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HomeMy WebLinkAbout5/6/1997cit'oov- CoIxacil/ AGENDA Tuesday, May 6,1997 5:00 p.m. Closed Session CC 3-5 6:30 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California 91765 Mayor Bob Huff Mayor Pro Tem Carol Herrera Council Member Eileen Ansari Council Member Clair Harmony Council Member City Manager City Attorney City Clerk Gary Werner Terrence L. Belanger Michael Jenkins 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 Il 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 coin municate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. 4 The City of Diamond Bar uses re cled paper and encourages you to do the same. 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 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 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 remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(x) 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 cases 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 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. THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST ON THE SATURDAY FOLLOWING THE COUNCIL MEETING AT 10:00 A.M. ON CHANNEL 12. 1. CLOSED SESSION: Next Resolution No. 97-28 Next Ordinance No. 02(1997) 5:30 p.m., May 6, 1997, AQMD Room CC 3 & 5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (G.C. Section 54956.8): PROPERTY: Former Water District property, westerly side of Brea Canyon Road north of Pathfinder Road NEGOTIATING PARTIES: City of Diamond Bar and Diamond Crest Estates LLA UNDER NEGOTIATION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: Material terms of the agreement 6:30 p.m. May 6, 1997 Mayor Huff Evangelical Free Church of Diamond Bar ROLL CALL: Council Members Ansari, Harmony, Werner, Mayor Pro Tem Herrera, Mayor Huff 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 PROCLAMATIONS: 3.1.1 Proclaiming May, 1997 as "Water Awareness Month." 3.1.2 Proclaiming May, 1997 as "Bicycle Appreciation Month." 3.2 BUSINESS OF THE MONTH 3.2.1 Presentation of City Tile to Tony and Sadie D'Agnenica of D'Antonio's Italian Restaurant 4. 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. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take MAY 6, 1997 PAGE 2 any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC & TRANSPORTATION COMMISSION - May 8, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - May 13, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - May 20, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of April 15, 1997 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of March 13, 1997 - Receive & File. Requested by: City Engineer 6.3 PLANNING COMMISSION MINUTES - Regular Meeting of March 251 1997 - Receive and File. Requested by: Community Development Director 6.4 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of March 27, 1997 - Receive and File. Requested by: Community Services Director 6.5 VOUCHER REGISTER - Approve Voucher Register dated May 6, 1997 in the amount of $723,868.09. Requested by: City Manager 6.6 TREASURER'S REPORT - Month of March, 1997 - Review and approve. Requested by: City Manager 6.7 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEAL, AREA SEVEN IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The City is divided into seven areas for road maintenance programming. This year's program includes patching and slurring of streets in Area 7. MAY 6, 1997 PAGE 3 Specifications for the subject project are complete. Recommended Action: It is recommended that the City Council adopt Resolution No. 97 -XX approving specifications of the 1996-97 Slurry Seal Project and authorize the City Clerk to advertise the project for bids. Requested by: City Engineer 6.8 (A) RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS OF BREA CANYON ROAD FROM GOLDEN SPRINGS ROAD TO NORTHERLY CITY LIMITS AT U.P.R.R. AND PATHFINDER ROAD FROM SHADED WOOD ROAD TO DIAMOND BAR BOULEVARD FOR THE STREET REHABILITATION PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - These areas are in need of pavement rehabilitation and have been analyzed and evaluated in order to determine the most practical and economical approach for the improvements. Based on these findings, plans and specifications for the project have been prepared. Recommended Action: It is recommended that the City Council adopt Resolution No. 97 -XX approving plans and specifications of the Brea Canyon Rd. and Pathfinder Road Street Rehabilitation Project and authorize the City Clerk to advertise the project for bids. (B) BREA CANYON ROAD AND PATHFINDER ROAD STREET REHABILITATION PROJECT - These areas are in need of pavement rehabilitation and staff proposes award of a construction administration contract to the most qualified consultant. Recommended Action: It is recommended that the City Council authorize the Mayor to enter into a Professional Services Agreement with Norris-Repke, Inc. for construction administration/ inspection services in an amount not -to -exceed $31,659 and provide a contingency amount of $5,000 for contact amendment(s) to be approved by the City Manager, for a total authorization amount of $36,659. Requested by: City Engineer 6.9 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF SIDEWALKS ALONG ASPEN GROVE LANE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Aspen Grove Ln. has had a history of reported sidewalk damage due to overgrown roots. The street was originally planted with Liquid Ambers. Four of these trees have MAY 6, 1997 PAGE 4 been removed within the past few years and the sidewalks concurrently replaced. The remaining trees have caused more sidewalk damage that is irreplaceable if the trees are to remain. Much of the sidewalk is broken, raised and buckled, creating a difficult path for pedestrians. Under the 1996-97 L.A. County Urban CDBG (Community Development Block Grant) Program, $106,270 of CDBG federal funds was allocated for sidewalk construction on Aspen Grove Ln. Bid specifications have been prepared. Recommended Action: It is recommended that the City Council adopt Resolution No.97-XX approving bid specifications for sidewalk construction on Aspen Grove Ln., and authorize the City Clerk to advertise the project for bids. Requested by: City Engineer 6.10 DIAMOND BAR BOULEVARD RECONSTRUCTION/REHABILITATION BETWEEN GRAND AVENUE AND PALOMINO DRIVE - These areas are in need of pavement rehabilitation and/or reconstruction. On March 4, 1997 Council authorized staff to advertise for bids for this Project. Staff proposes to award a construction contract to the lowest responsible bidder. Recommended Action: It is recommended that the City Council award a construction contract to Vance Corp. in an amount not -to -exceed $932,950 and provide a contingency amount of $100,000 for project change orders to be approved by the City Manager, for a total authorization amount of $1,032,950. Requested by: City Engineer fl vp 6.11 AWARD OF CONTRACT FOR PETERSON PARK .ADB- RETROFIT - Council authorized advertising of bids for installation of the Peterson Park ADD Retrofit. Bids were received from eight contractors, which were opened and publicly read on April 17, 1997. The lowest qualified bidder is MJS Construction, Inc. for a base amount of $150,384.50. The base bids ranged from $150,384.50 to $214,412. A bid alternative item consisted of a perimeter walkway around the park which is recommended by the Parks & Recreation Commission and the Parks Master Plan Consultants at an additional cost of $34,102. If the alternative is accepted, the total contract would be $187,486. Construction is being funded through Community Development Block Grand (CDBG) funds. Recommended Action: It is recommended that the City Council award a contract for the Peterson Park ADA Retrofit to MJS Construction Inc., the lowest responsible bidder, in the amount of $187,486.50, plus a contingency amount of $15,000. MAY 6, 1997 PAGE 5 Requested by: City Manager 6.12 AWARD OF GEOTECHNICAL INVESTIGATION SERVICES FOR CHINOOK PLACE/SAN LEANDRO DRIVE (AND VICINITY STREETS INCLUDING COVERED WAGON DRIVE, BALLENA DRIVE, BREGANTE DRIVE) - On March 14, 1997, the Public Works Dept. solicited proposals for geotechnical investigation services for Chinook P1./San Leandro Dr. (and vicinity streets including Covered Wagon Dr., Ballena Dr., Bregante Dr.). On April 7, 1997, three proposals were received. Staff proposes to award the engineering services contract to the most qualified consultant. Recommended Action: It is recommended that the City Council award the engineering services contract to Converse Consultants West for Geotechnical Investigation Services for Chinook P1./San Landry Dr. (and vicinity streets including Covered Wagon Dr. Ballena Dr., Bregante Dr), in an amount not -to -exceed $16,766 and provide a contingency amount of $2,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $18,766. Requested by: City Engineer 6.13 TRAFFIC SIGNALS ON DIAMOND BAR BOULEVARD AT GOLDRUSH - On April 1, 1997, Council authorized advertising for bids for installation of traffic signals on Diamond Bar Blvd. at Goldrush Dr. Staff proposes to award a contract to the lowest responsible bidder, New West Signal. Furthermore, it is recommended that Council award a construction inspection services contract to Warren C. Siecke. Recommended Action: It is recommended that the City Council award a contract to New West Signal in an amount not -to -exceed $88,690 and authorize a contingency amount of $9,000 for project change orders to be approved by the City Manager. Furthermore, it is recommended that the City Council award construction inspection services to Warren C. Siecke in the amount not -to -exceed $5,700. Requested by: City Engineer 6.14 AWARD OF CONTRACT FOR CONSTRUCTION/RETROFIT OF HANDICAP ACCESS RAMPS - On April 1, 1997, Council adopted Resolution No. 97-24 approving specifications for construction/retrofit of handicap access ramps. Council authorized and directed the City Clerk to advertise to receive bids. Ten bids were submitted and opened on April 29, 1997 and the apparent low bidder was Perry Maness Industries, Inc. Recommended Action: It is recommended that the City Council award a contract to Perry Maness Industries, Inc. MAY 6, 1997 PAGE 6 for construction/Retrofit of Handicap Access Ramps in an amount not to exceed $22,410. It is further recommended that the Council authorize a contingency amount of $3,000 for project change orders to be approved by the City Manager, for a total authorization of $25,410. Requested by: City Engineer 6.15 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES (MBA) REGARDING ENVIRONMENTAL SERVICES FOR VESTING TENTATIVE TRACT MAP NO. 50314 (J.C.C. - Windmill Development) - On May 29, 1996, Council approved a $44,000 Professional Services Agreement with Michael Brandman Associates for environmental services in order to provide an Environmental Impact Report (EIR) for VTTM 50314. The contracted scope of work was prepared based upon a review of information provided and the recommended range of services and costs. MBA is requesting a budget increase of $4,460 which reflects an expanded scope of work. Recommended Action: It is recommended that the City Council approve an amendment with Michael Brandman Associates reflecting the expanded scope of services and $4,640 budget increase for VTTM 50314, bringing the total Professional Services Agreement to $48,640. Requested by: Community Development Director 6.16 APPROVAL OF CONTRACT AMENDMENT FOR ADDITIONAL GRAFFITI REMOVAL WORK BY GRAFFITI CONTROL SYSTEMS, INC. FOR THE 1996/97 FISCAL YEAR - The City has an existing contract with Graffiti Control Systems, Inc. for city-wide graffiti removal. The contract sets forth a unit price of $30 per site for removal and allows Council to determine the number of sites to be serviced. On May 21, 1996, Council authorized the expenditure of up to $30,000 (1,000 sites) for city-wide removal by Graffiti Control Systems, Inc. for FY 1996/97 which was accomplished as of April 30, 1997. It is estimated that there will be 250 additional removal sites for the months of May and June, bringing the total number of estimated removal sites for FY 96/97 1,250. Staff is seeking approval for a contract amendment in the amount of $7,500 for additional removal work expected to be performed by Graffiti Control Systems Inc. during the remainder of fiscal year. In addition, a budget adjustment increasing the 96/97 budget by $2,500 is also requested. Recommended Action: It is recommended that the City Council approve a contract amendment in the amount of $7,500 for additional graffiti removal work by Graffiti Control Systems, Inc. for FY 1996/97 FY. Also, approve a budget adjustment to allocate an additional $2,500 to the City-wide graffiti removal budget. MAY 6, 1997 PAGE 7 Requested by: Community Services Director 6.17 EXTENSION OF MAINTENANCE CONTRACTS: (A) EXTENSION OF CONTRACT FOR MAINTENANCE OF LIGHTING & LANDSCAPE DISTRICT NO. 38 - On April 4, 1995, Council awarded a contract to Mariposa Horticultural Enterprises, Inc. for $38,400 for maintenance of LLAD No. 38 for July 1, 1995 through June 30, 1996. The contract allows Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. At its May 21, 1996 meeting, Council approved a contract extension for July 1, 1996 through June 30, 1997 in the amount of $39,129.60. Mariposa has requested that the city not exercise its right to extend the contract for another year; however, staff recommends extension of the contract for FY 1997/98 and seek bids for a new contractor for FY 1998-99. The contract further provides for a Consumer Price Index (C.P.I.) adjustment on the extension which would amend the contract amount from $39,129.60 to $39,833.93 per year. Terry Noriega, President of Mariposa has accepted the proposal to continue these services for one more year. Recommended Action: It is recommended that the City Council approve extension of the contract with Mariposa Horticultural Enterprises, Inc. for maintenance of LLAD No. 38 for FY 1997/98 including a 1.8% C.P.I. increase, for a total contract amount of $39,833.93. (B) EXTENSION OF CONTRACT FOR MAINTENANCE OF LIGHTING 7& LANDSCAPE DISTRICT NO. 39 - On July 25, 1995, Council awarded a contract to Accurate Landscape & Maintenance Corp., in the amount of $73,080 for maintenance of LLAD No. 39 for July 1, 1995 through June 30, 1996. The contract allows Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. At its May 21, 1996 meeting, Council approved a contract extension of July 1, 1996 through June 30, 1997 for the original amount. Accurate has proven that they can satisfactorily perform the specifications of the contract. The contract further provides for a Consumer Price Index (C.P.I.) adjustment on the extension which would amend the contract amount for FY 1997-98 from $73,080 to $74,395.44 per year. Recommended Action: It is recommended that the City Council approve extension of the contract with Accurate Landscape & Maintenance Corp., for maintenance of LLAD No. 39 for FY 1997-98 in an amount not to exceed $74,395.44. (C) EXTENSION OF CONTRACT FOR MAINTENANCE OF LIGHTING & LANDSCAPE DISTRICT NO. 41 - On April 4, 1995, Council awarded a contract to Landscape West, Inc., in the amount MAY 6, 1997 PAGE 8 of $35,400 for maintenance of LLAD No. 41 for July 1, 1995 through June 30, 1996. At its May 21, 1996 meeting, Council extended the contract for July 1, 1996 through June 30, 1997 at the original contract amount. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. Landscape West has proven that they can satisfactorily perform the specifications of the contract. The contract further provides for a Consumer Price Index (C.P.I.) adjustment on the extension. Landscape West, Inc. has agreed to forego this increase for FY 1997-98. Recommended Action: It is recommended that the City Council approve extension of the contract with Landscape West, Inc. for maintenance of LLAD No. 41 for FY 1997-98, in an amount not to exceed $35,400. (D) EXTENSION OF WEED/LITTER ABATEMENT CONTRACT WITH LANTERMAN DEVELOPMENT CENTER - The City has contracted with Lanterman Development Center for the past 7 years for supplemental weed and litter abatement services. The contract calls for 10.8 miles of public right-of-way litter abatement three times a month for $839.44 per month and weed abatement in a variety of areas once per month for $2,136.38 per four months. This contract provides for service in areas of the City that are known to accumulate litter more rapidly than other areas of the community and for weed control in the public right-of-way in areas not serviced by other contracts. Recommended Action: It is recommended that the City Council approve extension of the contract with Community Industries Lanterman Development Center for supplemental weed and litter abatement for FY 1997-98 for a total contract amount of $16,483. (E) EXTENSION OF CONTRACT FOR MAINTENANCE OF EIGHT CITY PARKS - On June 15, 1993, Council awarded a contract to Accurate Landscape & Maintenance Corp., in the amount of $102,600 for July 1, 1993 though June 30, 1994, for maintenance of 8 City parks. The contract allows Council to extend the contract on an annual basis, up to five times, if an extension is deemed to be in the best interest of the City. On October 1, 1996, Council approved an amendment to include maintenance of the natural area of Sycamore Canyon Park as part of the contract which increased the contract amount by $193.50 per month or $2,322 per year, bringing the total annual cost of the contract to $104,922. Under the terms of the contract, the contractor is entitled to a Consumer Price Index (C.P.I) adjustment on the extension which would amend the contract for FY 1997/98 from $104,922 to $106,810.60 per year. MAY 6, 1997 PAGE 9 Recommended Action: It is recommended that the City Council approve extension of the contract with Accurate Landscape & Maintenance Corp. for maintenance of 8 City parks for FY 1997-98 in an amount not to exceed $106,810.60. (F) EXTENSION OF WEED CONTROL/ SIDEWALK AND PARKWAY MAINTENANCE CONTRACT - On September 21, 1993, Council awarded a contract to Landscape West, Inc. in the amount of $54,742, to provide weed control along parkways and to clean sidewalks located in the public right-of-way. The contract allows Council to extend the contract on an annual basis, for a maximum of five times, if an extension is deemed to be in the best interest of the City. On January 16, 1996, Council approved an amendment to include maintenance of an undeveloped parkway area as part of the Weed Control/Sidewalk and Parkway Maintenance Contract. The additional responsibility increased the contract amount by $84 per month or $1,008 per year, bringing the total annual cost of the contract to $55,750. After four years of servicing this contract, Landscape West, Inc. has proven they can satisfactorily perform the specifications of the contract and they have agreed to forego a Consumer Price Index increase for FY 1997/98, as they have done for the past three years. Staff believes that the contract amount of $55,750, which includes the amendment increase of $1,008, is a very competitive price. The next lowest bid received in the bidding process was $67,940.01, which is 21% higher than the current contract amount. Recommended Action: It is recommended that the City Council approve extension of the contract with Landscape West, Inc. for the Weed Control/ Sidewalk and Parkway Maintenance for FY 97/98 in an amount not to exceed $55,750. (G) EXTENSION OF GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS - On May 18, 1993, Council awarded a contract to Graffiti Control Systems, in the amount of $16,590 ($30 per site), for supplemental graffiti removal through June 30, 1994. The contract allows the City to extend the contract on an annual basis and adjust the quantity of work to serve the best interests of the City. Graffiti was removed from 1,192 sites between May 1996 through April 1997. After four years of servicing this contract, Graffiti Control Systems has proven that they can satisfactorily perform the specifications of the contract and has agreed to forego a C.P.I. increase to extend the contract for the 1997/98 FY. Recommended Action: It is recommended that the City Council approve extension of the contract with Graffiti Control Systems for graffiti removal for FY 1997/98 in an amount not to exceed $35,000 ($30 per site/1,160). MAY 6, 1997 PAGE 10 (H) EXTENSION OF CITY-WIDE STREET TREE MAINTENANCE CONTRACT - On July 5, 1994, Council awarded a contract to West Coast Arborists, Inc. for City-wide street tree maintenance. The contract allows Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. The contract also allows Council to determine the quantity of work to be performed by the contractor on an annual basis. Staff recommends that the extension for the 1997/98 FY be in the amount of $45,000. West Coast Arborists, Inc. has agreed to forego a Consumer Price Index (C.P.I.) increase for the 1997/98 FY contract, as they have the past three years. Recommended Action: It is recommended that the City Council approve extension of the contract for City-wide street tree maintenance to West Coast Arborists, Inc., in the amount not to exceed $45,000 for the 1997/98 FY. Requested by: Community Services Director 6.18 BUDGET ADJUSTMENT FOR BUILDING & SAFETY CONTRACT SERVICES - The 1996/97 fiscal year budget estimated an expenditure for Building and Safety Contract Services at $200,000 and estimated revenues of $291,500. Building and Safety service expenditure are based upon a percentage of the building permit, plan checking and inspection revenues. Revenues and expenditures are expected to exceed original estimates primarily as a result of increased residential development activity. It is necessary to increase FY 96/97 expenditures for Building and Safety contracted services by $4,000 and revenues by $109,000. Recommended Action: It is recommended that the City Council approve a budget adjustment increasing expenditures for Building and Safety Services by $40.000 and revenues by $109,000. Requested by: Community Development Director 6.19 CONTRACT AMENDMENT FOR VENDOR SERVICES WITH HIGHPOINT GRAPHICS - The City selects a vendor each year to provide annual pre -press and digital publishing services. Highpoint Graphics (aka, Highpoint Digital Publishing Solutions) has been the lowest bidder for the past two years, and currently provides the most competitive pricing and quality of service. Due to a heavy demand for digital -type services this year, the maximum amount normally awarded to an individual vendor ($10,000) will be exceeded, if ongoing projects are to be completed through the remainder of this fiscal year. Recommended Action: It is recommended that the City Council authorize an extension of services with Highpoint MAY 6, 1997 PAGE 11 Graphics in the amount of $3,500, to be applied to miscellaneous projects through the remainder of the current fiscal year. Requested by: City Manager 6.20 PANTERA PARK CONSULTANT AMENDMENTS - Council approved release of bid documents for construction of Pantera Park on April 1, 1997. Bids will be opened on May 8, 1997, and the contract is proposed to be awarded by Council at the May 20, 1997 meeting. In preparation for commencement of construction, the City retained the firm of Heimberger Hirsch & Assoc. for construction manage- ment. With the impending construction, the City needs to amend the contract with Heimberger Hirsch to include 150 construction days instead of the original 110 construction days, preparation of addenda and bid schedules and additional plan review time. Throughout the development process, D&J Engineering has reviewed the plans and been part of the Pantera Park Project Team. The City needs to issue a purchase order for D & J Engineering to include construction coordination serv- ices, meeting attendance, and payment for the additional plan reviews required. In addition, the City is required to retain a Soils/Geotechnical firm to provide soils testing and geotechnical observation and construction surveying during the construction. The firms of Leighton & Assoc. and Dewan Lundin & and Assoc. are recommended for these services respectively. With the amended contract and additional firms, the City will be prepared for the forthcoming construction. Recommended Action: It is recommended that the City Council amend the Professional Services Agrement with Heimberger Hirsch for an amount not to exceed $30,450; award purchase orders to D & J Engineering in an amount not to exceed $11,092, to Leighton & Assoc. for an amount not to exceed $8,620, and to Dewan Lundin & Assoc. in an amount not to exceed $18,960. Requested by: City Manager 6.21 CONTRACT AMENDMENT WITH VAN WINKLE & ASSOCIATES FOR VIDEOGRAPHY SERVICES - The City mailed out Requests for Videography services for Capital Improvements and various projects. Van Winkle & Associates has been the lowest responsive bidder. Due to a heavy demand for videography services requests for various projects, the maximum amount normally awarded to an individual vendor ($10,000) will be exceeded, if all projects are completed through the remainder of this fiscal year. Videography services are utilized to document project progress. There is sufficient budget to complete ongoing and future projects through the end of the current fiscal year, pending Council approval. MAY 6, 1997 PAGE 12 Recommended Action: It is recommended that the City Council authorize an extension of services with Van Winkle & Associates for a total of $500 to be applied to miscellaneous projects through the remainder of the current fiscal year. Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 P.M. or as soon thereafter as matters can be heard - None 8. OLD BUSINESS: 8.1 SECOND READING ORDINANCE NO. 01(1997): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND JONES INTERCABLE, INC., AND CONCURRENTLY AUTHORIZING THE ASSIGNMENT OR TRANSFER OF THAT FRANCHISE AGREEMENT BY JONES INTERCABLE, INC. TO CITIZENS CENTURY CABLE TELEVISION VENTURE - Council had First Reading of the Ordinance approving the Cable Franchise Agreement on April 1, 1997. Second Reading of the Ordinance was held on April 15 with a vote of 2 in favor, 1 opposed with 2 Council Members absent. Pursuant to Government Code Section 36936, the Ordinance requires three affirmative votes. Therefore, the Ordinance is again before Council for Second Reading. The Agreement has not be amended from the First Reading. Recommended Action: It is recommended that the City Council approve for second reading by title only, waive full reading and adopt Ordinance No. 97-01 authorizing the renewal of a cable television franchise agreement between the City and Jones Intercable, Inc. and concurrently authorizing the assignment or transfer of that franchise agreement by Jones Intercable, Inc. to Citizens Century Cable Television Venture. Requested by: City Manager 8.2 PARKS & RECREATION COMMISSION VACANCY APPOINTMENT - Due to the passing of Oscar Law, a new Commissioner must be appointed. Continued from April 15, 1997. Requested by: Council Member Werner 8.3 1997-98 CITY COUNCIL GOALS AND OBJECTIVES - 1996-97 RE - RANKED CITY COUNCIL GOALS AND OBJECTIVES - On February 4, 1997, Council conducted a workshop to discuss the 1997-98 Goals and Objectives. Based upon the input received, Council ranked the 1997-98 Goals & Objectives and re - ranked the 1996-97 Goals & Objectives. On March 18, 1997, Council conducted a workshop to review and discuss the 1997-98 Goals & Objectives and the 1996-97 re -ranked MAY 6, 1997 M PAGE 13 Goals & Objectives. Continued from April 15, 1997. Recommended Action: It is recommended that the City Council adopt the Goals and Objectives priority rankings and the re -ranked 1996-97 Goals and Objectives. Requested by: Mayor Huff, MPT/Herrera NEW BUSINESS: 9.1 ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 3 - In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption process for the proposed Diamond Bar Economic Revitalization Area. In order to complete the process, it will be necessary to approve Advance and Reimbursement Agreement No. 3 in the amount of $50,000. Recommended Action: It is recommended that the City Council adopt Resolution No. 97 -XX approving Advance and Reimbursement Agreement No. 3 with the Redevelopment Agency in the amount of $50,000. Requested by: City Manager 9.2 A) RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING THE NUMBER OF RESIDENTS OF THE CITY FOR THE PURPOSE OF DETERMINING THE VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS. B) URGENCY ORDINANCE NO. XX(1997): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENACTING VOLUNTARY EXPENDITURE CEILINGS FOR CITY ELECTIONS AND DECLARING THE URGENCY THEREOF - A campaign contribution and expenditure matrix has been prepared that sets forth contributions and expenditures for all candidates in all City elections since Cityhood. Voluntary expenditure ceilings can allow candidates to choose to voluntarily adhere to the limits set forth in the proposed Ordinance. However, if the candidate elects to not follow the voluntary procedures, then the candidate will be limited to the minimum receipt from contributors of $100 each. On the other hand, if the candidate does voluntarily submit to the limitations set forth in the proposed Ordinance, contributors will be permitted to contribute up to $250 to a candidate. Recommended Action: It is recommended that the City Council adopt A) Resolution No. 97 -XX establishing the number of residents of the City for the purpose of determining Voluntary Expenditure Ceilings and B) Urgency Ordinance No. MAY 6, 1997 PAGE 14 XX (1997) enacting Voluntary Expenditure Ceilings. Requested by: City Council 9.3 LEGISLATIVE ADVOCACY SERVICES - Shall the City retain a legislative advocate, based in Sacramento, to assist the City with lobbying of proposed State legislation of interest or concern to the City? Recommended Action: It is recommended that the City Council retain the firm of Joe A. Gonsalves and Anthony D. Gonsalves to provide legislative advocacy services, on behalf of the City, in the amount of $3,000 per month. It is further recommended that $6,000 be allocated to the City Council, Professional Services account, in the FY 1996-97 Municipal Budget. Requested by: City Manager 9.4 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENDORSING AND SUPPORTING AB 1226 (GRANLUND/MILLER)- Proposed legislation to allow newly - incorporated cities to retain its incorporation population though its first 10 full fiscal years. Recommended Action: It is Council consider adoption endorsing and supporting AB Requested by: City Manager recommended that the City of Resolution No. 97 -XX 1226 (GRANLUND/MILLER). 9.5 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF LOS ANGELES COUNTY BALLOT MEASURE "E" - This measure, if adopted, would provide $51.7 million annually to the L.A. County Fire Protection District which would replace monies lost as a result of the passage of Proposition 218. Recommended Action: It is recommended that the City Council adopt Resolution No. 97 - XX supporting Los Angeles County Ballot Measure "E." Requested by: City Manager 9.6 CONSIDERATION OF SUPPORT OF AB 363 (BACA) REGARDING GROUP HOMES. Recommended Action: It is recommended that the City council endorse and support the passage of AB 323 (BACA) which makes changes to State law related to group care facilities. Requested by: Council Member Ansari 9.7 DISCUSSION RE: ADOPTION OF AN URGENCY ORDINANCE TO MAY 6, 1997 PAGE 15 ESTABLISH A MORATORIUM ON THE ISSUANCE OF PERMITS FOR TELECOMMUNICATIONS EQUIPMENT (AND ANTENNAS) FOR COMMERCIAL PURPOSES. Recommended Action: It is recommended that the City Council discuss and direct staff. Requested by: Council Member Werner 9.8 CONSIDERATION OF A REQUEST TO REVIEW THE DECISION OF THE PLANNING COMMISSION TO APPROVE A PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT 24401 DARRIN DRIVE (CUP 96-10 AND DR 96-9) - On April 22, 1997, the Planning Commission concluded its public hearing and approved the installation of a wireless telecommunications facility at 24401 Darrin Dr. The issue before Council is whether or not the decision of the Planning Commission shall be called for review. Recommended Action: It is recommended that the City Council consider the requested call for review. If approved, the City Council should set the matter for public hearing in June 1997. Requested by: Council Member Harmony RECESS TO REDEVELOPMENT AGENCY MEETING NEXT RESOLUTION R-97-08 1. CALL TO ORDER: Chairman Werner ROLL CALL: Agency Members Ansari, Harmony, Herrera, VC/Huff, C/Werner 2. 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 Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speakers Card and give it to the Secretary (completion of this form is voluntary). There is a five minute maximum time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of April 15, 1997 - Approve as submitted. Requested by: Agency Secretary MAY 6, 1997 PAGE 16 3.2 VOUCHER REGISTER - Approve Voucher Register dated April 15, 1997 in the amount of $38,344.80. Requested by: Executive Director 4. PUBLIC HEARINGS: 5. OLD BUSINESS: 5.1 RESOLUTION NO. R -97 -XX: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 3 WITH THE CITY OF DIAMOND BAR - In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption process for the proposed Diamond Bar Economic Revitalization Area. In order to complete the process, it will be necessary to approve Advance and Reimbursement Agreement Number 3 in the amount of $50,000. Recommended Action: It is recommended that the Redevelopment Agency take the following action: (a) Adopt Resolution No. R -99 -XX approving Advance and Reimbursement Agreement No. 3 with the City of Diamond Bar, in the amount $50,000; (b) Approve an adjustment in the budget for FY 1996-97 adding $25,000 to the Advertising account, adding $5,000 to the Professional Services account, and adding $20,000 to the Legal Services account; (c) Approve an amendment to the professional services agreement with Rosenow, Spevacek Group, Inc. (R.S.G.), increasing the contract amount by $25,000 to a total of $100,980. Requested by: Executive Director 6. NEW BUSINESS: 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 8. AGENCY SUB -COMMITTEE REPORTS: REDEVELOPMENT AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETINGS: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL COMMENTS: Items raised by individual Council - members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: "WATER A WARENESS MONTH" MAY 1997 WHEREAS, water is California's most precious natural resource; and HKEREAS, the dnoughtyears of19871993have reinforced to all Californians the importance of conserving water for the health and welfare of the state; and WHEREAS, residents, localgovernmentandbusinesseshave workedtogether diligently to decrease water use in California; and WHEREAS, these conservation efforts have proven to be successful and all Californians need to continue to conserve water and to use water wisely, and WHERE4S, duringthemonthofMay, theDiamondBarCityCounedjomswitlithe Walnut Valley WaterDistrictin its efforts to increase the understandiugofwaterand to make water conservation a way of life through community education. NOW, THEREFOR& BEITRESOLVED, dmtthe 0tyofDiwwndBardoesberhy proclaim MayI997as WaterAwamnessMontb and urgesall aitizens to join in supporting local water mpnirationsinthe effort tohelp Californians'7lse Water Wisely-I6a way, of Life. it DATED: Mav 6, 1997 BOARD OF DIRECTORS Donald L Nettles President Election Division IV Richard C. Engdahl Vice President Election Division II Keith K. Gunn Vice President Election Division V Edward N. Layton Assistant Treasurer Election Division III William G. Wentworth Director Election Division I STAFF: Karen J. Powers General Manager Secretary Bernadette Galindo Treasurer LEGAL COUNSEL: H. Jess Senecal WALNUT VALLEY WATER DISTRICT 271 South Brea Canyon Road • P.O. Box 508 Walnut California 91789-3002 a (909) 595-1268 • (818) 964-6551 FAX (909) 594-9532 , February 28, 1997 Terrence L. Belanger, City Manager City of Diamond Bar 21660 E. Copley Dr., Suite 100 Diamond Bar, CA 91765-4177 Dear Mr. Belanger: wn MaH. ilw.aV Enclosed is a sample proclamation in support of Water Awareness Month, May 1997, similar to the one which will be considered by our Board of Directors for adoption at our March 18, 1997 meeting and which we would appreciate your submitting to your Council for endorsement. If the Council responds favorably to this request, please notify us of the date and time of the meeting at which the action will be taken so that a representative of our District can be present to accept the proclamation. As 1997 marks the 23rd anniversary of the Safe Drinking Water Act and our commitment to provide the highest quality water available at the lowest cost possible in an environmentally -responsible manner, we sincerely appreciate the ongoing support received from the city. To thank you for this support, we would like to extend an invitation to the Council and city staff to be our guest at our District Open House to be held on Thursday, May 15, 1997, at 5:30 P.M. Kindly RSVP to Ms. Karen Miller of our Community Relations staff on or before May 5, 1997. Very truly yours, WALNUT VALLEY WATER DISTRICT lLl Karen J. Powers d',t General Manager KP: km Enclosure WATER AWARENESS MONTH PROCLAMATION WHEREAS, water is California's most precious natural resource, and WHEREAS, the drought years of 1987-1993 taught Californians the importance of conserving water for the health and welfare of the state, and WHEREAS, residents, local government and business have successfully decreased the use of water in California, and WHEREAS, during the month of May, the ci coun joins with the Walnut Valley Water District and the California Water Awareness Campaign, composed of various urban and agricultural water agencies, cities, farm bureaus and other organizations, to work to increase understanding of water and to make water conservation a way of life. 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D) O s rDco p rD rD nX w n Q.. rt �• (n O � ANNUAL DUES RUN FROM JUNE 1 THROUGH MAY 31 OF THE FOLLOWING YEAR SINGLE MEMBERSHIP $12.00 (INCLUDES TAILWIND) PLEASE MAKE CHECKS PAYABLE TO: SCOR CARDIAC CYCLISTS CLUB AND MAIL TO: SCOR CARDIAC CYCLISTS CLUB 12300 EAST WASHINGTON BLVD. SUITE W WHITTIER, CALIFORNIA 90606 (310) 943-9440 APPLICATION FOR MEMBERSHIP, SCOR CARDIAC CYCLISTS CLUB APPLICANT'S NAME: ADDRESS: BIRTHDATE: DIAGNOSIS (IF APPLICABLE): HOME PHONE: ( AGE: PRIVATE PHYSICIAN: WORK PHONE: ( WAIVER In consideration of SCOR Cardiac Cyclists Club, Inc. permission to participate in Saturday/Sunday club rides as well as special events. (Solvang Century, Solvang Prelude, % & Century, San Diego Century), I hereby waive and release any and all rights and claims for damages which I may have against SCOR Cardiac Cyclists Club, Inc., the locations of where the events take place, as well as any other person or company connected with these events, their heirs, executors, successors, administrators and assigns for any and all injuries which I may suffer for taking part in these rides or as a result of these. I attest that I am physically fit enough to participate in these rides. Further, any and all pictures, videos and/or media release by the club as it sees fit. Person under age must have the waiver signed by a parent or guardian. Signature Parent or Guardian Date Date April 811997 SCOR CARDIAC CYCLISTS CLUB, INC. V � Eileen R. Msari, Mayor 21660 E opley Dr. Diamo d Bar, CA 91765 Dear Mayor Ansari: 12300 E. Washington Blvd., Suite W Whittier, CA 90606 s �1 i wouid like to request your city's endorsement of Bicycle Appreciation Month, May, 1997 and the Five Counties Bicycle Commuter Project. The SCOR Cardiac Cyclists Club has been assisting with the rehabilitation of heart disease patients since 1974. We encourage participation in healthy bicycling activities and provide opportunities to help others in our projects. During the next three years, we plan to educate more than 18,000 adults to ride bicycles safely and confidently in traffic. SCOR CCC is currently training 80 experienced bicyclists from throughout southern California to serve as teachers in this project. The teachers will provide instruction on the latest bicycle driving techniques, traffic safety concepts and emergency procedures. Our goal is to save lives, mitigate bicycle related injuries, improve air quality and reduce traffic congestion. Since this is an important undertaking affecting your community, we seek your help to promote our project locally; and Bicycle Appreciation Month in May. We have endorsements of all the five counties we will be serving as well as a number of other cities, corporations and educational institutions. Your endorsement is critical to our efforts to reach the large number of potential commuter bicyclists we intend to educate. I have enclosed a sample proclamation and materials for your perusal. Please call upon me if you have any questions. We would welcome the opportunity to accept your proclamation at a council meeting or having it sent directly to our office. Your time and cooperation in this matter_ is greatly appreciated. Sincerely, r -y K 111th Projec Director SCOR SPECIALIZED CORONARY OUTPATIENT REHABILITATION Anon -profit organization wgr. f i wouid like to request your city's endorsement of Bicycle Appreciation Month, May, 1997 and the Five Counties Bicycle Commuter Project. The SCOR Cardiac Cyclists Club has been assisting with the rehabilitation of heart disease patients since 1974. We encourage participation in healthy bicycling activities and provide opportunities to help others in our projects. During the next three years, we plan to educate more than 18,000 adults to ride bicycles safely and confidently in traffic. SCOR CCC is currently training 80 experienced bicyclists from throughout southern California to serve as teachers in this project. The teachers will provide instruction on the latest bicycle driving techniques, traffic safety concepts and emergency procedures. Our goal is to save lives, mitigate bicycle related injuries, improve air quality and reduce traffic congestion. Since this is an important undertaking affecting your community, we seek your help to promote our project locally; and Bicycle Appreciation Month in May. We have endorsements of all the five counties we will be serving as well as a number of other cities, corporations and educational institutions. Your endorsement is critical to our efforts to reach the large number of potential commuter bicyclists we intend to educate. I have enclosed a sample proclamation and materials for your perusal. Please call upon me if you have any questions. We would welcome the opportunity to accept your proclamation at a council meeting or having it sent directly to our office. Your time and cooperation in this matter_ is greatly appreciated. Sincerely, r -y K 111th Projec Director SCOR SPECIALIZED CORONARY OUTPATIENT REHABILITATION Anon -profit organization SAMPLE PROCLAMA,710N FOR YOUR CITY, USA UNITED STATES OF AMERICA PROCLAMATION WHEREAS, bicycles provide an efficient means of non-polluting transportation, commuting and recreational pursuits in southern California; and WHEREAS, bicycles have consistently been one of the most popular and accessi- ble forms of transportation in this five -county region; and WHEREAS, bicycles provide simple and efficient multi -modal access to work and recreational sites throughout southern California; and WHEREAS, SCOR Cardiac Cyclists Club, Inc. has developed a program to pro- vide classroom and hands-on instruction to at least 18,000 adult cyclists in a five - county region to improve their knowledge of bicycle safety and self confidence while riding a bicycle; and WHEREAS, SCOR and other sponsoring organizations are desirous of embarking on a three-year program to increase the number of bicyclists, teach adults to be better cyclists, encourage the use of bicycles as a non-polluting (ZEV) mode of commuting to work, and improve bicycle access and facilities; and WHEREAS, the month of May is officially designated as "Bicycle Appreciation Month" in most cities and counties across the United States. NOW THEREFORE BE IT RESOLVED, that the City Council of , California endorses the concept of expanding bicycle commuting and safety edu- cation in our city as a means of improving congestion and reducing air pollution throughout the region; and BE IT RESOLVED, that the City Council of , California strongly supports the work of SCOR and other sponsoring organizations to in- crease bicycle awareness in southern California; and BE IT FURTHER RESOLVED, that the City Council of , California hereby designates the month of May, 1997 as "Bicycle Appreciation Month" in Los Angeles County. FIVE COUNTIES BICYCLE COMMU IEK rKVJZc-r SCOR CARDIAC CYCLISTS CLUB PROPOSAL SUMMARY SHEET GOAL: To increase the number of commuter cyclists by developing an awareness that commuter cycling, when properly taught, will be safe, elevate self confidence, be healthful exercise, great fun, environment friendly, help to reduce traffic congestion and be cost effective. HOW: Experienced cyclists will receive 24 hours of instruction in basic bicycle skills, traffic riding concepts, emergency skills and teaching techniques. Staff will recruit students via printed and electronic media; and visitations to target groups. A unique "800" number will be used by prospective stu- dents to efficiently assign them to a teaching site. Adult students will re- ceive ten hours of classroom and hands-on outdoor riding techniques. WHO WHERE: WHEN 18,000-30,000 students will come from the following population groups: • Large corporations • Small businesses • Educational institutions • Senior citizen centers • Health clubs • Recreation centers • Government agencies • Health insurance companies • Cycling clubs • Non -working individuals Los Angeles, Ventura, Orange, San Bernardino and Riverside counties. Classes will be held at: • Corporate locations • Recreational areas Spring, 1997 • School sites • Commercial property FUNDING • Air Quality Management District • SOURCES: . ISTEA • • Foundations • • Corporations • • Service clubs • SUPPORT • So Cal Assoc of Governments • GROUPS: • LA City Bicycle Advisory Cmte. • • Local governments • • Orange County Bicycle Coalition • • Corporations 0 Cal Office of Traffic Safety Metropolitan Transit Authority Cycle clubs Individuals Bike Rides for Bicyclists Service clubs Cal Rails -To -Trails Conservancy Cycle clubs California Bicycle Coalition Surface Trans. Policy Project II. GOAL —TWO YEAR PROJECT To increase the number of bicyclists in our communities by developing an awareness that bicycling, when properly taught, can elevate self confidence, be safe, healthful exercise, environmentally friendly, cost effective; and at the same time, reduce the number of bicycle related injuries and fa- talities. III. PROJECT OBJECTIVES. The Project staff will: A. Conduct at least 500 adult training sessions during each year of the project. B. Train at least 80 experienced bicyclists how to teach adult learners basic bicycling skills, riding in traffic, commuter and emergency avoidance skills. C. Conduct bicycle safety presentations to adult target groups, focusing on bicycle basics, traffic rules of the road, defensive riding techniques and traffic safety trigger words, emergency skills, commuter concepts, group riding skills and night riding techniques. D. Recruit adult learners through a unique "800" telephone system. E. Establish corporate and small business programs to encourage bicycle commuting. F. Compare student and general bicyclist accident statistics to evaluate program effectiveness. G. Promote safe coexistence of bicyclists and motorists on our roadways. H. Develop a hands-on bicycle safety curriculum guide for both the instructor and adult learner. I. Conduct a vigorous bicycle awareness program through the press, radio, television, special bicy- cling events, and other forms of publicity. IV. PROPOSED SOLUTION The project will encompass Los Angeles, Ventura, Orange, Riverside and San Bernardino counties. This area accommodates 186 cities and approximately 14 million people. Training sites will include corporate, recreational and school locations that have classrooms and parking lots adjacent to each other, light traffic and multiple lane traffic environments. Teacher trainees will receive 24 hour of instruction in basic bicycle skills, traffic driving concepts, emergency avoidance skills, commuter strategies and teaching techniques for the adult learner. To enhance and motivate teacher trainees, actual adult students will be taught in the teacher training phase. Adult learners will receive ten hours of classroom and hands-on outdoor instruction. The project will conduct a minimum of five hundred training sessions per year in the five county area. Ten to twelve thousand or more adults will be recruited from the following: large corporations, edu- cational institutions, health clubs, governmental agencies, bicycling clubs, small businesses, senior citizens centers, recreation centers, health insurance companies and the general public. Staff will also disseminate information and recruit adult learners through the press, radio and TV outlets, newslet- ters, project visitations to adult target groups, special bicycling events and by word-of-mouth. Unlike other attempts to recruit adult learners nationally, an "800" telephone number will be used to coordi- nate student recruitment, instructor assignments and site locations; encouraging more adults to par- ticipate, and to run the project more efficiently. Special inducements will be offered to encourage MEMORANDUM PROPOSAL Five Counties Bicycle Commuter Proiect I. STATEMENT OF THE PROBLEM A. Last year, 39 percent of 600,000 reported bicycle injuries treated in hospital emergency rooms were sustained by adults. B. During the last three years in this five county region, 141 bicyclists lost their lives and 11, 017 injuries were reported, of which 701 were severe. C. Adults lack the knowledge and motivation to wear helmets while bicycling. D. Economic hardship has made more adults pursue bicycle commuting; and that has contributed to the increase bicycle related injuries and fatalities. F. Motor and bicycle operators lack an appreciation for each others driving needs, creating hazard- ous driving environments for both groups. G. Current bicycle safety programs are for school age children; few such programs are available to adults. H. Some adults fear riding bicycles, therefore, are reluctant to enter bicycle education programs. I. Statistical Data: CHP Bicycle Accident Total By The Five Counties, 1993-95. COUNTY KILLED TOTAL INJURIES SEVERE HOSPITAL PAIN Los Angeles 79 6759 430 3607 2821 Orange 23 2379 122 1260 987 Ventura 8 652 57 393 212 San Bernardino 19 636 50 322 264 Riverside 12 591 42 340 219 TOTALS 141 11,017 701 5,922 4,503 Data Analysis. Leading collision factors in all five counties includes wrong side of street direc- tion, stop sign/traffic signal, right-of-way with autos, improper driving and improper turns. Of the leading collision factors, right-of-way with auto collisions were the highest in anyone single category accept in Ventura and Riverside Counties where riding on the wrong side of the street was the highest category. The same category ranks second in all other counties. Intersections appear to be the most dangerous areas for adult bicyclists. More collisions appear to have oc- curred there than anywhere else. Improper turn, right-of-way and at stop sign and traffic signal decision making are significant problems at intersections. Bicyclists, as with motorists, are involved in collisions related to alcohol/drugs. In Los Angeles County, 16 of 79 fatalities involved drivers who were physically impaired by alcohol/drugs. An- other primary collision factor category, other hazards, has a large number of incidents. This category may include bicycle collisions where no other vehicles were involved, ie., bicyclists' collisions with poles, trees, curbs, cracks in the roadway, gates, or falls from water or oil slicks on the roadway. Most of these collisions resulted in pain and/or hospital visits. II. GOAL —TWO YEAR PROJECT To increase the number of bicyclists in our communities by developing an awareness that bicycling, when properly taught, can elevate self confidence, be safe, healthful exercise, environmentally friendly, cost effective; and at the same time, reduce the number of bicycle related injuries and fa- talities. III. PROJECT OBJECTIVES. The Project staff will: A. Conduct at least 500 adult training sessions during each year of the project. B. Train at least 80 experienced bicyclists how to teach adult learners basic bicycling skills, riding in traffic, commuter and emergency avoidance skills. C. Conduct bicycle safety presentations to adult target groups, focusing on bicycle basics, traffic rules of the road, defensive riding techniques and traffic safety trigger words, emergency skills, commuter concepts, group riding skills and night riding techniques. D. Recruit adult learners through a unique "800" telephone system. E. Establish corporate and small business programs to encourage bicycle commuting. F. Compare student and general bicyclist accident statistics to evaluate program effectiveness. G. Promote safe coexistence of bicyclists and motorists on our roadways. H. Develop a hands-on bicycle safety curriculum guide for both the instructor and adult learner. I. Conduct a vigorous bicycle awareness program through the press, radio, television, special bicy- cling events, and other forms of publicity. IV. PROPOSED SOLUTION The project will encompass Los Angeles, Ventura, Orange, Riverside and San Bernardino counties. This area accommodates 186 cities and approximately 14 million people. Training sites will include corporate, recreational and school locations that have classrooms and parking lots adjacent to each other, light traffic and multiple lane traffic environments. Teacher trainees will receive 24 hour of instruction in basic bicycle skills, traffic driving concepts, emergency avoidance skills, commuter strategies and teaching techniques for the adult learner. To enhance and motivate teacher trainees, actual adult students will be taught in the teacher training phase. Adult learners will receive ten hours of classroom and hands-on outdoor instruction. The project will conduct a minimum of five hundred training sessions per year in the five county area. Ten to twelve thousand or more adults will be recruited from the following: large corporations, edu- cational institutions, health clubs, governmental agencies, bicycling clubs, small businesses, senior citizens centers, recreation centers, health insurance companies and the general public. Staff will also disseminate information and recruit adult learners through the press, radio and TV outlets, newslet- ters, project visitations to adult target groups, special bicycling events and by word-of-mouth. Unlike other attempts to recruit adult learners nationally, an "800" telephone number will be used to coordi- nate student recruitment, instructor assignments and site locations; encouraging more adults to par- ticipate, and to run the project more efficiently. Special inducements will be offered to encourage Unlike other attempts to recruit adult learners nationally, an "800" telephone number will be used to coordinate student recruitment, instructor assignments and site locations; encouraging more adults to participate, and to run the project more efficiently. Special inducements will be offered to encourage workers to commute to their job site at least one day a week. Staff will seek additional funds through in-kind fund raising to provide bicycles, helmets and other equipment for those who need assistance to participate in the project. Staff will use several evaluation methods throughout the project. Students questionnaires, law en- forcement statistics and field observations will be made to ascertain the project's effectiveness and to determine what areas need refinement. V. TIME REQUIRED This project requires a two year time period. The first phase includes ongoing teacher recruitment. Teacher training will begin during the Spring, 1997. Phase two includes in-kind funding, publicity, and adult learner recruitment. Phase three, the implementation phase will begin in May, 1997 and will conclude in October 1999. Staff plans to recruit adult students, conduct public awareness ac- tivities on the behalf of bicyclists, and continue to obtain in-kind funds throughout the life of the project. 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Please have the Council Minutes reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: \ C\ �Q C� ti Gam , o - DATE: ADDRESS: PHONE- I ORGANIZATION: AGENDA#/SUBJECT:�� I expect to address the Council on the subject agenda item. lease have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK FROM: ��� �� �j (4A ADDRESS: ORGANIZATION: DATE: Cir (Yy PHONE: ,AGENDA #/SUBJECT: _ _�(� LOv?-�,vf '17' q, '7 , expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. i l Signature E),]p VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: °�"/i(�� X,20z �� ����'�+ DATE: ;/6 1�� ADDRESS: S �`�%2.� �,o y sj PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject ag da 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 V -R' M'� c , T DATE: ��Cp ADI KESS: I I �70u J f�11 � PHONE: (JR, aANIZATION: AGE NDA #/SUBJECT: C) I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my narnE: and address as written above. / (� ignature TO FR, )M; AD )RESS: OR aANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AG =NDA #/SUBJECT: CITY CLERK DATE: PHONEOt'9--A'6/ a3�0 I exsect to address the Council on the subject agenda item. Please have the Council Minutes reflect my nary a and address as written above. Signature 2. 3. 0 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 15, 19974�11111� CLOSED SESSION: None CALL TO ORDER: Mayor Huff called the meeting to order at 6:37 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Colors were presented by and the Pledge of Allegiance led by Spanish Trails Girl Scout Troop No. 965. INVOCATION: Reverend Randy Lanthripe, Church in the Valley ROLL CALL: Council Members Harmony, Werner, Mayor Pro Tem Herrera and Mayor Huff. Council Member Ansari was excused. Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed April 13-19, 1997 as "National Library Week". 3.2 Proclaimed May 4-10, 1997 as "Hire a Veteran Week". PUBLIC COMMENTS: Mike Goldenberg asked for clarification of proposed uses for computer equipment requested in Consent Calendar Item 6.7. Red Calkins made a video presentation of the recently completed Sunset Crossing Rd. rehabilitation work. He asked the Council to visit the site to observe the poor work quality. Clyde Hennessey expressed concern about the lack of public participation at Council and Commission meetings and public workshops. He requested the AQMD information board be reinstated. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CITY ANNIVERSARY CELEBRATION - April 20, 1997 - Peterson Park - 12:00 noon to 5:00 p.m., 24142 E. Sylvan Glen Rd. 5.2 PLANNING COMMISSION - April 22, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 PARKS & RECREATION COMMISSION -April 24, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. APRIL 15, 1997 PAGE 2 5.4 TOWN HALL MEETING - Proposed Redevelopment Plan for the D.B. Economic Revitalization Area - (Saturday) May 3, 1997 - 9:00 a.m. to 12:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - May 6, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. CM/Belanger stated that Michael Huls, City Recycling Consultant, will conduct an oil recycling presentation at D.B. High School, 21400 Pathfinder Rd., on Wednesday, April 16. The first presentation will be at 12:25 p.m. and the second presentation will be at 2:25 p.m. On Sunday, May 4, 1997, at 2:00 p.m., the City and the DBIA will dedicate the "Last Refuge" sculpture at Summit Ridge. 8. OLD BUSINESS 8.2 TRAFFIC AND TRANSPORTATION COMMISSION VACANCY - M/Huff nominated Mr. Roland Morris. Motion by MPT/Herrera, seconded by C/Harmony to approve the appointment. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Harmony, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari Mr. Morris was sworn in by City Clerk Lynda Burgess Due to illness, M/Huff left the meeting at 7:15 p.m. MPT/Herrera assumed the gavel as Acting Mayor. 6. CONSENT CALENDAR: C/Harmony moved, C/Werner seconded to approve the Consent Calendar with the exception of Item Nos. 6.6 and 6.7. Motion carried by the following Roll Call vote.- AYES: ote: AYES: COUNCIL MEMBERS - Harmony, Werner, MPT/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari, M/Huff 6.1 APPROVED MINUTES: 6.1.1 Town Hall Meeting of March 22, 1997 as submitted. 6.1.2 Regular Meeting of April 1, 1997 as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular APRIL 15, 1997 PAGE 3 Meeting of March 11, 1997. 6.3 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES: 6.3.1 Regular Meeting of February 27, 1997. 6.2.2 Regular Meeting of March 5, 1997. 6.4 APPROVED VOUCHER REGISTER - dated April 15, 1997 in the amount of $306,645.57. 6.5 REJECTED CLAIMS FOR DAMAGES AND REFERRED THE MATTERS TO CARL WARREN & CO., THE CITY'S RISK MANAGER - 6.5.1 Filed by Lisa Gortner March 18, 1997. 6.5.2 Filed by Sylvia Bustamante, Abel Bustamante, Violet Pierce and Jay Pierce March 27, 1997. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 ADOPTED RESOLUTION NO. 97-25: A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY ACTING ON BEHALF OF LOS ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY FLOOD CONTROL, LOS ANGELES COUNTY FIRE PROTECTION DISTRICT, LOS ANGELES COUNTY FIRE - FFW AND THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF THE COUNTY OF LOS ANGELES, AND THE GOVERNING BODIES OF THE CITY OF DIAMOND BAR, GREATER LOS ANGELES VECTOR CONTROL DISTRICT, THREE VALLEYS MUNICIPAL WATER DISTRICT APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21. C/Werner moved, C/Harmony seconded to adopt Resolution No. 97-25. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Harmony, Werner, MPT/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari, M/Huff 6.7 AUTHORIZATION FOR PURCHASE OF COMPUTER EQUIPMENT - C/Werner moved, C/Harmony seconded to authorize purchase of computer equipment in the amount of $10,980. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Harmony, Werner, MPT/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari, M/Huff APRIL 15, 1997 PAGE 4 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 PARKS & RECREATION COMMISSION VACANCY APPOINTMENT - C/Werner requested that this matter be continued to the May 6, 1997 City Council meeting. 8.3 ADOPTED ORDINANCE NO. 01(1997): AN ORDINANCE OF THE CITY OF DIAMOND BAR AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND JONES INTERCABLE, INC. AND CONCURRENTLY AUTHORIZING THE ASSIGNMENT OR TRANSFER OF THAT FRANCHISE AGREEMENT BY JONES INTERCABLE, INC. TO CITIZENS CENTURY CABLE TELEVISION VENTURE - In response to C/Harmony, CM/Belanger explained that within 2 years, 7 hub sites will be installed. Within 6 years, the system is slated to be upgraded to a minimum power of 550 megahertz with a minimum 72 channel offering. Janet Spatz, General Manager, Jones Intercable, further explained that the L.A. County Franchise renewal is being reviewed by County Counsel and is scheduled for Board of Supervisor's review within the next 45 days. In response to C/Werner, Ms. Spatz stated that Jones Intercable anticipates that the Century Cable sales agreement will be finalized by early summer. The D.B. agreement is transferrable. The new agreement provides for a taping facility to be available to D.B. citizens. She indicated she expects the office to remain in its current location. The business location space is rented and the lease is transferable. Clyde Hennessey felt that the City should not renew this franchise. Ms. Spatz stated that the law prevents exclusive contracts between cable providers and cities. Any provider may apply to the City for a franchise agreement. The cable industry is regulated by the FCC. In response to CM/erner, Ms. Spatz stated that in the event that D.B. did not complete the franchise agreement, Jones Intercable would be unable to complete the sale to Century Cable. If the D.B. Franchise Agreement is not signed, Jones Intercable would no longer have authority to operate in the City, and there would be no cable television service because the cable installations belong to Jones Intercable. Another cable provider would have to reach an agreement with the City and complete installation of new underground cabling throughout the City. Rate increases are not affected by the franchise agreement. C/Werner moved, MPT/Herrera seconded to approve second reading by title only, waive full reading and adopt Ordinance No. 01(1997). With the APRIL 15, 1997 PAGE 5 following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Werner, MPT/Herrera NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - Ansari, M/Huff 8.4 1997-98 CITY COUNCIL GOALS AND OBJECTIVES AND 1996-97 RE - RANKED CITY COUNCIL GOALS AND OBJECTIVES - continued to May 6, 1997. 8.5 ADOPTED RESOLUTION NO. 97-26: A RESOLUTION OF THE DIAMOND BAR CITY COUNCIL CONSENTING TO AND CALLING A JOINT PUBLIC HEARING ON THE PROPOSED REDEVELOPMENT PLAN AND RELATED ENVIRONMENTAL IMPACT REPORT FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA - C/Werner moved, MPT/Herrera seconded to adopt Resolution No. 97-26. Motion carried by the following Roll Call vote AYES: COUNCIL MEMBERS - Werner, MPT/Herrera NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - Ansari, M/Huff 8.6 ADOPTED RESOLUTION NO. 97-27: A RESOLUTION OF THE DIAMOND BAR CITY COUNCIL MAKING CERTAIN FINDINGS WITH RESPECT TO LOW AND MODERATE INCOME HOUSING IN CONNECTION WITH THE REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA - Felice Acosta, RSG, explained the basis for redevelopment and tax increment financing and reiterated to CANerner that the basis of tax increment is that the property taxes paid by D.B. property owners and residents are returned to the City to be spent in the City. In response to MPT/Herrera, Ms. Acosta stated that the Council and Redevelopment Agency determine housing fund expenditures on an annual basis. C/Werner moved, MPT/Herrera seconded to adopt Resolution No. 97-27 making certain findings with respect to Low and Moderate Income Housing in connection with the redevelopment plan for the Diamond Bar Economic Revitalization Area. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Werner, MPT/Herrera NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - Ansari, M/Huff 9. NEW BUSINESS: None RECESS TO DIAMOND BAR REDEVELOPMENT AGENCY MEETING: 8:25 p.m. APRIL 15, 1997 PAGE 6 RECONVENE: MPT/Herrera reconvened the City Council Meeting at 9:18 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: MPT/Herrera thanked the Council Members for submitting their City Manager evaluation forms. She pointed out that the goals and objectives adopted by Council last year are part of this year's City Manager evaluation process. 11. COUNCIL COMMENTS: C/Harmony continued his redevelopment agency comments. He suggested adoption of an ordinance establishing voluntary spending limits for upcoming City Council campaigns. He further suggested an election campaign spending cap. MPT/Herrera asked citizens to participate in the April 20, 1997 8th Anniversary Celebration. 12. ANNOUNCEMENTS: None 13. ADJOURNMENT: There being no further business to conduct, MPT/Herrera adjourned the meeting at 9:26 p.m. LYNDA BURGESS, City Clerk ATTEST: Mayor -e"-, CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MARCH 13, 1997 CALL TO ORDER: Chair/Intik called the meeting to order at 7:10 p.m. at the South Coast Air Quality Management District Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by C/Virginkar. ROLL CALL: Commissioners: Chair/Istik, Vice Chair/Leonard, and Commissioners Virginkar and Nice Staff: Deputy Director of Public Works David Liu; Assistant Engineer Rose Manela, Administrative Assistant Tseday Aberra, Sergeant Rawlings, and Carol Dennis, Contract Secretary. Chair/Istik announced the resignation of C/Tamaya from the Traffic and Transportation Commission. He wished him well and said the Commission will miss his participation. I. APPROVAL OF MINUTES A. Minutes of January 9, 1997. VC/Leonard moved, Commissioner Nice seconded, to approve the minutes of January 9, 1997 as presented. The motion was approved 2-0-2 with C/Virginkar and Chair/Istik abstaining. B. Minutes of February 13, 1997. C/Virginkar moved, VC/Leonard seconded, to approve the minutes of February 13, 1997 as amended. The motion was approved 3-0-1 with C/Nice abstaining. II. COMMISSION COMMENTS - None III. PUBLIC COMMENTS - None MARCH 13, 1997 PAGE 2 T&T COMMISSION IV. CONSENT CALENDAR - None V. OLD BUSINESS: A. Traffic circulation at the driveways to Diamond Bar Post Office and Towne Centre Village on Diamond Bar Boulevard. DDPW/Liu presented the staff report. Staff recommends that the Traffic and Transportation Commission receive and discuss input from the businesses, property owners, and managers of the Diamond Bar Post office and the Towne Centre Village on Diamond Bar Boulevard. Ted Robinson, Towne Centre Village property owner, presented a map of the area including the Towne Centre Village and the Diamond Bar Post Office. He sold the westerly portion of the property to the Postal Service and maintains ownership of the property which is occupied by the Towne Centre Village. He stated that in his opinion, the current ingress/egress on Diamond Bar Boulevard is appropriate to allow vehicles to pass back and forth between the shopping center and the post office. In addition, he said he believes that if one entrance is closed and traffic is permitted to travel one way only from the shopping center through the post office property exiting onto Montefino Avenue a circulation problem will ensue. He indicated that he has owned the property since 1984 and has not had one complaint about the traffic circulation. Mr. Robinson responded to Chair/Istik that he would be available to discuss options with the City to improve the traffic circulation. However, he believes the center currently has the perfect circulation layout. Larry Todd, Supervisor, Diamond Bar Branch Post Office, responded to VC/Leonard said that he has not observed a problem with the current location of the mail drop boxes. The post office receives complaints about the lack of available parking spaces during the Christmas season. MARCH 13, 1997 PAGE 3 TAT COMMISSION Responding to C/Nice, Mr. Todd said that when the original parking configuration was changed to accommodate employee parking and large rigs dropping off mail at the rear of the building, public parking spaces were eliminated. There is not sufficient room for vehicular movement if the mail drop boxes are relocated to the Montefino Avenue side of the building. C/Nice questioned why there is a perception that a problem exists in this area. Shelley Baxter, owner, Frameworks, suggested a right turn only at the shared ingress/egress on Diamond Bar Boulevard. VC/Leonard suggested the Commissioners visit the Walnut Post Office facility to review the site improvements. DDPW/Liu suggested the Commission conduct a public meeting with respect to consideration of restriction implementations such as right -turn - only and invite public participation. He referred the Commission to the Country Hills Towne Center right -turn -only restriction on Fountain Springs Road which was overturned by the City Council due to public input. VC/Leonard suggested further consideration of a right -turn -only installation at the shared ingress/egress. She said she is concerned that the City may be creating an issue of traffic circulation where no issue exists. DDPW/Liu responded to C/Nice that the City received no additional citizen input on this item. Chair/Istik indicated he has observed vehicles lining up waiting to make a left turn out of the shared driveway onto Diamond Bar Boulevard and he believes the situation will tend to cause additional circulation problems in the future. MARCH 13, 1997 PAGE 4 T&T COMMISSION C/Virginkar said that in his opinion there are two viable options: 1) move the mail drop boxes to a different location and 2) install a right -turn - only sign at the shared ingress/egress on Diamond Bar Boulevard. He indicated that since the post office was built the area has grown so that it now must service a much larger community. He concurred with Chair/Istik that the situation will only get worse. Chair/Istik said he would not like to see the post office install any additional "awful" speed bumps to mitigate a perceived speeding problem. He doubts that vehicles can speed in the parking lot. The Commissioners concurred with Chair/Istik. Chair/Istik stated that circulation flow can be improved by allowing one way traffic. He further stated that diagonal parking increases parking spaces. C/Nice concurred with VC/Leonard that he believes the best solution offered is the right -turn -only suggestion. He said he would like staff to study the issue and offer the Commission its recommendations. Mr. Robinson said that diagonal parking creates less parking. Chair/Istik said he believes the only advantage would be to create diagonal parking where landscaping currently exists. VC/Leonard indicated she believes the post office's front property setback is too shallow to allow for a row of diagonal parking. VC/Leonard compared this situation to the traffic circulation problem at the Pic -N -Save location. C/Nice commented that a right -turn -only at the shared ingress/egress would make a left turn into the center from Diamond Bar Boulevard much easier. MARCH 13, 1997 PAGE 5 T&T COMMISSION VI. Chair/Istik stated another option would be to review the situation following installation of the traffic signal at Montefino Avenue and Diamond Bar Boulevard. Chair/Istik made a motion, seconded by VC/Leonard, to direct staff to provide the Traffic and Transportation with a current sketch of the property, an amended sketch reflecting the proposed traffic signal installation and its projected effect on the traffic flow, prepare a staff report with recommendations for traffic circulation mitigation, and schedule a public meeting for the April 10, 1997 Traffic and Transportation Commission meeting and invite property owners and citizens to participate. Sgt. Rawlings stated that a right -turn -only installation will be a frequently violated regulation. The motion was carried 4-0. NEW BUSINESS: A. Reorganization of the Traffic and Transportation Commission. Staff recommends that the Traffic and Transportation Commission select a Chair and Vice Chair to serve the Commission for a term of one (1) year until March, 1998. Chair/Istik said he has enjoyed serving as Chairperson for the past year. He thanked his fellow Commissioners and staff for their assistance and support. Commissioner Istik nominated Commissioner Leonard to serve as Chair of the Traffic and Transportation Commission. Commissioner Virginkar seconded the nomination. MARCH 13, 1997 PAGE 6 T&T COMMISSION There were no further nominations. Commissioner Leonard accepted the gavel. Chair/Leonard opened nominations for Vice Chair. Chair/Leonard nominated Commissioner Virginkar to serve as Vice Chair. Commissioner Nice seconded the nomination. There were no further nominations. VC/Virginkar accepted the nomination to serve as Vice Chair. VII. STATUS OF PREVIOUS ACTION ITEMS: DDPW/Liu acknowledged the following multi -way stop sign installations recommended by the Traffic and Transportation Commission and approved by the City Council: Mountain Laurel Way at Maple Hill Road, Country View Drive at Deer Crossing Road, and Fern Hollow Drive at Los Cerros Drive. DDPW/Liu reported that consultant Joe Foust has scheduled a kick-off meeting with the school districts to discuss traffic circulation at all school sites. The City intends to complete the study prior to the end of this year's school session. DDPW/Liu responded to C/Nice that the Brea Canyon Road Parkway Improvements is progressing with requests for fee proposals. The City Council approved $50,000 for the improvements design. The City has identified additional funding sources for the construction. C/Nice stated he favors going forward with the project as soon as possible because it will be a great improvement for the City. VIII. ITEMS FROM COMMISSIONERS: C/Istik asked that the Sunset Crossing Road cul-de-sac issue be discussed under Information Items at the April Commission meeting. MARCH 13, 1997 PAGE 7 T&T COMMISSION DDPW/Liu stated the cul-de-sac construction began on March 9, 1997 and is scheduled to be completed by Friday, March 21, 1997. C/Istik stated he believes that the City of Industry can join the asphalt if it is left intact at the boundary line. He indicated he is concerned that cul- de-sacing will not sufficiently address the issue of the dedicated public roadway. DDPW/Liu responded to C/Nice that he will post a response to Debbie O'Connor's traffic signal timing inquiry through City On -Line tomorrow. Responding to Chair/Leonard, DDPW/Liu indicated the traffic signal on Diamond Bar Boulevard at Pathfinder Road was converted from a protected/permissive left turn phase to a protected left turn phase. IX. ITEMS FROM STAFF: A. Monthly Traffic Enforcement Update: February, 1997. Sgt. Rawlings presented the February Traffic Enforcement Update. The February Enforcement Index was 41.9. B. Future Agenda Items: Included in Commissioner's packets. DDPW/Liu responded to VC/Virginkar that the Booster Club's recommendations for a Diamond Ranch High School secondary access roadway are being reviewed by the City. X. INFORMATIONAL ITEMS: Chair/Leonard asked that interested Commissioner's contact AA/Aberra if they wish to participate in the annual Contract Cities Workshop. MARCH 13, 1997 PAGE 8 T&T COMMISSION XI. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, C/Nice moved, VC/Virginkar seconded, to adjourn the meeting. The motion carried 4-0. Chair/Leonard adjourned the meeting at 8:40 to April 10, 1997. Respectfully, /s/ David G. Liu David G. Liu Secretary Attest: / s / Joyce Leonard Joyce Leonard Chair MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 25, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:07 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by C/Goldenberg. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Schad, and Commissioners, Fong, Goldenberg, and McManus. Also Present: Community Development Director James DeStefano, Senior Planner Catherine Johnson, and Assistant Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of March 11, 1997. VC/Schad made a motion, seconded by C/Fong, to approve the minutes of February 25, 1997 as presented. Without objection, the motion was approved 5-0. OLD BUSINESS - None CONTINUED PUBLIC HEARING: 1. Conditional Use Permit 96-10 and Development Review 96-9 (pursuant to Code Section 22.20.100) is a request for unmanned, wireless telecommunications transmission facility for two providers consisting of antennas to be located on a proposed 1,152 square foot barn with equipment cabinets located within and adjacent to, the barn. This proposal includes an amendment to Tract Map 42584, removing an easement from said Map restricting vehicle ingress and egress to Armitos Place. Continued from February 25, 1997. Project Address: 24401 Darrin Drive (northwest corner Darrin Drive and Armitos Place) Applicants: Cox California PCS, Inc., 18200 Von Karman Avenue, Suite 100, Irvine, CA 92612, and Pacific Bell Mobile Services, 5959 W. Century Boulevard, Los Angeles, CA 90015 MARCH 25, 1997 PAGE 2 PLANNING COMMISSION Property Owners: Eric and Robin Stone, 24401 Darrin Drive, Diamond Bar, CA 91765 CDD/DeStefano presented the staff report. He indicated the applicant has requested this item be continued to April 22, 1997. Staff recommends that the Planning Commission continue Conditional Use Permit No. 96-10 and Development Review No. 96-9 to April 22, 1997, and renotice the public hearing. Marie Nguyen, 367 Armitos Place, stated she has acquired 125 signatures from area residents who oppose this project as presented. She indicated the signators stated that in several instances, they did not receive the public hearing notice. She asked that the April 22, 1997 public hearing be renoticed. CDD/DeStefano responded to Chair/Ruzicka that public hearing notices were mailed to all property owners within 500 feet of the applicant's property at 24401 Darrin Drive. In addition, because the property owner is requesting a modification to the original tract map, notices went to all residents within the boundary of the subdivision. Approximately 300 residents were sent notices. C/Goldenberg asked Mrs. Nguyen what, in her opinion, is the major objection of the neighboring residents to this project. Mrs. Nguyen responded to C/Goldenberg that the project property is zoned residential and there is concerned that it is being rezoned. The residents are concerned about the increased traffic, potential safety concerns for children, and a reduction of property values. Armando Gonzales, 24380 Vista Buena Drive, said he received notice of the February 25, 1997 public hearing. However, he did not receive a notice with respect to tonight's meeting. He concurred that it would be more appropriate to discuss this item when the revised plans are available for review. He indicated he is concerned about the proposed project's visual impact on the surrounding properties, how the property values will be effected, and whether the health of people living in the area will be adversely effected. He said he is not opposed to the project. He believes the towers should be located in another area. CDD/DeStefano responded to C/Goldenberg that if the Planning Commission approved a six foot high antenna structure and the applicant wished to exceed the six foot MARCH 25, 1997 PAGE 3 PLANNING COMMISSION limit, they would have to reapply for the change and proceed through the public hearing process for approval. C/Goldenberg stated the fire station has been located next to the proposed project location for approximately 10 years and carries a wider range band limit than is proposed for the cellular site. With respect to the resident's safety concerns, several cell sites are located at the Diamond Bar High School. He agreed that the City should be concerned about real and not perceived safety issues with respect to EMF's. He stressed the need for the Planning Commission to make an informed decision based upon the facts of the situation. C/McManus moved, C/Goldenberg seconded, to continue Conditional Use Permit No. 96-10 and Development Review No. 96-9 to April 22, 1997 and direct staff to renotice the public hearing. The motion was approved 5-0. NEW BUSINESS: 1. Transmittal of the Draft Redevelopment Plan, Preliminary Report, and Draft Environmental Impact Report for the Diamond Bar Economic Revitalization Area. CDD/DeStefano presented the staff report. Staff recommends that the Planning Commission receive and file the report. CDD/DeStefano responded to VC/Schad that staff would welcome a list of questions in advance of the April 8, 1997 Planning Commission meeting in order for the environmental and redevelopment consultants and staff to prepare responses. CDD/DeStefano explained to C/Goldenberg that the redevelopment plan covers a term of 45 years. The list consists of projects that could be completed within the lifetime of the redevelopment project area. As an example, he cited the current Diamond Bar Boulevard Rehabilitation Project which will again be reconstructed during the lifetime of the redevelopment project area. Including such projects at this time will negate the necessity of future plan modifications. The project list is currently being reviewed by staff for possible modification. PLANNING COMMISSION ITEMS: C/Fong commented that the information shared at the Planner's Institute Seminar was valuable. He stated the Commissioner's were able to spend quality time together which allowed them to become better acquainted. MARCH 25, 1997 PAGE 4 PLANNING COMMISSION C/Goldenberg echoed C/Fong's comments. He related his and VC/Schad's experience of meeting a family who had peddled a boat from Europe to Florida. The boat now carries the City of Diamond Bar name on its hull and will leave Peru to travel to New Zealand or Australia. C/McManus said the Planner's Institute was a culturally enriching experience for him. VC/Schad commented that the boat he and C/Goldenberg viewed utilized solar cells which rendered it totally self-sufficient. Chair/Ruzicka said that he enjoyed the conference and hoped that staff would be able to take advantage of the next seminar. He asked for a report on the Planning Commission's major projects and priorities for 1997. INFORMATIONAL ITEMS: CDD/DeStefano stated staff will prepare a goals and priorities matrix for the scheduled projects for this calendar year and provide the latest version of the City Council's Goals and Objectives to the Commission. Chair/Ruzicka thanked staff for the residential care facility memorandum provided to the Planning Commission and concerned citizens. C/Fong recommended the Planning Commission proactively consider a Diamond Ranch High School secondary access road. CDD/DeStefano stated the City Council has included consideration of a secondary access road in its list of Goals and Objectives for this fiscal year. CDD/DeStefano responded to C/Schad that the comments received from approximately 40 residents during the Town Hall meeting on Saturday, March 22, 1997, will be considered in the Development Code analysis. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. MARCH 25, 1997 PAGE 5 PLANNING COMMISSION ADJOURNMENT: There being no further Commission, C/Goldenberg meeting. Chair/Ruzicka 1997. Attest: /s/ Joe Ruzicka Joe Ruzicka Chairman business to come before the Planning moved, C/McManus seconded, to adjourn the adjourned the meeting at 7:57 to April 8, Respectfully Submitted, /s/ James DeStefano James DeStefano Community Development Director CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION BOARD HEARING ROOM OF S.C.A.Q.M.D. 21865 Copley Drive MARCH 27, 1997 CALL TO ORDER: Chairman Tye called the meeting to order at 7:10 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance C/Medina. ROLL CALL: Present: Chairman Tye, Vice -Chairperson Finnerty, Commissioners, Medina and O'Connor Staff: Community Services Director Bob Rose, Community Services Supervisor Wendy Bowman MATTERS FROM THE AUDIENCE - None CALENDAR OF EVENTS: CSD/Rose presented the Calendar of Events. He added the April 20, 1997 City 8th Anniversary Celebration from 12:00 noon to 5:00 p.m. at Peterson Park. 1. REORGANIZATION OF PARKS & RECREATION COMMISSION: A. Election of Chairman Chair/Tye declared the nominations open for Chairman of the Parks & Recreation Commission. Commissioner Medina nominated Commissioner O'Connor. The motion died for lack of a second. Commissioner Tye nominated Commissioner Finnerty. Commissioner O'Connor seconded the nomination. The nomination was approved 4-0. March 27, 1997 Page 2 Parks & Recreation Commission B. Election of Vice Chairman Chair/Finnerty declared the nominations open for Vice Chairman. Chair/Finnerty nominated Commissioner O'Connor. Commissioner Tye seconded the nomination. The nomination was approved 4-0. 2. CONSENT CALENDAR: 2.1 Approval of Minutes of February 27, 1997, Regular Meeting. 2.2 Approval of Minutes of March 5, 1997 Regular Meeting. 2.3 Transmittal of information regarding the California Contract Cities Association Commissioner's Workshop - Saturday, April 5, 1997 in Cerritos. VC/O'Connor moved, C/Tye seconded, to approve Consent Calendar Items 2.1 through 2.3. The motion was approved 4-0 with C/Medina abstaining on approval of the March 5, 1997 Regular Meeting minutes. Four commissioners reported they will not attend the California Contract Cities Association Commissioner's April 5 Workshop. 3. INFORMATIONAL ITEMS: A. Recreation Update. CSS/Bowman presented the Recreation Update. CSS/Bowman responded to C/O'Connor that the Lorbeer Middle School gymnasium has not been available to the City for basketball play. The City has submitted a request for its future use. Chair/Finnerty stated that statistics indicate an indoor basketball program is more successful than an outdoor program. In response to Chair/Finnerty, CSS/Bowman indicated she expects basketball participation numbers to grow next year when the Saturday indoor program can be announced in advance. CSS/Bowman responded to C/Tye that letters are sent on behalf of Brea and Diamond Bar because the City contracts with Brea. March 27, 1997 Page 3 Parks & Recreation Commission C/Medina suggested the City conduct a tennis tournament CSS/Bowman indicated the City has been discussing the possibility of forming an open league and conducting a tennis tournament with one of its instructors and with "Tennis Anyone". C/Medina volunteered to assist the City with preparations for a city-wide tennis tournament. CSS/Bowman responded to Chair/Finnerty that the largest number of tennis courts in any one location within the City is eight at the Diamond Bar High School. C/Medina said a tennis tournament could be conducted at several locations within the city during two or three weekends. C/Medina suggested ballroom dancing for youth. 4. OLD BUSINESS A. 8th Anniversary Celebration. CSD/Rose reminded the Commission that the 8th Anniversary Celebration will be held on Sunday, April 20, 1997 from 12:00 noon to 5:00 p.m. He indicated a marketing flyer will be posted, news releases are scheduled for The Windmill, vertical banners along with 10 bus stop shelter ads to advertise the event. Banners will be placed at the City's entry monuments and at major intersections. He spoke about the scheduled entertainment, carnival rides, games and other events. The event is in line with anticipated budget. He outlined event parking. The next subcommittee meeting is scheduled on Friday, April 4, 1997 at City Hall. CSD/Rose responded to C/Medina that the City plans to ask the Miss Diamond Bar Beauty Pageant to assist with a raffle. Dial -A -Cab has offered to fund a major raffle prize. VC/O'Connor stated the Girl Scouts are not allowed to donate or fund raise for other organizations. She reported on the school's participation. She indicated she is seeking an organization to man the Historical Society's popcorn machine. She suggested the "Friends of the Library" conduct a March 27, 1997 Page 4 Parks & Recreation Commission book fair. Chair/Finnerty suggested a sign advertising Bingo be placed at the park entry and that a large shuttle sign be placed at K -Mart. CSD/Rose stated the event is being enhanced in anticipation of a large 10th Anniversary Celebration. 5. NEW BUSINESS: A. 1997 Summer Concerts in the Park series. CSD/Rose presented a tentative schedule of dates for Summer Concerts in the Park series beginning June 25, 1997. Concerts are planned to be conducted at Sycamore Canyon Park on Wednesday evenings from 6:30 p.m. until 8:00 p.m. C/Medina suggested a Salsa group be considered for the July 16 performance. CSD/Rose responded to Chair/Finnerty that the City will provide tapes of anticipated musical groups for the Commission's review. He indicated a plan to post 24 vertical banners and advertisements at bus stops throughout the City to advertise the series. The Commission concurred with staffs proposed listing with the exception of the July 16 performance. The Commission asked staff to consider C/Medina's request for consideration of a salsa group for that date. ANNOUNCEMENTS: C/Medina thanked C/Tye for his service as Chairman of the Commission. C/Tye thanked CSD/Rose for referring the Commissioners to the Sacramento seminar. CSD/Rose responded to C/Tye that he has not spoken with the City Manager with respect to planting a tree and/or placing a park bench at Heritage Park in honor of former Parks & Recreation Commissioner Oscar Law. C/Tye asked staff to consider placing both a park bench and tree at Heritage Park in Mr. March 27, 1997 Page 5 Parks & Recreation Commission Law's honor. CSD/Rose responded to C/Tye that the City Council plans to present a City Tile to Mrs. Law when she returns to Diamond Bar from Texas. C/Tye expressed his disappointment with the small citizen turnout at the recent Parks Master Plan Town Hall Meeting. VC/O'Connor said she appreciated the opportunity to attend the Sacramento seminar. She indicated she is interested in pursuing the establishment of a foundation committee or commission. CSD/Rose stated the Parks Master Plan consultant is recommending that the City establish a foundation. VC/O'Connor expressed concerns about the City's ability to acquire monies for park land purchases and funding for additional City park facilities. Chair/Finnerty indicated she knows an individual who is willing to assist the City in establishing a foundation. C/Tye expressed his concerns about the potentially misleading Parks Master Plan facilities inventory. Chair/Finnerty stated the Sacramento seminar presented useful information with respect to forming a foundation and providing a community center for Diamond Bar. She recommended attendance at the conference for any new Parks & Recreation Commissioner. CSD/Rose congratulated Chair/Finnerty and VC/O'Connor on their election as Chairman and Vice Chairman, respectively, for the Commission. He thanked C/Tye for his leadership as Chairman of the Commission for the past year. CSD/Rose stated that next year's Parks and Recreation Conference will be held in Long Beach. ADJOURNMENT: C/Tye moved, VC/O'Connor seconded, to adjourn the meeting. There being no objections, Chair/Finnerty adjourned the meeting at 8:55 p.m. March 27, 1997 Page 6 Parks & Recreation Commission Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Annette Finnerty Annette Finnerty Chairman CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem Herrera and Councilmember Ansari FROM: Linda G. MagnusonpAAccounting Manager SUBJECT: Voucher Register, May 6, 1997 DATE: May 1, 1997 Attached is the Voucher Register dated May 6, 1997. 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 Calendar. 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 May 6, 1997 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION AMOUNT 001 General Fund $638,708.69 010 Library Services Fund 56.02 112 Prop A Fund -Transit 29,762.41 115 Integrated Waste Mgt Fund 3,140.05 118 Air Quality Improvement Fund 329.60 125 CDBG Fund 6,083.54 126 COPS Fund 16,562.70 138 LLAD #38 Fund 4,680.62 139 LLAD #39 Fund 12,913.39 141 LLAD #41 Fund 4,995.23 250 C.I.P. Fd 6,635.84 TOTAL ALL FUNDS $723,868.09 APPROVED BY: 4"14- � *�� 4VV,4, Linda G. Mag uson Carol A. Herrera Accounting Manager .Mayor Pro Tem Eileen R. Ansar Councilmember A :t 4 n# -? �r R `4aME Yee ID. � "4UNT ROJ.TX-NO BAiffJi' ►LIEAC EN' _ur _ :� _-_- _N y^_ T _1313 he- als 1313 • '�'� 113_1+.= AT&T A-iRental AT&T 1':5)6A AT&T Wireless Services AT"YTWire *001-2x00-2010 1 70506A Accurate Landscape *139-4539-2210 *139-4539-55M *001-4311-5300 *001-4313-52*0 *001-4316-5300 *001-4319-5300 001-4322-5300 4001-43'5-5300 5 x)1 -432S'-5:300 K,01 -4331-53W Accurate Landscape #139-453'7-2210 Q01-4:::10- 40i'1-4313-5300 _�01-4:.16-5300 #0;;1-4319-5:300 >i*11014322-`:300 *t;<)1-4325-5300 401 -4:328-5;t(X -4331-5300 -01-4c' 1-5300 Accurate 2 70506A 01/464 2 70506A 01/4623 2 70506A 01/4625 2 70506A 02/4625 2 70506A 03/4625 70506A 04/4625 70506A 05/4625 71 70506A /06/4625 7;?506A 07/4625 70506A ' /4625 4 71)506A 1 /5054 Accurate 4 70506A 01/4624 04 "3f) ') /06 4 70506A 06/4625 4 71)5UA 107/4625 6 70506A 0$/4625 04/30 05/06 04/30 05/06 47201 04/30 05/06 47483 04/30 05/06 47514 04/30 05/06 47514 04/30 05/06 47514 04/30 -05/06 47514 '?4!30 `s5/,)6 47514 04/?* 051106 47514 04/30 05/06 471;:4 04/30 105/06 47514 04/30 05/76 47514 04/30 05/06 47714 04/30 05/06 47'707 05/06 47934 05/06 47964 "/30 05/06 47964 0 05/06 47964 05/06 C/30 47964 05/06 47964 04/30 05/06 479L4 04/30 05/06 47964 04/=30 05/v6 47364 :30 05/06 47'?E.4 7YAL PREPAID AMOUNT ----) 707aL DUE VENDOR -------- AT & T ------- Lorg `�ist.nce Phre Svcs TOTAL DUE VENDOR -------- Refurd Balnce-FPL 97-004 TOTAL DUE VENDOR --------) Add'1 Maint-Dist #39 Maint-Dist #39 -March Maint-Paul Grow Park -Mar !faint -Heritage Prk-Mar Maint-Maple Hill -Mar Maint-Peterson Prk-Mar Maint-Ron Reagan -Mar "faint-Starshine Prk-Mar Maint-Summitridge-Mar maint-Sycamore Cyn -Mar Add 1 Mait-SycCynPrk 7urAL DUE VENDOR --------) 1 Ioaint-dist #39 _en :ark Supplies Maint-Dist #39 -April Maint-Paul Grow Park=Apr maint-Heritage Prk-Apr !faint -".apse Hill -Apr "faint -Peterson Prk-Apr !"saint -Ron Reagan -Apr Maint-StarsPine Prk-Apr 'faint--'ummitridge-Apr 48int-Sycamore Cyn -Apr Add'1 "flint-SycCynPrk 25 00 ,til, 45 40.45 1,643.75 1,643.75 52.85 6,090.00 1,100.00 750.00 900.00 I, -.W.00 1, 000.0+) 500.00 i 500.0!) 1,600.00 193.50 14 896.35 101.60 230.00 6,090.00 1,100.00 750.00 900.00 1,200.00 I,000.00 500.00 1,500.00 1,600.00 i'"1:13.50 TOTAL DUE VENDOR --------) 15,165.10 7IMBO8�69J5/"�/?7 xEnLOR :4AME VENWQR 0. I-CCCINT -�GU.TX ML0EX. AMCUNT ____—__—__—_ ______-------__—__—__---___—__----_______---_—_' AU City Management All City m01-4411-553 2 70506A 01/4878 04/30 05/06 2115 CrssgGrgSvcs-3/16-29 1,732.64 A';quiros, Marilu Alquirosn *001-2,300-1002 1 70506A American Label Co Aoericam' *115-45!5-42352 90197 2 70566A 01Y:555-3 Austin Faust Assoc inc. Aust:nFaus 4V1'4553-5222 2 7V506A 01/415 3allonns Ga�re �d�Gal-�re *061-4095-23.53 15 705066 011556-44 3engali, �mun 23�O a001'3478 11 70506E Boomerang Blueprints @mmerang8 *250-43104415 06597 2 70506A 01/%W 9,andman Assoc.' m001'2300-01 ,101 -2200-1011 'LIOO-01O ?r9a. City of #�'01'4350-5300 1 705O6A BreaCity 11 70506A 011/47-88 TOTAL DUE VENDOR '----> 1,732.64 .4/�05/06 3460 Secrty Depst Refund 230.00 TOTAL DUE VENDOR '----'-} �!00.80 04/30 05/06 359062 :.ahels-UsedOi%Promo 158.05 DUE VENDOR ^-----'> 158.05 04/30 105/06 9425 TrfcStdy-#VSchlOist 672,50 ` 7OTN- OLE VENDOR '-'--'-> 672'% , 04/30 05/06 AnnvCeleb-Decorations _ 500,00 05/06/97 000VV34378 TOTAL PSEPAlD AMOUNT '''-> � 0,C* TOTAL DUE VENDOR -''---'> - 0,00 04/30 05/06 21058 Recreation Refund 40.00 TOTAL :LIE VENDOR --'--'''> 40.00 04/30 05/06 148412 PntraPrkPlans-Copies 30.85 TOTAL DUE VENDOR ----''-> 3V.85 05/06 0397'2730 Prof Svcs -FPL 93-10 1.-206.10 05/06 03972727 Prof Svcs'FER 96'01 7,251.45 05/06 03972729 Prof Svcs -FPL 94-025 3.611.57 04/30 05/06 V3972731 Prof S,cs'FER 93'03 Y55.87 TOTpL DUE VENDOR -----> 13.024.99 04/30 05/06 58677 March Contract Seryices 31.749.58 TOTAL M VENDOR ----'> 31.749.58 "uFU.............:5/06/97 .'ENDGR 'SAME* * PREPAID ACCOUNT PROJ.TX-N11 /W. ENTRY./DUE �: _E _'E ^,I .:^N AMCUNI I D,a,TE ---------------------- ---4!'.:-------------------------------------------------------- ------------------------------------ �k �r A. Stirrat & Assc 9ryanStirr -4`i1-5:'_ 6 ~':'S FiF i)i5411 A'_Ij is/i':F, a':?:. r $'.4i1 Man Check Svcs -March 01 -4510 -522? -')506F 01/4001 _4Jv0 ')5106 ;:902 tngrinspctn-CirCreek-Mar 1.21 1-4551-52'23 S 70505F 01/5530 4;'? 05i 8 40, P1ar"heckSvcs-March 111 .50 01-4510-5227 4 70506E _01/5267 ,4,,' ' )5i06 53914 Engr lnspectn Svcs -Mar 210.36 TOTAL DUE VENDOR --------> 511.47 .AAP *0(;1-4010-2315 SCALED 4001-4096-2315 GAAP '05060 CALED 1 70506A California Contract *001-4411-5401 2 705060 _d;^oI L2i1n15 *C'01-4040-4000 $001-4210-4000 *001-4350-4300 Chang, Jessica §0)1--3478 Charles Abbott & *001-2300-1010 *001-23W-1012 *001-2300-1012 4001-4510-4520 'arolDenni 2 705068 01/4671 2 '05068 0'x/4671 2 70506B 03/4671 2304 04/10 +;)5/06 04/311 (t/06 04/30 05/06 04/30 05/06 DBCC9705 04/30 05%06 PC9705 04/30 05/06 PRR9705 2 70506A 01/4541A 05/06 21068 05/06 54 05/06 54 05/06 54 04/30 05/06 54 .harles Abbott & Asc Inc CharlesAbb +001-2300-1012 4 70506A 04/30 05/06 *':,01-2300-1012 5 70506A :;4/30 05/06 59 *i}01-4510-4520 4 70506A 0114541A 04/30 05/06 59 AnnualEvent-4/19-Werner TOTAL PREPAID AMOUNT ----) TOTAL DUE VENDOR --------) Annual Due Renewal TDTAL DUE VENDOR --------> Smnr-5/15-18-CaptMartinez TOTAL PREPAID AMOUNT ----) TOTAL DUE VENDOR --------) 4ntSecrtry-CityCncl4/l Mntevectry-Ping-4/8 MntSecrtry-Prk&Rec-3/27 TOTAL DUE VENDOR ----- Recreation Refund TIAL DUE VENDOR -------- Prof Svcs -FPL 96-003 Prof Svcs -EN 96-140 Prof Svcs -EN 96-153 Sept -Engineering Svcs TOTAL DUE VENDOR --------) Prof Svcs -EN 96-151 Prof 4.vcs-EN 96-140 jan-Engineering Svcs -37AL 2UE VENDOR -------- 50.00 05/06/97 OWD 34376 50.00 0.09 535.011 350.00 05/06/97 0000034390 350.00 0.00 180.00 200.00 200.00 530.00 30.00 30.00 280.00 145.00 1,015.00 8,680.00 10,120.00 797.50 i ,130.00 5,650.00 7,637.50 `.arlies Sandwich 'Shop "harlies 4C,`1-4096-2325 1 70506A 07/4590 *(';01-40'.0-2325 1 70506A }7t/4590 4v01 -4210-'M25 1 70506A 08/4590 hiem. Wendy � 0014 - 347 tas Dcrp. #640 001-4310-1200 *001-4310-2130 *001-4310-2130 *001-4:310-2130 *001-4310-2130 14 70506E rntas 3 70506A 8 70506A 01/4630 2 70506A 01/46,30 4 70506A 01/4630 6 70506A 01/4630 Clowning Around C1ownkm *001-4095-2353 17 705W 01/5622 =cffee Smith v�J'� 1-409`;-LJf.S -::=01-41,90-2325 04/30 05/06 ,4/30 "5r106 10047 04/.30 05/06 10051 f;4i.3 lJ!:iG -.1 04/30-05/06 640027017 04/30 05/06 640550748 04/30 05/06 6405539'P- 04/30 0.5/06 640556259 04/30 05/06 640558489 04/30 05/06 61 Econ Dvlp Mtg Suppls-4/16 °"tg ':applies -4/18 Dev Cade Mtg-4/24 70TA.L DUE VENDOR --------) Recreation Refund TOTAL DUE VENDOR -------- Jacket for Unifrm-Hosler Unifrms-PrkStaff-w/of4/21 Uni;rmsPrkStaff-w/of3/31 UnifrmsPrkStaff-w/of4/7 Unifrms-PrkStaff-w/of4/14 TOTAL DUE VENDOR --------) Pro icRide-AnnvCeleb TOTAL PREPAID AMOUNT ----) TDTtL ^UF VENDOR --------) 05/06 3477 me? -:ng Supplies 05/06 4511 April -Equip Rental 'CTRL :}UE VENDOR -------- 29.55 `9.32 28.57 117.44 PR"TX-ND Mix Eti1) y 35.00 nl Lv1' �N :ares ?tcott & Asc Inc CharlesADb n4 n �1- `10-•_5 6 5o bA O1j4539 ;:4,':f? ' SiOb )4'Y211 Mar: i g/SignMaint-March ,_: _.,9 4:�6^ .'� 1-4510-5c 4 -rfcth� .cc }7 ., i� :L � _.�;1 :1 $ M.. lC:. h3: t-MarcE C !' !' c1 c n '0'01-4•!tV-SJSL 7 ,c- c ;V•JU6A �J1J4J49 ,i4/� � •c VJ�'°16 C+4�L10 Jtor!rfi:Paln.nspeCtn-l�ar�h -4510-55,22 2' A, 01,14r4` . -4/3? 4a: _ 1 u T+.�r._afWavM3int-March TOTAL DUE vENDOR--------) 22,579.27 `.arlies Sandwich 'Shop "harlies 4C,`1-4096-2325 1 70506A 07/4590 *(';01-40'.0-2325 1 70506A }7t/4590 4v01 -4210-'M25 1 70506A 08/4590 hiem. Wendy � 0014 - 347 tas Dcrp. #640 001-4310-1200 *001-4310-2130 *001-4310-2130 *001-4:310-2130 *001-4310-2130 14 70506E rntas 3 70506A 8 70506A 01/4630 2 70506A 01/46,30 4 70506A 01/4630 6 70506A 01/4630 Clowning Around C1ownkm *001-4095-2353 17 705W 01/5622 =cffee Smith v�J'� 1-409`;-LJf.S -::=01-41,90-2325 04/30 05/06 ,4/30 "5r106 10047 04/.30 05/06 10051 f;4i.3 lJ!:iG -.1 04/30-05/06 640027017 04/30 05/06 640550748 04/30 05/06 6405539'P- 04/30 0.5/06 640556259 04/30 05/06 640558489 04/30 05/06 61 Econ Dvlp Mtg Suppls-4/16 °"tg ':applies -4/18 Dev Cade Mtg-4/24 70TA.L DUE VENDOR --------) Recreation Refund TOTAL DUE VENDOR -------- Jacket for Unifrm-Hosler Unifrms-PrkStaff-w/of4/21 Uni;rmsPrkStaff-w/of3/31 UnifrmsPrkStaff-w/of4/7 Unifrms-PrkStaff-w/of4/14 TOTAL DUE VENDOR --------) Pro icRide-AnnvCeleb TOTAL PREPAID AMOUNT ----) TDTtL ^UF VENDOR --------) 05/06 3477 me? -:ng Supplies 05/06 4511 April -Equip Rental 'CTRL :}UE VENDOR -------- 29.55 `9.32 28.57 117.44 fF y 35.00 35.00 37.72 17.35 17.85 17.85 17.85 109.12 550.00 05/06/97 0000034380 550.00 0.00 37.90 19.00 56.90 immunity ,Disposal Co. ComDisposl *001-4510-5501 2 70506A 01/4958 04/30 05/06 5t,eetSweep5vcs-Feb/Mar 10,677.78 iY AL DUE VENDOR --------) 10,677.78 C �EuDOR NAME ID. 96-53 05/06 =-of Svcs -FPL 97-09 05/06 ACCOUNT P'ROJ. T% -NO ENTn:` . ;:1_ _E 97-05 A! CUTA T D A T _.. Prof Svcs -FPL 96-056 7"T AL DUE VENDOR -------- +nity irdustries C Indust 4!` -45`" `! 3 Ja-5J !•] � ^° 0 ' t"0 7ti•J�:6A O1/4VG•J 0'41`3-1) . ')5/06 Marcy -Litter Abatement 83'x.44 !)1-4553-55u3 4 7`1�;:.6A 1;'4x, 0 04%30 0`;`C16 '".arc!,. ' -wy Maint D, 136.3;3 T, -"L :, -02 , .'2mpcare Medical 3rcup Cempcare *001-4090-2345 2 70506D 01/5470 04/30 051106 PretmplyNhsycls-Terplski 75.00 �001-4090-2x45 4 '7V506D 01/5470 04/:30 05/06 PreEmplyPhsycl-Evangiista 75.40 TOTAL DUE VENDOR --------) 150.00 Computer Applied Systems CAS *001-4050-40:30 2 70506A 01/4520 04/30 05/06 9,'0408 May-Comptr Maint 832.00 TOTAL DUE VENDOR --------) 832.00 Concord Growth Corp DisplayuSA *001-4090-6250 2 70506B 02/5552 04/30 05/06 5465 8rackts4Banners-Annv'Celeb 1,164.22 *001-40'x'5-2353 1 705068 01/5552 04/:1'0 05,06 5463 3anners-AnnvUleb 1,961,00 TOTAL DUE VENDOR --------) 4,125.22 :inverse Consultants CorverseCo z+ 01-3► f 3!712 1 70506A {)4/'a) 05/06 114'x' Geo T ech Rvw-EN 96-165 1,166.14 !��rtway, Carol *001-3478 Ixi engineering -�c01-1300-1010 1->;�1-<00-1010 *001-2301)-1410 *001-2300-1010 4001-2300-1010 71TAL DUE VENDOR --------) 1,166.00 _=03 5 70506E 04/30 05/06 21073 Recreation Refund T'TAL 011.1E VENDOR --------) 05/06 Prof Svcs -FPL 96-53 05/06 =-of Svcs -FPL 97-09 05/06 Prof Svcs-FPi 97-08 05/06 rof Svcs -FPL 97-05 05/06 Prof Svcs -FPL 96-056 7"T AL DUE VENDOR -------- 60.00 60.00 90.04 90.00 90.00 30.00 90.00 450.00 "&J Engineering Df&JEngine *001-4220-5201. 2 70506F 0134726 04/30 05/06 ?75E-04 tlidgSftySvcs-3/18-4/18 28,948.87 "DIAL DUE VENDOR --------? 28,948.87 -jN 'rlo*E' VENDOR 4W VEMM 10. # P;19 8 M ' I F — ACCOUNT 7FRGJ.TX-N0 WIN PILIMEAD. ENTRY/11LE INVOICE '­�!WQJPTION AMOUNT DATE CHECK ----------------------------- ---------------------------------------------------------------------------------------------------- D. 9, Chamber of Commerce DOChamber *(N)1-4010-2325 4 70506G )41/30 05/06 *001-4030-2325 2 705066 04/30 05/06 9. Cha7,ber of Ccnmerce Cha-ber !()0! -4096-2110 2 7"1506G i)1/5648 _;ay & Night Copy Center �avW -tit ( .1 -4210-2110 2 70506B{0]/46:5 9 I v *0:01 -4510-21'0 2 70506B 01/5K', *250-4215-6420 06737 2 705060 001/5630 Lic-p3rtmnt of Gen. Service Dep5enSery �30 `4 , !1.,' 0'-/06 3011 04j.3j0 05/06 238 , 041':0 05;06 274 04/3'0 05/06 279 1 -43" 0-61,00 2: 711,506F 03/5:372A 11 @-,V)9S,-6 1001! _0�� 2 06F 04/5572A 04..,"30 05J06 8376,20 *1226,4411-�100 4 J. _ Cjj/,�7 -2A ",4/3C 05/06 S3762D '26-4411-6100 6 70506F 02/5572A 04/30 05/06 8337620 _sept of Transportation D2pt'rans *VOI-4510-5507 2 /35066 01/4575 Levan Lundin & Assoc. -4551-5223 _�iamend -Par 2usiness io 01 1 - 4090 - 2,2, 1 , 7" V506B 0244599 C',4/330 05/06 141761 jiamond Bar Friends of #001-4010-2325 *,, 7050651 05/06 D8006A-i 05/06 DBOCOB-1 05/06 04/20 05/06 ('4i.30 05i06 install Mtg-4/24-Council 111.00 05/0.6-/97 00MM4386 Install Mtg-4/24-CMgr 37.00 05/06/97 00000034386 IDTAL PREPAID AMOUNT ----) 148.00 TOTAL DUE VENDOR -------- ) 0.00 Har City Maps 70TAL PREPAID AMCUWT ---- TOTAL DUE IVIENCOR -------- Copying Srvcs-DevIpmtCde Hr+geTractFnIRprt-Ccpies Specs-Hr,dicapAccsRmp 7STAL _`!UE VENDOR -------- Par'* lmn-CaptlEquip aQIF-FFV-Fees-StateY@hcIe ?rsc"ntFee-VehcleRequest ProcrmrtFee-SteVhcIReqsts ICTAL L,*UE VENDL-JR. 0 _t C' 6 7 Cj 171D, 4 000. 00 0.00 309.03 19.81 189.82 513.66 165.09 160.12 ?10.71 149.18 7P,5,'(, Signal Light Taint -Feb 1,238.67 3TAL ;UE vENDOR -------- 1,238.67 P-(-,:c'v,GrdqSvcs 386.95 ar. Svcs D 1 '3 9. 2 6 711D -AL G1 ;ENrLOR -------- 526.'21 RePt-SiiitesI00,190-May 11,661.50 .'AM, rqs-5teI00,190-May 1,144.00 TOTAL WE VENDOR -------- 12,805.50 AnnualEvent-4/13-Werner 7�TAL PREPAID AMOLNT ----) TOTAL DUE VENDOR -------- ) 20.00 05iO6/,37 CXXA.,C 34-jiD_ 20. 00 0.00 t',u+� 11MEL �, - w ,. = O t n . , ".- ......... ....... JI tE"DDDR NAME vow ID. ;CG SUN? LINE/ND. --------------------------- 7 ------- =—mond Par Petty Cash PettyCash 7506E #0 2-2300-2012 21 70506E #0 1-4030-2310 1 70506E q 2 :O1- U"0-135 1 ; Ilv.bC #001-4050-2325 1 70506E #0ii1-4!690-2120 7v506E a;0' -4090-2125 7 70`0.iE #t;; 1-4095` 1200 , '' '54'oc #0!)1-4096-2225 2-:70E:E *;011-42`10-12001 3 705o6E t'01-4210-1'200 4 '`:6E #,,01-4210-2325 _ 70505E #!?1-4210-23•:0 _ 76506E *001-4350,-2325 1 7v506E ivl i-4..5 ._?_E *0,1"l-4415-1200 1 70506E *001-4510-1200 t _°i.a,ncnd Bar Redevelopment ,3ar;,rA CX,1-1315 . 70506G Diamond Bar Seniors DBSeniors *0!)1-4010-2325 1 70506E Diamond Bar/Walnut *125-4215-2355 *125-4215-2355 *125-4215-2355 # PRE' -;i # ENTRY. _, E ' %-C __ -_ _. N AMCUNT i:ATE Elk: ,)4/30 05/;)6 C4 /'0,;,6 ,:;4:",0 05/06 04/ () 'J5 '06 04/30 05/06 04; 0 051106 04.130 05/06 20 05/06 04;30 05/06 ;4r .0 051'06 05/06 04/?0 05/06 04/30 05/06 )4 30 0.5_•/0.5 5 / 04, 30 0._ Ob "4!,' <'1 /06 04/30 05/06 4 :,r; 05/06 04/30 0,5/06 041130 C?5/+06 04/30 05/06 04/30 05/06 Diana Cho & Associates DianaCho *125-4215-4000 2 70506D 01/4578 05/06 05/06 05/06 04/30 05/06 Engr Deposits -EN 94-61 =mgr-,eposits-EN 95-130 Engr Deposits -EN 93-43 ;applies -City Council Fuel -City Mgr Meetings-CMgr Meetings -Finance _;:pplies-Gen Govt Postage -Gen Govt Telephone -Gen Govt Supplies -Come Info ieetings-Econ Dvlpet Supplies -Recreation Supplies -Cow Dvlp Meetings-Cxm, Dvlp frvl/Conf-Comm Dvip Meetings -Recreation Excurs-Recreation Supplies-Vltr Ptrl Supplies-PubWks TOTAL DUE VENDOR --------) 30 5,77 6.77 10.00 37.65 32.39 102.4 35.43 16.9.3 3.13 26.88 63.21 20.09 5.00 14.00 26.8$` 204 7.01 5.76 452.21 Advnce-5/6-Expenditures 38,344.80 Tr TAL DUE VENDOR --------) 38,344.80 McthersDay0inner-5/13-CC 15.00 TOTAL DUE VENDOR --------) 15.00 EasterDayCampAsstnce-CDBG 132.02 CDBGPrg-Chldcare-Feb 2,945.61 CDBGPrg-Chldcare-March 2,502.00 TOTAL DUE VENDOR --------) 5,579.63 086 Prof Svcs -March 416.00 TOTAL DUE VENDOR --------) 416.00 '?AL DUE VENDOR ________) 1,771.066"- ' Express Pipe & Supply Expresshp +001-4510-1300 2 70506G 01/56:11 04/30 05/06 MetalShelving-PWStrge 100.00 05/06/97 0000034382 TOTAL PREPAID AMOUNT ----) 100.00 TOTAL DUE VENDOR --------) 0.00 =7,A Federal Credit Union F&1Creditu +001-2110-1012 1 70506G 04/30 05/06 PPS-CrUnion Deductions 3,064.75 05/06/97 0000034377 TOTAL PREPAID AMOUNT ----) 3,064.75 TOTAL DUE VENDOR --------) 0.00 Federal Express Czrp. *001-4090-2120 50-4310-6415 02497 =eoeral Reserve Saw) *001-2110-1009 FedExpress Fiskars Special Markets iskars *115-4515-2352 4 73506B 01/5543 05/06 411941580 Express Mail -Gen Govt 05/06 411941580 Express Mail-PetrsnPrk TOTAL DUE VENDOR -------- 05/06 04/30 05/06 632700 SvgsBnds0eductions-PP7/8 TCT4L DUE VENDOR --------) Pati1Shrpnr-CommProeo "AL LuE VENDOR -------- 91.14 15.30 106.44 100.00 100.00 807.00 :;'07.00 RL ..... .- ENLOR NAMEID. ;E`'All ACCCUNT PRDJ.TX-ND W/ND. ---------------------------------------------------------------------------------------------- ENT;'r 7JUE iNV_.._E :E= F.. _ 'a r , lietl Ji a EckerD t; X527 refund uepst-FacltyRntl 200.°°=0 -`;`ab °CTALVENDOR--------) isaygh, Nabil 23G�s ­:ui-347S 12 70506E 04/::0 05/06 21119 Recreation Refund 34.00 TOTAL DUE VENDOR --------) -4. ngineering-Environmental En' *<<01-2300-1012 b 70506B 04/30 05/06 G703171A259 ProfSvcs-EN 96-149 325.00 TOTAL DUE VENDOR --------) 325.00 nvicom Corporation cnvicom *001-2300-1011 3 7C&68 04/:30 05/06 7077 Prof Svcs-FER 91-002 1,771.6di '?AL DUE VENDOR ________) 1,771.066"- ' Express Pipe & Supply Expresshp +001-4510-1300 2 70506G 01/56:11 04/30 05/06 MetalShelving-PWStrge 100.00 05/06/97 0000034382 TOTAL PREPAID AMOUNT ----) 100.00 TOTAL DUE VENDOR --------) 0.00 =7,A Federal Credit Union F&1Creditu +001-2110-1012 1 70506G 04/30 05/06 PPS-CrUnion Deductions 3,064.75 05/06/97 0000034377 TOTAL PREPAID AMOUNT ----) 3,064.75 TOTAL DUE VENDOR --------) 0.00 Federal Express Czrp. *001-4090-2120 50-4310-6415 02497 =eoeral Reserve Saw) *001-2110-1009 FedExpress Fiskars Special Markets iskars *115-4515-2352 4 73506B 01/5543 05/06 411941580 Express Mail -Gen Govt 05/06 411941580 Express Mail-PetrsnPrk TOTAL DUE VENDOR -------- 05/06 04/30 05/06 632700 SvgsBnds0eductions-PP7/8 TCT4L DUE VENDOR --------) Pati1Shrpnr-CommProeo "AL LuE VENDOR -------- 91.14 15.30 106.44 100.00 100.00 807.00 :;'07.00 :NAME .. -:OUNT rSOJ. X -NO AMOUNT " ATE ----_------------------_•--. -__-_--------- _. vena, _cnat`±an 2302 =ng, =ranklin FcngF +?1-4210-2330 1 7_^5068 *001-4210-4100 4 70506E Food Systems, Inc. FoodSystem *001-4090-2325 7 70506B 01/5601 foothill Transit +112-4553-5533 *112-45.53-5535 +112-4553-5535 Frame Works *001-4010-1'"200 FoothilITr 2 705068 01/M48 2 70`.068 02/5548 4 705068 02/5548 7rame�lork:s 1 705068 rancise Tax Board FranchiseT *041-2110-1009 1 705068 reibott, Laura -47 _78-Priedri,ch and *1:8-4538-4000 *139-452 9-4000 +141-4541-4000 2 70506E 0315398 OA 3FOA t0i; l - 4050-2315 1 705068 r'TAI ^IIF VENDOR --------) _4•()0 04/30 05/06 Reimb-Plnrinst 3/12-14 135.00 04/30 05/06 P1'ngCom*Mtgs-3/11,25 120.00 T�?TAL C?LIE VENDOR --------) 255.00 04/30 05106 13545 Suppls-CtyCnclMtg3/4 108.79 TOTAL DUE VENDOR --------) 108.79- 04/130 05/06 6794 Apr-TrnsSubsdyPrgrm 1,202.10 r 7?0 05 06 Tr^, / A r- stSubsdyFares 4,650.90 / G 67,4 p 04/30 05/06 6794 Apr-TrnstFares-3%Commsn 175.59- TL?AL IUE VENDOR -------z) 5,677.41 04/3+3 05/06 1:+1039 Pepa.rs to Damaged Brame 23.'32 ,"AL DUE 'YENDOR--------) 23.82 04/30 05/06 WithholdOrder-321408690 50.00 1-A'_ 6UE VENDOR --------) 50.00 05/06 2109b Recreation Refund 34.00 ys�'OfAL CuE VENDOR --------) 34.00 • j30 05/06 9704-09 Frof Svcs-Dist#38 568.94 3 04 05,`06 1'04-'r .l� c'rcf Svcs-Dist4�;+ 568•94 04/30 05/06 9704-09 Prof Svcs-0ist#41 568•'94 L"i `L SLE ''ENWR -------- ) 1,706-82 04/310 0�11'06 Ar .uai ;lues -FY 97%98 470.00 'OTAL 3UE VENWR--------) 470.00 ,,+ @R..............����'97 vENLOR NAME VEW ID. ACCOUNT EN7K|/�UEL lN"UIL'7 ES�KlKlDN AMOUNT DATE _____________ __________________________________________________ G� �li��� GTE ��18'4O98'2125 1 7V��B 04/30 C5/06- Pxone Evcs-City On Line 16Y,48 rAL L�LE VEa1,0R ----> 1oY.48 S�E Cal�f�nza 6�E ��1-4O90-2�5 2 7�5v6B 04/33 ���u CHo0759 _ine Relaca �on Svcs 1lO.00 73T^L XE VENDOR —'--'} UO.VV Calil:urnia GE eN1-4��'21� 1 ��� �/0�/� ��e�v�'���p� 59.92 `CTAL -�-UE VENDOR ----> 59.92 GTE California *V��-4313'2125 1 705068 O4/3O �s'Hrtge k Phore Sv� 54.42 - �OTAL -'fuE VENDOR ----> 54.41 �TE 7-aiiFornia *001-433i'2125 2 705A)68 04/30 05/06 Phone Svcs-S--ycCynPrk _ 54.42 TIT AL DU[ VENDOR ''—''—> 54.42 OTE California GTE - 4001'4314'2125 1 70506B 04/30 05/06 Phono Svcs -Heritage Prk 26,16 TOTAL DuE VENDOR '--'--'> 26.16 �TE -all GTE . *001-4314-2125 2 705068 04/30 05/06 Fnone Svcs'HrtgeCuamCtr 33.36 TOTAL � �� -''''-> DUE 33 .36 California .,TE *0j! -40,90-2125 05/06 p -c -e Svcs -Gen Govt 1,864.71. ~ - 7OTAL DUE vB0X� -----> 1`�4.71 STE Cabforma GTE *00-4355-2125 1 705068 04*0 05/06 Phone Svcs'LibraryProj 56.02 TOTAL WE VENDOR ----> 56.02 GTE California GTE *001'4096-2125 1 70506B 04/30 05/06 Phone Svcs-Ecmn Dvlpmt 35.65 TOTAL DUE VENDOR ----> 35.65 NiR NAME VEW 13. -+ r - Soj.Tk-NO BATM-.� t.LINE/N0. EM,., t /:t,_ 31 4 rnia GTE cF. k ''x.94 �`. 4:?�1 X125 ��'F )�t• '�1; � `:3^e 3YCC-,'jC�r .r i ?E California J Z :)+1-41h-2125 `)`. f CTE Cali;orm a 37- *001-4322-2125 i '0506F YE California 0 1 E +001-4090-2125 cs 70506F TE Leasing 6TELease *601-4090-2130 705066 01/4701 Goldenberg, Michael Goldenberg e1,01-4210-4100 1 7 506E Graffiti Control systems 3rafitiCon *001-4558-5520 2 705068 01/4632 Grider, Ann *001-3478 .iTE Frogramd for *001-4350-1200 Hameed, Shawn +001-2300-1013 HTEProgram 1 705060 ,ameedS 2 70506F -------- 1)4/,30 05/06 GhG e E.: -.-Maple Hill 42'.72 iAL 'UE VENDOR --------} 42.72 041,130 05/06 Phone Svcs -Ron Reagan 41.74 D --------_;.AL _UE 4EN 41.74 04/:C )51106 Phone Svcs -Bldg & Sfty 123.88 O`At DUE VENDOR --------> 123.88 04/30 05/06 1790574 yorstar Equip Rent -March. 466.79 TEAL 1+UE VENDOR --------} 466.79 04/30 05/06 P1r,gCca,_*Mtgs-:3/11,25 120.00 TOTAL IDUE VENDOR --------7 120.00 04/30 05/06 DB0397 GraffitiRmvlSvcs-March 3,450.00 r 7 -"'AL WE VENDOR --------} 3,450.00 �� 80 05/06 19635 Recreation Refund $5•W GiAL DUE VENDOR -------- 85.00 85.00 04/30 05/06 3560 SalesTx-Receipts-RecPrgrm 39.60 0'AL 'IE VENDOR --------> 39.60 04/330 05/C6 'enipSign"epst-96-15 100.00 T AL :UE VENLOR--------) 100.00 Image 1V Systems Inc. 1mage45ys *001-4090-2100 2 70506C 02/4559 04/30 05/06 240700 *C01-401::0-2200 2 70506C 01/4559 04/30 05/06 240700 :-dustry Equipment ReO *1115-4'215-2130 00197 inland Valley Dly Bulletn IVDB Korica Copy Charges -March Kcni-a Maint Svcs -Mar TOTAL DUE VENDOR --------> 05/06 IE177269 TrkRntl-SnrClubFoodDrVe TIE'7k [CE VENDOR --------> #0011-2300-1010 10 'V506C 04/30 05/06 2500462 k,i01-2300-1010 11 70506C 04/:30 0511`06 2500462 4o01-4040-21152 7050LC 01/4511 X74/30 O6/06 25008.36 ¢;701-4040-2115 4 70506C 01/45111 04/30 05/06 2500867 �iAME _ NT 7^;0J.TX-ND 'JENDOR ID. BATCwf%.LINE/NCS. --------------------------- -• ---------------------------- r W =Raw HaririN ,,,S ;�C ) ; k-.9 4 -v ` .'.c. Structr !air;t-Cougar-SmtRd 595 -t; TOTAL ,DUE VENDOR --------) 59� '!0 ,Lg,)Point Graphics ani+ 1.-4095- 2, 111 Hignpoint 4 705 67 4f'^ `:ic7r 58312 PrePressSvcs-BusinessCrds 21.65 , i�95-``li )1-4.� `1e0ar 01 /4648 -:. 04!,30 ,x.`_+/06 58455 PreFressSVcs-OdetoDBArt T3TAL DUE 'VENDOR --------> 137.21 Huls, J. Michael ,,ulsMik:e 4115-4515-5500 4 7,ny 6C 01/4796A 74/':,0 :75/06 GT6-3/97 integrtdWsteMgmtSvcs-Mar 1,300.00 #115-4515-5`00 '0511160 :i/4796A DA/c30 75/06 SW06/3-97 lntegrtdWsteMgmtSvcs-Mar 350.00 Tn'AL DUE VENDOR --------) x,150.00 1CMA Retirement Trust -457 !CIA 4001-2110-1007 '' 705060 '::a'30 05/06 PP7/8-Payroll Deductions 276.00 4001-4030-0080 1 705060 04/30 05/06 May -Contract Contrib 400.00 4001-4090-0090 1 705060 04/30 05/06 May-CafeContrib-AllDpts 7,605.66 TOTAL DUE VENDOR --------) 8,281.66 ICMA Retirement -401 ICMA401 *001-2110-1007 1 70506C 04/30 05/06 PP7/8-RetireContrb-Cmgr 1,123.06 *001-4090-0093 1.705060 04/30 05/06 9767 2nd Ortr Plan Fee 125.00 TOTAL DUE VENDOR --------) 1,248.06 Image 1V Systems Inc. 1mage45ys *001-4090-2100 2 70506C 02/4559 04/30 05/06 240700 *C01-401::0-2200 2 70506C 01/4559 04/30 05/06 240700 :-dustry Equipment ReO *1115-4'215-2130 00197 inland Valley Dly Bulletn IVDB Korica Copy Charges -March Kcni-a Maint Svcs -Mar TOTAL DUE VENDOR --------> 05/06 IE177269 TrkRntl-SnrClubFoodDrVe TIE'7k [CE VENDOR --------> #0011-2300-1010 10 'V506C 04/30 05/06 2500462 k,i01-2300-1010 11 70506C 04/:30 0511`06 2500462 4o01-4040-21152 7050LC 01/4511 X74/30 O6/06 25008.36 ¢;701-4040-2115 4 70506C 01/45111 04/30 05/06 2500867 Legal Ad -FPL 97-10 Legal Ad -FPL 97-09 Bids-TrfcSignl-Ad 4/7 Ad-Bids-Panteraft rC-F?L BUE YENI--------- } 27.78 159.00 186.78 57.05 57.05 65.82 65.82 52.65 49.73 234.02 ,uE 41 x rNf?tE VEMOfIR ID. -, AMOUNT :aiE Y. ACCOUNT FROJ.TX-NO 814"LIN /N0. ENTRI,-'uE --------------------------------------------------------------------- ------------------------------------- - Ernat,onal E-2 lip lnc Int1E Mp _ 3 � c ,-4 sy J 4310-2200 - 6G ../56,,)5 1ti 4/30 z-tik, Jack 1'Bt *001-4553-4100 1 705066 M Signs jHsigns *001-4095-2353 4 70506C 01/5641 ohnson, ::oris ; :001-3473 2 70506E �dicial Data Systems JudDataSys s+:(1-441.-546 _. ' ^ja,�_^ 01!`5i4 Oz 6C 01,1-04 'i V Blueprint Service K&VB1uePrt -4?9G-21!0 7:5666;1150: tans ''ardware C 1-4310-1200 t:'G1-431=-�21G -ieinfelder :1-2300-1012 'ens 4 705060 11/5341 -CTAL :SUE VENDOR --------> 4:'•43 04/30 05%06 i&T Comm Mtg 4%10 40.00 DTAL ;UE VENDOR --------) 40.00 04/30 05/06 26060/26063 Re-WorningBanners-AnvCelb 210.00 TOTAL DOE VEN---------) 210.00 20.04 U4/30 u5/Cb 216?7 Recreation Refund yLE VENDOR , 115.44 ;,41Q0.0�5/C;6 review F'rxessing 16.00 T' T#1L 2L'E ',C DOR --------} 1"31 .44 04/'30 05/06 1142 ,.near;::,ntge-Chrge 77.04 '!"AL DUE VENDOR --------) 77.04 04/30 05/06 Cen Dark: Supplies 153.46 ?rk / 71.53 06 U}p1125-'etar5pn 055 05/06 Supplies-Sum+tridgeFrk 22.57 09/06 .applies-SycCynPrk 15.36 TOTAL DUE VENDOR --------) 262.? 04/30 05/06 536579 Prof5vcs-EN 95-179 600.00 TOTAL DUE 'VENDOR --------} 600.00 04!30 05/06 2540 Feb-CalvChplTrfcSvcs 5,037.30 T:TAL DDE VENDOR --------) 5,0:37.34 7 705060 -.A. County -Sheriff's Dep LACSheriff *001-4411-5404 1 70506D q;UN TIME: %.Ing �5l Ol i y7 J D' U C H E R R E G 1 S T E R ?AGE 14 * * PREPAID # i VENDOR NAME' ---- --- T CHECK ACCOMT PR0.1,TXa10. /Mi. ENTRY/DUE INVUiiCE DESCRIPTION AMOUNT D--- --------------------------------------------- - fa. C -Cur* -Sheriff's Dep Lomeriff #):;1-4411-54?ri 1 70506D 04;30 05/66 23900 March -Contract Services 292,423.93 TOTAL DUE VENDOR --------} Zo),423,Q3 _A Cellular Telephone LACellular JI -4030- 705060 x)1-4090-21:5 4 705060 :4/30 '0/0h f i boil -21 125 z 705060 J4;"3C )5/06 i-441:-.125 1 705060 _%4�'0 i?5,'0h A Cellular Telephone ACallular .*{v1 -4090-212•c L 7r1c.:060 _andscape West #141-4541-2210 x141-4541-5'500 .0 I1-4558-5508 LandscapeW 2 705060 01/4615 , 0'506C 0114614 2 70506C 01/4619 Lanterman Developmental Lanterman }i01-4010-2325 5 70506G Larmor #001-3635 _asher auto #12_-4411-6100 LartOr 1 70506C 4;'0 05.!06 04/30 05/06 20715 04/30 v5/06 20792 04/30 05/06 20793 04/30 05/06 04/30 05/06 05/06 6220 reilular Svcs-Cmgr Cellular Svcs -Gen Govt Cellular Svcs -Gen Govt Cellular Svcs-V1trPtrl 'CTRL DUE VENDOR -------- Cellular Svcs -Gen govt TOTAL DUE VENDOR --------) Aaron-Add'l Maint-Dist 41 March Maint-Dist 441 weedA6ateSvcs-March -07AL DUE VENDOR --------? AnnvEvent-5/13-Herrera TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR --------) Refund-Plns/Specs-Pantera TOTAL DUE VENDOR --------) Olds-Achieva/SheriffsDept TOTAL DUE VENDOR --------) °?.51 o-3.10 74.11 L f 68.yr 313.54 70A, iP e, 1,476.29 2,9`0.00 4,645.84 9,072.13 5.00 05/06/97 M0,34-'1-88 5.00 0.00 45.00 45.00 16,102.81 16,102.81 League of Ca. Cities League #001-4090-2330 1 105066 04/30 05/06 CorpTckts-ChkRplmnt31437 204.00 05/06/97 0000034379 TOTAL PREPAID AMOUNT ----) 204.00 TOTAL DUE VENDOR --------) 0.00 RUN TIME: 08-'09 05/01/97 V 01IL C H E R REGISTER -i iL—E 'W.. .... . ........05 PAGE 14 VENDOR NAME VWW ID. * PREPAID } ACCUJNT PROJ.TX II!/Mi. ENTRY/DUE 1%OICE DL'SCRIf'TiON AMOUNT DATE CHECK --------------------- t----------------------------------------------------------------------------------------------- '-.A. County -Sheriff's Dep LAMeriff ++?1-4411-5401 1 70506D 041;30 05/06 33900 March -Contract Services 292,423.93 ICTAL DUE VENDOR --------) '?92,42?,'?3 -A Cellular Telephone LACellular f0 i-4030-2125 1 70506C 04 %X) :' i':b 0I-4090-2125 4 705060 64/30 ',`;'06 fC 11-40,90-2125 5 705060 04;' v x5/06 x `JI -4415-21 ri 1 70506C 114/30 x5/06 -A Cellular Telephone _ACelluiar X001-4090-2125 6 .�506C andscape West +141-4541-2210 ¢141-4541-5500 $1:3? 1-4553-5508 Landscapew 2 70506C 01/4615 70506C 01/4614 2 705060 01/4619 -anterman Developwental Lanterman }v01-4010-1 15 5 70506G Larmor 4001,-3635 -asher Auto +1 4411-6100 Lam 1 70506C ,,, -X0 t!5/06 04/30 05/06 20715 "4/3O OG !06 20792 04/30 05/06 20793 04/20 05/06 04/30 05/06 League of Ca. Cities League +001-4090-2330 1 70506G 05/06 6220 04/30 05/06 Celi!aIar Svcs-Cmgr Cellular Svcs -Gen Govt "Cellular Svcs -Gen Govt Ceilular Svcs-V1trPtrl "CTAL DUE VENDOR -------- Cellular Svcs -Gen Govt TOTAL DUE YEN" --------> March-Add'l Maint-Dist 41 March Maint-Dist 1141 weedAhateSvcs-March 'OT AL DUE VENDCR--------) AnnvEvent-5/13-Herrera TOTAL PREPAID AMOUNT ----) TOTAL DUE VENDOR --------) Refund-Plus/Specs-Pantera TOTAL ME VENDOR --------) Olds-Achieva/SheriffsDept TOTAL ::UE VENDOR --------> CorpTats-ChkRplmnt31437 TOTAL PREPAID AMOUNT ----) TOTAL DUE VENDfX2--------) S7 5, 83. I0 74.11 68.82 313.54 70.9<d,r F 1,476.29 2,950.00 4,645.84 . 2 07 13.1 5.00 05/06/97 00000343~8 5.00 0.00 45.00 45.00 16,102.81 16,102.31 204.00 05/06/97 0000034379 204.00 0.00 ~ P4G� 15 _LN -�E'� ' v7 .....^.... + * ENI -]IR NAME ACCGuNT PKOJ. Von ID. [NTR /�� ,��,�� �ESC�lpOON AM�UNT :ATE C�ECK ---------- __~___'________________________—__—________ < 23m �/� VF/� q����� �.00 17 7��G TiToL �-REFFAIO AMOUNT --) 45.w3 �aighton and As*miates Leighto» 6 70506G 011/3449�4/3* 04/3O ��/C� 1O51 SeoTcc��*.'MrgSunLnds�de 340'0V +001 ��1O'452V 2 U /mwuu o5/06 1052 ]eoT*chKvw-EN 96'156 210'VV 101 T3`AL DU[ VEHDOR ------> 550.010 Lem»a'«` Joyce L ama^gu 3u/3O O5/0� T&T -cmm Mrg 4/10 40.00 *OO1'4553-4100 2 70506G TGTAL �E VENDOR '---`'--> 40.*,"- � _ewis Engraving Inc. �01�21V-\�0 i_ewisEngra 2 70506C V1/56N Oq�� 05�� 24373 plqeEngrvg�o\ : 61^70� * *CO1-4095'2113 2 70506C O�/��n 04y0 05�� 2^�� _- Engravg�rs-Tiles L7'32 TOTAL DIUE VENDOR ---- 79.02 *001-3478 \O 70506E �/»o 05/06 21202 Rezraation Refund - TOTAL wS VENDOR ---------''' > 118^00 � Angeles County ,0O1 -4O90-2\30 LAClntSvc 4 TV5o6U 01/" �� 05106647 March -Pager Rent 161,71 TOTAL OLE VENDOR ----) 161.71 t.os AngpleCmmtY 05/06 4970677 T��S��y�g��i\ 375.804112-4553-5533�1L2-�3'553� 675 2V ' +!12-4553-553505/064970677T��S�sdy-R�s'A� TOTAL DUE VENDOR '-'--'-> 1,051.00 Mainte ^ — - - 04/30 05/06 256599 Cleaning Suppls-HrtgPrx 24.68 *001-4314-1200 2 7O5O6O 00/4&% TOTAL DUE VENDOR ----> ,Iariposa Horticultural Ma 2 ripos«l7 7»t»»» «//+x16 04/30 05/06 !067y Maint-Dist03�-March 3,260.00*138-4538-55O0 2 705068 01/46 04/3V 05/0� i�680 Mamt-Bldg & Grounds -Mar 467.88 *138'4538-2210 TOTAL W.E VEN0M ----'--> 3,7-27.88 4 s Ti - 3 s .f t..............)' -r.EN p NAME ID. WCCGUNT PROJ.TX-W /ND. ENT 'Y;'_LF aV,' E-w,;r ICN- AMC LNT :ATE ------------- _ee 1`.r 2313 17 Vc "'F 4or t r rn �'�tnd c — -� 0TAL _',E!'AID AMOUNT ----> eighton and Associates _2ighton +901-45110-4520 L. 70506D 01,•' 449 x'1,01 -2S00-1012 r i7506D Leonard, Jcyce Leonard.; *+t0' 4553-410t� ? 70506G _ewis Engraving i��c. _EwisEngra +0U1-4210-1200 2 705060 01/5610 x001-4095-2 1' 7•, i 1 � _ ��_,060' •11/520 4,001-:3478 _os Angeles County 4001-4090-2130 Las Angeles County 1 +112-4553-5533 x112-4553-5535 "fainter +001-4314-1200 ?09 10 70506E LACIntSvc 4 74506D 01/46% 14!=' J5,•":E 11`1 ..I - j 05/06 :52 4/'3+) 95/,.6 2437:3 `14!:0 +35/06 2472 04/330 05/06 21202 04/30 05/06 647 2 705M Mariposa Horticultural Mariposa +133-4535-5500 2 70%k.D 01/4617 +1:.^0-453$-2210 2 70506D 0114616 �E:"ec"nvw-MrgSunLndslde 3eo?EchRvw-EN 96-156 Tn-AL UE VENDOR --------) TAT OCM, Mtg 4/10 TOTAL UUE VENDOR --------) FlgeEngrvg-Goldentrg _ngravgSvcs-Tiles TOTAL DUE VENDOR --------) Recreation Refund TUITAL DUE VENDM---------- March-Pager -------? March -Pager Rent TOTAL DUE VENDOR --------) 45,U0 �}. V1i 349, :30 210.001 550. +`0 40.00 40.0t4;, 61.701- 17.32 79.02 1419.100 12.00 161.71 161.71 05/06 4970677 TrnstSubsdyPrg-April 375,80 05/06 4970677 TrnstSubsdy-Fares-Apr 675.20 TOTAL DUE VENDOR --------) 1,051.00 -•.�� 05106 2565`)9 Cleaning 5uppls-HrtgPrk TOTAL DUE VENDOR -------- 24.68 24.68 04/30 05/06 10679 Maint-Dist#38-March 3,260,00 04/;0 05/06 10680 Maint-Bldg .& Grounds -Mar 467.88 TOTAL DUE VENDOR --------) 3,727.88 t C: t ipvT V ID. 50,1, T7(-Pq ',r r .� r -,,,,� } a C. ----------------------------- _____________________---ms+µ-_----_--__-__-_ ______ _- +• ,�� `'��CUN T ---------------- Martin g:. (,ap,an Co. Mktin&Cha 4.4 2i�f nc4�, 174 4' ? 1-4411-2325 11 11 'cManus, Joseph ;cManus, 40vi-4210-4100 E 4'30 05/06 letrolink ;°Metraii^k: *112-4553-5533 4 70506F 01/5549 04/30 05/04 4112-4553-5535 6 70506F 02/5549 04/ti:0 ?5/06 Mitchell, Sophia MitcheiiS *001-3710 1 705066 04/30 05/06 ' cbile !Modular Manage,.nt *Qb11McduI *001-4350-2140 2 70506D 01/5035A 04/30 05/04 57958 '"{.onlight Press MoonlightP "—re, Diane -*'.01-3478 norgan, Sherry 2317 34 16: 70506E ) 05/0. 97103 05/06 21137 0`4i30 05/J6 DIAL i 'E 'v'ENLOR--------) .95 Reimb-sheriff Mtg-4/15 151 t; -,TAL ii�E VENIOR--------} C, ,;3 ?Ing ,cFn Mtgs-3/11,25 120.00 ICTAL ObE VENDOR --------) 120.00 Apr-TrnstSubsdy 4 604.$0 Apr-TrnstSubsPrgriFares 13,4'21.20 TOTAL DUE VENDOR --------) 23,034.00 Refund-AnnvCelbBoothFee 10.00 05%06/97 00011034387 uTAL :REPAID AMOUNT ----) 10,00 TOTAL DUE VENDOR --------) 0.00 Lease5rcC'ynPrtble-Apr/May 389.70 -'AL DUE VENDOR --------> 389.70 Supplies -Envelopes 84.57 -0- r. LUE VENDOR --------) 34.57 Recreation Refund 24,110 --"AL A' -LE VENDOR ation Refund 30.00 rAL XE VENDOR --------) .30.00 ~^^ City o� ��amzns Gar +^* F�� L7 �-nE�J8�;YJ5�1/o7 v�"C+iR �� �� "~� 8$��/�£ I��iCE 3ESCRlPTlON 4C�DUNT PRUJ.TX�� ______ _ _________________________________ _____-____- ___ 3al,Y �ited Way 7 �ir�y 04/30 05106 Payroll ��rih�ns 57.0O \ 0�om TOTAL M VENOM ----} 57.00 Nice, Stephen NiceS T� Comm�g 4/10 40.00 *001-4553-4100 4 705506604/30 05/06 TOTAL 0E VMS -------- 40.00 OC8Reprogr "� Reprographics06597 7 70506D 01/5271A�� �� 548187 Cl . "^ *,c-_,0-4.310-6415 -- 7 �9 *2250-4310-6415O6597 Y 7�m6D O1/5271A O0�05/06 �1N O4.3O O5/O6 �#18Y ClP-Pntra�rhppintw p25V-431O-6415 O�5Y7 �1 7O5O68 O1/5�2 ww --- ClPP��era���x� �� ~-- -''--- 065 5 7O506D V1 1A O4�� 05�6 548��1 - ' `-!o'°^^"-"`^° ``~'' 13 7090�D O1���1 O4�N O5�& 55\2�6 ClP'PntrmPrhPrintm '. +250-4310-6415 06597 '�� ^~ '~`-- '' ClP �PntrmPrhP��m nn ` --*2�0-K1V'6415 06597 15 70506D O1/�21 O4�� O5�6 55250 ' � TOTAL DUE VENOM ------'> OfficeUepo O;;i� �� 3 7�� ���� V4/� �/� ���16 Supplies-Com �� ^ �^� *001-4�0-12OV 23.34 "0O1'4O30-12OO � ''-- �' ��A O4/30��/06 02O337�* supplies-CMgr 188^�2 ' �- - - O�V381�� Supplies-Con Svcs . 2 7n5N� 47/4566A 04�� O5/u� - �Q1-4358-��0 --'--- '' iem'Gm� Govt 21,33 ��1 4090-1�W 2 70506U 49/4566A 04/30 05/06 02039(,K42 Suppl- �-- 3 0@/30 �V�V2O5-�D Supplies-CM�� ^ O9 *001-4030-1200 TO506U 44/��6A O�05M% 020528602 S»ppiie�CDBG 30`86 2qy^77*1� 6Q�/�020528673 Supplies-Gen ov *001-4090-1200 1 m»««» 43/4566A O4�0 11.40 �01-4QO-1�W 2 7V5O6O 45/4566A 04f* 05/06 0220528729 Supplie�C�� ^ TOTAL ME VENOM -----> 499.00 — �Vo 230 -� *001-3478 9_ 05/06 21125 Recreation Refund 17.00 TOTAL MVBNDM -----} 17.00 pacific CoastTe 4,186-004,�.O0 40011- 43122-6410 --- TOTAL XIE \EN&0R --------> 4`186-00 �arkway8usiness RarkWayBus �/���' 61349 City�w 4�.� �0}'4OY5-2352 2 7O5O6E 01/555 30 -_ �� TOTAL OUE VBQM -----> 432.67 *** -ty G7 ami 1 1 Bar ** LUE THRu.............:5;' J`N00R WOE j9. ACCQUNT PROJ.TX-IVD ENTRYjDUE �NVO1 E Dtb�riiPT10N AMOUNT DATE �hE-K L. x Payroll Transfer PayrollTr 1-1020 1 70_0 a - T -y,. y. „c `,,v, '"• +•+6 4/30 t. /J�' i�.^Gil fran.sfer-rP8 5.,3100,00 VJ/ilk,/97 t(11)-+ JUv:`C TOT L PREPAID AMOUNT ----> 52,300.00 rDTA'_ ;YJE VENDOR --------) 0,00 'roto Plus by Kim ^hotoPlus *001-4095-2112 4 7ot,,06E 01/4649 04/3{) 05/06 27660 PhatographicSvcs/FiImProc 17. C)8 #001-4095-2112 6 v506E 01/4649 64/.X 05/06 27670 PhotographicSvcs/FilwProc :12.49 *001-4095-2112 70506E 01!4649 04/30 05/06 27675 Photo/FilmProcessSvcs 29.51 TOTALJE VENDOR --------) 79.09 jitney Bowes Credit Ccrp. "SCC *001-4090-2130 5 705060 04/30 05/06 PropTai-MailEquip 9.27 Oomona Judicial District PomJudDist *001-3223 1 705060 041120 05/06 Mar -Parking Activity 420.00 TOTAL DUE VENDOR --------> 420.00 '^..ona Valley humane Soc. VHS *001-4431-5403 2 70506E 01/4579 04/30 05/06 96004250008 Animal Cntrl Svcs -May 4,959.17 70 AL DUE VENDOR --------) 4,959.17 Pomona Valley Pipe romVlyPipe *001-4310-2210 1 70506E 03/4943A 04/30 05/06 3707 Parts-DrkgFGuntns-Prks 166,28 TOTAL DUE VENDOR --------) 166.28 'ranata, Christine *001-347^0i�'i ,� 05/06 21349 Recreation Refund 35.00 w 70TAL DUE VENDOR --------) :?5.00 Promo Graphics *')01-4095-2352 Prudential Service Bureau PSBI *001-2110-1004 1 70506D *001-2110-1006 1 70506D 05/01 DB Logo Shirts TOTAL PREPAID AMgl1NT ----) TOTAL DUE VENDOR --------) 1,114.41 05/06/97 0000034383 1,114.41 0.00 04/30 05/06 May -Dental Ins Prews 1,649.83 04/30 05/06 May -Vision Ins Prews 838.86 TOTAL DUE VENDOR --=-----) 2,488.69 J -E S T - C -UE Ru .............. -1 '6-; 7 VENI"4 NAME ACCOUNT PRGI. TX -NO ENI f , DUE :' t&C 1 CE _ E: SU: i PT N AMC ANT DATE cC15 'srkiss ;use -REI Purkiss *:..-4310-4300 2 7!'?50bE 01/5107 04/30 CF5106 8427 Cit;:Wide!9str � > - =1an-March 10, 600. !, 3 Blueprint �(&DBI!ie #250-4510-6412 10697 2 70506E 01/5627 04/30 05/06 35239 =`0-4310-6415 06597 17 ' 506E 01/t619 04,1.0 05106 25240 =repro Graphics ReproGraph 23.7',' *001-4090-2110 4 70506E 01/5380 04%30 05/06 8287 #002-4090-2110 2 70506E 01/53;10 04/30 05/06 81320 ichards Watson & Gershon RicnardsWa 4001-2300-1010 12 70506E 04/30 05/06 x001-4020-4020 1 70`06E 01/4713 04/30 05/06 +001-4020-4021 1 70506E 02/4713 04/30 05/06 4001-4020-4021 70506E 0214713 04/30 05/06 #115-4515-4000 1 70506E 04/30-05/06 ;obert Driver Ins Co. RobDr�ve ¢001-2300-1004 1 705068 Robin's hallmark *001-4095-1200 Rodriquez, Mirna #001-2'.300-1013 RobinHall 04/30 05/06 05/06 05/06 .uzizka, Joseph T. RuzickaJ #001-4210-4100 2 70506E 04/30 05/06 OCTAL DUE VENDOR --------f 10,6+.0.00 CIF-TrfcCntrlimpvtSpecs Copies-PntraPrkSpecs TOTAL DUE VENDOR, --------) BusCardlmprints DusCardImprints TOTAL DUE VENDOR -------- Legal Svcs -FPL 93-006 gal Svcs -February SpecLegalSvcs-CableFmchs spec Legal Sycs-LLAD6 SpecLegalSvcs-Soldt)ste TOTAL DUE VENDOR --- Apr -Spec Event Ins TOTAL DUE VENDOR --------) Invites-SetRdgeDedicatn TOTAL DUE VENDOR --------) Temp5ignDepstRefund-96-14 TOTAL DUE VENDOR-------- P P1ng Comm Mtgs-3/11,25 .TOTAL DUE VENDOR -------- 99.58 1,440.00 1,539.58 59.59 23.7',' 38.31 11100.00 4,517.67 100.00 192.50 X5.00 5,935.17 300.00 300.00 198.07 198.07 100.00 100.00 120.00 120.00 VENDCR NAME 8 70506E 01/4512 04/30 05'06 06:192 4001-2300-1010 ACC'w. PR(J.TX-ND /NO. ENTRY :' - ----- - ,, N 4001-2300-1010 14 70506F 04/30 05/06 _----------------------------------------------------- ----- 15 70506F x,,4/30 05/06 11500398 4001-4040-2115 6 70506E 01/4512 04/30 05/06 2526 San Di11d5 Grain i�a, 40"11-4095-223.52 11 705060 01/5675 0413' =)5/06 -�avbalies- AnnVCe;eb 2116.07 TOTAL PREPAID AMUNT ----} 216._)7 TO'k DUE VENDOR --------} 0• San Gabriel Vly Tribune SGVTribune 4001-4040-2115 8 70506E 01/4512 04/30 05'06 06:192 4001-2300-1010 13 70506E 04/30 05/06 06967 4001-2300-1010 14 70506F 04/30 05/06 06967 *001-2x00-1010 15 70506F x,,4/30 05/06 11500398 4001-4040-2115 6 70506E 01/4512 04/30 05/06 2526 San Gabriel Vly Tribune SGVTribune }001-4210-2115 2 70506E 01/5555 Santana, Ili *001-2300-1002 Schad, Don *001-4210-2330 ¢001-4210-4100 Schmid Frazee, Carol X001-3478 Shimizu, ,Jane B. 4001-3478 Santanal 3 70506F SchadD 3 70506E 5 70506E 2299 Fids -Patera Prk Legal Ad -FPL 97-10 Legal Ad -FPL 97-09 Ad -FPL 95-53 Ad-BidsTrfcSignl-Gldrsh TOTAL DUE VENDOR --------) 04/30 05/06 Acct1602489 Ad-TownHallMtg 3/22 TOTAL DUE VENDOR -------- 04/3O 05/06 34684 Refund-PrkSecrtyDeposit TOTAL DUE VENDOR -------- 04/30 05/06 04/30 05/06 Siecke, Warren C. Sietkeit *250-4510-6412 10797 6 70506E 02%3769 4250-4510-6412 10697 4 70506E 01/3769 +250-4510-6412 10597 8 70506E 01/5600 05/06 21124 05/06 21265 04/30 05/06 3867-9 04/30 05/06 ?8679 04/30 05/06 3863-9 Reimb-Plnr Inst -3/12-14 Ping Coen Mtgs-3/11,25 TOTAL DUE VENDOR -------- Recreation Refund 71 -AL UE VENDOR ----_-- Recreation Refund TOTAL DUE VENDOR --------} TrfcSignl-Palomino-Mar TrfcSIgnl-Goldrush-Mar 'rfcSignlDesign-Gldrsh VENDOR --------) 74.11S 31.72 S1. 72 105.30 85.68 428.5$ 828.00 828.06 50.00 50.00 55.92 1'20.00 175.92 20.00 20.00 32.00 32.00 923.50 923.50 500.00 247. DO D GIL GuE WILL � G GjE HAS POSTED F! Ti1RE TRANSAI i i,S -AMFECT PAY EXPENSE REVENLE ------------------------------------------------ EFS ra ;und F3R,7d .69 123,554.22 1,i}4.i)Q :13,_91).47 -LAD #39 Fund 12,913.39 12,913.39 _ ^t Waste 'Ogmt F , 40.��5 3,140.05 C.I.P. Fund 61,h3S.e4 h,625"R4 iLy LO _-: _GPS fundh . 0 FLP.d •L.08,3. 44 ;n i1 Prop A -Transit F .�,7h2.41 29,762 ,�3 ,-r712.41 G __=iii #3$ Fund 1.94.62 4,.ct..h2 4,395.2"" 4 i LLAE #41 Fund 4,995.23 'cG :lam Library Service Gi,------------------------------------------------------------------------ --- ---- -------9 -- LL . uNLS ,': 3,at3 09 i23,654,:_ ie t� 59y'd4 . ^^^ C��y Ba~ *'+ I��i[� ��CqIPTI 'AIMEMAMO��TOR N __DATE____CHECK ,TX-N___-_--_� __________' �rfted Nay UniI 70506F t 04/30 05/06 p�0��oll ��i��s 57.00 TOTAL DUE VENDOR ------> 57.00 Nice, ��m� *t)01-4553-4100 �c� 4 70506G 04/30 05/06 �� Come Mtg 4/10. �� TOTAL DUE VEYM0 -------- 40.00 Or.B Reprographics *250-4310-6415 06597 OCBReprogr 7 705M 01/5271A 04/30 05/06 5�1� ClP��t����� o/ *250-4310-6415 08�7 9 70506D 01/5271A '' O4�� 05/�, 54M1Q7 ClP-P ",~=�,~.~^ ClP-Pntra��p�iots ""~ 1 4S16415 O6597 `��°- "- 11 7O5O�8 O1 '''— 70506D 01/5271A �'� � O4/3O 05�� �8189 5480#1 _ - C]P Pantmra��P�� �� ' ' *25V -431O'6415 06597 *250-4310-6415 O6597 5 13 7050�U O1/562i 04/30 O5�6 551246 ClP'Pntra���int� , +�0-431V-6415 O�97 15 70506D 01/5621 O 4�� 05�� 552548 CIP�YntraPrN�n�� TOTAL ME VENDOR ----) 2,091.W' ]-'fice 3-epat OfficeDepo 3 70506D 48/4566A �/� ��� 00��16 ���i��� �� ' 86.79*001-43:60-1200 28 34 n}O1-40O-12OO 3 705O6O 46/4566A O�,���/O6 02O33738O | 1&0 Supp�i�r�Mgr Supplies -Cow Svcs 188^�2 ��1-4358-�2OO 2 7V5V6D 47/4566A 2 7�V� �/45�A O4�� 05/O� �/� �/� &��� ��li��» �� 21`33 `Oy * - - m01'4O3O-��W - �--- � �� � '»am� ++/�nvw� O4�� O5/O6 V2V52�V� - �9pb�-CM0r 32 `vr '30.77 *�25-��15-1�N 1�705V6D 5O/456�� 04/3> 05/06 01,05n602Supplies-CDBG Supplies -Gen Govt yy`77 *001-4090-1200 � 7O5V6D 43/4566A04/30 2 705O6O 45/45W 05/06 020528673 020528729 Supplies-CMgr 11.4O ` +*)1'4V30-1�@ TOTAL DUE VENQOR -----> TOTAL 499.00 _21h �ya 230 -: `- 05106 21125R���ionR�m 17.00 ---'- TOTAL �� VENDOR -------- 17.80 P iFic Coast Te Pacific ac ' O�/06 �� fceTnsCrts-RoAg�prh - ur ^ 4 186 O0 .,'-' *001'4322-641V TOTAL MVENDOR ------} 4,�W6.00 ?arkway Business ParkWayBus 2 70506[ 01/5592 �� �� 6�� City �� l� ��- '''�'-- 432.67mN1-40Y5-2352 TOTAL DUE VENDOR '-----> 412.67 y DUE T:HP.L.... E+DuR NAME Dr + # ACCOUNT PRU T WIND. ENTRY/DLE 4 M0?CE :E 70T:CN AMOUNT DA`c------------------- �F _ --------------- ------------------------------------------------------------------ G- Sir Speedy 4001-4095-2353 7 70546E 01/5608 04/30 05/06 21215 rrtg-rlyrsAnnvCeieb 456.8", *001-4095-2353 9 70506F 0115646 04/30 05/06 :1215 AnnvCeleb-Posters 64.05 TOTAL DUE VENDOR --------> 520.87 panish Trails Girl Scout *an ishira *001-4095-2353 5 70506E Spert Pins 3portPins *001-4095-2352 4 70506F 01/5586 Standard Insurance of Ore StandardIn *001-2110-1005 1 70506E *001-2110-1005 2 70.506E Stanley Steeser *001-4090-2200 The Gas Company *001-4314-2126 Time Out Personnel Svc. *001-4040-4030 . *001-4040-4030 , 4991 *001-4040-4030 #001-4040-4000 *001-4040-4030 Torres, Lupe *001-2300-1002 StanleySte 4 70506F 01/5331 ScCaGas 170506E 04/30 05/06 04/30 05/06 32856 Reisb-StaffLnchs-AnnvCe16 TOTAL DUE VENDOR -------- City Annv Celeb Fins. TOTAL DUE VENDOR -------- 04/30 05/06 May-Suppl Life Ins Press 04/30 05/06 May -Life Ins Press TOTAL DUE VENDOR -------- 04/30 05/06 C1eanChairs-WtrDsgeSte190 TOTAL DUE VENDOR -------- 04/W 05/06 O OW06 2045 05sI06 2067 6(0 2086 4/06 2105 1n6 2105 TorresL 4 10506E 04%30 05/06 35227 Gas Svcs-Hrtge Prk TOTAL DUE VENDOR-------- TempSvcs-Scanning-3/24-28 TespSvcs-Scanning3/31=4/4 TempSvcs-Scanning-4/7-11 TempSvcsReceptnst-4/14-16 TespSvcsDocsnt5cng4/13-17 TOTAL DUE VENDOR --------) SecrtyDepstRefund-PrkRnt1 TOTAL DUE VENDOR -------- 15.75 15.75 827.* 464. V 562.40 69.00 67.00 115.03 115.03 296.00 404.25 252.00 132.63 346.50 1,431.38 50.00 50.00 *** City of Diamond Bar **+ RUNTTME: X3:0905/01/97 V 9 U C H E R REGISTER DUE THRU.............05/06/97 PAGE 22 VENDOR NA)f l ti * * PREPAID # ACCOUNT _ PROJ.TX-NC1 /N�• ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK -------------------------- -------------------------------------------------------------------------------------- UC Regents s *001-4510-2'40 2 70506F 01/5705 04/30 05/06 P,.:bCcntrctLawSmnr-Mane la 55.00 TOTAL DUE VENDOR -------- } 55.00 united Parcel Service 'JPS *001-4090-2120 3 70506F *001-4090-2120 4 70506F 1001-4090-2120 5 70506F Van Winkle and Affiliates TomVanWink *250-4510-6411 10197 2 70506E 01/4042A Virata, Ceferino *001-2300-1002 Virginkar, Arun *001-4553-4100 VirataC 5 70506F Virginkar ? 70506G Walnut Vly Water Dist WVWaterDis *138-4538-2126 1 70506F West Coast Arborist Inc. *001-4558-5509 West Publishing *001-4090-2320 04/30 05/06 96327800271 Express Mail -Gen Govt 04/30 05/06 963278002717 Express Mail -Gen Govt 04/30 05/06 9632700027 Express Mail -Gen Govt TOTAL DU: VENDOR --------} 04/:30 05/06 6 CIF-SnsetCrsg-Videogrphy TOTAL Off VENDOR -------- 04/30 05/06 34685 0400 05/06 04/30 05/06 WtArh& 05/06 12073 White, Helen WhiteH *001-2300-1002 6 70506E 05/06 91217526 04/30 05/06 34442 SecrtyDepstRefnd-PrkRntl TOTAL. DUE VENDOR-------- T T&T Comm Mtg 4/10 TOTAL DUE VENDOR -------- Water Usage -Dist #38 TOTAL DUE VENDOR --------) TreeMaintSvcs-3/31 TOTAL DUE VENDOR --------) AnntdCACodes-Publctns TOTAL DUE VENDOR --------) RefndDepst-ftSecurty TOTAL ME VENDOR -------- 11.00 19.00 19.00 49.00 421 d 421 t 50. R, 50.00 40.00 40.00 860.00 860.00 135.00 135.00 50.00 50.00 ` 7 VENDOR NAME ACCOLNT PROJ. ------------------- Wright, Paul +001-4090-4000 Yamada, Steven *001-2300-1002 Yosemite Waters *001-4310-2130 *001-4310-21:30 *001-4350-1200 *001-4350-1200 *001-4310-2130 *001-4310-2130 *001-4314-1200 *001-4314-1200 4 4 3 r 4 4 4 V:)UCH'C-R 3.u1Si R =;E L;jE THRU.............05 h06i�7 * 4 "Er"AiD * * TRY/DUE 1NVO10E HSCRIP?ION AMOUNT LATE -hE.:r:. ----------------------------------------------------------------------------------- 4 70506F 01/4597 04/30 05/06 Audio/VisualSvcs-Mar/Apr 450.00 :TOTAL DUE VENDOR --------) 450.00 YamadaS 7 70506F 04/30 05/06 33511 RefundScrtyDepst-PrkRntl 50.00 TOTAL DUE VENDOR --------) 50.00 YosemWater 12 70506F 01/4640 04/30 05/06 Acct32645 EquipRent-SycCynPrk-Apr 12.04.;,-_ 16 70506F 01/4640 04/30 05/06 Acct32645 EquipRent-SycCpPrk 12. 5 70506E 02/4640 04/30 05/06 Acct32645 Supplies-Sydpfrk 14.' 7 70506F 02/4640 04/:30 05/06 Acct32645 Supplies-Syc^k 14 10 70506F 01/4641 04/30 05/06 Acct58292 EquipRent-HrtgPrk-Apr 7.` ` 14 10506F 01/4641 04130 05/06 Acct5$292 EquipRent-HrtgPrk-Feb/Na� 14" 4 70506F 02/4641 04/30 05/06 Acct56292 Supplies-HrtgPrk 72.µ 6 70506E 02/4641 04/30 05/06 Acct58292 Supp lies-HrtgPrk-Feb/?1r 98 : TOTAL DUE VENDOR --------) 244.35 TOTAL PREPAID -----------) 61,878.48 TOTAL DUE ---------------) 661,989.61 TOTAL REPORT ------------) 723,868.09 -N ` r J V♦ y r � ,-1 i. � .. � v, v , FUTURE TRANSAOi it;iZ REVENLE=XI:'ENSE ---------------------------- 1.164.00 5113.390,47 12,913. 9 3,140.05 6 ,35.84 '29 < 50 16, 562. 70 5 , !Y6.3 . `4 29, 752.41 4 61:(1,,42 4 `395. = TOTAL 123, 654.22 14 COQ 599,449.87 . - -`Rj �9t• G G/! GSE WILL 3uiE HAS POSTED ND ---------------------------- ---=--------------------------- 40W PAY � EbE., E EVENIiE EXPENSE -------------- ==nara: Fund 638,4.69 123,644.22 _LAD C9 Fund 12,913.39 3,140. J.. �`.'. .i.F. Rind 6, -5.4 1 __OFS Fund 16,562.70 2` _'L'SC Fund S7,3 t4 11. prop A -Transit F 762.41 ..O -_HD K8 'Fund j y: X4.62 i4 SAD #41 rand 4,995.23 i)-lbrary Service 6•.)2 FUTURE TRANSAOi it;iZ REVENLE=XI:'ENSE ---------------------------- 1.164.00 5113.390,47 12,913. 9 3,140.05 6 ,35.84 '29 < 50 16, 562. 70 5 , !Y6.3 . `4 29, 752.41 4 61:(1,,42 4 `395. = TOTAL 123, 654.22 14 COQ 599,449.87 . - -`Rj �9t• CITY OF DIOMnNn BAD AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 6, 1997 �� REPORT DATE: March 25, 1997 FROM: Linda G. Magnuson, Accounting Manager TITLE: Treasurer's Report - March 31, 1997 SUMMARY: Submitted for the City Council's review and approval is the Treasurer arch, 1997. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's office) Ordinance(s) _ Other: _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes —No by the City Attorney? 2. Does the report require a majority vote? _ Yes _ No 3. Has environmental impact been assessed? NIA _ Yes 4. Has the report been reviewed by a Commission? NIA —No _ Yes —No Which Commission? 5. Are other departments affected by the report? NIA _ Yes —No Report discussed with the following affected departments: REVIEWED BY: DEPARTMENT HEAD: Terrence L. Belau Frank M. Usher Linda G. Magnuson City Manager Assistant City Manager Accounting Manager CITY COUNCIL REPORT I:Te7A►17_T061 MEETING DATE: May 6, 1997 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - March 31, 1997 ISSUE STATEMENT: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the March, 1997 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for the Council's review and approval is the Treasurer's Statement for the month of March, 1997. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. The City's Deferred Compensation balances which are managed by ICMA are also being reported. The City receives ICMA statements on a quarterly basis. The balances reported are as of March 31, 1997. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT GENERAL FUND LIBRARY SERVICES FUND TRAFFIC SAFETY FUND GAS TAX FUND TRANSIT TX (PROP A) FD TRANSIT TX (PROP C) FD INTEGRATED WASTE MGT FD AIR QUALITY IMPRVMNT FD TRAILS & BIKEWAYS FD (SB 821) PARK FEES FUND S PARKS GRANT (PRP A) FD COM DEV BLOCK GRANT FD CITIZENS OPT -PUBLIC SAFETY F LANDSCAPE DIST #38 FD LANDSCAPE DIST #39 FD LANDSCAPE DIST #41 FD GRAND AV CONST FUND CAP IMPROVEMENT PRJ FD SELF INSURANCE FUND TOTALS SUMMARY OF CASH: DEMAND DEPOSITS: INVESTMENTS: March 31, 1997 $11,224,514.89 $639,549.33 $781,430.23 $128,332.78 $11,210,966.77 107,290.87 366.42 106,924.45 11,087.71 4,691.04 (15,778.85) (0.10) 2,574,256.90 96,383.86 (285,135.69) 2,385,505.07 1,692,564.54 83,164.00 66,550.91 1,709,177.63 1,924,734.52 200.00 1,924,934.52 123,203.57 6,401.65 5,197.16 124,408.06 108,877.65 14,758.84 1,405.52 122,230.97 25,811.70 25,811.70 374,389.42 374,389.42 (66,035.83) 57,020.00 (9,164.56) (18,180.39) (50,633.44) 41,987.00 10,133.18 (14,590.47) 191,483.93 4,754.29 136,729.64) 220,911.76 4,440.84 216,470.92 51,236.81 6,997.95 44,238.86 225,789.65 6,684.28 219,105.57 139,130.78 139,130.78 11,051.05 41,905.85 196,136.79 165,281.99 591,033.24 591,033.24 $19,480,699.92 $943,955.72 $929,866.63 $0.00 $19,494,789.01 GENERALACCOUNT PAYROLL ACCOUNT CHANGEFUND PETTY CASH ACCOUNT TOTAL DEMAND DEPOSITS TIME CERTIFICATES COMMERCIAL PAPER LOCAL AGENCY INVESTMENT FD TOTAL INVESTMENTS TOTAL CASH $304,009.41 1,799.50 175.00 500.00 $0.00 0.00 19,188,305.10 $306,483.91 19,188,305.10 $19,494,789.01 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. L.A.I.F - Effective Yield for February 1997 5.750% L.A.I.F - Effective Yield for March 1997 5.580% CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT March 31, 1997 GENERAL FUND $11,224,514.89 $639,549.33 $781,430.23 $128,332.78 $11,210,966.77 106,924.45 LIBRARY SERVICES FUND 107,290.87 PETTY CASH ACCOUNT 366.42 (15,778.85) (0.10) TRAFFIC SAFETY FUND 11,087.71 2,574,256.90 4,691.04 96,383.86 $0.00 (285,135.69) 2,385,505.07 GAS TAX FUND TRANSIT TX (PROP A) FD 1,692,564.54 83,164.00 66,550.91 1,709,177.63 1,924,934.52 TRANSIT TX (PROP C) FD INTEGRATED WASTE MGT FD 1,924,734.52 123,203.57 6,401.65 5,197.16 200.00 124,408.06 AIR QUALITY IMPRVMNT FD 108,877.65 14,758.84 1,405.52 122,230.97 25,811.70 TRAILS & BIKEWAYS FD (SB 821) 25,811.70 374,389.42 PARK FEES FUND S PARKS GRANT (PRP A) FD 374,389.42 (66,035.83) 57,020.00 (9,164.56) (18,180.39) COM DEV BLOCK GRANT FD (50,633.44) 41,987.00 10,133.18 (14,590.47) (33,370.09) 186,729.64 CITIZENS OPT -PUBLIC SAFETY F 191,483.93 4,754.29 4,440.84 216,470.92 LANDSCAPE DIST #38 FD 220,911.76 6,997.95 44,238.86 LANDSCAPE DIST #39 FD 51,236.81 6,684.28 219,105.57 LANDSCAPE DIST #41 FD 225,789.85 139,130.78 GRAND AV CONST FUND CAP IMPROVEMENT PRJ FD 139,130.78 11,051.05 41,905.85 196,136.79 165,281.99 SELF INSURANCE FUND TOTALS 591,033.24591,033.24 $19,480,699.92 $943,955.72 $929,866.63 $0.00 $19,494,789.01 MMARY OF C DEMAND DEPOSITS: GENERAL ACCOUNT $304,009.41 PAYROLL ACCOUNT 1,799.50 CHANGE FUND 175.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $306,483.91 INVESTMENTS: TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT FD 19,188,305.10 TOTAL INVESTMENTS 19,188,305.10 TOTAL CASH $19,494,789.01 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. L.A.I.F - Effective Yield for February 1997 5.750% L.A.I.F - Effective Yield for March 1997 5.580% CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT March 31, 1997 INVESTMENT: DEFERRED COMPENSATION ACCOUNT (AS OF 03/31/97) MA Retirement Corporation - 457 Plan: AGGRESSIVE OPPORTUNITY FUND 8,100.67 INTERNATIONAL FUND 8,000.35 GROWTH STOCK FUND 85,116.02 BROAD MARKET FUND 28,508.96 EQUITY INCOME FUND 3,840.38 ASSET ALLOCATION FUND 27,709.39 SOCIAL RESPONSIBILITY FUND 0.00 CORE BOND FUND 7,164.94 US TREASURY FUND 3,234.20 CASH MANAGEMENT FUND 749.82 PLUS FUND 294,013.36 GUARANTEED FUND 0.00 TRADITIONAL GROWTH 10,273.18 MS CAPITAL APPRECIATION 3,659.03 MS GROWTH & INCOME 3,742.91 TOTAL OF DEPOSITS 484,113.21 Note: These investment options are at the discretion of the employees Due to the complexity of the funds, which are solely handled by ICMA, the City is only reporting the balances available in in the various instruments The reporting period reflects the most current quarter reported by ICMA to the City. TOTAL CASH AND INVESTMENTS $19,978,902.22 All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. POOLED MONEY INVESTMENT ACCOUNT SUMMARY OF INVESTMENT DATA A COMPARISON OF FEBRUARY 1997 WITH FEBRUARY 1996 (Dollars in Thousands) FEBRUARY 1997FEBRUARY 1996 CHANGE Average Daily Portfolio $30,379,056 $28,484,590 +$1,894,466 Accrued Earnings $129,929 $127,371 +$2,558 Effective Yield 5.575 5.643 -.068 Average Life --Month End (in days) 260 263 -3 Total Security Transactions Amount $21,643,428 $19,469,454 + $2,173,974 Number 502 468 +34 Total Time Deposit Transactions Amount $450,700 $242,400 +$208,300 Number 38 23 + 15 Average Workday Investment Activity $1,227,451 $1,037,466 +$189,985 Prescribed Demand Account Balances For Services $139,307 $129,388 +$9,919 For Uncollected Funds $194,631 $152,210 +$42,421 LOCAL AGENCY INVESTMENT FUND* SUMMARY OF ACTIVITY FEBRUARY 1997 BEGINNING BALANCE DEPOSITS WITHDRAWALS $11,207,472,713.95 $899,691,000.00 $1,007,547,448.33 'Local Agency Investment Fund Invested Through Pooled Money Investment Account MONTH END BALANCE $11,099,616,265.62 Estimated Market Value Including Accrued Interest $ 29,039,821,700.30 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less than 90 days are carried at portfolio book value (carrying cost). Interest accrued from the date of purchase on CDs and BNs under 90 days is not included. NOTE: Market Valuation dated 3/31/96 has been corrected for an error in the market value of SBA securities. Estimated market value of SBA's was adjusted by + $3,807,997.19 Pooled State of California Money Investment Account Market Valuation 2/28/97 Description Carrying Cost Plus Accrued Interest Purch. Estimated Market Value Accrued Interest United States Treasury: Bills $ 2,066,058,429.89 $ 2,130,134,510.00 NA Strips $ 121,604,450.00 $ 146,403,200.00 NA Notes $ 5,839,576,934.39 $ 5,789,493,130.00 $ 41,168,943.77 Federal Agency: Bonds $ 908,826,141.87 $ 905,017,519.40 $ 10,887,383.08. Floaters $ 319,979,989.05 $ 320,153,700.00 $ 3,318,288.00 MBS $ 158,535,331.13 $ 155,157,284.03 $ 936,602.14 GNMA $ 3,364,914.06 $ 3,807,460.29 $ 32,425.05 SBA $ 200,806,659.28 $ 202,577,373.47 $ 2,006,077.83 FHLMC PC $ 30,756,722.94 $ 33,011,527.41 $ 493,965.80 Discount Notes $ 584,313,625.07 $ 595,175,500.00 NA Bankers Acceptances $ 403,196,826.01 $ 403,472,690.92 NA Corporate: Bonds $ 1,541,613,709.13 $ 1,537,010,143.37 $ 28,380,550.15 Floaters $ 500,695,656.16 $ 500,705,732.50 $ 6,225,710.22 CDs $ 7,582,668,642.05 $ 7,580,003,909.00 $ 29,230,705.02 Bank Notes $ 566,002,556.84 $ 565,790,841.45 $ 7,764,978.90 Repurchase Agreements $ - $ - NA Time Deposits $ 485,095,000.00 $ 485,095,000.00 NA AB 55 & GF Loans $ 1,751,229,161.00 $ 1,751,229,161.00 NA Commercial Paper $ 6,188,686,524.51 $ 6,200,659,026.39 NA Reverse Repurchase $ 394,500,000.00 $ ' 394,500,000.00 $ 1,021,638.89 TOTAL 1 $ 28,858,511,273.38 $ 28,910,397,709.23 $ 129,423,991.06 Estimated Market Value Including Accrued Interest $ 29,039,821,700.30 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less than 90 days are carried at portfolio book value (carrying cost). Interest accrued from the date of purchase on CDs and BNs under 90 days is not included. NOTE: Market Valuation dated 3/31/96 has been corrected for an error in the market value of SBA securities. Estimated market value of SBA's was adjusted by + $3,807,997.19 POOLED MONEY INVESTMENT ACCOUNT SUMMARY OF INVESTMENT DATA A COMPARISON OF MARCH 1997 WITH MARCH 1996 (Dollars in Thousands) MARCH 1997 MARCH 1996 CHANGE Average Daily Portfolio $28,119,688 $28,787,047 -$667,359 Accrued Earnings $133,274 $135,497 -$2,223 Effective Yield 5.580 5.557 +.023 Average Life --Month End (in days) 246 241 + 5 Total Security Transactions Amount $10,751,192 $19,326,617 - $8,575,425 Number 248 452 -204 Total Time Deposit Transactions Amount $131,900 $81,600 +$50,300 Number 28 15 + 13 Average Workday Investment Activity $518,243 $924,201 -$405,958 Prescribed Demand Account Balances For Services $152,758 $109,878 +$42,880 For Uncollected Funds $165,589 $135,878 +$29,711 LOCAL AGENCY INVESTMENT FUND* SUMMARY OF ACTIVITY MARCH 1997 BEGINNING BALANCE DEPOSITS WITHDRAWALS $11,099,616,265.62 $807,432,287.15 $1,287,229,801.21 *Local Agency Investment Fund Invested Through Pooled Money Investment Account MONTH END BALANCE $10,619,818,751.56 Estimated Market Value Including Accrued Interest $ 28,277,476,127.01 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less than 90 days are carried at portfolio book value (carrying cost). Interest accrued from the date of purchase on CDs and BNs under 90 days is not included. State of California Pooled Money Investment Account , Market Valuation 3131197 Description Carrying Cost Plus Estimated Accrued Interest Purch. Market Value Accrued Interest United States Treasury: Bills $ 1,333,938,902.13 $ 1,374,177,400.00 NA Strips $ 121,604,450.00 $ 146,651,250.00 NA Notes $ 5,889,663,174.03 $ 5,812,403,150.00 $ 58,918,366.58 Federal Agency: Bonds $ 958,734,586.31 $ 952,468,535.60 $ 12,932,918.45 Floaters $ 319,979,989.05 $ 320,123,850.00 $ 2,474,147.25 MBS $ 158,028,968.90 $ 151,912,158.63 $ 933,576.81 GNMA $ 3,171,767.00 $ 3,535,274.77 $ 30,564.21 SBA $ 205,281,379.65 $ 207,506,129.61 $ 2,049,760.54 FHLMC PC $ 30,237,323.95 $ 32,296,695.17 $ 485,640.57 Discount Notes $ 237,864,000.00 $ 246,727,500.00 NA Bankers Acceptances $ 233,253,250.05 $ 233,925,240.88 NA Corporate: Bonds $ 1,500,690,589.65 $ 1,493,001,576.29 $ 23,723,921.40 Floaters $ 500,580,693.98 $ 500,592,120.00 $ 5,610,303.93 CDs $ 6,758,690,245.25 $ 6,752,823,717.76 $ 50,362,389.46 Bank Notes $ 506,002,556.84 $ 505,533,022.40 $ 9,387,660.00 Repurchase Agreements $ 40,000,000.00 $ 40,000,000.00 NA Time Deposits $ 496,795,000.00 $ 496,795,000.00 NA AB 55 & GF Loans $ 2,529,222,333.00 $ 2,529,222,333.00 NA Commercial Paper $ 6,434,908,406.04 $ 6,460,779,556.50 NA Reverse Repurchase $ 149,250,000.00 $ 149,250,000.00 $ 657,632.81) TOTAL $ 28,109,397,615.83 $ 28,111,224,510.62 1 $ 166,251,616.40 Estimated Market Value Including Accrued Interest $ 28,277,476,127.01 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less than 90 days are carried at portfolio book value (carrying cost). Interest accrued from the date of purchase on CDs and BNs under 90 days is not included. C Z z mN oo v D 0 O m m m n r M to + Cl) y Z N O D m 4 N o ca w G' y 0 � to o W --4v D H Z v o r N N N N N N N N N O O co N N N1 N V O til NI tWjl VI OI j O � N N N N N N N !AI W' ...w Ce at 000 Go N1 O U1 O co to V ch CA O V 00 ! OF N N M N N N N J r► e O O lo N O N N N N N N N N: N w O N A N W W w'. » 14 � A W t�0 ftO N O N N N N N N N N +M► ; A W w � CO N W A to -4 W r 234 O . 4W N N N N N N O e O 0) + t0 NI N N N N o.: i......: m A 40 o a N N N N NCA to CA A O CD O tOJ1 N N N N J co J nt . e w en w � N N M cc 40 til OVD tO71 N N N N 1N J � too e N N N N *, W w AwO 00 � N A t71 tNr t7! A- N M N W O CN>t cm ic r �. Cl) ya ic 3M . Z C G' y � o m ima on US Z v T� V 0 ° m ° CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (,P-7 TO: Honorable Mayor and Members of the City Council Manager MEETING DATE: May 6,1997 FROM: Terrence L. Belan er, City Manager REPORT DATE: April 30,1997 TITLE: The 1996-97 Slurry Seal Improvement Program - Area Seven SUMMARY: The City of Diamond Bar is divided into seven areas for road maintenance programming purposes. This year's program includes patching and slurring of streets in Area 7. Specifications for the subject project are complete. RECOMMENDATION: That City Council adopt Resolution 97 -XX approving the specifications of the 1996-97 Slung Seal Project and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS: A Staff Report A Resolution(s) — Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications; (on file in Gly Cleric's office) — Other: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority or 415 vote? 3. Has environmental impact been assessed? Majority 4. Has the report been reviewed by a Commission? N/A — Yes _ No NSA Which Commission? —Yes _ No 5. Are other departments affected by the report? Report discussed with the following affected departments: —Yes X No REVIEWED BY: Terrence L. Belan r g Frank M. Usher �' rge A entz City Manager Assistant City Manager t�Engineer C: \ WP60\LINDAKAY\A GEN-9Tshaxy ep. 506 CITY COUNCIL REPORT AGENDA N0. MEETING DATE: May 6,1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: The 1996-97 Slurry Seal Improvement Program - Area Seven ISSUE STATEMENT: The project location for the 1996-97 Slurry Seal Program is Area Seven. This report presents the plans and specifications for the project RECOMMENDATION: It is recommended that the City Council adopt Resolution 97 -XX to approve the specifications of the 1996-97 Slung Seal Project and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY: The anticipated costs for Area 7 are proposed to be funded from the City's approved Capital Improvement Program. BACKGROUND: The City of Diamond Bar has been divided into seven areas. This project completes the first cycle for the street maintenance slung activities on a citywide basis. DISCUSSION: The slung program has been scheduled to be completed at this time to take advantage of the warmer weather. A map of the slung area 7 is attached. Specifications have been completed. The goal is to complete approximately 15 miles of street The area in question includes several streets which have extensive deterioration due to age. Staff is suggesting that we proceed on the following basis: Slurry seal the entire area, plus Sunset Crossing from the SR -57 westerly to the cul-de-sac; Repair damaged curb and gutter and sidewalks as part of the activities in the area; SLURRY SEAL PLANS AND SPECIFICATIONS MAY 6,1997 PAGE 2 Replace a minimum of 18,000 square feet of damaged pavement area; Include optional pavement repair up to 122,000 square feet depending on the total cost All work will be performed based on previous slurry guidelines for advance scheduling, notification to residents, liquidated damages, and a realistic completion schedule by the contractor. All customary bonds and insurance will be required. Staff expects to recommend award for construction and maintenance at the City Council meeting on June 3, 1997. Anticipated schedule: Approval of plans and specifications May 6,1997 Bid Opening May 27,1997 Award of Contract June 3,1997 Notice to Proceed June 16,1997 Start of construction June 16,1997 Completion date July 30,1997 Prepared By: merge A. Wentz C:lwp60ll N DAKAYICCR-97WUrryspcs.506 2 IT BY: CHARLES ABBG Ao — CITY OF DIAMOND BAR SLURRY SEAL PROJECT -AREA 7 TOTAL LENGTH: 14.52 MILES CONTRACTOR LICENSE REQUIRED: AOR C12 OR C32 io HOLT AVE - WALNUT © MISSION tv0. POMON A v 8� AMOND. SAN 13ERNARDINO VALLEY BAF.' • . COUNTY -9� O Q *qk-PRO- ... JECT �� PAiHFIN ER SITE CHINO HILLS VICINITY MAP NOT TO SCALE INDEX OF SHEETS SHEET 1 TITLE SHEET SHEET 2-4 LOCATION MAPS SHEET 5 TYPICAL SECTION SHEET 6-7 PAVEMENT MARKING DETAILS REFERENCES: 680,(C,G-1,2) 640,(C,G-7) TG_ 1996 ED. 640,(D,E-6) CHECKED: sr+EET 1 OF 7 Sr+TS. �PROjECT ENGINEER: R.C.C. NO. DESIGNED: pwG. 0 CHOW DB -ARE A7.pv�G 46555 D. CHOW D. CHOW Np. - 53 cz cl ce 123Q LL U { CITY OF DIAMOND BAR SLURRY SEAL PROJECT - AREA 7 PROJECT NO. SHEET TG: 640, (C-':) & (0 6,7) DRAWN: Cvs 2 SCALE: i"= 600' GATE: 4/24/97 L-- �� 54 SENT 3Y: All IN J t V_ IM -3 CITY OF DIAMOND BAR TG: 640 (D.E - 6,7) DR AVM: SCALE: 1"= 6CO' DATE: rm W W DR SLURRY SEAL PROJECT - AREA 7 CVS PROJECT NO. SH EE 3 4/24/97 55 n tTi W 2 V) W Til In �Af p� vt0l �D SUNSET 1 SUNSET CROSSING ALL RD (FRONTAGE) DRY CiTJCC - I I Y'-- 2 OF DIAMOND AR SLURRY SEAL PROJECT - AREA 7 TG: 680 (C.G DRAOWN- CVS PR0.IEC:T Nci. TSHEET SCALE: 1 = 60Q' DATE: 4/24/97 4 M RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEAL, AREA SEVEN IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. B. Recitals (i) WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City. (ii) WHEREAS, the City has prepared plans and specifications for the construction of certain improvements. B. Resolution NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City be and are hereby approved as the plans and specifications for: The 1996-97 Slurry Seal Program for Area Seven BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be inform and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of the City of Diamond Bar, on or before the hour of 2:00 p.m. on the 27th day of May, 1997, sealed bids or proposals for: The 1996-97 Slurry Seal Program for Area Seven Bids will be opened and publicly read immediately thereafter. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar clearly marked: 1 "Bid: City of Diamond Bar 1996-97 Slurry Seal Program, to be opened at 2:00 p.m. on the 27th day of May, 1997. 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 work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. The Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code § 1775, the Contractor shall forfeit, as penalty to the City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workmen, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of § 1777.5 of the Labor Code, as amended, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in § § 177.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. § 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers 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: 04, Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code § 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City. If the City awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment Of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C-12 and/or C-32 contractor at time of bid in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000, et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the Office of the City Clerk. Copies of the plans and specifications will be furnished upon application to the City and payment of $20.00, said $20.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $10.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's 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 reserves the right to reject any and all bids. No bidder may withdraw a bid for a period of sixty (60) days after the date of the bid opening. By order of the City Council of the City of Diamond Bar. Dated this day of r 1997. PASSED, APPROVED AND ADOPTED day of 1997 MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of 1997, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - LYNDA BURGESS, City Clerk City of Diamond Bar C:\WP60\LINDAKAY\RESO-97\SLURRY.506 5 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. � , I? TO: Honorable Mayor and Members of the City Council Manager MEETING DATE: May 6, 1997 REPORT DATE: April 30,1997 FROM: Terrence L. Belanger, City Manager TITLE: Brea Canyon Road and Pathfinder Road Street Rehabilitation Project SUMMARY: Brea Canyon Road from Golden Springs Drive to northerly City limit and Pathfinder Road from Diamond Bar Boulevard to Shaded Wood Road are in need of pavement rehabilitation. The existing pavements for Brea Canyon Road and Pathfinder Road have been analyzed and evaluated in order to determine the most practical and economical approach for the roadway improvements. Based on the findings of the pavement evaluation, plans and specifications for the project have been prepared. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to approve the plans and specifications of the Brea Canyon Road and Pathfinder Road Street Rehabilitation Project and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution X Bid Specifications (on file in City Clerk's Office) _ Ordinances(s) _ Other Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes —No 4. Has the report been reviewed by a Commission? N/A —Yes —No Which Commission? 5. Are other departments affected by the report? —Yes X No Report discussed with the following affected departments: REVIEWED BY: TerreAce elanger City Manager C:\WP60\LINDAKAY\AGEN-97\BrCynReh.506 Frank M. Usher Assistant City Manager ,rc. eo46A.en� City Engineer CITY COUNCIL REPORT AGENDA NO._ MEETING DATE: May 6,1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Brea Canyon Road and Pathfinder Road Street Rehabilitation Project ISSUE STATEMENT: Brea Canyon Road from Golden Springs Drive to northerly City limit and Pathfinder Road from Diamond Bar Boulevard to Shaded Wood Road are in need of pavement rehabilitation. Based on the findings of the pavement evaluation, plans and specifications have been designed and completed accordingly. RECOMMENDATION: It is recommended thatthe City Council adoptthe attached Resolution to approve the plans and specifications of the Brea Canyon Road and Pathfinder Road Street Rehabilitation Project and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY: The Brea Canyon Road Improvement is estimated to cost $315,000, and the Pathfinder Road Improvement is estimated to cost $320,000, excluding any contingencies. The total allocated project budget is $450,000 Prop. C Fund for Brea Canyon Road, and $350,000 Gas Tax Fund for Pathfinder Road. BAC KG RO U N DIDI SC U SSI O N : Brea Canyon Road from Golden Springs Drive to northerly City limit and Pathfinder Road from Diamond Bar Boulevard to Shaded Wood Road are in need of pavement rehabilitation and/or reconstruction. To determine the most practical and economical approach for restoring the streets to full function, the existing pavements on Brea Canyon Road and Pathfinder Road have been tested, analyzed, and evaluated. Based on the findings of the pavement evaluation, asphalt rubber hot mix (ARHM) overlay of various thickness from 1314" to 21 /2" over a leveling course will be utilized for Brea Canyon Road and asphalt concrete overlay of 1 112" to 2" thickness over pavement reinforcing fabric for Pathfinder Road will be utilized. Plans and specifications for the project have been prepared. The work to be performed under the specifications consists of the rehabilitation of the existing road pavements, striping, and construction of concrete bus pads. The project area includes approximately 1/2 mile of Brea Canyon Road and 1 mile of Pathfinder Road. RESOLUTION NO. 97- A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS OF BREA CANYON ROAD FROM GOLDEN SPRINGS ROAD TO NORTHERLY CITY LIMITS AT U.P.R.R. AND PATHFINDER ROAD FROM SHADED WOOD ROAD TO DIAMOND BAR BOULEVARD FOR THE STREET REHABILITATION PROJECT, 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 of Brea Canyon Road from Golden Springs Drive to Northerly City Limits at U.P.R.R. and Pathfinder Road from Shaded Wood Road to Diamond Bar Boulevard for the Street Rehabilitation Project. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10 o'clock a.m. on the 4`h day of June 1997, sealed bids or proposals of Brea Canyon Road from Golden Springs Drive to Northerly City Limits at U.P.R.R. and Pathfinder Road from Shaded Wood Road to Diamond Bar Boulevard for the Street Rehabilitation Project. 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. 4 percent (1596) in the ninety (90) days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the ixcl� 01 a�C0�1� 1�l01I0n01 �,6drrT�,6u16u�2 0{ �,6GF7 Out 7��� • 2 5uq T��� ' � ,lu ��16 6UJbjON116IJ� 0� 1W6 G01J;L9C;OL gVq UPGOIJ�LUG;OZ flgK jJTUJ COUlbj% MT�� f pG rrrs Kru3 cFr cou�zTPnCrc>u2 cYz c�z u4 -rte oG'T-T6 =- GouG-sc-oz.z acbSp�a 6aTz a4 9bbx- - o Jo 6Jui>b� alR �bb�i b co __ SY6 couFzsccoz i� 64 co ... K cc.uF zsPncTovz co �rrzrgz s sa6 of u s�� 4-Ysu ova sbbz�vc _ � F'o ra�F - orzzvoJuou - 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 bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, 's bond, payable to the City of Diamond Bar or bidder certified check, cent (10%) of the amount of said for an amount equal to at least ten per bid as a guarantee that the bidder ill enter intot of failenter if the same is awareContract enterinto ded to him, and e e such Contract said cash, cashier's chccheck, or bond shall Barified become the property of the City of Diamond If the City of Diamond Bar awards the contract to the nextlowest bidder, the amount lowest of the lowest bidder's security shall be app rence bett nd the the City of Diamond Bar to the diffeshall he returned to the second lowest bid, and the surplus, if any, lowest bidder. The amount of the bond to be given to secure a faithful percent performance of the contract for hereof, wand aork hlabor all eand ematefiaf bond in (100%) of the contract price rice for an amount equal to one hundred percent (100%) for e of contract any said work shall be given to secure the payment of the work materials or supplies furnished for theor any work or labor of any contracted to be done by the Contractor, and the Contractor will also be required to furnish a kind done thereon, his under contract which may be entered into certificate that he carries one compensation insurance covering employees upon work to be between him and the said City of Diamond Bar for the construction o said work. tractor No proposal will be considered from in naccordancewho with the licensed as a contractor at time e the Contractor'es.) and rules and regulations License Law (California Business an provisions of d Professions Code, Section 70 00 et adopted pursuant thereto or to whom a proposal form has not been issue by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and snd Bar on file in the office of the pecifications of the City of Diamo Hall, Diamond Bar, California. Copies of the City Clerk at the City lica plans and speciftion to the City icatooneiof $30 f001 said $30-00 app non-refundable. of Diamond Bar and payment the bidder, copies of the plans and Upon written request by accompanied by specifications will be mailed when said request is together with an additional nonreimbursable payment stipulated above, payment of $10.00 to cover the cost of mailing charges and overhead. 7 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. By order of the City Council of the City of Diamond Bar, California. Dated this day of 1997. PASSED, ADOPTED and APPROVED by the City Council of the City of Diamond Bar, California, this day of , 1997. Mayor ATTEST: City Clerk 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 Council of the City of Diamond Bar, California, at its regular meeting held on the day of 1997, 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 8 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. � nonoraute Mayor ana Members of the City Council Manager MEETING DATE: May 6,1997 REPORT DATE: April 30,1997 FROM: Terrence L. Belanger, City Manager TITLE: Brea Canyon Road and Pathfinder Road Street Rehabilitation Project SUMMARY: Brea Canyon Road from Golden Springs Drive to northerly City limit and Pathfinder Road from Diamond Bar Boulevard to Shaded Wood Road are in need of pavement rehabilitation. The City Council will be authorizing staff to advertise for bids for the Brea Canyon Road and Pathfinder Road Street Rehabilitation Project At this time, the City proposes to award a construction administration contract to the most qualified consultant RECOMMENDATION: That the City Council authorize the Mayor to enter into a Professional Services Agreement with Norris-Repke, Inc. for construction administration/inspection services in an amount not -to - exceed $31,659 and provide a contingency amount of $5,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $36,659. LIST OF ATTACHMENTS: X Staff Report _ Resolution _ Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification —Bid Specifications (on file in City Clerk's Office) _ Other 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A —Yes —No 4. Has the report been reviewed by a Commission? N/A —Yes —No Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: REVIEWED BY: VTerrenclanger City Manager C:\WP60\LINDAKAY\AOIN-97\BrCj�dmWishi im.506 Frank M. Usher Assistant City Manager David G. Liu, P. 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Dewan, Lundin & Associates RKA Civil Engineers, Inc. GFB-Friedrich & Associates PROPOSED COST* $31,659 OO $31,220 0 $32,950 O $39,124 INSPECTOR HOURLY RATE $501hr. $45/hr. $64/hr. $50/hr. * Based on a construction period of 90 calendar days. The project is scheduled to begin in May. © Assumed part time only (4 hrs./day) needed during the first two and final two weeks. Remainder of the construction period will be 8 hrs./day. 0 Based on 8 hrs./day for 67 working days. O Assumed two site visits per day (each of 1 to 2 hour duration) during the pavement removallreplacement phase for approximately 8 weeks and 4-6 hours/day during the pavement overlay phase for approximately 4 weeks. ® Assumed a total of 448 hours for 67 working days. In light of the above mentioned criteria, and Norris-Repke, Inc. detailed knowledge of the project, it is recommended that the City award the professional services contract agreement to Norris-Repke, Inc. The City will implement a "Brea Canyon Road and Pathfinder Road Street Rehabilitation Project Hotline" and Norris-Repke, Inc. will provide the message, monitor the calls and respond to any concerns, 7 days a week, with responses to be made within 24 hours. Norris-Repke, Inc., with Mr. Noel Torkelson and Mr. Chris Wiberg as the projectileam, wiN closely monibathe ninety (90) calendar day construction schedule for strict adherence, provide full-time inspection and quality control services, traffic control, video documentation, utility company coordination, and plan and specifications review. Prepared By: David G. Liu c:lwp6Nindakaylccr-97MNcyadministration.506 CONSULTING SERVICES AGREEMENT ON-CALL CIVIL ENGINEERING THIS AGREEMENT is made as of May 6. 1997 by and between the City of Diamond Bar, a municipal corporation ("City") and Norris-Rgpke. Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated January 2- 1997. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated January r 24, 1997, to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect May 7.1997, and shall continue until December 19, 1997, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed thirty-one thousand sig hundred fifty-nine dollars ($31.659.00). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: Norris-Repke, Inc. City of Diamond Bar Norris-Repke, Inc. 21660 East Copley Drive Warren Repke, P.E. Suite 100 600 N. Tustin Ave., # 250 Diamond Bar, California 91765-4177 Santa Ana, CA 92705-3736 714 973-2230 FAX 714 973-2263 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement_ Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Fedcral or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perrorm all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemniA, the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, 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 the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liabilit-\- insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greeter. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ics) as to comprehensive general liability, property damage, and automotive liability. The policy (les) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent. use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills; invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in \«iting pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. "tca above, A„^ityn TTEST: By: City Cleric Approved w to form; By: City Attorney "CONSULTANT" Acer m. �'n e. inl. By '- 'IV Its; Peeslyal CITY OF DIAMOND BAR By: Mayor G1Wft0lVDAKAV%A0RiA.VM1U-HBCYN ADMWJ6MT10NJ06 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: rry T0: Honorable Mayor and Members of the City Council MEETING DATE: May 6, 1997 REPORT DATE: April 30, 1997 FROM: Terrence L. Belanger, City Manager TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Specifications for the Construction of Sidewalks on Aspen Grove Lane in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. SUMMARY: Aspen Grove Lane has had a history of reported sidewalk damage due to overgrown roots. The street was originally planted with Liquid Ambers. Four of these original trees have been removed within the past few years and the sidewalks concurrently replaced. The remaining trees have caused more sidewalk damage that is irreplaceable if the trees are to remain. Much of the sidewalk is broken, raised and buckled, creating a difficult path for pedestrians. Under the 1996-97 Los Angeles Urban County CDBG (Community Development Block Grant) Program, $106,270.00 of CDBG federal funds was allocated for the construction of sidewalks on Aspen Grove Lane in the City of Diamond Bar. At this time, bid specifications have been prepared. RECOMMENDATION: That the City Council adopt Resolution No. 97 -XX approving the bid specifications for the Construction of Sidewalks on Aspen Grove Lane in Diamond Bar, and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS X Staff Report X Resolution(s) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification X Bid Specifications (on file in City Clerk's Office) Other I . Has the resolution, ordinance or agreement been reviewed x Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A Yes _ No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Community Services Department, Community Development Dept. & City Manager RF.VIFWED BY Terrence L. Belang r Frank M. Usher City Manager Assistant City Manager eorge A. Wentz City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 25, 1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: A Resolution of the City Council of the City of Diamond Bar Approving Specifications for the Construction of Sidewalks on Aspen Grove Lane in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. ISSUE STATEMENT To comply with ADA requirements providing for safe and contiguous pedestrian access. RECOMMENDATION That the City Council adopt Resolution No. 97 -XX approving the bid specifications for the Construction of Sidewalks on Aspen Grove Lane in Diamond Bar, and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY $106,270.00 of CDBG federal funds has already been approved and incorporated into the FY 1996-97 budget for these sidewalk improvements. Engineer's estimate for this project is $50,000.00, excluding contingencies. BACKGROUND/DISCUSSION Aspen Grove Lane has had a history of reported sidewalk damage due to overgrown roots. The street was originally planted with Liquid Ambers. Four of these original trees have been removed within the past few _years and the sidewalks concurrently replaced. The remaining trees have caused more sidewalk damage that is irreplaceable if the trees are to remain. Much of the sidewalk is broken, raised and buckled, creating a difficult path for pedestrians. Under the 1996-97 Los Angeles Urban County CDBG (Community Development Block Grant) Program, $106,270.00 of CDBG federal funds was allocated for the construction of sidewalks on Aspen Grove Lane in the City of Diamond Bar_ The Department of Public Works, in coordination with the Department of Community Services, initiated a Public Forum to discuss the proposed project with the area residents. The forum was held on Wednesday, April 23. 1997 at 6:30 p.m. at the Diamond Bar Hills -Club. All affected residents were notified through mailings made on April 17, 1997. Also, the residents were hand delivered copies of the notification on Monday, April 23, 1997. Fliers advertising the forum were placed on all parkway trees on Aspen Grove on Tuesday, April 22, 1997, as a reminder to the residents. Twenty-six residents from the forty-nine affected homes attended at the Public Forum. All aspects of the project, including scheduling, tree removal and replacement, notification for work, tree replacement, types of trees, future mitigation and maintenance, etc., were discussed. The residents expressed their concerns regarding the potential safety hazards created by the roots of the existing trees. They were made aware of the change of atmosphere once the trees were removed, but were still enthusiastic and positive about the entire project. Staff has prepared the bid specifications for the construction of sidewalks on Aspen Grove Lane. These specifications have been forwarded for review and approval by the Office of Affirmative Action on April 29, 1997. The project consists of 32 parkway trees to be removed, 3400 square feet of sidewalk to be removed and reconstructed, 60 square feet of driveway approaches to be removed and reconstructed, and 400 linear feet of curb and gutter to be removed and reconstructed. As a separate project to be administered by the Community Services Department, 46 new parkway trees will be replanted. 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 fifteen (15) working days. * Liquidated damages of $ l 00/day for non-performance. * Compliance with CDBG 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 May 6, 1997 for approval and authorize City_ Clerk to advertise for bids Bid Opening June 9, 1997 .Award of Contract June 17, 1997 :Notice to Proceed June 30, 1997 Start of Construction June 30, 1997 Completion of Construction July 21, 1997 Prepared By: Rave E Mlanela RESOLUTION NO. 97 - A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE CONSTRUCTION OF SIDEWALKS ALONG ASPEN GROVE LANE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. This is a Federally assisted construction contract and Federal labor standards, including the Davis -Bacon requirements and Section 3 requirements, will be enforced. If Federal and State wage rates are applicable, then the higher of the two wild prevail. " 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 specifications for the construction of sidewalks. 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 Aspen Grove Lane. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of seated bids or proposals for doing the work specified in the aforesaid specifications, which said advertisement shall be in the form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, 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 9th day of June, 1997, sealed bids or proposals for the Construction of Sidewalks along Aspen Grove Lane. 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 along Aspen Grove Lane in 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 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 herein before 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. 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 herein before 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 (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor- who is not licensed as a (Class A and/or C-8) AND (C-27 and/or D-49) 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 specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the specifications will be furnished upon application to the City of Diamond Bar. Upon written request by the bidder, copies of the 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. By order of the City Council of the City of Diamond Bar, California. Dated this day of May 6, 1997. PASSED, APPROVED AND ADOPTED by the City Council of the City this 6th day of May, 1997. MAYOR ATTEST: CITY CLERK 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 6th day of May, 1997, 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 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. _LL? TO: Honorable Mayor and Members of the City Council Manager MEETING DATE: May 6,1997 REPORT DATE: April 30,1997 FROM: Terrence L. Belanger, City Manager TITLE: Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Palomino Drive SUMMARY: Diamond Bar Boulevard, between Grand Avenue and Palomino Drive, is in need of pavement rehabilitation and/or reconstruction. On March 4,1997 the City Council authorized staff to advertise for bids for the Diamond Bar Boulevard ReconstrucUon/Rehabilitation Project At this time, the City proposes to award a construction contract to the lowest responsible bidder. RECOMMENDATION: Thatthe City Council award a construction contractto Vance Corporation in the amount not -to -exceed $932,950, and provide a contingency amount of $100,000 for project change orders to be approved by the City Manager, for a total authorization amount of $1,032,950.00. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _Resolution _ Bid Specifications (on file in City Clerk's Office) _ Ordinances(s) _ Other X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A —Yes —No 4. Has the report been reviewed by a Commission? N/A —Yes —No Which Commission? 5. Are other departments affected by the report? —Yes X No ReDort discussed with the following affected departments: REVIEWED BY: 11, 1 Terrence L. Belang City Manager C:\WP60\LINDAKAY\AGEN-97\DBrehab.506 Frank M. Usher rge A. Wentz Assistant City Manager City Engineer CITY COUNCIL REPORT MEETING DATE: May 6,1997 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Palomino Drive ISSUE STATEMENT: The City proposes to award a contract for the Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Palomino Drive to Vance Corporation, the lowest responsible and most qualified bidder. RECOMMENDATION: That the City Council award a construction contract to Vance Corporation in the amount not -to -exceed $932,950.00, and provide a contingency amount of $100,000 for project change orders to be approved by the City Manager, for a total authorization amount of $1,032,950.00. FINANCIAL SUMMARY: The total allocated project budget is as follows: ISTEA: $1,000,000 PROPOSITION A: $ 50,000 PROPOSITION C: $ 60.000 TOTAL AVAILABLE FUNDS $1,110,000 BAC KG RO U N DIDI SC U SSI O N On March 4, 1997, the City Council authorized staff to advertise and receive bids for the Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Palomino Drive. In response to the advertisements, a total of twenty-one (21) contractors obtained plans and specifications for the project Formal bids were received and opened on March 27,1997 from fourteen (14) firms. This project includes the utilization of Asphalt Rubber Hot Mix (ARHM) overlay of 2" thickness over 3/4" leveling course. 1 DIAMOND BAR BLVD. R ECONSTRUCTI ONIREHABI LITATI ON MAY 6,1997 PAGE 2 Specifically, the sections are as follows: • From Grand Avenue to approximately 150' north of Clear Creek Canyon Dr.; • Northbound travel lanes from approximately 150' north of Clear Creek Canyon Dr. to Goldrush Dr.; • From Goldrush Dr. to immediately north of Golden Springs Dr.; and • Southbound travel lanes and northbound travel lanes (excluding northbound shoulder lane) from Golden Springs Dr. to 500' north of Golden Springs Dr. Additionally, the following sections of Diamond Bar Boulevard will be reconstructed with 2" ARHM/6112" AC/9" crush aggregate base: • Southbound travel lanes from approximately 150' north of Clear Creek Canyon Dr. to Goldrush Dr.; • Northbound shoulder lane from Golden Springs Dr. to 500' north of Golden Springs Dr.; and • From 500' north of Golden Springs Dr. to Palomino Dr. The bids received were as follows: 2 Company Base Bid Amount 1. Vance Corporation $ 932,950.00 2. Silvia Construction Inc. $ 998,700.70 3. Excel Paving Company $1,007,480.00 4. Calmat Company $1,015,075.00 5. Gentry Brothers Inc. $1,019,229.00 6. Sully -Miller Contracting Company $1,036,445.00 7. Gueno Development Company Inc. $1,041,445.00 8. Griffith Company $1,052,515.00 9. R.J. Noble Company 1,076,572.50 10. Riverside Construction $1,080,000.00 11. Summit Contracting $1,106,130.00 12. Sequel Contractors Inc. $1,112,097.00 13. All American Asphalt $1,143,903.50 14. J.E.G. Construction Company, Inc. $1,175,295.00 2 DIAMOND BAR BLVD. RECONSTRUCTION/REHABILITATION MAY 6,1997 PAGE 3 The bid of $932,950.00 submitted by Vance Corporation, has been determined by staff to be the lowest responsible bid. Vance's references have been contacted and staff has received favorable responses. Prepared By: C:IWP60V-I N DAKAYICCR-9'AD Brdvb.506 3 The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between VANCE CORPORATION hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR VANCE CORPORATION and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT FROM GRAND AVENUE TO PALOMINO DRIVE 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 DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT FROM GRAND AVENUE TO PALOMINO DRIVE in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated MARCH 4, 1997, (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated March 24. 1997, 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. ;_4 R we];O The CONTRACTOR agrees to complete the work within ninety (90) calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) 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 agreement. 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. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' 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. The 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 E insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted 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 the policy; 4) Contain a clause substantially in the 3 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 the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee 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 the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk 4 of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job'site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 5 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 ("Idemnitees") 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 or employees of the CONTRACTOR, of his subcontractor's 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. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees 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. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising 0 proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated March 24, 1997 . 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may City, without cause, upon the giving of Termination" to CONTRACTOR at least thirty date of termination specified in the notice. termination, CONTRACTOR shall only be paid and expenses necessarily incurred prior to termination. 7 be terminated by the a written "Notice of (30) days prior to the In the event of such for services rendered the effective date of IN WITNESS WHEREOF', the 8artiee here it d vbye law ten this Agreement with all the formalities requ respective dates set forth oPPOsite their signatures. State of California 'CONTRACTOR'S" License No.4d1=A--- r Pate By: TITLE CITY OF DIAMOND BART CALIFORNIA By: ].OR Date ATTEST: By. CITY CLARK Date ono 355-4331 �sr 909 355-x834 CONTRACTOR*S Business Phone -- Emergency Phope at which CONTRACTOR can be reached at any time APPROVED AS TO SORX: CITY A T Date c:\w6a\zzmmo►16-17\\ It iA •hos construction REVISION 1996-97 8 CITY OF DlAmoND RAR AGENDA REPORT AGENDA N0. �•( I TO: Honorable Mayor and Council Members MEETING DATE: May 6, 1997 REPORT DATE: April 29, 1997 FROM: Terrence L. Belanger, City Manager TITLE: AWARD OF CONTRACT FOR PETERSON PARK ADA RETROFIT SUMMARY: The City Council authorized the advertising of bids for the installation of the Peterson Park ADA Retrofit. Bids were received from eight (8) contractors, which were opened and publicly read on April 17, 1997. The lowest qualified bidder is MJS Construction, Inc. for a base amount of $150,384.50. The base bids ranged from $150,384.50 to $214,412. A bid alternative item consisted of a perimeter walkway around the park. The walkway is recommended by the Parks and Recreation Commission and the Parks Master Plan Consultants. The walkway addition would consist of an additional $34,102. The total contract if the bid alternative is accepted would be $187,486. The construction is being funded through Community Development Block Grant (CDBG) funds. RECOMMENDATION: It is recommended that the City Council award the contract for the Peterson Park ADA Retrofit to MJS Construction Inc. the lowest responsible bidder, in the amount of $187,486.50, plus a contingency amount of $15,000. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) X Bid Specification (on file in City Clerk's office) _ Ordinance(s) _ Other: X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Has the resolution, ordinance or agreement been X Yes —No reviewed by the City Attorney? Does the report require a majority vote? NIA _ Yes —No Has environmental impact been assessed? N/A _ Yes —No Has the report been reviewed by a Commission? L Yes —No Which Commission? Parks & Recreation Commission Are other departments affected by the report? _ Yes x No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Ba g City Manager Frank M. Usher Assistant City Manager .4& � Zf/ Kellee A. Fritzal Assistant to the ity Manager AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between MJS Construction Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR MJS Construction, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the ADA Retrofit of Peterson Park in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the ADA Retrofit of Peterson Park in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated March 4, 1997 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2 INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated April 17, 1997, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. TERMS OF CONTRACT Since this is a Federally assisted construction project, Davis -Bacon will be enforced, and if the State and Federal wage rates are applicable, then the higher of the two will be used. The Federal Labor Standards provisions (Form HUD -4010) and the Federal Wage Determination are attached and made part of this agreement, and compliance will be enforced. Any prime contractor or subcontractor working on a Federally assisted project must be eligible to participate. Any agreement must contain the same Federal language. The CONTRACTOR agrees to complete the work within ninety (90) workin& days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) 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 agreement. 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. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' 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. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the v,�,rn-k provided for herein, insurance with the following minimum limits and coverage I ) Public Liability - Bodily Injury (not auto) $500,000 each person, $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident, $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. 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 admitted 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 the 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 the City. d. The policy of insurance provided for in subparagraph a, shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c (2) hereof to be listed as additional 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. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee 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 the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of' Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (S) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work herein before mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the 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 ("Idemnitees") 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 or employees of the CONTRACTOR, of his subcontractor's 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. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees 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. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are 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 hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees_ 10 NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 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 April 17, 1997 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the elective date of termination. \` V• H. W OF. Ihr pa tees I,trrW have executed this Agreement with ,ill the furm.drr,es requ:reu h", Ow vii the respc�t,e dates Sit Iorlh Apposite (heir sjynatu►r. State of C alil0t't1i,r "t'()N I R,-\CTCJR'%` 11ccnse N�3 `t96 4D _ `t 30(9 '1 ---- Date �--- I ITLE crt 1' or DIAMOND BAR, CALIFORNIA --- __ By - uatc ;MAYOR A -J I I-.S'I By -- — C!'1 Y CI,ERK Date COW KAI'' FOR'S $usinr.w Pht,m: Lntcrienry ('hone at hich CoNTRAC I OR can be teached m .uiy time S�Z x'22 Osgg Al"PK0\oED ,NS TO FORM CI f1 I (m\\ -Y here CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: May 6, 1997 REPORT DATE: April 29, 1997 FROM: Terrence L. Belanger, City Manager TITLE: Award of Geotechnical Investigation Services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive). SUMMARY: On March 14, 1997, the Department of Public Works solicited proposals for geotechnical investigation services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive). On April 7, 1997, three proposals, from Converse Consultants West, Engineering & Environmental Geology Assoc. and Kleinfelder, were received. At this time the City proposes to award the engineering services contract to the most qualified consultant. RECOMMENDATION: That the City Council award the engineering services contract to Converse Consultants West for Geotechnical Investigation Services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive), in an amount not -to -exceed $16,766.00 and provide a contingency amount of $2000.00 for contract amendment(s) to be approved by the City Manager, for a total _ authorization amount of $18,766.00. LIST OF ATTACHMENTS: X Staff Report Resolution(s) _ Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specification (on file in City Clerk's Office) Other: Has the resolution, ordinance or agreement been reviewed by the City Attorney? Does the report require a majority or 4/5 vote? Has environmental impact been assessed? Has the report been reviewed by a Commission? Which Commission? Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Terrence L. Be"n er City Manager Frank M. Usher Assistant City Manager x Yes _ No Majority N/A _ Yes _ No N/A _ Yes _ No N/A _ Yes _ No 7 eorge A. Wentz City Engineer CI I Y COUINCIL REPORT AGENDA NO. MEETING DATE: May 6, 1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L.Belanger, City Manager SUBJECT: Award of Geotechnical Investigation Services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive). ISSUE STATEMENT The City desires to retain Converse Consultants West for the geotechnical investigation services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive). RECOMMENDATION That the City Council award the engineering services contract to Converse Consultants West for Geotechnical Investigation Services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive), in an amount not -to -exceed $16,766.00 and provide a contingency amount of $2000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $18,766.00. FINANCIAL SUMMARY The total allocated project budget is $40,000.00 from Gas Tax Fund. BACKGROUND/DISCUSSION On March 14, 1997, the Department of Public Works solicited proposals from the four (4) On - Call Soils and Geotechnical Consultants for geotechnical investigation services for Chinook Place/ San Leandro Drive (and vicinity streets including Covered Wagon Drive, Ballena Drive, Bregante Drive). On April 7, 1997, three proposals, from Converse Consultants West, Engineering & Environmental Geology Assoc. and Kleinfelder, were received. The firms were asked to describe and discuss the scope of work they felt necessary to adequately determine the cause and remedy to the existing seepage problems. The Request For Proposal provided the general guidelines and minimum requirements needed in order for the consultants' proposed scope of work to be responsive and include basic information. Based on these responses, the three proposals were reviewed and compared to determine the best attributes of each and to select the most qualified firm. Key elements of the review included: • Understanding of the problem and approach, • Experience of the staff assigned to perform the proposed work effort; • Background and experience of the firm; • Proposed work effort, • Timing, and • Cost Rates. Based on the above, staff selected Converse Consultants West. Following the preliminary selection, the overall scope of work was then reviewed to assure that the final work effort was all inclusive and contained the desired work elements. Key aspects of Converse's proposal includes: • Review of the City's Concern Files, the Building and Safety Department files and various tract files; • Geologic mapping of water sources; • Subsurface exploration including 8 exploratory wells from 10-30 feet deep; • Conversion of 4 exploratory wells to monitoring wells; • Geotechnical laboratory testing of materials, • Pavement design information; • Water sample testing for NPDES purposes; • Cost estimates; • Report containing short and long range recommendations for the City and for private property owners to mitigate the seepage problem, • Plan layout of recommendations, • Appropriate meetings with the City, and • Subsequent well monitoring and reporting on a bi-monthly basis. The work as proposed will be completed within 9 weeks of Notice -To -Proceed. Follow up well monitoring will be conducted over the next three weeks. The range of fees for the three (3) Consultants are $15,175.00 to $29,660.00. Converse Consultants West is one of the City's On -Call Soils and Geotechnical Engineering firms and the scope of work is applicable under their signed Consulting Services Agreement. Prepared by: Rose E. Manela CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council Manager MEETING DATE: May 6,1997 REPORT DATE: April 30,1997 FROM: Terrence L. Belanger, City Manager TITLE: Traffic Signals Construction on Diamond Bar Boulevard at Goldrush Drive SUMMARY: On April 1, 1997, the City Council authorized staff to advertise for bids for the installation of traffic signals on Diamond Bar Boulevard at Goldrush Drive. At this time, the City proposes to award a contract to the lowest responsible bidder, New West Signal. Furthermore, it is recommended that the City Council award the construction inspection services to Warren C. Siecke. RECOMMENDATION: It is recommended that the City Council award a contract to New West Signal in the amount now -exceed $88,690.00 and authorize a contingency amount of $9,000.00 for project change orders to be approved by the City Manager. Furthermore, it is recommended that the City Council award the construction inspection services to Warren C. Siecke in the amount not -to -exceed $5,700.00. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specifications Ion file in City Clerics office) _ Ordinances(s) _ Other: X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 415 vote? Majority 3. Has environmental impact been assessed? —Yes X No 4. Has the report been reviewed by a Commission? —Yes X No Which Commission? 5. Are other departments affected by the report? —Yes X No Reoort discussed with the followinq affected departments: REVIEWED BY: 1 l Terrence L. Belan e City Manager c: \wp6O\lhmWmy*m-9 TTSNew W cg. 506 Frank M. Usher Assistant City Manager ge A. Wentz City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 6,1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Traffic Signals Construction on Diamond Bar Boulevard at Goldrush Drive ISSUE STATEMENT: The City proposes to award a contract for the installation of traffic signals on Diamond Bar Boulevard at Goldrush Drive to New West Signal, the lowest responsible bidder. Furthermore, the City proposes to award the construction inspection services to Warren C. Siecke. RECOMMENDATION: It is recommended that the City Council award a contract to New West Signal in the amount not -to -exceed $88,690 and authorize a contingency amount of $9,000 for project change orders to be approved by the City Manager. Furthermore, it is recommended that the City Council award the construction inspection services to Warren C. Siecke in the amount not -to -exceed $5,700. FINANCIAL SUMMARY: The total allocated project budget is $125,000 of Proposition C Fund. Our engineer's estimate was $105,000. BACKGROUND: On April 1, 1997, the City Council authorized staff to advertise and receive bids for the installation of traffic signals on Diamond Bar Boulevard at Goldrush Drive. In response to the advertisements, a total of thirteen (13) contractors obtained plans and specifications for the project. DISCUSSION: Formal bids were received and opened on April 24,1997 from twelve (12) firms. TRAFFIC SIGNAL AT DIAMOND BAR BLVD. AND GOLDRUSH DR. MAY 6,1997 PAGE 2 The bids received were as follows: COMPANY TOTAL BID AMOUNT 1. New West Signal $ 88,690.00 2. Macadee Electrical Construction $ 91,209.00 3. Paul Gardner Corporation $ 91,293.00 4. AGE General Construction $ 94,800.00 5. Computer Service Company $ 96,293.00 6. L. A. Signal $ 98,976.00 7. High Light Electric $105,783.00 8. Pro Tech Electric $108,636.00 9. Peek Traffic (SMI) $109,010.00 10. TDS Engineering $110,781.00 11. CT & F, Inc. $111,827.00 12. California Electrical Services $118,500.00 The bid of $88,690 submitted by New West Signal has been determined by staff to be the lowest responsible bid. It is anticipated that the construction will begin on May, 19, 1997 and be completed by the end of August To ensure that the construction work will be in conformance with the City's plans and specifications for these traffic signals, staff obtained three (3) fee proposals from the City's on-call traffic consultants. The fees range from $4,900 to $6,500. Staff recommends Warren C. Siecke to provide the necessary construction inspection services based on his familiarity with the City's procedures, requirements, and past performance. Prepared By: David G. Liu C:\WP60\LINDAKAY\CCR-97\TSNewWest.606 The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between NEW WEST SIGNAL 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 the notice; and WHEREAS, City did accept the bid of CONTRACTOR NEW WEST SIGNAL and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the TRAFFIC SIGNAL INSTALLATION AT DIAMOND BAR BOULEVARD AND GOLDRUSH DRIVE 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 TRAFFIC SIGNAL INSTALLATION AT DIAMOND BAR BOULEVARD AND GOLDRUSH DRIVE in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated April 1. 1997. (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDEREDCOMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated April 24 1997_ together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 1 .1-1 U-MOMM01 i s The CONTRACTOR agrees to complete the work within ninety (9O) calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred (5500.00) 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 agreement. 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. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' 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. The 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 workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance 2 of work of this contract." b. For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted 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 the 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 3 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 the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee 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 the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. 4 The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the 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 5 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 ("Idemnitees") 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 or employees of the CONTRACTOR, of his subcontractor's 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. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees 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. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are 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 hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or 0 proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 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 ARril 24, 1997, 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may City, without cause, upon the giving of Termination" to CONTRACTOR at least thirty date of termination specified in the notice. termination, CONTRACTOR shall only be paid and expenses necessarily incurred prior to termination. 7 be terminated by the a written "Notice of (30) days prior to the In the event of such for services rendered the effective date of IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 720147 c-10 NEW WEST SIGNAL 10090 EFFEN STREET RANCHO CUCAMONGA CA 91730 Date B ✓ �� Y /XkFltir 2 TITLE CITY OF DIAMOND BAR, CALIFORNIA By:. Date ATTEST: Date MAYOR CITY CLERK CONTRACTOR'S Business Phone 909 980 9476 FAX 909 980-8026 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date C:\WP60\LINDAKAY\AGREE-97\tsnewwest.506 construction REVISION 1996-97 M. (-A I T Ur DIA-MuAij DA -M AGENDA REPORT AGENDA NO.: � � I c TO: Honorable Mayor and Members of the City Council MEETING DATE: May 6, 1997 REPORT DATE: April 29, 1997 FROM: Terrence L. Belanger, City Manager TITLE: Award of Contract for Construction/Retrofit of Handicap Access Ramps in the City of Diamond Bar. SUMMARY: At the April 1, 1997 City Council meeting, Council adopted Resolution No. 97-24 approving specifications for the construction/retrofit of handicap access ramps in the City of Diamond Bar. Council authorized and directed the City Clerk to advertise to receive bids. Notice to bidders was published on April 10, 1997. Ten (10) bids were submitted and opened on April 29, 1997 and the apparent low bidder was Perry Maness Industries, Inc. RECOMMENDATION: That the City Council receive the bids and award the proposed contract to Perry Maness Industries, Inc. for Construction/Retrofit of Handicap Access Ramps in the City of Diamond Bar, in an amount not to exceed $22,410.00. Furthermore, it is recommended that the Council authorize a contingency amount of $3000.00 for project change orders to be approved by the City Manager, for a total authorization of $25,410.00. LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification Resolution(s) X Bid Proposals (on file in City Clerk's Office) Ordinances(s) _ _ Other x AgFeement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote`? Majority 3. Has environmental impact been assessed`? n/a _ Yes _ No 4. Has the report been reviewed by a Commission'? n/a _ Yes _ No Which Commission's 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Community Development Dept. & City Manager REVIEWEQ BY _ Ter ence L. Bela r Frank M. Usher ;p�Eeorge A. Wentz City Manager Assistant City Manager City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 6, 1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Construction/Retrofit of Handicap Access Ramps in the City of Diamond Bar. ISSUE STATEMENT The City proposes to award a contract for the construction/retrofit of handicap access ramps in the City of Diamond Bar to Perry Maness Industries, Inc., the lowest responsible bidder. RECOMMENDATION That the City Council receive the bids and award the proposed contract to Perry Maness Industries, Inc. for the Construction/Retrofit of Handicap Access Ramps in the City of Diamond Bar in an mount not to exceed $22,410.00. Furthermore, it is recommended that the Council authorize a contingency amount of $3000.00 for project change orders to be approved by the City Manager, for a total authorization of $25,410.00. FINANCIAL SUMMARY $37,000.00 of CDBG federal funds has already been approved and incorporated into the FY 1996-97 budget for these handicap access ramps. Engineer's estimate for construction of 42 handicap access ramps is $23,100.00, excluding contingencies. BACKGROUND/DISCUSSION Notice to bidders was published on April 10, 1997 and ten (10) bids were submitted and opened on April 29, 1997. The apparent low bidder was Perry Maness Industries, Inc. Che bids received were as follows: COMPANY BID AMOUNT 1. Perry Maness Industries, Inc. $22,410.00 2. C.J. Construction, Inc. $23,100.00 3. Keiter Construction $27,300.00 4. Chino Construction $30,450.00 5. E.C. Construction Company $32,169.90 6_ Gosney Construction $32,550.00 7. JPD Construction $33,390.00 S. Aggie Construction Co , Inc. $36,456.00 9. Nobest, Inc. $38,976.00 10. Kalban, Inc. $40,346.46 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 fifteen (15) working days. * Liquidated damages of $100/day for non-performance. * Compliance with CDBG requirements. * Labor compliance with Davis -Bacon requirement. All customary insurance and bonds have been included. The project schedule is tentatively set as follows: Award of Construction Contract May 6, 1997 Notice to Proceed June 2, 1997 Start of Construction June 2, 1997 Completion of Construction June 20, 1997 1'repared k Rose F. Mane/a 2 The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between PERRY MANESS INDUSTRIES, INC. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR PERRY MANESS INDUSTRIES, INC and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the CONSTRUCTION/RETROFIT OF HANDICAP ACCESS RAMPS IN DIAMOND BAR. 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 CONSTRUCTION/RETROFIT OF HANDICAP ACCESS_ RAMPS IN DIAMOND BAR in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated Aril 1, 1997, (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated April 24, 1997, 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. Since this is a Federally assisted construction project, Davis-Bacon will be enforced, and if the State and Federal wage rates are applicable, then the higher of the two will be used. The Federal Labor Standards provisions (Form HUD-4010) and the Federal Wage Determination are attached and made part of this agreement, and compliance will be enforced. Any prime contractor or subcontractor working on a Federally assisted project must be eligible to participate. Any agreement must contain the same Federal language. The CONTRACTOR agrees to complete the work within fifteen (15) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) 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 agreement. 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. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' 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. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: 6 "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted 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 the policy; 4) Contain a clause substantially in the 3 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 the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee 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 the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party 4 on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHT M TnYMENT• In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. L EGAD HO TR. OF WORK• Eight ( 8 ) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCEPAY• 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 5 payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. C'ONTRACTOR'S LIABILITY• The City of Diamond Bar and its officers, agents and employees ("Idemnitees") 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 or employees of the CONTRACTOR, of his subcontractor's 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. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees 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. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are 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 hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. 2 So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 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 April 24, 1997 12. ATTORNEY'S FEES - In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the 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. 7 IN WITNESS WHERROF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR I S" License No. 69 967 A,AC-21 C-12 -- C Y- �P44Y 1�»asa tt,�nclaTllTlzA. 2AiC� 1101 JUT NSA= eT__ o.e. H= 21977 Tyr: EM nU = C -A _ Oda AO. 177 Date By: TITLE CITY OF DIAMOND flAR, CALIFORNIA By: Date MAYOR ATTEST: Ey: CITY CL .ate CONTRACTOR ` S Susinea s Phone 210 ADS-pAs , Rme- 'ay. i s 1- (ppm - 1, P ► ►'t - 5 e�rc�ri c. Emergency Phone at which i ( r= 50 2'-2z5 P PeA CONTRACTOR can be reached at any time 14PPRONSD AS To TOtud: CITY ATTORNEY bate ezkWP1"L1HWW"\AM9-mrMP@"%O-sec 97CD8'' CONSTRUCTION 8 60d 91.413 :f1N -R1 -111 eT • J T 17ni rm _rse -_L FAXTRANSAII IJAL ATN: Flaom; -till, FAX NUNIBVR:. UATE: -UHANK YOU, 852 NORTITPORT DR— 5111 If, 05 WFSTSACRAMFNTOCA 95691 9010-956-44558 916-371-8338 1-AXx)16-371--I 1-11WE'NT FOR YOUR MNIti-V REVINASAP COMMENT L ....... . ...... .......... -UHANK YOU, 852 NORTITPORT DR— 5111 If, 05 WFSTSACRAMFNTOCA 95691 9010-956-44558 916-371-8338 1-AXx)16-371--I IC CATIE: OF MORAKE THIS cEnrincATE is ISSUED AS A MATTER (lF INFORMATION ON" AND fittlCJLdGlfl CONFERS NO RIGHTS UPON THE CEATfRCATF HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFrOR06D BY THE P(xllcIc-1 BELOW- MUILT1 OfNlT T" "r T7(,',OMPANIFS AFFORDING COVERAGE it A fP- j, CCMI'AN tClrr INSUSED TH 1, '14 !API "M I tiler E -777� I ftil:i ils Tri rX 11IFY lAAl Y-4- P01 K It C)r- 1'40PA!,f'F. qtlDw hAVI: JJLLN V3!j11(1) "10 THE INSUft'D NAM61 A004'. I OR fHF P! ANY H 11141, 011 tA)t4j)jlioN nY A.H'Y ('ONTNk"T Gil DPfrA onCOMR4T W10 04 T.,l) -J4 lIC 1+ 11115 CENIIMd{'Aft. NAY DF jSStj-j-s Cjj r>j3t ff� �Ar4, PiF IN�I�r,JPAN'-lr AFK*DcD 11Y Wl". F101131111B 011-XHIPF(I TUAL.I. vill- ftJlkfS, P I LIMILZ iH0'oVtJ VA,' kt;)OCt— dY flAlf) GLA0,15. X),0000 rrmofvF, P(AxY I�XPIRALW)N -(9 1(`� N1 JMK P DAM. Om.`XJV,� rjKm-. yvi GliNERAL Ll-&p.'Y 3 ..94 F C 1.1 '71 i i412, J. 1-i 8 J, 8 0 u o i U 0 0 o 0 a o o o rt (A Off? lvwe I J. , (" o o o "; o Wed.) s'.VlFlt j'tgrC mr 01f."oh"NA: LMLITI, Vr DESCRIPTM OF UPI NAMED AS, ALI) 1 F`Ni'l (."ITY OF LIAIMUNIV SAR, A E N AND EMPLDYEES, A.W! 0-111,ER :,,.PEClF1'FD TN TliV BID TO P � SO 1 N C L U11) E D TEN (iO)l JAN N01-1CP. OF UAINGELI'LATION CITY OF DIAMOND B.Mlf� stiow.0 ANY iX THF =VF IFSCHISE) fv)UCVRL CANCLLUD 1EF01-11 1111: PUPLIC WORMS EXPIRAWDN OAIFrHEiaFCir, 711C 15 IIt G (70MPk,.y VAI,J, LNDLAVOli R) 2. .1660 EA j7 COFL�.�Y L) Y' -.Lu ,Vys 0.,AlTtr."j 14011,;t It,) Ir 1�i tiOLDER NAMUD to 1f3, :'`LJITE 190 (-VVI, LA11 [AILOM: 10 MALI �;X-i %0MCF.' !:HALI IMP(>31, NO OBLIGATION UH [JArilLJV Of' AJ4Y K11-4i,*1 UllkVl ljqt T.',) 7AMOND BAJX': Fl�rft..W-NTAME 6R Wipf DIA" 1.1 AUNiIi :sA(iM43t I, 4KIIA, $ F'WLk77';'A-,,' WAPAITV an.tvk DESCRIPTM OF UPI NAMED AS, ALI) 1 F`Ni'l (."ITY OF LIAIMUNIV SAR, A E N AND EMPLDYEES, A.W! 0-111,ER :,,.PEClF1'FD TN TliV BID TO P � SO 1 N C L U11) E D TEN (iO)l JAN N01-1CP. OF UAINGELI'LATION CITY OF DIAMOND B.Mlf� stiow.0 ANY iX THF =VF IFSCHISE) fv)UCVRL CANCLLUD 1EF01-11 1111: PUPLIC WORMS EXPIRAWDN OAIFrHEiaFCir, 711C 15 IIt G (70MPk,.y VAI,J, LNDLAVOli R) 2. .1660 EA j7 COFL�.�Y L) Y' -.Lu ,Vys 0.,AlTtr."j 14011,;t It,) Ir 1�i tiOLDER NAMUD to 1f3, :'`LJITE 190 (-VVI, LA11 [AILOM: 10 MALI �;X-i %0MCF.' !:HALI IMP(>31, NO OBLIGATION UH [JArilLJV Of' AJ4Y K11-4i,*1 UllkVl ljqt T.',) 7AMOND BAJX': Fl�rft..W-NTAME 6R POLICY NUMBER: F0149G412519 COMMERCIAL GIL COVERAGE THIS ENDORSEMENT CHANGES THE, POLICY. PLEASE 'READ IT CAREFULLY, ADDITIONAL INSURED- OWNERS, LESSES OR CONTRACTORS (FORM D) 11 , EN[M3RSEMENT MODIFIFs INsuRANCF' I'ROVIL1F.[? uNF)EI# THE FOLLOWING: COMMERCIAL Gil. COVERAGE PART SFrHLOULE NAMF OF PERSON OR ORGANITA'IION (OWNER) C17Y OF DIAMOND BAR PUBLIC WORKS 21880 EAST COPLEY DRIVF SUITE 190 DIAMOND OARCA 91766 (OWNER OR PROJECT) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations and applicable to this endorsement.) WHO IS AN INSURED (section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of " your work" for that insured by or for you. SUCH COVERAGE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE HP OfficeJet LX Personal Printer/Fax/Copier Identification Rmault 916 371 0948 Error on page 3 7.2.0 Fax Log Report for May -01-97 03:13 PM Pales LW Date Time Duration Diagnostic 03 Received May -01 03:06P 00:0320 041105230000419 CITY 91F D14MM ME AVLPIi7A iiL`1�71�1 ,y AGENDA NO, C�-/5 Terrence L. Belanger, City Manager MEETING DATE: May 6, 1997 REPORT DATE: April 29, 1997 FROM: James DeStefano, Community Development Director TITLE: Amendment to Professional Services Agreement with Michael Brandman Associates (MBA) Regarding Environmental Services for Vesting Tentative Tract Map No. 50314 (J.C.C. - Windmill Development). SUMMARY: On May 29, 1996, the City Council approved a $44,000.00 Professional Services Agreement with Michael Brandman Associates for environmental services in order to provide an Environmental Impact Report (EIR) for VTTM 50314. The contracted scope of work was prepared based upon a review of information provided and the recommended range of services and costs. MBA is requesting a budget increase of $4,640.00 which reflects an expanded scope of work. RECOMMENDATION: It is recommended that the City Council approve an amendment with Michael Brandman Associates reflecting the expanded scope of services and $4,640.00 budget increase for VTTM 50314, bringing the total Professional Services Agreement contract to $48,640.00. LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: None Public Hearing Notification Bid Specification (on file in City Clerk's office) X Other: Letter from MBA dated February 18, 1997 SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been N/A Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? N/A Yes No Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: : Aif IMN o i t A--, Terrence L. Bel g r City Manager Frank M. Usher Assistant City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 6, 1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Amendment to Professional Services Agreement with Michael Brandman Associates Regarding Environmental Services For VTTM 50314. ISSUE STATEMENT: On May 29, 1996, the City Council approved a $44,000.00 Professional Services Agreement with Michael Brandman Associates for environmental services in order to provide an Environmental Impact Report (EIR) for VTTM 50314. The contracted scope of work was prepared based upon a review of information provided and the recommended range of services and costs. MBA is requesting a budget increase of $4,640.00 which reflects an expanded scope of work. RECOMMENDATION: It is recommended that the City Council approve an amendment with Michael Brandman Associates reflecting the expanded scope of services and $4,640.00 budget increase for VTTM 50314, bringing the total Professional Services Agreement contract to $48,640.00. FINANCIAL STATEMENT: Michael Brandman Associates has been retained by the City of Diamond Bar. Costs associated with processing the project are funded through developer fees paid by the project's applicant to the City. BACKGROUND: On May 29, 1996, the City entered into a contract with MBA for pro- fessional environmental services which would provide an EIR for VTTM 50314. Since the project's commencement, several circum- stances have occurred, such as development changes which upon further examination require a significant level of remediation, an Additional 11tDnnntiva AR&lyre, err_giL. gr�di�� eK mVac4 HADD, increased air emissions and time delays. It is these circumstances that have caused the request for additional funds and the need to modify the originally approved scope of services in the following area: 1. Grading envelope increase; 2. Air quality analysis and statement of overriding considerations from construction activities' impacts; and 3. Additional management, coordination and consultation time with the project's applicant. The additional scope of work, tasks and associated costs are a result of existing documentation and applicant information made available after the contract's award. City staff has communicated with the project's applicant, Kurt Nelson of Windmill Development, regarding the necessary modifi- cations to the scope of work and budget. PREPARED BY: James DeStefano Community Development Director Attachment: 1. Correspondence from Michael Brandman Associates dated February 18, 1997; 2. Project Change Order; and 3. Consulting Services Agreement. MiehadBrandman Associaics i',NVJ1',0T1n1,)`;: S1.10,A." • I':+"*' 1• • N+ : itv R1"or. N1;r:;r,e>r: February 18, 1997 Mr. Ionics DeStcfano Director of Community Development 21660 East Copley Drive, Suite 190 Diamopd Bar, California 91765-4177 SUBJECT: Proposed Reallocation of Fees and Budget Augment for Completion of the Environmental Impact Report for Vesting Tentative Tract Map (VTTM) 50314 Dear Mr. DeStefano: As you arc aware, in the process of preparing the Administrative Draft EIR (ADE1R) for VTTM 50314 in Ildl , through the beginning of September 1996, and through consultation with the applicant's team of consultants during this time period, it was clear that infonnnation pertaining to the project's offsite impacts associated with Tract 48487 was not sufficient to complete the FIR. More specifically, to provide an EIR that adequately addresses both onsite and offsite impacts of the project, more detailed information of offsite grading on Tract 48487 (i,e., lowering of the pads to accommodate coustniction of VTTM 50314) was necessary to allow the Cil? to use information in this EIR to consider the approval of the revised grading plan for Tract 48487. Moreover, Michael Brandn= Associates (MBA) did not have the information needed to adequately prepare the Alternatives Section of the ETR. Subsequent to this determination, I compiled a list of informational items that MBA needed to complete the EIR. MBA has recently received the last of the information needed from the applicant's consultants. As can be expected, additional management and coordination time has been spent by MBA in ail effort to obtain all the necessary information. An extensive amount of time was spent compiling and coordinating the receipt of this additional information. This included consultation with the applicant's projcct team which occurred between the beginning of September through October 1996; and, restarting the coordination from the beginning of December 1996 through Febniary 1997. Moreover, MBA also will expend additional management and coordination time in the overall restart of the project, in addition to analyzing and incorporating the offsite grading information on Tract 48487 into the EIR. Information regarding Tract 49487 and the project's alternatives will need to be reflected in greater detail throughout the EIR, in particular, the project description and project impacts and alternatives section of the document, respectively. As you are aware, the additional information regarding Tract 48487 reveals aspects of grading onsite and offsite that would suggest that a substantial amount of additional grading will occur (i.e., greater cuts and fills) under the proposed project than anticipated in the Notice of Preparation. Based on a brief review of the grading requirements, MBA estimates 1. X45 Mr. James DeS tefano Februmry 18, 1997 Page 2 that air emissions during grading will be significant and unavoidable; thereby, requiring a statement of overriding considerations. This will require MBA to provide an analysis of air quality impacts resulting from construction activities. As requested, MBA reviewed the biological analysis prepared for VTTM 50314. Based on our review, no additiopal biological surveys are required for the preparation of the EIR- Due IRDue to the additional management, coordination, and analyses, MBA requests permission to reallocate fees within the contract and requests additional fmids for completion of the ADEIR. The enclosed Attachment A defines the areas of the proposed reallocation of fees and budget augment. As shown in Attachment A, MBA requests a budget augment of 54,700.00 to complete the processing of the EIR. Attachment B provides a revised schedule for the processing of the EIR- As shown, the ADEIR will be submitted to the City for review on March 12, 1997. If you should have any questions regarding the requested modifications, please do not hesitate to call me Sincerely, MICHAEL BRANDMAN ASSOCIATES Michael E. Houlihan, A1CP Senior Project Manager Enclosures wj=09030022.our Attachment A BUDGET AUGMENT AND REALLOCATION OF FEES FOR VESTING TENTATIVE TRACT MAP 50314 EIR February 18, 1997 Contract Revised Task A: Project Initiation 5 1,800 $ 1,800 Task B- Initial Study/Notice of Preparation 2,700 2,700 Task C: Screenclieck EIR 13,950 18,350' Task D: Draft EIR 2,520 2,520 Task E: Screencbeck Final EIR 2,880 2,880 Task F: Final EIR 1,260 1,260 Task G: Public/Staff' Meetings and Hearings 5,600 3,200" Task H: CEQA Notices 450 450 Task I: Project Management and General Coordination 3,060 3,760 Task J: Mitigation Monitoring Plan (MMP) Preparation 720 720 Task K: findings of Fact 1,260 1,260 Task L: MMP Implementation To Be Determined after Cowicil Action Subtotal Labor 36,200 40,900 Cultural Resources Consultants 2,740 2,740 Reimbursable Expenses (printing, mileage) 5,000 5,000 TOTAL FEES $43,940 $48,640 `Includos preparation of the Air Quality Study. bAssurines remaining attendance at 3 staff meetings and 3 public hearings. Attachment B REVISED PROJECT SCHEDULE FOR VESTING TENTATIVE TRACT MAP 50314 EIR February 18, 1997 The fallowing is the proposed schedule for Vesting Tentative Map 50314 EIR_ It is based on the assumption following the schedule proposal. Deviation from this assumption may require an adjustment to the project schedule. MBA is committed to working closely with the City of Diamond Bar to expedite processing of the EIR Authorization to Proceed June 13, 1996 Project; Initiation Meeting June 26, 1996 Submit Draft Initial Study/NOP to City July 15, 1996 Receive City Comments on Draft Initial Study/NOP July 22, 1996 Reproduce and Distribute NOP for 30 -Day Public Review Period July 24, 1996 Close of 30 -Day NOP Public Review Period August 23, 1996 Submit Administrative Draft EIR to City March 12, 1997 Reccivo City Comments on Administrative Draft EIR March 26, 1997 Submit Final "Proof Check" Draft EIR to City April 4, 1997 Receive Final Comments on Draft EIR April 9, 1997 Reproduce and Distribute Draft EIR for 45 -Day Public Review Period April 15, 1997 End of 45 -Day Public Review Period May 30, 1997 Submit Administrative Final EIR, Draft MMRP, and Draft Findings to City June 13, 1997 Receive City Comments on Administrative Final EIR, Draft MMRP, June 20, 1997 and Draft Findings Reproduce and Submit Final EIR and final versions of MMRP and June 27, 1997 Findings to City Submit Responses to Agency Comments June 30, 1997 Planning Commission Hearing July 1,997 City Council Hearing/Action July 1997 The project schedule is based on the following assumption: J. The timeframes for the City reviews of submittals are expected to be adequate. If review schedules change, the elapsed time of other tasks will be maintained. wjas:Dir &r.meh CITY OF UTAMONU BAK AGENDA REPORT AGENDA N0. (-O d (0 TO: Terrence L. Belanger, City Manager MEETING DATE: May 6, 1997 REPORT DATE: April 30,1997 FROM: Bob Rose, Community Services Director TITLE: Approval of Contract Amendment for Additional Graffiti Removal Work by Graffiti Control Systems, Inc. for the 1996/97Fiscal Year. SUMMARY: The City of Diamond Bar has an existing contract with Graffiti Control Systems, Inc. for the removal of Graffiti city-wide. The contract sets forth a unit price of $30.00 per site for graffiti removal and allows the City Council to determine the number of sites to be serviced. In May 1996 staff estimated that there would be a need to remove graffiti from 1000 sites during the 1996/97 Fiscal Year. At its meeting on May 21, 1996, the City Council authorized the expenditure of up to $30,000 (1000 sites) for City -Wide graffiti removal by Graffiti Control Systems, Inc. for the 1996/97 fiscal year. (Continued on Page 2) RECOMMENDED ACTION: Approve Contract Amendment to increase the amount of $7,500 for additional graffiti removal work by Graffiti Control Systems, Inc. for the 1996/97 Fiscal Year. Also, approve the budget adjustment to allocate an additional $2,500 to the City-wide graffiti removal budget. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinance(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) X Other: Contract Amendment reviewed by the City Attorney? X Yes _ No 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: None REVIEWED BY: DEPARTMENT HEAD: NIL'Aw I Terrence L. BelangdA City Manager Frank M. Usher Assistant City Manager Bob ose Community Services Director City Council Agenda Report Meeting Date: May 6, 1997 Graffiti Control Systems, Inc. - Contract Amendment Page 2 SUMMARY: (continued) Due to an increase in graffiti during the 1996197 fiscal year, the estimate for removal sites has increased. As of April 30, 1997, there were already 1000 graffiti removal sites for the 1996197 fiscal year. It is estimated that there will be 250 additional removal sites for the months of May and June, bringing the total number of estimated graffiti removal sites for the 1996197 fiscal year to 1250 sites. At $30 per site, the budget necessary to service this contract is $37,500, an increase of $7,500. Staff is seeking City Council approval of a Contract Amendment in the amount of $7,500 for the additional graffiti removal work expected to be performed by Graffiti Control Systems Inc. during the remainder of the 1996197 fiscal year. There is a total of $35,000 budgeted for graffiti removal work in the 1996-97 Fiscal Year budget. Therefore, staff is also seeking a budget adjustment to allocate an additional $2,500 to the City-wide graffiti removal budget. May -01-97 02:49P P.01 City of Diamond Bar 21660 E. Copley Driw, Ste 100 Diamond Bar, CA 91765 (909) 396-5694 CONTRACT AMENDMENT THIS CONTRACT AMENDMENT IS APPLICABLE TO: CONTRACT TITLE: City -Wick Graffiti Removal NOTICE TO PROCEED: July 1, 19% SCHEDULED COMPLETION DATE: June 30, 1997 CONTRACTORS Graffiti Control Systems, Inc. 7260 Atoll Avenue North Hollywood, CA 91603 (018) 952-6480 TOTAL OF CONTRACT PRIOR TO AMENDMENT: $30,000.00 CONTRACTOR IS AUTHORIZED TO COMPLETE THE FOLLOWING SCOPE OF WORK: Addition of 250 graffiti removal sites 0=30 per site for the 1996/97 Final Year. This will provide fora total of 1,250 graffiti removal sires ata total cost of $37,500 for the 1996197 Fi" Year. THE AMOUNT OF THE CONTRACT WILL BE jSQUAjjWDECREAStD BY THE SUM OF 17,300.20 THE CONTRACT PERIOD WILL BE INCREASEDJOECREASED IDir- ANGER: WA DAYS CONTRACT TOTAL INCLUDING THIS CHANCE ORDER: 13T300.00 REVIEWED •1f: INITIAL Parks. SvperinbeAdem Date ;ityervices Director City Manager Oats CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 6 j )7 TO: Terrence L. Belanger, City Manager MEETING DATE: May 6,1997 REPORT DATE: April 29, 1997 FROM: Bob Rose, Community Services Director TITLE: Extension of contract for Maintenance of Lighting & Landscape District No. 38. SUMMARY: On April 4, 1995, the City Council awarded a contract to Mariposa Horticultural Enterprises, Inc. in the amount of $38,400 for the maintenance of Lighting & Landscape District No. 38 for the period of July 1, 1995 through June 30, 1996. The contract allows the City CouncH to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. At its May 21, 1996 meeting, the City Council approved the contract extension for the period of July 1, 1996 through June 30, 1997 in the amount of $39,129.60. (continued on page 2) RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Mariposa Horticultural Enterprises, Inc. for the maintenance of Lighting & Landscape District No. 38 for fiscal year 1997198, including the 1.8% Consumer Price Index increase, in an amount not to exceed $39,833.93. LIST OF ATTACHMENTS: Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X Other. Letter of Agreement Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes No 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: None REVIEWED BY: DEPARTMENT HEAD: J � qfr� --� Terrence L. Belanger City Manager Frank M. Usher Assistant City Manager ll �� Bob Rose CommunityServices Director City Council Agenda Report L.L.M.D. #38 Contract Extension Meeting Date: May 6, 1997 Page 2 SUMMARY (Continued from page 2) Mariposa Horticultural Enterprises, Inc. has requested that the City not excise its right to extend the contract for another year, however, staff recommends the extension of the maintenance contract for the 1997198 fiscal year and to seek bids for a new contractor for the 1998199 fiscal year. Under the terms of the contract, the contractor is entitled to a Consumer Price Index (C.P.I.) adjustment on the extension. As of February 28, 1997, the C.P.I. stood at 1.8%, revising the contract for the fiscal year 1997198 from $3,260.80 to $3,319.49 per month or from $39,129.60 to $39,833.93 per year. Staff has discussed this contract extension with the President of Mariposa Horticultural Enterprises, Inc., Terry Noriega, and he has accepted the plan for them to provide services for District 38 for one more year. h 0 R T I C U L T U R A L ref ri13, 1997 Doli Hensley Parj:s and Maintenance Superintendent Department of Community Services Cit} of Diamond Bar i 66�0 F. Copley —Dr. Suit.; 100 Diamond Bar, CA 91765 P11. 1.` (909)396-5694, Fax # (909)861-3117 E N T E R P R I S E I N C xh M r'1 �E V ED SERVICES Re: Contract for Annual Landscape Maintenance for Lighting and Landscape Maintenance District No. 38 Dear Mr. Hensley: I would like to request that the City not exercise the renewal option for another year. We appreciate the opportunity to bid work for the City of Diamond Bar, however, after two years we have been unable to salvage any profit and have incurred consistent losses on this contract. Please let me know what your decision is and feel free to contact me if you would like to discuss this matter further. We would like to work with you to make any transition as smooth as possible. Sincerely, Ren Flugel General Manager 4�19 15529 ARROW HIGHWAY, IRWINDALE, CA 91706 CA I ANDSCAPE CONTRACTOR'S I IC: NSE NO. 592268 [EL ""60-01Q6 I AX 118 .96(1- 8477 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 MARIPOSA HORTICULTURAL ENTERPRISES, INC., hereinafter referred to as the "CONTRACTOR and the City of Diamond Bar, Californ referred to as "City". ia, hereinafter WHEREAS, pursuant to Notice Inviting Sealed Bids or Pr publicly opened, and declared on the date specified in said not ana ids were received, WHEREAS, City did accept the bid of Contractor MARIPOSA HORTICULTURAL, EN'T'ERPRISES, INC. and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Annual Landscape Maintenance for Lighting & Landscape Maintenance District No. 38 in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1 • SENF A OPF �� 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. 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. INCO POR ATED DOC r rME TTS TO COMPr.FM 1►rr g irie aforesaid specifications are Inco B rONSID 1= thereto and made a incorporated herein by reference 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 • TERM. (2 ONTR A rT 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 City of Diamond Bar L.L.M.D. #38 upon notice by City after ten (10) calendar days, and to complete the installation of the work within sixty (60) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ($100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance• Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; City of Diamond Bar 2 L.L.M.D. #38 $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties- specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter. " 5) Otherwise be in 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 City of Diamond Bar 3 L.L.M.D. #38 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 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 City of Diamond Bar 4 L.L.M.D. #38 of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. 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 pAv• 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. City of Diamond Bar 5 L.L.M.D. #38 9. CONTRACTOR' 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 Ci its employees, servants, or independent contractors who are directly responsible to City, sand in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. City of Diamond Bar 6 L.L.M.D. #38 10. NON -DIS(' TMINATTnkT- No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the Penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT. City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated March 23,1995, in the total amount of $38,400. 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, 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. City of Diamond Bar 7 L.L.M.D. #38 13. TERMINATION: This Agreement may be terminated on b Ci u giving of a written "Notice of Termination" to contractor at least thirty(y City pys ri the or 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. 592268 Date VED TO FORM ity Attorney � f Date By: e Title DIAMONDCITY OF BAR, CALIFORNIA Mayor i : •:.iL.�,.0 r Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time_ City of Diamond Bar g L.L.M.D. X38 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO I TO: Terrence L. Belanger, City Manager MEETING DATE: May 6, 1997 REPORT DATE: April 29,1997 FROM: Bob Rose, Community Services Director TITLE: Extension of contract for Maintenance of Lghting & Landscape District No. 39. SUMMARY: On July 25,1995, the City Council awarded a contract to Accurate Landscape & Maintenance Corporation, in the amount of $73,080 for the maintenance of Lighting & Landscape District No. 39 for the period of July 1, 1995 through June 30, 1996. The contract allows the City Council to extend the contract on an annual basis N an extension is deemed to be in the best interest of the City. The contract was extended by the Cly Council on May 21, 1996 for the period of July 1, 1996 through June 30, 1997 for the original contract amount. Accurate Landscape & Maintenance Corporation has proven that they can satisfactorily perform the specifications of the contract. Under the terms of the contract, the contractor is entitled to a Consumer Price Index (C.P.I.) adjustment on the extension, Accurate Landscape and Maintenance Corporation has requested a C.P.I. adjustment for the 1997/98 fiscal year. As of February 28,1997, the C.P.I. stood at 1.8%, revising the contract for the 1997/98 fiscal year from $6,090 to $6,199.62 per month or $73,080 to $74,395.44 per year. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Accurate Landscape & Maintenance Corporation, for the Maintenance of Lighting & Landscape District No. 39 for fiscal year 1997/98 in an amount not to exceed $74,395.44. LIST OF ATTACHMENTS: Staff Report _ Resolution(s) _ Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) X Other: Letter of Agreement 1. Has the resolution, ordinance or agreement been reviewed jL Yes No by the City Attorney? _ 2. Does the report require a majority vote? Yes No 3. Has environmental impact been assessed? Yes _ No 4. Has the report been reviewed by a Commission? _ Yes .X Which Commission? _ -I- No 5. Are other departments affected by the report? Yes Report discussed with the following affected departments: _ None -A_ No REVIEWED BY: DEPARTMENT HEAD: ;TePnceL. Bela er Frank M. Usher 4Bobosae=— City Manager Assistant City Manager Community Services Director ACCURATE �NO�CQ°� a 1�a'N��h1NCF April 10, 1997 City of Diamond Bar Attn: Don Hensley 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765 Dear Don, This letter is to serve as notification that Accurate Landscape would like to extend our current contracts with the City of Diamond Bar. The two contracts are D-39 and the City Parks. We would like to extend the contracts for another 12 month period. As you know, we have not sought an increase over the past three years of service. We would however like to request a cost of living increase for this next term. If this is agreeable to you, please inform me of the next step for Accurate. I will)* awaiting your call. S JL/jo 611 West Palm Avb: Orange, CA 92868 714.288.5955 714.288.5950 FAX Contractor's State License C27-603282 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between Accurate Landscape & Maintenance Corporation, hereinafter referred to as "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor Accurate Landscape & Maintenance Corporation and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for 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: I. 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. INCORPORA'T'ED DOCUMENTS TO BE ONSInRREp COMPLEMENTARY: The aforesaid specifications are incorporated herein by refe*ence thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary, to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. a. The undersigned bidder agrees to execute the contract within ten (10) calendar City of Diamond Bar L.L.M.D. No. 39 days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days, and to complete the installation of the work within sixty (60) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one - hundred ($100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSIJRAN[` . The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company nor "haulinsurtanhe Contractor allow any subcontractor to commence work on his su allbcontract untilce 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. Comdensa�n r., 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 ofthat 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. City of Diamond Bar 2 L.L.M.D. No. 39 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in 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. City of Diamond gar 3 L.L.M.D. No. 39 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. PR1;yAii.ING 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 notless than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENT CESHIP 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 City of Diamond Bar 4 L.L.M.D. No. 39 b. When the number of apprentices in training in the area exceeds a ratio of one to five, or c. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. 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 City of Diamond Bar 5 L.L.M.D. No. 39 public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. 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 City of Diamond Bar 6 L.L.M.D. No. 39 with the provisions of section 1735 of said Code. 11. CONTRACT pRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated March 23, 1995, in the total amount of $73,080.00. 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, 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. : 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. City of Diamond Bar 7 L.L.M.D. No. 39 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. 603282 - C27 Date r7D (ItRM 66-Xt'torney S -15 =9s - Date By: , N e Title CITY OFF DIAMOND BAR, CALIFORNIA )e"9- By: /+Gf Mayor By: City Clerk Contractor's Business Phone 014 J qZ (— 4Z -,i -S Emergency Phone at which I -7 Contractor can be reached at any time l 6 14) '12- 1 ` 4 City of Diamond Bar 8 L.L.M.D. No. 39 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.(�'/1G TO: Terrence L. Belanger, City Manager MEETING DATE: May 6, 1997 REPORT DATE: April 29,1997 FROM: Bob Rose, Community Services Director TITLE: Extension of contract for Maintenance of Lighting & Landscape District No. 41. SUMMARY: On April 4,1995, the City Council awarded a contract to Landscape West, Inc., in the amount of $35,400 for the maintenance of Lighting & Landscape District No. 41 for the period of July 1, 1995 through June 30, 1996. At its May 21, 1996 meeting, the City Council extended the contract for the period of July 1, 1996 through June 30, 1997at the orginal contract amount. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. Landscape West, Inc. has proven that they can satisfactorily perform the specifications of the contract. Under the terms of the contract, the contractor is entitled to a Consumer Price Index (C.P.I.) adjustment on the extension. Landscape West, Inc. has agreed to forgo this increase for the 1997198 fiscal year. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Landscape West, Inc. for the maintenance of Lighting & Landscape District No. 41 for fiscal year 1997198, in an amount not to exceed $35,400. LIST OF ATTACHMENTS: Staff Report Resolution(s) Ordinance(s) �( Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been Public Hearing Notification Bid Specifications (on file in City Clerk's office) X Other: Letter of Agreement reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority vote? 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: None REVIEWED BY: DEPARTMENT HEAD: T rrence L. Belanl Qe City Manager Frank M. Usher Assistant City Manager B b Ro e Community Services Director LANDSCAPE WEST, INC. April 4, 1997 Mr. Bob Rose CITY OF DIAMOND BAR 21660 E. Copley Drive 4100 Diansond Bu, CA 91765-4177 Tei: 909/860-2489 Fax: 909/361-3117 Re: Cestraet Renewal Weed CentrelJSidewalk and Parkway Maintenance and District #41 Maintenance Dear Bob: D 1 !�',': � ',' �� cR Y ►CES This letter is to advise you that Landscape West, Inc., will be happy to renew our contracts for the Weed Cotu *YSidewalk and Parkway Maintenance at $55,750.00 and District #41 Maintenancc at 535,400.00 for the 1997/98 year. These are the same prices as the 1996/97 contract which runs through June 30, 1997_ We look forward to another year working with you and the people of Diamond Bar. Sincerely, 'c' Daft Jensmt Vice President DJ/mvw cc: Don Hendey Roberto Perea DB4497.WPD 9d0 N. TU*dn Awn*, Anaheim, CA 92807 • 7141632-9770 • FAX 714/632-9477 KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between LANDSCAPE WEST, INC., hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor LANDSCAPE WEST, INC. and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for 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. GENERA -I -,-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 DOCTTMFNTS TO BF 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 City of Diamond Bar L.L.M.D. X41 installation of the work within sixty (60) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ($100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compcnsatinn 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 a000rdance 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. City of Diamond Bar 2 L.L.M.D. #41 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter. " 5) Otherwise be in 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; City of Diamond Bar 3 L.L.M.D. #41 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 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: City of Diamond Bar 4 L.L.M.D. #41 a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. 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, City of Diamond Bar 5 L.L.M.D. #41 agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. 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. City of Diamond Bar 6 L.L.M.D. #41 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated March 22, 1995, in the total amount of $35,400. 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, 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. . City of Diamond Bar 7 L.L.M.D. #41 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. Mate of Catitornia Contractor's License No. 4171(! Date APPROVED AS TO FORM — LL ti -Attorney ' N Date Title CITY OF DIAMOND BAR, CALIFORNIA By: L ' Mayor Contractor's Business Phone Emergency Phone at which 7 F— City can be reached at any time City of Diamond Bar 8 L.L.M.D. #41 GITT Vr Lrjp%MQt40 BAR AGENDA REPORT AGENDA NO. (,,0. 1 7 ) TO: Terrence L. Belanger, City Manager MEETING DATE: May 6,1997 REPORT DATE: April 30,1997 FROM: Bob Rose, Community Services Director TITLE: Extension of Weed/Litter Abatement Contract with Lanterman Development Center. SUMMARY: For the past seven years, the City of Diamond Bar has contracted with Lanterman Developmental Center for supplemental weed and fitter abatement services. The contract calls for 10.8 miles of public right-of-way litter abatement three times a month for $839.44 per month and weed abatement in a variety of areas once per month for $2,136.38 per four months. This contract provides for service in areas of Diamond Bar that are known to accumulate litter more rapidly than other areas of the community and for weed (continued on Page 2) RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Community Industries Lanterman Developmental Center for supplemenal weed and litter abatement in Diamond Bar for fiscal year 1997/98 for a total contract amount of $16,483. LIST OF ATTACHMENTS: Staff Report _ Public Hearing Notification _ Resolution(s) Bid Specifications (on file in City Clerk's office) _ Ordinance(s) X_ Other. Letter of Agreement Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? Yes _ No 2. Does the report require a majority vote? 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: None REVIEWED BY: DEPARTMENT HEAD: Terrence L. Bel g r City Manager Frank M. Usher Assistant City Manager Bob Rose Community Services Director City Council Agenda Report Weed/Litter Abatement Contract Extension Meeting Date: May 6,1997 Page Two SUMMARY: (continued) control in the public right-of-way in areas not serviced by other contracts. Also, Lanterman Developmental Center has the flexibility to allow the City to subsitute emergency work for regularly scheduled work areas on an as -needed basis at no additional cost. The services provided by Lanterman Developmental Center result in a more aesthetically pleasing community and the frequency of these services is expected to provide clean, vegetation free right-of-way in the areas of service. The total annual cost of this contract is $16,483, the same amount that the City has paid to Lanterman Developmental Center for this service in fiscal years 1994/95, 1995/96 and 1996/97. There is no increase being sought for the 1997/98 fiscal year contract extension. STATE OF CAUFORNIA—DEPARTMENT OF DEVELOPMENTAL S&WCZ PETE WILSON, 1;9,w"or COMMUNITY INDUSTRIES A PROGRAM OF LANTERMAN DEVELOPMENTAL CENTER 3330 W. POMONA BLVD. POMONA, CA 91768 (714) 5951221 EXT. 2177 This proposal to the City of Diamond Bar is for the Community Industries program of Lanterman Developmental Center to provide litter and weed abatement, per attachments A and B, in the City of Diamond Bar. Community Industries will also provide: Transportation to and from job sites Insurance coverage for employees Payroll for employees Job Coach for employees to assure supervision, training and job performance per the expectation of the City of Diamond Bar. All necessary equipment and supplies to perform designated tasks. City of Diamond Bar will provide: Compensation to Community Industries at a rate of $839.44 per month for litter abatement and $2,136.38 per four (4) months for weed abatement. Ynvoice will be submitted monthly for litter abatement and per service rotation for weed abatement. The City of Diamond Bar reserves the right to change assigned work locations due to emergency need, on a mile for mile basis. 7 Director of,Vocational Services Community Industries Lanterman Development Center 3530 N Pomona Blvd Pomona, CA 91768 Acciptimas propose Representative, City of Diamond Bar ACCREDRED sY THE COMMISSION ON ACCREDITATION OF REHARILITATION FACIUM STATE OF CALRMN1A—OHARTMENT OF OEVELOYMFtNTAL SERVIM PETE WILSON, Gewnwr COMMUNITY INDUSTRIES A PROGRAM OF LANTERMAN DEVELOPMENTAL CENTER 3390 W. POMONA BLVD. POMONA. CA 91768 (711) 595.1221 EXT, 2177 ATTACHMENT "A" DIAMOND BAR WEED ABATEMENT JOB DESCRIPTION: 1. Clear all weeds along current litter abatement streets. 2. Cut back growth along fences and sidewalks. 3. Rake leaves along sidewalk areas. 4. Sweep gutters. S. Spray areas with Round up (wood killer). 6. Diamond Bar Representative retains the right to trade-off areas serviced for other areas needing attention on a time for time basis. JOB BID: $2,136.38 ONCE EVERY FOUR MONTHS Diane Date Director of Vocational Services Community Industries epresen a 1Ve, City of DTamond Bar Date ACCREDITED BY THE COMMISSION ON ACCREDITATION Of REMABILITATION FACILITIES STATE OF CALIFORNIA -DEPARTMENT Of 0MLOPMEmTAI SERVICES PETE WILSON, 09 wrw COMMUNITY INDUSTRIES A PROGRAM OF LANTERMAN DEVELOPMENTAL CENTER 3330 W. POMONA SLY0. POMONA, CA 91766 (714) 3951221 EXT. 2177 "J=ACEJUE B" DIAMOND BAR LITTER ABATEMENT JOB DESCRIPTION: Perform general litter abatement in desired areas of City. Diamond Bar Representative retains the right to trade-off areas serviced for other areas needing attention on a time for time basis. Compensation to Community Industries shall be $839.44 per month based on performance of three (3) times per month. JOB BID: $839.44 PER MONTH � CiCJ ft.tt.� Diane white, Director of vocational services Community Industries Representative, City of Diamond Bar :5-, 9 7 a e Date ACCREDITED BY THE COMMISSION ON ACCREDITATION OF REHABIUTATION FACILITIES CONTRACT PROPOSAL This proposal to the City of Diamond Bar is for the Community Industries program of Lanterman Developmental Center to provide litter and weed abatement, per attachments A and B, in the City of Diamond Bar. Community Industries will also provide: Transportation to and from job sites Insurance coverage for employees Payroll for employees ,lob Coach for employees to assure supervision, training and job performance per the expectation of the City of Diamond Bar. All necessary equipment and supplies to perform designated tasks. City of Diamond Bar will provide: Compensation to Community Industries at a rate of $839.44 per month for litter abatement and $2,136.38 per four (4) months for weed abatement. Invoice will be submitted monthly for litter abatement and per service rotation for weed abatement. The City of Diamond Bar reserves the right to change assigned work locations due to emergency need, on a mile for mile basis. Timo X Hagen, Director Community Industries Lanterman Development Center 3530 W Pomona Blvd T a,CA 91768 ✓L p/ k" Acceptea as proposea Terrence L. Belanger, 'ty Manager City of Diamond Bar STATE OF CALIFORNIA—DEPARTMENT OF DEVELOPMENTAL SERVICES PETE WILSON, Governor COMMUNITY INDUSTRIES A PROGRAM OF LANTERMAN DEVELOPMENTAL CENTER 3530 W. POMONA BLVD. s POMONA, CA 91758 -171151 P ATTACHMENT "A" 9-22-9c' CURRENT DIAMOND BAR LITTER ABATEMENT I. DIAMOND BAR BLVD: TEMPLE TO 60 FREEWAY MILES: WEST SIDE- 1.4; EAST SIDE- .7 2. STEEP CANYON RD.: DIAMOND BAR BLVD TO CLEAR CREEK RD MILES: NORTH SIDE- .2 DIAMOND BAR BLVD. TO GOLD RUSH MILES: EAST SIDE - .7 4. GRAND AVE: 57 FREEWAY TO GOLDEN SPRINGS MILES: SOUTH SIDE- .2 5. GOLDEN SPRINGS: GRAND AVE TO BREA CYN RD MILES: NORTH SIDE- 1.9 6. BREA CNYN RD: PATHFINDER TO COLIMA MILES: EAST SIDE- .7; WEST SIDE- .9 7. BREA CNYN RD: PATHFINDER TO DIAMOND BAR CITY LIMITS (SILVER BULLET DR) MILES: EAST SIDE- 1.3; WEST SIDE- 1.5 STATE OF CALI"NIA—OF.PARTMENT OF DEVELOPMENTAL SERVICES PETE 'WILSON, Governor COMMUNITY INDUSTRIES A PROGRAM OF LANTERMAN DEVELOPMENTAL CENTER 3530 W. POMONA BLVD. °C•_ POMONA, CA 91766 (71 a) 595.1221 EXT. 2177 ATTACHMENT "B" DIAMOND BAR WEED ABATEMEN? JOB DESCRIPTION: 1. Clear all weeds along current litter abatement streets. 2. Cut back growth along fences. 3. Rake leaves along sidewalk areas. 4. Sweep gutters. 5. Spray areas with Round Up (weed killer). JOB BID: $2,136.38 — ONCE EVERY FOUR MONTHS "I zt�-� Rick Dickerson Community Industries ACCREDITED BY THE COMMISSION ON ACCREDITATION OF REHABILITATION FACILITIES CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (21- I � TO: Terrence L. Belanger, City Manager MEETING DATE: May 6,1997 REPORT DATE: April 29,1997 FROM: Bob Rose, Community Services Director TITLE: Extension of contract for Maintenance of Eight (8) City Parks. SUMMARY: At its meeting on June 15, 1993, the City Council awarded a contract to Accurate Landscape & Maintenance Corporation, in the amount of $102,600 for the period of July 1, 1993 through June 30, 1994, for the maintenance of eight (8) City Parks in Diamond Bar. The contact allows the City Council to extend the contract on an annual basis, up to five times, N an extension is deemed to be in the best interest of the City. The contract was extended by the City Council on August 16, 1994 for the period of July 1, 1994 through June 30, 1995, at the April 18, 1995 meeting for the period of July 1. 1995 through June 30, 1996 and again on May 21, 1996 for the period of July 1, 1996 through June 30, 1997. (Continued on Page 2) RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Accurate Landscape & Maintenance Corporation for the maintenance of eight (8) City Parks in Diamond Bar for fiscal year 1997/98 in an amount not to exceed $106,810.60. LIST OF ATTACHMENTS: X Staff Report —Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) Ordinance(s) X Other. Letter of Agreement X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed —X, Yes —No by the City Attorney? 2. Does the report require a majority vote? �( Yes _ No 3. Has environmental impact been assessed? _ Yes IL 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: None REVIEWED BY: DEPARTMENT HEAD: C Terrence L. Belange City Manager Frank M. Usher Assistant City Manager Zose Community Services Director City Council Agenda Report Park Maintenance Contract Extension Meeting Date: May 6,1997 Page 2 SUMMARY (Continued) On October 1,1996, the City Council approved an amendment to include the maintenance of the natural area of Sycamore Canyon Park as part of the contract for the maintenance of eight (8) city parks. The additional area of responsibility increased the contract mount by $193.50 per month or $2,322 per year, bringing the total annual cost of the contract to $104,922. Under terms of the contract, the contractor is entitled to a Consumer Price Index (C.P.I.) adjustment on the extension, Accurate Landscape and Maintenance Corporation has requested a C.P.I. adjustment for the 1997198 fiscal year. As of February 28, 1997, the C.P.I. stood at 1.8%, revising the contract for the 1997198 fiscal year from $8,743.50 to $8,900.88 per month or $104,922 to $106,810.60 per year. After four years of servicing this contract, Accurate Landscape and Maintenance Corporation has proven to be excellent at completing the detailed work that the specifications require under the terms of this contract. ACCURATE IANNSCaI'I & M4INIIN�N1,1 April 10, 1997 *A, City of Diamond Bar Attn: Don Hensley 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765 Dear Don, This letter is to serve as notification that Accurate Landscape would like to extend our current contracts with the City of Diamond Bar. The two contracts are D-39 and the City Parks. We would like to extend the contracts for another 12 month period. As you know, we have not sought an increase over the past three years of service. We would however like to request a cost of living increase for this next term. If this is agreeable to you, please inform me of the next step for Accurate. I will )f� awaiting your call. JL/jo 611 West Palm Ave. Orange, CA 92868 714.288.5955 714.288.5950 FAX Contractor's State License C27-603282 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for Maintenance of eight (8) community parks in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1 . GENERAL• SCOP OF WORN The work to be done under this Agreement shall include the furnishing of all labor, material and equipment necessary for the provision of the landscape and appurtenant main ranAnr. Qeryic-- as set forth in the specifications for the maintenance of ci v parks in the City of Diamond Bar. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece. of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 1 a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on July 1• 1993 for a period of twelve (12) months. b. The City shall have the option to extend this agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 4. INSURANCE• The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance wit the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract.,' 2 b. For all operations of the Contractor or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be'so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 3 5) Otherwise be in a form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 4 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 5 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees pro- vided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: 2 a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this Agreement set forth in Bid Sheet, one month in arrears, on the last day of the month, or as soon thereafter as payment is approved by the City Council. In the event the City exercises its option to extend the term of this Agreement as provided in paragraph 3.b., Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year. This will be accomplished by multiplying the current level of the contractor's compensation by the percentage of increase in the Consumer Price Index ("CPI") for the month immediately preceding the Adjustment Date (the "Index Month") over 7 the CPI for the month one year prior to the Index Month. The "CPI" index that will be used for this calculation is identified as the Los Angeles -Anaheim -Riverside Metropolitan area Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES• In the event that any action or proceeding is brought by either party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. L Date ' By: Ci Title APPROVED AS TO FORM: Title CITY OF D AMOND B FORNIA By: By: Date erk Contractor's Business Phone: i--714) Emergency Phone at which Contractor May be reached at any time: 7 ;4 4%. i - �Z7 S 7 City of Diamond Bar 21660 E. Copley Drive, Ste 100 Diamond Bar, CA 91765 (909) 396-5694 CONTRACT AMENDMENT THIS CONTRACT AMENDMENT IS APPLICABLE TO: ORIGINAL CONTRACT TITLE: CONTRACTOR: Maintenance of eight (8) Community Parks Accurate Landscape & Maintenance Corp. 611 W. Palm Avenue APPROVED CONTRACT DATES: Orange, CA 92668 7/1196 thru 6/30/97 (714) 288-5955 SCHEDULED COMPLETION DATE: TOTAL OF CONTRACT PRIOR TO AMENDMENT: 6/30/97 $102,600 CONTRACTOR IS AUTHORIZED TO COMPLETE THE FOLLOWING SCOPE OF WORK: Clean-up all trash, graffiti and stream area that is located in the "natural" area of Sycamore Canyon Park. Perform maintenance tasks once per week (Mondays or if Monday is a holiday, Tuesdays) for the cost of $193.50 per month. Authorized 12 month amendment: $193.50 x 12 months — $2,322.00 Authorized amendment for remainder of 1996/97 Fiscal.Year (October, 1996 thru June 30, 1997): $193.50 x 9 months — $1,741.50 THE AMOUNT OF THE CONTRACT WILL BE INCREASED/DECREASED BY THE SUM OF $2.322.00 THE CONTRACT PERIOD WILL BE INCREASED/DECREASED/UNCHANGED: N/A DAYS CONTRACT TOTAL INCLUDING THIS AMENDMENT: $104,922 REVIEWED BY: INITIAL Iair t. Superintendent unity Services Director Date D dtei IL61-1` Date Date CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 6,1997 REPORT DATE: April 29, 1997 FROM: Bob Rose, Community Services Director TITLE: Extension of Weed Control/Sidewalk and Parkway Maintenance Contract. SUMMARY: At its meeting on September 21, 1993, the City Council awarded a contract to Landscape West, Inc., in the amount of $54,742, to provide weed control along parkways and to clean sidewalks located in the public right-of-way in Diamond Bar. The first year of the contract began on October 1, 1993 and continued through September 30,1994. The contract was extended by the City Council at its August 16,1994, for the period of July 1, 1994 through June 30, 1995, on April 18, 1995 for the period of July 1, 1995 through June 30, 1996 and again on May 21, 1996 for the period of July 1, 1996 through June 30, 1997. The contract allows the City Council to extend the contract on an annual basis, for a maximum of five times, If an extension is deemed to be in the best interest of the City. An extension for the 1997/98 fiscal year will be (Contiued on page 2) RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Landscape West, Inc. for the Weed Control/Sidewalk and Parkway Maintenance in Diamond Bar for fiscal year 1997/98 in an amount not to exceed $55,750. 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: Letter of Agreement 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? A Yes _ No 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 No Report discussed with the following affected departments: None REVIEWED BY: T"� Terrence L. BeIAAr City Manager Frank M. Usher Assistant City Manager Community Services Director City Council Agenda Report Ext. of Weed Control/Parkway Maintenance Contract Meeting Date: May 6, 1997 Page Two SUMMARY: (Continued) the fourth extension. On January 16, 1996 meeting, the City Council approved an amendment to include the maintenance of an undeveloped parkway area as part of the Weed Control/Sidewalk and Parkway Maintenance Contract. The additional area of responsibility increased the contract amount by $84 per month or $1,008 per year, bringing the total annual cost of the contract to $55,750. After four years of servicing this contract, Landscape West, Inc. has proven they can satisfactorily perform the specifications of the contract. Landscape West, Inc. has agreed to forgo a Consumer Price Index increase for the 1997/98 fiscal year, as they have done for the past three years. Staff believes that the contract amount of $55,750, which includes the amendment increase of $1,008, is a very competitive price. The next lower bid received in the bidding process was $67,940.01, which is 21% higher than the current contract amount. LANDSCAPE WEST, INC. April 4, 1997 Mr. Bob Rose CITY OF DIAMOND BAR 21660 E. Copley Drive # 100 Diamond Bar, CA 91765-4177 Tel: 909/860-2489 Fax: 909/861-3117 Re: Contract Renewal Weed Control/Sidewalk and Parkway Maintenance and District #41 Maintenance Dear Bob: �l APR -g P� 3:33 DJ;"tsd i 31Wq 13 NR S Cotiti 'T i, This letter is to advise you that Landscape West, Inc., will be happy to renew our contracts for the Weed Control/Sidewalk and Parkway Maintenance at $55,750.00 and District 441 Maintenance at $35,400.00 for the 1997/98 year. These are the same prices as the 1996/97 contract which runs through June 30, 1997. We look forward to another year working with you and the people of Diamond Bar. Sincerely, [� C__ Dan Jensen Vice President DJ/mvw cc: Don Hensley Roberto Perez DB4497. WPD 950 N. Tustin Avenue, Anaheim, CA 92807 • 714/632-9770 • FAX 714/632-9477 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between LANDSCAPE WEST, INC. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor LANDSCAPE WEST, INC. and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for Weed Control/Sidewalk and Parkway Maintenance in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK:_ The work to be done under this Agreement shall include the furnishing of all labor, material and equipment necessary for the provision of maintenance services as set forth in the specifications for Weed Control/Sidewalk and Parkway Maintenance in the City of Diamond Bar. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3, TERMS OF CONTRACT a. The undersigned bidder calendar o days cute the from the contract within ten ( ) Y date of notice of award of shall take effect and commences on October t. This agreement 1. 1993 for a period of twelve (12 ) months. b. The City shall have the option to extend this agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option toirenew at on of ease ast thirty (30) days prior to the exp or of any initial term of this Agreement, additional one (1) year extensions. 4. INSURANCE: The Contractor shall not commence work under this contract until he has or companieslned all insurance accept acceptable to city norgshall hereunder in a company the Contractor allow11 insur nce subcontractor of themsubco tractor has subcontract until ain at been obtained. The contractor shall take out and maintaof ll times during the life of this contract the following policies insurance: a, Compensation Insurance: Before beginning work, the Contractor shall furnish to the City of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisionsof $ection 3700 contractor of the California Labor Code, Y 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 be the Labor Code which require every emplbyer to insured against liability for workers' compensation or to undertake self insurance in accordance wit the provisions of that Code, and I the Performance ly with such provisions before commencing of work of this contract." b. For all operations of the Contractor or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in a form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a hopy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director _ of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees pro- vided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT• Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this Agreement set forth in Bid Sheet, one month in arrears, on the last day of the month, or as soon thereafter as payment is approved by the City Council. Conract Price: $ 54,742. In the event the City exercises its option to extend the term of this Agreement as provided in paragraph 3.b., Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year. This will be accomplished by multiplying the current level of the contractor's compensation by the percentage of increase in the Consumer Price Index ("CPI") for the month immediately preceding the Adjustment Date (the "Index Month") over the CPI for the month one year prior to the Index Month. The "CPI" index that will be used for this calculation is identified as the Los Angeles -Anaheim -Riverside Metropolitan area Index as reported by the Bureau of Labor Statistics of the United States'Department of Labor. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. 417109 September 14, 1993 Date APPROVED TO ORM:, By: '?-��� Date Landscape WeG Inc 1705 S. Claudina Way Anaheim, CA 92805 Title Barry L. Koniei, President Title Contractor's Business Phone: (714)991-1705 Emergency Phone at which Contractor May be reached at any time: (714)991-1705 PROJECT NO. City of Diamond Bar 21660 E. Copley Drive, Ste 100 Diamond Bar, CA 91765 CONTRACT AMENDMENT THIS CHANGE ORDER IS APPLICABLE TO: CONTRACTOR PROJECT TITLE Weed Control & Parkway Maintenance Landscape West, INc. 1705 S. C1_ajirli_na Wav Anaheim, CA 92805 NOTICE TO PROCEED TOTAL OF CONTRACT PRIOR TO SCHEDULED COMPLETION DATE THIS CHANGE ORDER $ 54,742. CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES: Additional Maintenance Responsibilities: Need Control / Sidewalk & Parkway Maintenance of area on the North side of Walnut, West of Calbourne to the City Limits and east of Calbourne to the first residential lot. Increase of $84, per month beginning January 1, 1996 through June 30, 1996. The area will require an initial clean-up by hand crews at a cost of $320. THE -AMOUNT -OF -THE CONTRACT WILL BE INCREASEDMgO BY THE SUM OF $824.00 THE CONTRACT PERIOD WILL BE CONTRACT TOTAL INCLUDING / UNCHANGED n/a DAYS THIS CHANGE ORDER $55 , 566.00 REVIEWED BY---------INITIALS----===DATE APPROVED =B___________________ Y DATE PROJECT COORDINATOR 1 )dL= PROJECT MANAGER TRACTOR CITY AGER CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: May 6,1997 REPORT DATE: May 1, 1997 FROM: Bob Rose, Community Services Director TITLE: Extension of graffiti removal contract with Graffiti Control Systems. SUMMARY: On the May 18, 1993, the City Council awarded a contact to Graffiti Control Systems, in the amount of $16,590 ($30 per site), for supplemental graffiti removal in Diamond Bar through June 30, 1994. The contract allows the City Council to extend the contract on an annual basis and adjust the quantity of work to serve the best interests of the City. On August 16, 1994, the City Council extended the contract for the fiscal year 1994/95, in the amount of $20,000 (666 sites). On April 18, 1995, the City Council extended the contract for the 1995/96 fiscal year, in the amount of $25,000 (833 sites) and again on May 21, 1996 for the 1996/97 fiscal year, in the amount of $30,000 (1000 sites). There were a total of 1,192 sites of graffiti removed in the 12 months of May 1996 through April 1997. After four years of servicing this contract, Graffiti Control Systems has proven that they can satisfactorily perform the specifications of the contract. Graffiti Control Systems has agreed to forgo a C.P.I. increase to extend the contract for the 1997/98 fiscal year. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract with Graffiti Control Systems for graffiti removal in Diamond Bar for fiscal year 1997/98 in an amount not to exceed $35,000. ($30 per site/1,160 sites) LIST OF ATTACHMENTS: Staff Report _ _ Resolution(s) X _ Ordinance(s) x Agreement(s) Public Hearing Notification Bid Specifications (on file in City Clerk's office) Other- Letter of Agreement EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? Yes No 2. Does the report require a majority vote? _ 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: None REVIEWED BY: DEPART T HEAD: Terrence L. Belaer Frank M. Usher Bob -Roie City Manager I Assistant City Manager Community Services Director AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between Graffiti Control Systems hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid from Contractor Graffiti Control Systems and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for graffiti removal in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for graffiti removal in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require complete and finished work for each removal assignment and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to 15 complete the work of each removal assignment within twenty- four hours of assignment. The bidder agrees further to the assessment of liquidated damages in the amount indicated in item 6 of the attachment for assignments that remain incomplete beyond the scheduled completion time. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the tngineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 16 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, it officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled.or altered without thirty (30) days written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the 17 general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices and the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ration of apprentices journeymen that will be used in performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show it is replacing at least 1/30 of its membership through apprenticeship training on a annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts 'on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship 18 programs if he employs registered apprentices or journeymen in. any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him, or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 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 property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, 19 obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgement rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the Contractor hereunder, the Contractor agrees to pay City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees.. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such action or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated March 5, 1993. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, - the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least ten (10) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 20 IN WITNESS WHEREOF, be duly executed with all dates set forth opposite State of California Contractor's License No. Date APPROVED AS TO City Atto y Date the parties hereto have caused these presents to the formalities required by law on the respective their signatures. By: T' le Title CITY OF DIAMOND ;BAR,C FORNIA By: Mayor By : City clerk Contractor's Business Phone (800) 794-7384 or (818) 982-8480 Emergency Phone at which / u Contractor can be reached at any time ` 1 21 CITY OF DIAMOND BAR RECEIVED �� 21660 E. Copley Drive 96 ,1ISL 16 r CA 91765 Diamond Ba , COP'�NUNI�i`� SERY►CES PROJECT CHANGE ORDER THIS CHANGE ORDER IS APPLICABLE TO: PROJECT NO. PROJECT TITLE Cit -Wide Graffiti Removal contract - 1995/96 Fiscal Year CONTRACTOR Graffiti Control S stems Inc. 7260 Atoll Street North Hollvwood CA 91605 Jul 1 1995 TOTAL OF CONTRACT PRIOR 50000.00 NOTICE TO PROCEED THIS CHANGE ORDER $25 DATE June 30, 1996 SCHEDULED COMPLETION DAT GES: CONTRACTOR IS AUTHORIZED TO MARE THE FOLLOWING CHAN removal of additional 150 sites @$30 Per site for 1995/96 Fiscal Year. Graffiti By THE SUM OF $4.50_ TRACT WILL BE INCREASED/� THE AMOUNT OF THE CON _______________________ CONTRACT TOTAL INCLUDING -------- -----= WILL BE Y THIS CHANGE ORDER $29. --- WI THE CONTRACT PERIOD CHANGED N A DA 5=====_______ DA E =DATE —yPROV��A� 4 -1�� REVIEWED BY INITIALS � 1 'I PROJECT COORDINATOR If PROJECT MANAGER VITT yr o1r1M%j"U O^M AGENDA REPORT AGENDA N0. C::z, / TO: Terrence L. Belanger, City Manager MEETING DATE: May 6,1997 REPORT DATE: April 29,1997 FROM: Bob Rose, Community Services Director TITLE: Extension of City -Wide Street Tree Maintenance Contract, SUMMARY: On July 5, 1994, the City Council awarded a contract to West Coast Arborists, Inc. for City-wide street tree maintenance. The first year of the contract was from July 1, 1994 through June 30, 1995. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. The contract also Marrs the City Council to determine the quantity of work to be performed by the contractor on an annual basis. The contract was extended by the City Council at its April 18, 1995 meeting for the period of July 1, 1995 through June 30, 1996 and again on May 21, 1996 for the period of July 1, 1996 through June 30, 1997 for $45,000. Staff recommends that the extension for the 1997/98 Fiscal Year also be for $45,000. West Coast Arborists, Inc. has done an excellent job servicing the City's tree maintenance needs. West Coast Amorists, Inc. has agreed to forgo a Consumer Price Index (C.P.I.) increase for the 1997/98 fiscal year contract, as they have for the past three years. RECOMMENDED ACTION: It is recommended that the City Council approve the extension of the contract for City-wide street tree maintenance to West Coast Arborists, Inc., in the amount not to exceed $45,000 for the 1997/98 fiscal year. LIST OF ATTACHMENTS: Staff Report Resolution(s) _ Ordinance(s) I Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) X- Other: Letter of Agreement 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X_ Yes _ No 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: None REVIEWED BY: DEPARTMENT HEAD: Terrence L. Belanger City Manager Frank M. Usher Assistant City Manager Bo ose Community Services Director WOMM101 DOW 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 West Coast Arborists, Inc. hereinafter referred to as the "Contractor" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor West Coast Arbori st_ Tn 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 Citywide Street Tree Service as described in Exhibit "A". 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 citywide street tree service. Said work to be performed in accordance with specifications and standards on file in the office ofthe 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. a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within one hundred twenty (120) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ( $100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. .INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontsactors 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) S500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City Or Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included; i 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter. 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is here by given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. 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 ENTLOYMFNT_ 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 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 i. is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. 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 Or 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. CONIRACTOR'S LI ILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. c. In the event City, without fault, its 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 June 281994, in the total amount of $ 37,400.00 12. ATTO KEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 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. 3yei 64 L- L l L-11 �in N; 'S t9 I q ciLi Date APPROVED AS TO FORM City Attorney -� Date WEsT CoaSt 6944%51' 1 NC BYi R ---in \J - P. Title CITY OF BY: Mayor BY: Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time CALIFORNIA CITY OF DIAMOND BAR TO: Mayor and City Council Members i FROM: Terrence L. Belanger, City Manager SUBJECT: Budget Adjustment for Building and Safety Contract Services DATE: May 6, 1997 BACKGROUND: The City Fiscal Year 1996-1997 Budget estimated an expenditure for Building and Safety Contract Services at $200,000 and estimated revenues of $291,500. Building and Safety service expenditures are based upon a percentage of the building permit, plan checking and inspection revenues. Revenues and expenditures are expected to exceed original estimates primarily as a result of increased residential development activity. It is necessary to increase FY 96-97 expenditures for building and safety contracted services by $40,000 and revenues by $109,000. RECOMMENDATION: It is recommended that the City Council approve a budget adjustment increasing expenditures for Building and Safety Services by $40,000 and revenues by $109,000. JDS:dbm CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Honorable Mayor and Council Members MEETING DATE: May 6,1997 REPORT DATE: April 29,1997 FROM: Terrence L. Belanger, City Manager TITLE: Extension of Vendor Services with Highpoint Graphics SUMMARY: The City of Diamond Bar selects a vendor each year to provide annual pre -press and digital publishing services. Highpoint Graphics (a.k.a., Highpoint Digital Publishing Solutions) has been the lowest bidder for the past two years, and currently provides the most competitive pricing and quality of service. Due to a heavy demand for digital -type services this year, the maximum amount normally awarded to an individual vendor ($10,000) will be exceeded, if ongoing projects are to be completed through the remainder of this fiscal year. Currently, there are sufficient funds in the City's pre -press printing account that can be used to complete ongoing and planned projects through the end of the current fiscal year, pending Council approval. RECOMMENDATION: It is recommended that the City Council authorize an extension of services with Highpoint Graphics in the amount of $3,500, to be applied to miscellaneous projects through the remainder of the current fiscal year. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's office) Ordinance(s) _ Other: Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed NIA _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? NIA _ Yes _ No 3. Has environmental impact been assessed? NIA _ Yes _ No 4. Has the report been reviewed by a Commission? NIA _ Yes _ No Which Commission? 5. Are other departments affected by the report? X Yes* _ No Report discussed with the following affected departments: *(Other departments may be directly affected if a department project requires digital services.) )RIVEWED BY: Terrence L. Belanger City Manager Assistant City Manager Mike(N,elson Community Rela ons Officer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 6,1997 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Extension of Vendor Services with Highpoint Graphics ISSUE STATEMENT: Due to a heavy demand for digital -type services this year, the maximum amount normally awarded to an individual vendor ($10,000) will be exceeded, if ongoing projects are to be completed through the remainder of the current fiscal year. RECOMMENDATION: It is recommended that the City Council authorize an extension of services with Highpoint Graphics in the amount of $3,500, to be applied to miscellaneous projects through the remainder of the current fiscal year. FINANCIAL SUMMARY: Currently, there are sufficient funds in the City's pre -press printing account that can be used to complete ongoing and planned projects through the end of this fiscal year, pending Council approval. BACKGROUND DISCUSION: The City of Diamond Bar selects a vendor each year to provide annual pre -press and digital publishing services. These services are required to produce a variety of communication and marketing tools that Council and city staff utilize for communications with residents (e.g., community newsletter, special handouts and publications); for marketing materials (color site selection portfolios, display materials, handouts); and for information and advertising materials that are printed for public distribution. For the past two years, Highpoint Graphics (a.k.a., Highpoint Digital Publishing Solutions) has been selected to provide these services. The selection was based on the company's pricing (lower on a majority of services required by the City); quality of product produced (consistent history of providing quality services to the City); and reliability (able to meet schedule requirements, regardless of type of job). Due to the demand for this company's services this year, it will be necessary to extend its current service arrangements if the City is to complete planned projects through the end of the current fiscal year. Some of these projects include, but are not limited to, the Community Newsletter and Recreation Guide (Summer issue), San Gabriel Valley Report advertising supplement and reprints, updated site selection portfolio information, and miscellaneous department projects. Report prepared by: Mike Nelson c1T-1r Or UIflmQr4 W OAM AGENDA REPORT AGENDA N0. iD• TO: Honorable Mayor and Council Members MEETING DATE: May 6,1997 REPORT DATE: May 2, 1997 FROM: Terrence L. Belanger, City Manager TITLE: PANTERA PARK CONSULTANT SERVICE AMENDMENTS SUMMARY: The City Council approved the release of bid documents for the construction of Pantera Park on April 1, 1997. Bids will be opened on May 8,1997, and the contract is proposed to be awarded by the City Council at the May 20, 1997, City Council Meeting. In preparation for the commencement of the Pantera Park construction, the City retained the firm Heimberger Hirsch & Associates for construction management. With the impending construction, the City needs to amend the contract with Heimberger Hirsch to include 150 construction days instead of the original 110 construction days, preparation of addenda and bid schedules and additional plan review time. Throughout the development process, D & J Engineering has reviewed the plans and been part of the Pantera Park Project Team. The City needs to issue a purchase order for D & J Engineering to include construction coordination services, meeting attendance, and payment for the additional plan reviews required. In addition, the City is required to retain a Soils/Geotechnical firm to provide soils testing and geotechnical observation and construction surveying during the construction. The firms of Leighton and Associates and Dewan, Lundin and Associates are recommended for these services respectively. With the amended contract and additional firms, the City will be prepared for the forthcoming construction. RECOMMENDATION: It is recommended that the City Council amend the Professional Services Agreement with Heimberger Hirsch for an amount not -to -exceed $30,450; award purchase orders to D & J Engineering in an amount not -to -exceed $11,092, to Leighton and Associates for an amount not -to -exceed $8,620, and to Dewan Lundin & Associates in an amount not -to -exceed $18,960. LIST OF ATTACHMENTS: X Staff Report Resolution(s) Public Hearing Notification Bid Specification (on file in City Clerk's office) _ Ordinance(s) X Other: Proposals X Agreements) 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? N/A _ 4. Has the report been reviewed by a Commission? N/A —Yes —No —Yes —No 5. Are other departments affected by the report? N/A Yes No REVIEWED BY: Terrence L. Be ger City Manager Frank M. Usher Assistant City Manager avid G. Liu Deputy Director of Public Works CITY COUNCIL REPORT MEETING DATE: May 6, 1997 Agenda No. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: PANTERA PARK CONSULTANT SERVICE AMENDMENTS ISSUE STATEMENT To amend the contract with Heimberger Hirsch & Associates and issue purchase orders with D & J Engineering, Leighton & Associates and Dewan, Lundin & Associates (DLA) to assist in the construction of Pantera Park. RECOMMENDATION It is recommended that the City Council amend the Professional Services Agreement with Heimberger Hirsch for an amount not -to -exceed $30,450. Award Purchase Orders to D & J Engineering in an amount not -to - exceed $11,092, to Leighton and Associates for an amount not -to -exceed $8,620, and Dewan Lundin & Associates for an amount not -to -exceed $18,960. FINANCIAL SUMMARY The construction of Pantera Park is estimated to cost $2,100,000, excluding the Activity Room and contingencies. The total allocated project budget for FY 1996-97 is $2,227,507. Said budget consists of $1,803,507 Proposition A Grant, $320,000 Quimby Funds, and $153,000 Developer Fees. BACKGROUND DISCUSSION The construction of Pantera Park is tentatively scheduled to commence in early June, 1997 Heimberger Hirsch & Associates: In July 1996, the City entered into a Professional Services contract with Heimberger Hirsch to provide construction administration and inspection services. Due to the construction period being increased from 110 working days to 150 working days, the contract needs to be amended. In addition, the City requested that Heimberger Hirsch prepare the required addenda and bid schedule to expedite the project. The original contract amount of $53,040 will be increased for a total of $83,490. D & J Engineering : The City has contracted with D & J Engineering Services, the City's Building And Safety Consultant, to be part of the Pantera Park Project Team and review and comment upon the park plans and specifications. Due to the lengthy process of preparing the park development plans and specifications and the five plan check reviews required of D & J Engineering has exceeded their previously approved contract amount. In addition, the City will be relying on D & J to assist in the construction coordination services. Leighton and Associates, Inc.: The City requested proposals to provide geotechnical observation and soils testing services during construction. Based upon the proposals, Leighton and Associates are deemed to be the best qualified firm to provide said services. In addition, their proximity to the site will be useful when field visits are required immediately. Ficwan. Lundin I Rssociates: Di-A will accist in the prnper 12vnnt of tho nark and its necessary elements - storm drains, parking lot, and ballfields. The Pantera Park Team decided it was imperative that the City, not the construction contractor, provide the surveying and grading staking. The construction staking will set the horizontal and vertical controls for construction, of the drainage system, curb and gutter, fields and concrete work. The construction surveying has therefore been removed as a contractor bid item. Report Prepared by: Kellee A. Fritzal Assistant to the City Manager Attachments: Proposals Amendments Heimberoer ffirSch' E Assoc.iareS Inc. Ms. Kellee A. Fritzal Assistant to the City Manager City of Diamond Bar 21660 E. Copley Drive Diamond Bar, CA 91765 Re: Pantera Park P.O. #P-4517 Subj: Additional Services HHA Ref No: 96011 Dear Kellee, LANDSCAPE ARCHITECTURE AND PLANNING 515 W. COMMONWEALTH, SUITE 205, FULLERTON, CA 92632 (714) 773-0973 LA #1523 and LA #1710 April 29,1997 The following services and associated fees for Pantera Park are per the project committee's request, and are revised from the original letter dated March 26, 1997. Survey services has been delayed and will be bid out under separate contract by the City. * Meetings: Heimberger/Hirsch & Associates, Inc.................6 @ $250.00/EA ..................$1,500.00 Dewan Lundin & Associates ............................6 @ $250.00/EA ..................$1,500.00 * Additional Plan Review: Heimberger/Hirsch & Associates, Inc ..........18 Hrs. @ $55.00/Hr..................... $990.00 Dewan Lundin & Associates ..................... 12 Hrs. @ $75.00/Hr..................... $900.00 * Preparation of Special Provisions for Specifications: Heimberger/Hirsch & Associates, Inc.......... 12 Hrs. @ $55.00/Hr.....................$660.00 4 Hrs. @$35.00/Hr......................$140.00 Dewan Lundin & Associates .......................6 Hrs. @ $75.00/Hr..................... $450.00 * Preparation of Addenda One: Heimberger/Hirsch & Associates, Inc.......... 16 Hrs. @ $55.00/Hr..................... $880.00 8 Hrs. @$35.00/Hr.....................$280.00 * Preparation of Project Bid Schedule: Heimberger/Hirsch & Associates, Inc.......... 12 Hrs. @ $55.00/Hr..................... $660.00 8 Hrs. @ $35.00/Hr ......................$280.00 Dewan Lundin & Associates .......................6 Hrs. @ $75.00/Hr..................... $450.00 * Heimberger/Hirsch & Associates, Inc. and Dewan Lundin & Associates office support, I.E.. Review of civil plans for accuracy and clarifications..................................................................................... $4800.00 * Increase construction time from 110 working days to 150 working days: Construction Management ....................... 64 Hrs. @ $55.00/Hr................... $3,520.00 Construction Inspection .........................320 Hrs. @ $42.00/Hr................. $13,440.00 Total.................................................................................................$30,450.00 Thank you, i, President tect, ASLA #1710 Heimberaer Much EA55ocld[Pj Inc. I/ • Plan Review • Inspection • Administration ' May 1, 1997 Mr. David L ii, P.E. Deputy Director of Public Works City of Diamond Bar 21660 E. Copley Drive Diamond Bar, CA 91765 Re: Additional Services Dear David: The following services and associated fees for Pantera Park are per the Project Committee request. They are provided in detail form. * Team Meetings: Total 15 meetings at one (1.5) hr. /meeting @ $65.00/hr. . . . . . . $1,462.50 * Additional Plan Review: Total 20 hrs. @ $65.00/hr. ... . . . . . . . . . . . . . . . .. . . . $1,300.00 * Pre-bid walk/ Pre-bid construction meetings: Total 4 hrs. @ $65.00/hr. . . . . . . . . . . . . . . . . . . .. . . . .$ 260.00 * Weekly Job Status Meetings: Total 48 hrs. (1 meeting/week, 2 hr. /meeting) @ $65.00/hr. ... ...$3,120.00 * Review of addendums: Total 10 hrs. @ $65.00/hr. . . . . . . . . . ... . . .. . . . . . . . .$ 650.00 556 North Diamond Bar Boulevard, Suite #301, Diamond Bar, CA 91765 Tel. (909) 396-6984 • Fax (909) 396-7634 Additional Services Pantera Park Page 2 * Construction Inspection: Total 60 hrs. @ $50.00 . * Code Interpretation and .. .... .$3,000.00 compliance: Total of 20 hrs. @ $65.00/hr. . . $1,300.00 TOTAL ADDITIONAL SERVICE FEES . . . . . . . •••••...$11,092.50 Should you have any further questions regarding the above items' ms, please contact me at Respectfully yours, Dennis A. Tarango v/ D&J Engineering LEIGHTON AND ASSOCIATES, INC, April 30, 1997 Geotedmkal and Environmental Engineering Consuhants Proposal No. P97102-046 To: City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Attention: Ms. Kellee Fritzal Subject: Proposal to Provide Geotechnical Observation and Testing Services Construction of Pantera Park Improvements, City of Diamond Bar, California Introduction In response to your request, Leighton and Associates, Inc. is pleased to present this proposal Provide geotechnical observation and testing services during P P sal to improvements. This proposal is based on your Request for Pro construction of the Pante i Park We have not reviewed the plans and specifications or previous soils reports axed us tPrepared for date. project. PrP r this P OUosed ImnmvPt„o Va1LJ Based on your RFP, we understand that improvements will be made to the existin Panter consisting of two ball fields, basketball courts, tennis courts, restroom/concession building, 8 a Park parking lot and walkways. There is also an alternative bid item for an activity room. Minor balanced Minor grading will be performed onsite to create proper drainage. ualifications Leighton and Associates, Inc. is very familiar with the site. During Planningphases, asked to prepare improvements. Although that phase of the work was awarded to others, a proposal to conduct a geotechnical investigation and plan reviw for we Proposed for the substantial amount of background review in order to prepare our proposal. Leighton did a Thus we ar familiar with the site and the geotechnical conditions. every 659 BREA CANYON ROAD, SUITE 4, WALNUT CA 91789 (909) 869-6382 • (800) 777-2286 FAX (909) 869-6387 P97102-046 Scope of Work The scope of our work, as we understand the project requirements at this time, will consist of the following services: • Review of available relevant plans, specifications and geotechnical reports prepared by others for the project. We assume that you will provide these documents to us for review. • Attendance at one preconstruction meeting with the City's representative and the general contractor. • Full- and part-time geotechnical observation and testing provided by a qualified soil technician, on-call, as -needed. Our technician will observe removal bottoms, obtain representative soil samples for laboratory testing and conduct field density testing of fill placed during grading and construction. We will also observe footing excavations prior to placement of reinforcing steel and concrete to verify that the footings have been excavated into competent fill soil. We have assumed that our technician services will be required for a total of 80 hours in the field. Laboratory testing of representative soils samples to determine maximum dry density and optimum moisture content, expansion index, and sulfate concentration. • Supervision, QA/QC and project management. • Preparation of a final as -constructed geotechnical report summarizing the earthwork operations observed and the results of our field and laboratory testing. Schedule Leighton is prepared to begin our review and attend the preconstruction meeting within 48 hours of our receipt of your signed authorization to proceed. We would appreciate at least 24 -hours advanced notice for scheduling field technicians. We anticipate that our final report will be issued within three weeks after the completion of our fieldwork. Cost Estimate The costs for our services will accumulate on a time -and -materials basis in accordance with rates previously agreed upon with the City as shown in our Consulting Services Agreement dated October 15, 1996. These rates are reflected on our attached Table 1 - Breakdown of Estimated Costs along with our assumptions regarding the amount of time each of our services will require. Based on the scope of work discussed above and on Table 1, we estimate that the costs for our services will be Eight Thousand Six Hundred Twenty Dollars ($8,620). We agree not to exceed 8iL �■1 -2- LEIONTONAMASSOCIATES, INC. P97102-046 this estimated cost without prior authorization from the City. Additional services beyond the scope of work discussed herein will be charged on a time -and -materials basis. We appreciate the opportunity to be of continued service to the City of Diamond Bar and we look forward to working with you on this project. If you have any questions or information which would update our proposal, please call us at your convenience. If our proposal is acceptable, please provide us with your purchase order and notice to proceed. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. David C. Smith, P E. Associate/Managing Director DCS/rsh Attachment: Table 1 - Breakdown of Estimated Costs Distribution: (1) Addressee -3- A— LENWONNWAMMITS, 1 P97102-046 TABLE I BREAKDOWN OF ESTIMATED COSTS* GEOTECHNICAL SERVICES - PANTERA PARK Project Review Senior Reviewer 1 hr. @ $100/hr. _ $100 Operations Manager 1 hr. @ $80/hr. = 80 Subtotal: $ 180 Preconstruction Meetina Operations Manager 2 hrs. @ $80/hr. $ 160 Field Observation and Testin Technician 80 hrs. @ $55/hr. $4,400 Operations Manager 6 hrs. @ $80/hr. 480 Vehicle Use 86 hrs. @ $4/hr. 344 Subtotal: $ 5,244 Laboratory Testin Maximum Density/ Optimum Moisture 4 tests @ $115 ea. $460 Expansion Index 2 tests @ $91 ea. 182 Soluble Sulfate 2 tests @ $37 ea. 74 Subtotal: $ 716 4A/QC and Project Management Operations Manager 4 hrs. @ $80/hr. $ 320 Report Preparation $2.000 TOTAL ESTIlKATED COST: 58,620 * Actual Cost will vary depending of contractor's schedule and field conditions encountered during construction. May 2, 1997 bft. David Liu Deputy Director of Public Works City of Diiwoni Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91763-4177 Subject: Pawtera park, City of Diamond Bar - Construction Phase Dear David, Dewar. Lundin dt Associates is pleased to present this proposal to perform construction aWneermg services for the subject project. The scope of work and fee proposal are indicated on attached ]Exleit "A". If you have any question or concern= regarding this submittal, please ca the undersigned. Sincerely, Dew sm, Lundin Ile Associates 2iSurender DeipE. opal AnwhamKo) P-0137a.PRO W. David Liu Pantem Park May 2, 1997 Page 2 FEE PROPOSAL Construction Phase Pasters Park, City of Diamond Bar No. Description Hour - Rate Amount 1. Propate Snnoy Topo Control Map based an H*hZOtW1 C WOW Pen provided by to City: 16 hours at 560.00 $960.00 2. SotHariamtal and Vocal Couorol for 4 hoots at $123.00 $500.00 3. Rough Grads Staidw. 32 hours at 5123.00 :4,000.00 4. Stake Biding Corners: S. ' 04 -Site Drainage SYMM • See Nota 1: 6. Stabs Curb and Gutter, Oa -Situ Parkmg Lot 7. • Layout Ball Fields, Toone CC and Multiipupoae Field - See Note 2: 8. Stake Setvw Line: 9. Layout Caocrew Work i.e., Sidewalks: 4 hours at $125.00 $500.00 32 hours at $125.00 54,000.00 36 hours at $125.00 $4,500.00 16 hours at $125.00 52,000,00 4 hours at 5123.00 $500.00 16 hours at 5123.00 $2,000.00 Total Amount: ........ S1S96 M Note 1: On-site drainage srys = include= stakas for junction skucqu+es, tnanhoL% area drains, B.C.'s and E.C.'s of pipes for vertical and horiwrual cotttr I Coattador to be responsible for any additional staking to MUme construction per phos. Note 2: Lr Iudes hociaCtttal layout of two (2) bas W fields, tennis courts wW mul ipurpose 5eld, as well as TBWI (2 *A roc basabatl Uds and i WA &r tennis Courts Wd MukOnpar W. Cartractor to be rule for additional staking to Facilitate construction per plass. CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. �.2 TO: Honorable Mayor and Council Members REPORT DATE: April 29,1997 MEETING DATE: May 6, a L? FROM: Belanger, City Manager TITLE: CONTRACT AMENDMENT WITH VAN WINKLE & ASSOCIATES FOR VIDEOGRAPHY SERVICES SUMMARY: The City of Diamond Bar mailed out Request For Proposals for Videography services Van Winkle Be est responsive for Capital Improvement and various projects. requests for Ivarious projects (matrix attached), the bidder. Due to a heavy demand for videography sere maximum amount normally awarded to an individual vendorea$h0�0erOv)icels are util zed to docbe exceeded, if lument project completed through the remainder of this fiscal year. VId g p Y progress. There is sufficient budget to complete ongoing and future projects through the end of the current fiscal year, pending City Council approval. RECOMMENDATION: It is recommended that the City Council authorlze an projects througon of services with Van h the remainder of the Winkle & Associates for a total of $500, to be applied to miscellaneousp 1 current fiscal year. Staff Report _ Public Hearing Notification LIST OF ATTACHMENTS: X Resolution(s) Bid Specification (on file in City Clerk's office) — Ordinance(s) X Other: ""w+'`x ^f oroie�ts — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 2. 3. 4. 5. Has the resolution, ordinance or agreement been reviewed by the City Attorney? Does the report require a majority vote? Has environmental impact been assessed? Has the report been reviewed by a Commission? Which Commission? Yes —No NIA _ Yes —No N/A — Yes —No _ Yes _ No Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Terrence L. anger City Manager Frank M. Usher Assistant City Manager X Yes _ No Public Works/Engineering ellee A. Fritza Assistant to the City Manager Job Title VIDEOGRAPHY SERVICES VAN WINKLE AND ASSOCIATES 1996-97 PO Amount Paid Sycamore Canyon Creek Bed 5477 960.83 (Actual) Sunset Crossing Cul de Sac 4042 421.65 (Actual) Sunset Crossing Rehahilitation 4904 5,400.00 (Actual) Minneque 5731 420.00 (NTE*) Schools Study 5719 2,200.00 (NTE) Redevelopment 5724 670.00 (NTE) Total $10,072.50 * NTE - Not to Exceed purchase orders MTV OF DIAMOND BAR AGENDA REPORT AGENDA NO.g TO: Honorable Mayor and Council Members MEETING DATE: May 6,1997 REPORT DATE: April 25, 1997 FROM: Terrence L Belanger, City Manager TITLE: SECOND READING OF ORDINANCE 97-01 " AN ORDINANCE OF THE CITY OF DIAMOND BAR AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND JONES INTERCABLE, INC. AND CONCURRENTLY AUTHORIZING THE ASSIGNMENT OR TRANSFER OF THAT FRANCHISE AGREEMENT BY JONES INTERCABLE, INC. TO CITIZENS CENTURY CABLE TELEVISION VENTURE" SUMMARY: The City Council has given first reading to the Ordinance approving the Cable Franchise Agreement at the April 1, 1997 meeting. The Ordinance was scheduled for second reading and adoption at the April 15 Council meeting. The vote for the second reading was two in favor and one opposed. However, the Ordinance requires three affirmative votes pursuant to Government Code §36936. Therefore, the Cable Franchise Ordinance is before the City Council for the second reading. The Agreement has not been amended from the first reading. RECOMMENDATION: It is recommended that the City Council approve for second reading by title only and waive full reading and adopt Ordinance No. 97 - 01" An Ordinance of the City of Diamond Bar authorizing the renewal of a cable television franchise agreement between the City and Jones Intercable, Inc. and concurrently authorizing the assignment or transfer of that franchise agreement by Jones Intercable, Inc. to Citizens Century Cable Television Venture" LIST OF ATTACHMENTS: —Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification ( City Clerk's office) X Ordinance(s) X Other: Agreement distributed at 411197 Mtg_(no changes) c VTCDk1A1 n1QTDICI1IT1nM- 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? NIA _Yes _ No 4. Has the report been reviewed by a Commission? NIA — Yes _ No Which Commission? 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: REVIEWED BY: /-1, &L, f �-n Terrence L. Bela6gJr City Manager Frank M. Usher Assistant City Manager Kellee A. Fri Assistant to the City Manager ORDINANCE NO. 01(1997) AN ORDINANCE OF THE CITY OF DIAMOND BAR AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND JONES INTERCABLE, INC., AND CONCURRENTLY AUTHORIZING THE ASSIGNMENT OR TRANSFER OF THAT FRANCHISE AGREEMENT BY JONES INTERCABLE, INC. TO CITIZENS CENTURY CABLE TELEVISION VENTURE THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: Section 1. This ordinance is adopted in consideration of the following facts and circumstances: A. Jones Intercable, Inc., a Colorado corporation, ("Franchisee") is the duly authorized holder of a franchise ("Franchise") that authorizes the construction, operation, and maintenance of a cable television system within the City of Diamond Bar ("Franchise Authority"). B. In accordance with Ordinance No. 04 B adopted by the City Council on December 3, 1996, the Franchise will terminate in its entirety on May 31, 1997. C. Negotiations between the Franchise Authority and the Franchisee commenced in mid-1996 and have resulted in a new agreement entitled "An Agreement between the City of Diamond Bar and Jones Intercable, Inc., Renewing a Nonexclusive Franchise to Operate a Cable Television System in the City of Diamond Bar and Setting Forth Terms and Conditions Relating to the Renewal of the Franchise" ("Franchise Renewal Agreement"). D. During the renewal negotiations between the Franchise Authority and the Franchisee, the Franchisee gave notice of its intention to sell and transfer the Franchise to Citizens Century Cable Television Venture, a joint venture organized under the laws of the State of New York and comprised of Citizens Cable Company, a Delaware corporation, and Century Telecommunications Venture Corp., a Delaware corporation ( 'Transferee,,). E. On November 7, 1996, the Franchise Authority received from the Franchisee and the Transferee an application for a transfer of control of the existing Franchise, which application included FCC Form 394 entitled "Application for a pp Consent to Assignment or Transfer of Control Franchise Authority of Cable Television Franchise." F. In accordance with C de,Section 13.12.540 Of Chapter Municipal the Franchise Authority 13.12 of the Diamond Bar rove the financial, technical, and has the right to review and app al ualifications of the Transfereeari hiseconnection with the leg q proposed transfer of control of the Fr reviewed G. The staff of the Franchise Au394rand,ty hbased upon the documentation that accompanied FCC Form has the representations set forth Transfereethat dhasmthearequisite concluded that the proposed adequately technical, and legal qualifications to adeq y financial, performance of, all obligations perform, or to ensure the p and that the required of the Franchisee under the Franchise conditions, and Transferee will be bound by all existing terms, obligations under the Franchise p reviOusly granted by the Franchise Authority to the Franchisee. SSec_ton 2. The Franchise Authority authorizes the e to renewal of a nonexclusive franchise «ion systemwithin the City. operate, and maintain a cable televis ce with of This authorization is made in accordanapplicable teih13ap2 of the provisions of Division 6 ("Renewal aprovisions of state Diamond Bar Municipal Code, the app federal law, diExhibittions fA to this Franchise Renewal Agthat reement attached as this reference. ordinance and incorporated by Section 3. That certain Franchise Renewal Agreement attached as Exhibit A to this ordinance is authorized an to execute that agreement approved, and the Mayor is authorizedits execution by on behalf of the Franchise Authority following the Franchisee. le Sec ion 4. Upon execution of the Franchise Renethe Agreement by the parties as provided for above in Section 3, rdance with Section l3-12.540 Of Franchise Authority, in accoconsents to and chapter 13.12 of the Diamond Bar Municipal Code, approves the proposed sale and transfer of control of t Jones Cable Intercable, Inc. to Citizens Century Franchise by on compliance with the Television Venture, conditioned up following requirements, as to which the Franchisee and the Transferee are jointly and severally responsible: A. The Franchisee and the Transferee will execute and file in the office of the City Clerk an "Assignment and Assumption Agreement" in substantially the form attached to this ordinance as Exhibit B. The Mayor is authorized to execute that document and thereby evidence the written consent of the Franchise Authority to the assignment and assumption of all rights and obligations under the Franchise Renewal Agreement. B. An original or conformed copy of the written instrument evidencing the closing and consummation of the proposed sale and transfer of the Franchise by the Franchisee to the Transferee must be filed in the office of the City Clerk within thirty (30) days after that closing and consummation. C. The Franchise Authority will be reimbursed for all costs and expenses reasonably incurred by the Franchise Authority's staff in processing and evaluating the information relating to the proposed sale and transfer of the Franchise; provided, however, that those costs and expenses will not exceed the sum of $5,000 and will be set forth in an itemized statement transmitted by the City Manager, or the City Manager's designee, to the Franchisee and the Transferee within thirty (30) days after the effective date of this ordinance. Section 5. The City Clerk is directed to transmit a certified copy of this ordinance to Mr. Clifford A. Bail, Vice President - Legal Affairs and Corporate Counsel, Century Communications Corporation, 50 Locust Avenue, New Canaan, Connecticut 06840-4750, and to Thomas E. Carlock, Esq., Counsel for Jones Intercable, Inc., 9697 E. Mineral Avenue, Englewood, Colorado 80155-3309. Section 6. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause it to be published or posted as required by law. PASSED, APPROVED, AND ADOPTED this day of 1997. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar da of , 1997, and was finally held on the y Council of the City of adopted at a regular meeting of the City 1997, by Diamond Bar held on the day of the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: City Clerk, City of Diamond Bar - 3 - AN AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND JONES INTERCABLE, INC., RENEWING A NON-EXCLUSIVE FRANCHISE TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF DIAMOND BAR AND SETTING FORTH TERMS AND CONDITIONS RELATING TO THE RENEWAL OF THE FRANCHISE. EXHIBIT B ASSIGNMENT AND ASSUMPTION AGREEMENT (CABLE TELEVISION FRANCHISE AGREEMENT) THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and entered into this day of 1997, by and between Jones Intercable, Inc., a Colorado corporation ("Assignor"), Citizens Century Cable Television Venture, a joint venture organized under the laws of the State of New York ("Assignee"), and the City of Diamond Bar, a California municipal corporation ("Franchise Authority"). RECITALS: A. Assignor is the authorized holder of a franchise that authorizes the construction, operation, and maintenance of a cable television system within the City of Diamond Bar, California. Assignor's nonexclusive cable television franchise was renewed by the Franchise Authority by Ordinance No. adopted on , 1997. B. Subject to the prior consent of the Franchise Authority, Assignor desires to assign and transfer to Assignee, and Assignee desires to assume, all rights, duties, and obligations under that certain agreement approved by Ordinance No. and entitled "An Agreement between the City of Diamond Bar and Jones Intercable, Inc., Renewing a Nonexclusive Franchise to Operate a Cable Television System in the City of Diamond Bar and Setting Forth Terms and Conditions Relating to the Renewal of the Franchise" ("Franchise Renewal Agreement"). THE PARTIES AGREE AS FOLLOWS: 1. Assignor assigns and transfers to Assignee all of Assignor's rights, duties, and obligations under the Franchise Renewal Agreement. 2. Assignee covenants and agrees with Assignor and with the Franchise Authority to assume all rights and to assume and perform all duties and obligations of the Assignor under the Franchise Renewal Agreement. 3. Franchise Authority consents to the assignment and transfer by Assignor to Assignee of all rights, duties, and obligations specified in the Franchise Renewal Agreement. TO EFFECTUATE THIS AGREEMENT, the parties have caused this Assignment and Assumption Agreement to be executed by their duly authorized representatives as of the date set forth below the authorized signature. APPROVED AS TO FORM Legal Counsel APPROVED AS TO FORM: Legal Counsel APPROVED AS TO FORM: City Attorney ATTEST: City Clerk "ASSIGNOR" JONES INTERCABLE, INC. By — Title Date "ASSIGNEE" CITIZENS CENTURY CABLE TELEVISION VENTURE By Title Date "FRANCHISE AUTHORITY" CITY OF DIAMOND BAR By Mayor Date AGENDA ITEM NO. 8.2 NO DOCUMENTATION AVAILABLE INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Fellow Council Members FROM: City Manager Evaluation Sub -Committee - May uff and Mayor Pro Tem Herrera SUBJECT: 1997-9 ity Council Goals and Objectives and 1996-97 Re -ranked City Council Goals and Objectives DATE: April 9, 1997 RECOMMENDATION: It is recommended that the City Council adopt the City Council 1997-98 Goals and Objectives priority rankings and the re -ranked 1996-97 Goals and Objectives. SUMMARY: On February 4, 1997, the City Council conducted a Workshop to discuss the 1997-98 Goals and Objectives. Based upon the input received, the City Council ranked the 1997-98 Goals and Objectives and re -ranked the 1996-97 Goals and Objectives. On March 18, 1997, the City Council conducted a Workshop to review and discuss the 1997-98 Goals and Objectives and the] 996-97 re -ranked Goals and Objectives. v 0 LJ. 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Belanger, City Manager k% l DATE: May 6, 1997 SUBJECT: Advance and Reimbursement Agreement Number 3 Recommendation: That the City Council adopt a resolution approving Advance and Reimbursement Agreement Number 3, with the Diamond Bar Redevelopment Agency, in the amount of $50,000. Background: In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption process for the proposed Diamond Bar Economic Revitalization Area. In order to complete the process, it will be necessary to approve Advance and Reimbursement Agreement Number 3, in the amount of $50,000. Of this amount, $5,000 will be allocated to Professional Sercices account, which amount in conjunction with the current $20,000 account balance, will fund the $25,000 needed for additional services from Rosenow Spevacek Group. Additional costs have been incurred relative to the services of R. S.G. These include additional field surveys regarding the existence of blight in the proposed project area, coordination of documents with Richards, Watson & Gershon, preparation for and attendance at meetings of the Ad Hoc Advisory Committee (This is equivalent to working with a project area committee, which was in the proposal for the current contract, but was declined at the time of contract approval. An ad hoc advisory committee was subsequently established, and staff and the consultant were directed to provide support services.), extraordinary work on the preparation of the base maps used in preparing the legal description for the proposed project area, preparation of business lists for the mailing of public notices, and preparation and mailing of public notices; including postage, which was outside the scope of the services contract and which otherwise would have had to be paid by the Agency to the printer and the Postal Service directly. The amount of $20,000 will be allocated for services from Richards, Watson & Gershon, for both those services which would be expected through the completion of the plan adoption process, and for unplanned legal services, should the need for these services arise. Report to City Council Advance and Reimbursement Agreement Number 3 Page 2 The amount of $25,000 will be allocated to legal advertising. These funds are to be used to pay for the cost of publishing the public notices required by law for the public meetings and hearings associated with the plan adoption process, and for the publishing of the ordinance enacting the proposed redevelopment plan. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 3 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY The City Council of the City of Diamond bar hereby finds, determines, resolves and orders as follows: SECTION 1. The Advance and Reimbursement Agreement Number 3 for Administrative and Overhead Expenses, attached hereto as Exhibit "A", is hereby approved. The Mayor is hereby authorized and directed to execute such Advance and Reimbursement Agreement Number 3 for and on behalf of the City. PASSED, APPROVED AND ADOPTED this day of 11997. Mayor ATTEST: I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1997, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 3 FOR ADMINISTRATIVE AND OVERHEAD EXPENSES This Agreement is made as of the day of , 1997. by and between the CITY OF DIAMOND BAR (the "City") and the DIAMOND BAR REDEVELOPMENT AGENCY (the "Agency"). A. RECITAL: A. Pursuant to the Community Redevelopment Law (California Health and Safety Code Section 33000, v, -t 5.pq.) the City is undertaking a program for the redevelopment of blighted areas in the City. B. The Agency is utilizing the staff and other resources of the City. The City Manager of the City serves as Executive Director of the Agency and it is anticipated that the staff of the Community Development Department and staff of the Public Works Department will devote substantial time in gathering information relating to redevelopment of blighted areas within the City, conferring with developers and potential developers of land within such blighted areas or the survey area, and conferring with public officials representing the taxing agencies and other governmental agencies regarding redevelopment. C. By providing and making available to the Agency the staff and other resources of the City, and by providing and making available to the Agency office space, equipment, supplies, insurance, and other City services and facilities, the City has advanced and will continue to advance the cost of the foregoing to the Agency. D. The City and the Agency desire to enter into this Agreement to acknowledge the foregoing recitals and to provide for an appropriate method of reimbursement of such advances by the Agency to the City. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 5VAig—ni. The City shall make available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities. The Agency shall have access to the services and facilities of the Planning Commission, the Community Development Department, the Public Works Department, the City Engineer, the other departments and offices of the City and the City Attorney. Section 2. The value of the staff resources, office space, equipment, supplies, insurance and other services and facilities, as determined by the City Manager pursuant to Section 4 hereof, shall constitute a loan for the administrative expenses and overhead of the Agency to be repaid in accordance with this Agreement. Section 3. On or prior to July 1 st of each year, each of the department heads shall prepare and submit to the City Manager a detailed accounting of time spent during the immediately preceding fiscal year by department personnel on matters for or related to the Agency, the implementation of the overall program for the redevelopment of blighted areas within the City, and any undertaking in furtherance of an redevelopment plan by the City, the Agency, or any related or subordinate public entity of the foregoing. Each department head shall also prepare and submit to the City Manager a detailed accounting of the use of all office space, equipment supplies, insurance, and other City services and facilities used by department personnel in connection with time spent on the foregoing. Section 4. Based upon the foregoing detailed accounting prepared and submitted by each of the department heads, the City Manager shall calculate the total of such time. The City Manager shall further calculate the total aggregate time spent by all City personnel during such fiscal year, and shall then determine the percentage of time spent on matters related to redevelopment as described above. The City Manager shall further determine the fair rental value 0a of the office space and equipment, and the value of supplies, insurance, and other City services and facilities used during such fiscal year. Based upon the percentage of staff time spent on matters related re redevelopment, as calculated above, the City Manager shall determine a fair, reasonable and appropriate rental amount to charge to the Agency for the use thereof during such fiscal year. Section 5. The Agency shall pay to the City, upon demand, the time charges, and the fair rental value of office space, equipment, supplies, insurance and other City services and facilities used during such fiscal year, as determined by the City Manager in accordance with Section 2 above. The Agency shall pay such charges, rental value and other value from any funds of the Agency lawfully available therefor; provided, however, that the obligation of the Agency shall be subordinate to any bonds, notes or other obligations of the Agency issued pursuant to law, and to any other obligation of the Agency incurred prior to the date of adoption of this Agreement. Section 6. The City Manager shall review, from time to time, amounts previously paid by the Agency to the City, which amounts were intended to reimburse the City for the time spent by staff of the City, and for the use of office space, equipment, supplies, insurance and other City services and facilities by the Agency. In the event that the City Manager determines following such review that additional moneys are due and owing to the City, the City Manager shall make immediate demand therefor. In the event that the City Manager determines following such review that the City has overcharged the Agency for such use, the City Manager shall apply a credit in the amount of such overcharge to the next demand or demands made to the Agency pursuant to this Agreement. Section 7. In addition to the City making available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities pursuant to Section 2 hereof, the City shall, from time to time and at the request of the Executive Director of the Agency, advance funds to the Agency in such amounts as the City Manager deems necessary for the administrative expenses and overhead of the Agency, including, but not limited to, expenses of redevelopment planning and dissemination of redevelopment information. Such amounts shall constitute a loan for the administrative and overhead of the City. The aggregate amount which may be advanced to the Agency pursuant to this Section 7 shall not exceed $50,000 without an amendment of this Agreement. Section 8. Amounts not paid by the Agency to the City within 30 days of demand therefor pursuant to this Agreement shall bear interest at the average daily rate as determined by the Treasurer of the City paid to the City on its funds invested in the Local Agency Investment Fund from the date of such demand to the date of repayment. ATTEST; ATTEST: City Clerk Secretary 4 CITY OF DIAMOND BAR 0 Mayor DIAMOND BAR REDEVELOPMENT AGENCY Chairman niiv ^L- AGENDA rAGENDA REPORT AGENDA NO. 9.2 TO: Honorable Mayor and Council Members MEETING DATE: May 6,1997 REPORT DATE: May 2,1997 FROM: Terrence L. Belanger, City Manager TITLE: A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING THE NUMBER OF RESIDENTS OF THE CITY FOR THE PURPOSE OF DETERMINING THE VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS. B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENACTING VOLUNTARY EXPENDITURE CEILINGS FOR CITY ELECTIONS AND DECLARING THE URGENCY THEREOF. SUMMARY: Voluntary expenditure ceilings can allow candidates to choose to voluntarily adhere to the limits set forth in the proposed Ordinance. However, if the candidate elects to not follow the voluntary procedures, then the candidate will be limited to the minimum receipt from contributors of $100 each. On the other hand, if the candidate does voluntarily submit to the limitations set forth in the proposed Ordinance, contributors will be permitted to contribute up to $250 to a candidate. RECOMMENDATION: It is recommended that the City Council adopt A) Resolution No. 97 -XX establishing the number of residents of the City for the purpose of determining Voluntary Expenditure Ceilings and B) Urgency Ordinance No. XX (1997) enacting Voluntary Expenditure Ceilings. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerk's office) X Ordinance(s) _ Other: _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? _ 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? N/A Yes _ No _ 4. Has the report been reviewed by a Commission? N/A Yes _ No _ Which Commission? _ 5. Are other departments affected by the report? Yes X No _ Report discussed with the following affected departments: REV EW�p BY: Terrence L. Belange City Manager Frank M. Usher Assistant City Manager DEPARTMENT HEAD: —y a) �t Lyd1da Burgess �— City Clerk CAMPAION CONTRIBUTIONS AND CWPENDITURCO BY ELECTION ELECTION CONTRIBUTION EXPENDITURE MARCH 7, 1989 PHYLLIS PAPEN $13,905 $13,997 PAUL HORCHER $11,410 $11,663 GARY MILLER $10,571 $10,571 JOHN FORBING $10,030 $10,030 GARY WERNER $4,986 $4,916 PAT MC GINN $6,520 $10,259 GARY NEELY $2,159 $2,159 GARY LAWSON $440 $432 APRIL 10, 1990_ JAY KIM $38,849 $37,775 JOHN FORBING $15,085 $14,361 GARY WERNER _ $8,055 $8,055 JIM PAUL $4,213 $4,187 CLEVE HOLIFIELD $2,596 $2,596 GARRETTSON STITT $1,419 - $1,540 TOM ORTIZ $1,1911 $3,532 • :.: • ,:.ter. NOVEMBER 5, 1991 GARY MILLER $14,964 $18,775 PHYLLIS PAPEN $13,745 $14,897 DON NARDELLA $17,644 $17,125 CLAIR HARMONY $7,801 $3,923 JIM PAUL $13,800 $13,505 LAVINIA ROWLAND $5,694 $5,694 TOM ORTIZ $4,568 $3,369 Esi3c:::..,f;;:r; :• y: ,.•"x ..:... ... . %c>:r.. i;: rS •' .::v :...:.....:... •.:. ;:;.r:'•%:•i::i.4:4:::.::•.:.: .v}; i• •: :y:..:v. ;:20':'••r,•;a::�:5::.. '3 .xr:;.rrc .: ri`r::$v :;:.. ,..3y 5;:: %:; ":r`.':': :..2 .3+eei.. .l{. :'6 rr �•-rc:iarC:C.Y .: \'v. . NOVEMBER 2, 1993 GARY WERNER $17,247 $17,594 CLAIR HARMONY $12,750 $6,747 EILEEN ANSARI $4,656 $5,326 BOB CHIU $65,171 $63,971 JONG LEE------------_ - ---- $28,542 $26,873 NICK ANIS $14,604 $19,781 JOHN FORBING DEXTER DEXTER MAC BRIDE $14,515 $8,635 $16,258 $13,784 - ORTIZ -- - ---- -- $892 - $955 JAMES ROBLRTS JIM PAUL7ij$1,000 $1,000 NOVEMBER 7, 1995 PHYLLIS PAPEN $16,511 $16,146 BOB HUFF $11,718 $9,045 CAROL HERRERA _ $9,505 $7,862 DON SCHAD $21,679 $18,073 JONG LEE ALBERT PEREZ $8,023 $6,682 $7,982 $6,682 ART O'DALY _ $6,630 TOM ORTIZ_ $6,660 ---$5,677 $5,334 BRUCE FLAMENBAUM BARBARA BEACH-COURCHESNE $6,307 $4,114 $6,307 $2,451 JIM PAUL $1,000 $1.000 AVERAGE CONTRIBUTIONS AND_ L_ EXPENDITURES FOR ALL ELECTIONS stn_a-u I sin Prepared by: Lynda Burgess May 2, 1997 RESOLUTION NO. 97-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING THE NUMBER OF RESIDENTS OF THE CITY FOR THE PURPOSE OF DETERMINING THE VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS: Section 1. Recitals. A. Pursuant to the Provisions of "The Political Reform Act of 1996," passed by the voters as Proposition 208 on the November 5, 1996 statewide ballot, the City Council has adopted an ordinance establishing a voluntary expenditure ceiling for campaigns for Member of the City Council. B. Pursuant to Diamond Bar City Code Section 2.06.10 the voluntary expenditure ceiling was established at an amount equal to one dollar ($1) per resident of the City for each election for Member of the City Council. C. Pursuant to Diamond Bar City Code Section 2.06.10, the City Council is required to establish by Resolution the number of residents in the City prior to each election for Member of the City Council. Section 2. For the exclusive purpose of determining the exact amount of the voluntary expenditure ceiling for campaigns for City elective office, the City Council hereby finds that there are 56,659 residents of the City of Diamond Bar, as reflected in the most recent data provided by the California Department of Finance. Therefore, as established by Diamond Bar City Code Section 2.06.10, the amount of the voluntary expenditure ceiling for campaigns for Member of the City Council is $56,659 per election. Section 3. The City Council hereby declares that the determination herein shall apply only to the voluntary expenditure ceiling established in the Diamond Bar City Code, and shall have no bearing on any other matter. 970502 10572-OODD1 1r 1201785 (1) 97-32 Section 4. The City Clerk shall certify to the adoption of this Resolution. ATTEST: PASSED, APPROVED and ADOPTED this 6th day of May, 1997. CITY CLERK MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of May, 1997, by the following vote: AYES: COUNCILMEMBERS: Ansari, Werner, MPT/Herrera, M/Huff NOES: COUNCILMEMBERS: Harmony ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: None Lynda Burgess, City Clerk 970502 10572-000C1 1r 1201785 (1) - 2 - 97-32 INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER l `V RE: LEGISLATIVE ADVOCACY SERVICES DATE: MAY 5, 1997 ISSUE: Shall the City of Diamond Bar retain a legislative advocate, based in Sacramento, to assist the City with the lobbying of proposed State legislation of interest or concern to the City? RECOMMENDATION: It is recommended that the City of Diamond Bar retain the firm of Joe A. Gonsalves and Anthony D. Gonsalves to provide legislative advocacy services, on behalf of the City, in the amount of $3,000 per month. It is further recommended that $6,000 be allocated to the City Council, Professional Services account, in the FY1996-97 Municipal Budget. DISCUSSION: The City of Diamond Bar has utilized legislative advocates to assist it in lobbying State legislation of interest or concern to the City. For several years, the City retained Gonsalves and Son for such legislative advocacy purposes. Recently, the utilized Morshed and Associates to assist it in lobbying for 1996 STIP funding related to the 57/60 Interchange HOV Connectors project. The staff is of the opinion that the retention of a legislative advocate is needed to assist in the lobbying of legislation (e.g. AB 1226, AB 363) which of interest and importance to the City. The firm of Joe A. Gonsalves and Anthony D. Gonsalves is a highly respected and very effective legislative advocacy partnership. It is believed that the Gonsalves' professional legislative representation would be beneficial to the City, related to important legislative issues. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENDORSING AND SUPPORTING THE PASSAGE OF AB 1226 (GRANLUND/MILLER) WHEREAS, the City of Diamond Bar incorporated on April 18, 1989, with a population of 74,115; and WHEREAS, the incorporated population was determined by multiplying the number of registered voters in the city as of incorporation by a factor of "3"; and WHEREAS, certain State subventions, primarily motor in -lieu fees and gas tax revenues, are subvented to the City on a per capita basis; and WHEREAS, under the current law, the City of Diamond Bar receives subvention revenues for its for its first 8 full fiscal years based on its population at the time of incorporation; and WHEREAS, after its for its first 8 full fiscal years, the City of Diamond Bar would receive such subvention monies on the basis of actual population, which is 56,659, which would result in a net loss of 17,456 in population for State subvention purposes; and WHEREAS, AB 1226, which is authored by Assemblyman Brett Granlund and co-authored by Assemblyman Gary Miller, would amend the current law to provide a newly incorporated city to retain its incorporation population through its first 10 full fiscal years; and WHEREAS, without adoption of AB 1226, the City of Diamond Bar would lose $650,000 in motor in -lieu revenues annually and annual gas tax revenues would be reduced by approximately $270,000, beginning July 1, 1997; and WHEREAS, the City of Diamond Bar has been adversely affected by the recessed economy that has existed in Southern California throughout the 1990's; has suffered from the virtual collapse of the new residential construction industry in Southern California; has had revenues lost to the State's "raid" on municipal revenue sources, and has been adversely affected as a result of the passage of statewide propositions. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby endorse and support the passage of SB 1226. BE IT FURTHER RESOLVED, that a copy of this resolution shall be transmitted to all members of the Assembly, Senate, and the Governor's office. PASSED, APPROVED AND ADOPTED this day of , 1997. Mayor ATTEST: I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1997, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk a 17/2 *d Ix 9 aa • a .9� k, WDS S S3A-)tiSNOD WbEE :60 L6, 60 Ncfd N tmCq in 40"a IV C �.ko Go 12 04 atin at Q r m a ( t: Al IM!lam 93 5 �, C: 041 •� � w� p ��« ..r � ��$...� � 1. .'3 O� �•a � � � �a� � C yD~�ii� � a � .� 3 r ,c5 �`' •o }� Cs' .r •G C mea Y� o������19 A�R � �, v� 3 a lit C ate" -•�Ne'9�u�cptroOQsO••-,Wc•�aMCDtiapC1oNL� 99pp Orbp tiE ' d •.� NOS '8 S3A-bSgO9 Wb'66 : 60 LG, 60 ddd a } a3. •� Jt tic Ma °s •. Ila y.�CS Cat ot •.atce V VnWt-00Cha eveeqwu*0t- HOS '8 S3A-bSNOS WbVE : 60 46. 60 6dU 0 2 RESOLUTION NO. 97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENDORSING AND SUPPORTING THE PASSAGE OF PROPOSITION E WHEREAS, provisions of Proposition 218, the Right to Vote on Taxes Act, have eliminated the $51.7 million annually, generated by the Fire Protection District of Los Angeles County's Fire Suppression Benefit Assessment: and WHEREAS, a benefit assessment for fire protection may still be possible if approved by the voters, a "special tax" would provide a long-term and stable replacement source of revenue; and WHEREAS, if replacement funding such as a proposed special tax is not found due to Proposition 218, severe reductions in emergency fire and paramedic services will be required resulting in a greater risk to public safety and a higher potential for the loss of lives and property; and WHEREAS, balancing the Fire District's budget to meet a $51.7 million loss of revenue would most likely include: Closure of more than 20 neighborhood fire stations Loss of 34 engine companies Reduction in daily fire company staffing by 157 firefighters Impact to paramedic and specialized rescue responses Elimination of non -emergency services Layoffs of firefighters and other employees, and WHEREAS, fewer stations, less firefighters and paramedics on duty each day and the longer response times that would result in this city, 47 other county contract cities, and the unincorporated areas of Los Angeles County, all combine to pose a grave threat to life and property and would likely result in higher fire insurance rates as well, and WHEREAS, the Los Angeles County Board of Supervisors has called for a special election on June 3, 1997; and WHEREAS, the Board of Supervisors has placed on the ballot a special tax, Proposition E, which calls for replacement funding for fire and paramedic emergency services; and THEREFORE BE IT RESOLVED, that the City of Diamond Bar endorse Proposition E and encourage all of the voters of our city to vote Yes on Proposition E on June 3, 1997. PASSED, APPROVED AND ADOPTED this day of 1997. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1997 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk City of Diamond Bar COUNTY OF LOS ANGELES FIRe FIRE DEPARTMENT 1320 NORTH EASTERN AVENUE LOS ANGELES, CALIFORNIA 90063.3294 Q -' � \°4RTMEj P. MICHAEL FREEMAN Y" cumrf Of Loa #Am= P" KRTNMT FIRE CHIEF FORESTER 6 FIRE WARDEN Your County of Los Angeles Fire Department: • Responds to over 197,000 • Handles hazardous materials • Teaches fire and life safety emergency incidents annually incidents • Teaches earthquake preparedness • Fights structural and wildland • Saves lives and property in • Inspects for fire and life safety fires natural and man-made disasters dangers • Performs paramedic rescues • Protects local beaches and • Teaches and performs forest harbors conservatioR These are done promptly, skillfully, and cost-effectively to protect: • Over 3 million residents • 52 cities and unincorporated areas • 2,258 square miles What Created the Funding Problem? • On November 5, 1996, Proposition 218 (The Right to Vote on Taxes Act) was passed by the voters which invalidated the Fire Department's benefit assessment -- an annual loss of $51.7 million. Further, on :larch 3, 1997, a Superior Court judge ruled against the Fire Department in a lawsuit seeking to validate our benefit assessment. This ruling created the need to allow for a long-term replacement to continue this revenue source and existing service levels. Proposed Solution • A special tax -- that would replace the current benefit assessment and continue the equivalent $51.7 million now annually received -- has been placed on the June 3, 1997 ballot for two-thirds voter approval. The replacement special tax is designed to raise the same amount of revenue that will be lost on July 1, 1997. Brief Financial History • Fiscal Year 1991-92: Fire Suppression Benefit Assessment was enacted by the Board of Supervisors to serve as a revenue stabilizer during tough economic times. • Fiscal Year 1992-93: State diverted $36 million of the Fire Department's property tax revenue to the State's Educational Revenue Augmentation Fund (ERAF). The $36 million loss was mitigated by $15 million in budget cuts and a $21 million benefit assessment increase. (0 VER) SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF AGOURA HILLS ARTESIA CALABASAS GLENDORA LAKEWOOD NORWALK ROLLING HILLS ESTATES WALNUT AZUSA CARSON HAWAIIAN GARDENS LA MIRADA PALMDALE ROSEMEAD WEST HOLLYWOOD BALDWIN PARK CERRITOS CLAREMONT HAWTHORNE LANCASTER PALOS VERDES ESTATES SAN DIMAS WESTLAKE VILLAGE BELL COMMERCE HIDDEN HILLS LA PUENTE PARAMOUNT SANTA CLARITA WHITTIER BELLFLOWER CUDAHY HUNTINGTON PARK LAWNDALE PICO RIVERA SIGNAL HILL BELL GARDENS DIAMOND BAR INDUSTRY LOMITA POMONA SOUTH EL MONTE BRADBURY OUARTF IRWINDALE MALIBU RANCHO PALOS VERGES SOUTH GATE LA CANADA FLINTRIDGE MAYWOOD ROLLING HILLS TEMPLE CITY • Early 1995: Depressed property values, exacerbated by thousands of property tax reductions and refunds, caused a cumulative property tax shortfall that would grow to $59.1 million from 1994-95 to 1996-97. This shortfall was mitigated by: • July 1995: The Fire Department instituted a reduced spending plan that cut over $10 million from the Department's hudget during Fiscal Year 1995-96. The Public Education unit was disbanded, and the Community Relations Unit and on-duty platoon management positions were reduced. • September 1995: The Board of Supervisors approved an increase in the benefit assessment of an additional $21 million per year of revenue. • Combined ongoing $10 million reduced spending plan and die $21 million in Benefit Assessment revenue totals $31 million over two years to address the projected $59.1 million revenue shortfall in 1996-97. • September 1996: The Board of Supervisors was able to reduce the benefit assessment rates by 9 percent to its 1996-97 level of $51.7 million due to property tax growth, and still maintain the current level of service. How You Will be Affected If the Special Tax Does Not Pass By A 'Ivo-Thirds Vote • One of every five fire stations will close. • On-duty daily fire fighters will be reduced by one in five. • This potential reduction in resources equates to the firefighting and paramedic resources necessary to protect 500,000 plus residents and 100 square miles. • Delays will occur due to fewer resources protecting same areas. • Greater risk for loss of lives and property. • Reduced ability to respond to major disasters such as major wildland fires, earthquakes, floods, terrorist attacks, and civil disturbances. • Response to Baily emergencies such as house fires, paramedic rescues, injuries, traffic accidents and drownings would be impaired. Without these resources, fire protection and paramedic units may come from farther away, delays may occur, and support units may not be available. Alternatives? State law does not allow the County's General Fund to fund the Fire Department due to its special district status. The ability of fire districts to levy benefit-assessments is controversial -- new requirements imposed by Proposition 218 have the legal community in a quandary as to its implications. The hard reality is, if the special tax does not gain two-thirds voter approval, service delivery reductions will have to be made to bring costs in line with lowered revenue. More about the Proposed Special Tax The Special Tax will appear on the June 3, 1997 ballot as Proposition E. The total amount of revenue generated will be equal to the current benefit assessment amount. For homeowners, the special tax would be $48.00, a slight reduction from the $50.96 benefit assessment amount. Impact to other properties varies according to use and size of improvements, and vacant land will be assessed as well. The special tax would be levied in all unincorporated areas and in the same cities that the benefit assessment is currently levied. Like the cap Imposed by Proposition 13 on ad valorem taxes, annual increases would be capped at C.P.I. or 2 percent, whichever is less. Only registered voters in those areas where the special tax would be levied are allowed to vote. A special tax requires two-thirds voter approval to pass. If approved, the special tax would he exclusively dedicated to the Fire Department. Expenditures would be reviewed by an Independent Citizen's Ovursicht Committee ANTICIPATED IMPACT OF THE PROPOSED SPECIAL TAX AS COMPARED TO EXISITING BENEFIT ASSESSMENT The exisiting benefit assessment and the proposed special tax are materially different in methodology of charges. Comparing their impact is similar to comparing apples to bananas. However some comparisons can be made as the attached indicates on a case by case basis. Simply stated, the benefit assessment employs average square feet of development by Assessor use code while the proposed special tax uses a base charge modified by square feet of development. Consequently the proposed special tax is sensitive to size of improvement. This results in charges that are higher or lower calibrated to size. Single family homeowners will have a flat annual rate of $48.00 which is a $2.96 saving when compared to the benefit assessment. While parcels with larger improvements may pay more than they currently do under the benefit assessment, the proposed special tax will result in a savings to most smaller occupancy owners. An analysis of the current parcel distribution is as follows: Based on the above distribution of improvements of the existing benefit assessment parcels, it is anticipated that most property owners who own property with 2500 square fee or less will either have a savings or a slightly high charge under the proposed special tax. The attached charts provide examples and formula basis for more precise comparisons if an interested party wishes to calculate a specific charge. In addition, churches and other non-profit institutions are not charged in a special tax while they are charged in a benefit assessment. Finally, the special tax would affect 832,262 parcels which is an increase of 147,818 parcels of which 123,309 parcels are vacant land previously not assessed. The net affect is that the same financial need of $51.7 million is spread over 21% more parcels. Parcels % of Total Single Family Residential 603,189 86.86% Mufti -family - Non Residential <2500 Sq. Ft 64,645 9.32% Mufti -family - Non Residential 2500-10,000 Sq. Ft. 15,682 2.26% Mufti -family - Non Residential 10K -50K Sq. Ft. 7,964 1.12% Multi -family - Non Residential 50K - 100K Sq. Ft. 1,573 0.23% Multi -family - Non Residential 100K> 1,391 0.21% Total 694,444 100.00 Based on the above distribution of improvements of the existing benefit assessment parcels, it is anticipated that most property owners who own property with 2500 square fee or less will either have a savings or a slightly high charge under the proposed special tax. The attached charts provide examples and formula basis for more precise comparisons if an interested party wishes to calculate a specific charge. In addition, churches and other non-profit institutions are not charged in a special tax while they are charged in a benefit assessment. Finally, the special tax would affect 832,262 parcels which is an increase of 147,818 parcels of which 123,309 parcels are vacant land previously not assessed. The net affect is that the same financial need of $51.7 million is spread over 21% more parcels. ANNUAL BENEFIT ASSESSMENT CHARGES COMPARED TO PROPOSED SPECIAL TAX Benefit Benefit Special Tax Special Tax Net Assessment Assessment Size Applied Difference Property Type Charge Average Size Sensitivity (cost)/savings Home 50.96 NA 48.00 2.96 Duplex actual 60.86 1,833.20 60.80 0.06 Duplex 60.86 3,000.00 61.50 (0.64) Triplex actual 82.10 2,472.99 61.18 20.92 Triplex 82.10 4,500.00 62.40 19.70 Fourplex actual 107.96 3,251.93 61.65 46.31 Fourplex 107.96 6,000.00 63.30 44.66 Restaurant Tavern 113.17 3,408.87 127.63 (14.46) Restaurant Tavern 113.17 2,500.00 93.55 19.62 Store Small 93.46 2,815.17 105.37 (11.91) Store Small 93.46 1,500.00 56.05 37.41 Auto Service Shops 156.99 4,728.80 177.13 (20.14) Auto Service Shops 156.99 3,500.00 131.05 25.94 - Office Building actual 349.14 10,516.68 394.17 (45.03) Office Building 349.14 20,000.00 749.80 (400.66) Office Building 349.14 50,000.00 1,874.80 (1,525.66) Office Building 349.14 2,500.00 93.55 255.59 Supermarket <6000sq ft actual 285.39 8,596.42 322.16 (36.77) Supermarket <6000sq ft 285.39 6,000.00 224.80 60.59 Supermarket 12000>sq ft actual 794.85 23,942.20 897.63 (102.78) Supermarket 12000>sq ft 794.85 50,000.00 1,874.80 (1,079.95) Heavy Manufacturing actual 1,398.24 42,117.32 1,579.20 (180.96) Heavy Manufacturing 1,398.24 10,000.00 374.80 1,023.44 Heavy Manufacturing 1,398.24 25,000.00 937.30 460.94 Heavy Manufacturing 1,398.24 5,500.00 206.05 1,192.19 Warehouse <10,000 actual 199.10 5,99722 224.69 (25.59) Warehouse 25K -50K actual 1,342.73 40,445.26 1,516.49 (173.76) Warehouse 50,000> actual 4,285.63 129,090.31 3,749.79 535.84 Warehouse 50,000> actual 4,285.63 75,000.00 2,812.30 1,473.33 Parcel Base Charge Per acre cost Vacant Land <1 acres 12 12.00 10 acres 15.84 1.58 50 acres 31.68 0.83 100 + acres 48 0.48 Credit given for the first 1555 square feet before application of square footage charge is applied. Square footage charge capped at 100,000 square feet Consolidated Fire Protection District Special Tax Table 1 -- Summary of Special Tax Rates for Fiscal Year 97/98 Land Use Special Tax Rate Special Tax Rate w/Sprinkler Credit Single Family Residential $48.00 $48.00 Mobile Home in Park $24.00 $24.00 Multiple Family Residential - $60.63 1,555 sq. ft. or less $60.63 Multiple Family Residential -more $60.63+.0063/sq. ft. over than 1,555 sq. ft. 1,555 sq. ft. $60.63+.0060/sq. ft. over 1,555 sq. ft. - Non -Residential - 1,555 sq. ft. or less $58.10 $58.10 Non -Residential - more than 1,555 sq. ft. and less than 100,000 sq. ft. $58.10+.0392/sq. ft. over 1,555 sq. ft. $58.10+.0375/sq. ft. over 1,555 sq. ft. High Rise - 1,555 sq. ft. or less $70.74 $70.74 High Rise - more than 1,555 sq. ft. and less than 100,000 sq. ft. $70.74+.0477/sq. ft. over 1,555 sq. ft. $58.10+.0456/sq. ft. over 1,555 sq. ft. Special Use - 1,555 sq. ft. or less $88.42 $88.42 Special Use - more than 1,555 sq. ft. and less than 100,000 sq. ft. $88.42+.0596/sq. ft. over 1,555 sq. ft. $88.42+.0570/sq. ft. over 1,555 sq. ft. Vacant - 2 acres or less $12.00 not applicable Vacant - more than 2 acres and less than or equal to 10 acres $15.84 not applicable Vacant - more than 10 acres and less than or equal to 50 acres $31.68 not applicable Vacant - more than 50 acres $48.00 not applicable I ligh Risk Parcels (as defined below) located within "Fire Zone 4" or the "Very High Fire Hazard Severity 'Lone" may be charged a surcharge of an additional 10 percent on their total computed tax. Single Family Residential Parcels providing certificationof a working fire sprinklersystem will not receive this additional surcharge. Appendix A - Page 2 Iv MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGE RE: SUPPORT OF ASSEMBLY BILL 323 (BACA) DATE: MAY 5, 1997 RECOMMENDATION: It is recommended that the City Council endorse and support the passage of AB 323 (Baca), which makes changes to State law related to group care facilities. DISCUSSION: AB 323 would require the notification of law enforcement agencies of the proposed group home's location; and, would allow for the denial of a license if the law enforcement agency recommends same. AB 323 would require a process be established whereby a group home would have to reimburse any law enforcement agency it's related costs for incidences that occur at a group home, where law enforcement units have to respond. AB 323 would require an toll free, "800" telephone number, for callers to notify authorities of alleged violations by a group care operator of group care laws. AB 323 would require that the group care operator notify residents of their right to request an inspection of the group care facility, if they suspect State law has been violated. BILL NUMBER: AB 323 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 28, 1997 AMENDED IN ASSEMBLY APRIL 17, 1997 AMENDED IN ASSEMBLY APRIL 7, 1997 INTRODUCED BY Assembly Member Baca (Coauthors: Senators Johannessen, Kopp, and Monteith) FEBRUARY 14, 1997 An act to amend Sections 1524.5 and 1538 of, and to add Sections 1520.66 and 1538.7 to, the Health and Safety Code, relating to community care facilities. LEGISLATIVE COUNSEL'S DIGEST AB 323, as amended, Baca. Community care facilities: group homes. Existing law provides for the licensure and regulation of community care facilities, including group homes, by the State Department of Social Services. Violation of these provisions is subject to criminal sanction. Existing law requires the Director of Social Services to deny an application for a new residential care facility license if the director determines the location is in such proximity to an existing residential care facility as would result in overconcentration. This bill would additionally require the director, as a condition of the licensure of a group home, as defined, to ensure that law enforcement agencies have been notified of the group home's proposed location, and would allow the director to deny licensure if recommended by the agency. It would also require the director to conduct a detailed background check of a person applying for a group home license, including contacting law enforcement agencies in the locations of any previous group homes operated by the applicant "E _I91.8b a 44m�t an tie numbef of gfeiup he h The bill would require the director to establish a process by which a law enforcement agency may be reimbursed by a group home for any costs incurred for excessive calls to the agency regarding the group home. Existing law requires community care facilities with 6 or fewer residents, except certain family homes, to establish an approved procedure for immediate response to incidents and complaints. This bill would provide that a group home of any size must also comply with this requirement. Existing law provides that any person may request the inspection of a community care facility by notifying the department of an alleged violation of the law regulating community care facilities. This bill would require the department, on or before July 1, 1998, to develop a plan for the creation of a statewide toll-free "800" number that will allow callers to access the appropriate field office of the department in order to notify the department of an alleged violation by a group home operator of the laws regulating community care facilities. This bill would require the owner or licensee of a group home to notify residents in the neighborhood where the facility is located of the response procedure. This bill would further require the owner or licensee of a group home to notify residents in the neighborhood 1 of 5 05/02/97 12:41:09 323 Assemo-_y - where the facility is located of their right to request an inspection of the facility if they suspect the law has been violated. By changing a definition of a crime these requirements would impose a state -mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1520.66 is added to the Health and Safety Code, immediately after Section 1520.65, to read: 1520.66. (a) In addition to any other requirements of this chapter, the director shall approve an application for licensure of group home, only after the following conditions have been satisfied: (1) Law enforcement agencies in the area where the group home is proposed to be located have been notified of the proposed location of the group home. A law enforcement agency may conduct research into the proposed location regarding the existing problems in the location including the number of calls for police service and incident reports. A law enforcement agency may recommend that the license be denied if it conducts this research and determines that there is a high rate of existing crime in the proposed area. The director may deny a license if a law enforcement agency recommends denial based on a law enforcement agency's determination that the facility will constitute a direct threat to the health or safety of prospective residents of the facility, or to the public, or that the operation of the facility will result in substantial damage to the property of others. (2) In addition to fulfilling the other requirements of this chapter, the director has conducted a detailed background check on any applicant for a group home license, including contacting law enforcement agencies of any area where the applicant has had any other group home for information on the number of calls to law enforcement agencies and incident reports at the other locations. If this investigation reveals a high number of calls to law enforcement agencies where the other group homes were located, the director shall require the applicant to provide the justification for the high number of problems. If the director determines that these problems may reoccur at the proposed new group home, the license may be denied. (;,)--in ad6rt4en ;6e tie Rt8 of - et� -- 162g.;, ti e P !ty eE eeunt-y. A,9 app=iea }en €et 14:eenaare shall be denied i -i tka (b) Notwithstanding paragraph (3) of subdivision (a) of Section 1523.1, the director shall establish a process with each law enforcement agency under which a law enforcement agency in the city, county, or city and county, where a group home is located may be reimbursed by the group home for costs incurred by the agency for responding to the excessive calls at the group home. The director shall adopt regulations that determine the number of calls to a law enforcement agency that constitute an excessive number and the method of calculation of the costs incurred. 2 of 5 05/02/97 12:41:0' (c) For purposes of this section, "group home" means any facility of any capacity which provides 24-hour nonmedical care and supervision to children in a structured environment with such services provided at least in part by staff employed by the licensee. (d) This section shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this section be applied in a manner that creates a discriminatory effect on the disabled. It is the intent of the Legislature in enacting this section to prevent the licensing of facilities that, based on a history of prior incidents, will constitute a direct threat to the health and safety of prospective residents, or to the public, or will result in substantial damage to the property of others. SEC. 2. Section 1524.5 of the Health and Safety Code is amended to read: 1524.5. (a) In addition to any other requirements of this chapter, any community care facility providing residential care for six or fewer persons, or any group home providing care for any number of persons, except family homes certified by foster family agencies, foster family homes, and small family homes, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints. This procedure shall include a method of assuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response of action taken or a reason why no action needs to be taken. (b) In order to assure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet residents and learn of problems in the neighborhood, any facility, except family homes certified by foster family agencies, foster family homes, and small family homes, shall establish a fixed time on a weekly basis when the owner, licensee, or person designated by the owner or licensee will be present. (c) Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 1996. (d) For purposes of this section, "group home" means any facility of any capacity which provides 24-hour nonmedical care and supervision to children in a structured environment with such services provided at least in part by staff employed by the licensee. SEC. 3. Section 1538 of the Health and Safety Code is amended to read: 1538. (a) Any person may request an inspection of any community care facility in accordance with the provisions of this chapter by transmitting to the state department notice of an alleged violation of applicable requirements prescribed by statutes or regulations of this state, including, but not limited to, a denial of access of any person authorized to enter the facility pursuant to Section 9701 of the Welfare and Institutions Code. A complaint may be made either orally or in writing. (b) The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the state department conducting the investigation or inspection pursuant to this chapter. 3 of 5 05/02/97 12:41:09 AB 323 Assembly Bill - AMEND (c) Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a community care facility, the state department shall make a preliminary review and, unless the state department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint, except where a visit would adversely affect the licensing In either investigation or the investigation of other agencies. event, the complainant shall be promptly informed of the state department's proposed course of action. If the department determines that the complaint is intended to harass, is without a reasonable basis, or, after a site inspection, is unfounded, then the complaint and any documents related to it shall be marked confidential and shall not be disclosed to the public. If the complaint investigation included a site visit, the licensee shall be notified in writing within 30 days of the dismissal that the complaint has been dismissed. (d) Upon receipt of a complaint alleging denial of a statutory right of access to a community care facility, the state department shall review the complaint. The complainant shall be notified promptly of the state department's proposed course of action. (e) On or before July 1, 1998, the department shall develop a plan for creating a statewide toll-free "800" number, that will provide free public telephone access to the appropriate field office of the department, based on the caller's location,toallow ththe caller to request an inspection of any group home, pursuant The department shall submit the plan to the Legislature on or before July 1, 1998, along with an estimated budget, and a description of any appropriation or legislation that would be required to effectuate the plan. Upon the implementation of a statewide toll-free "800" number, the notice to neighborhood residents required pursuant to Section 1538.7 shall include the statewide toll-free "800" number. (f) For purposes of this section, "group home" means any facility of any capacity which provides 24-hour nonmedical care and supervision to children in a structured environment with such services provided at least in part by staff employed by the licensee. SEC. 4. Section 1538.7 is added to the Health and Safety Code, to read:rou home providing care 1538.7. (a) The owner or licensee of a g p to any number of persons shall provide notice, in compliance with the requirements of subdivision (b), of both of the following: (1) The procedure approved by the licensing agency for immediate response to incidents and complaints, in accordance with the provisions of Section 1524.5. (2) The right of any person to request an inspection of the group home if a violation of the law regulating community care facilities is alleged, in accordance with the provisions of Section 1536. (b) The notice requirement of subdivision (a) is fulfilled if, and only if, notice is provided to every residence within a five -block radius of the group home. For purposes of this section, "notice" means that written information is mailed to the last known address of the owner of the residence or that written ndinformationdelivered ls mai )edtoothe otherwise distributed (for example, by residence itself. (c) For purposes of this section, "group home" means any facility of any capacity which provides 24-hour nonmedical care and supervision to children in a structured environment with such services provided at least in part by staff employed by the licensee. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, 05/02/97 12:4 4 of 5 eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. 5 of 5 05/02/97 12:41:10 q. q Office of Gary H. Werner, Councilman 22461 lronbuk Drive DWmoed Bar, CtffifOmia 91765 tNtpftWW1fdm f W) 861-6643 PaXer (W!P) 619-4949 Mr. Terrance Belanger, City Manager City of Diamond Bar 2166 Copley [love Diarond Bar, CA 91765 SUBJECT: REQUEST COUNCIL CONSIDERATION OF AN (URGENCY) ORMA 4CE ZFTAARAWMG A MORATORIUM ON THE ISSUANCE OF MTM FOR TELECOMMUNICATIONS EQUHWIINT (AND ANTENNAS) FOR COMWRCIAL PURPOSES Dear Mr. Belanger Regarding the installation of telecommunications facilities and antennas located at: (1) the Diamond Sar High Sohool; (a) the profattap W office building at Pathfinder and 57 Freeway; and, (3) the most recast approval by the PWu* Commission, I feel as though the City of Diamond Bar ho jw ytt fjMW tht need for a consistent set of policies and standards regarding the aesthetic ail ds of puch fatalities. In speaking with Flatting Staff on this matter I am made aware that the neW Development Code, now under preparation, will provide the opportunity to acct new policies and standards. It is obvious that the high level of te1ecomwnications activities we are sce-ing in and around the City of Diamond Bar is not likely to subside in the near future. '["herefore, it aQpm to me that w6l ilk mow Doveiopw*M Code is co mei, we may find ourselves approving "subatatdard" fatalities fiat nay'tamtocessarily wpm our residential neighborhoods. Thavfom I hereby request that the City Council Agenda for May b, 1997 irlCi * ari itern to: "Comider Woptiag an Urgency Ordinance establishing it moratorium on the issuance of permit,, for telecouvwnwatinm equipment and antemas for commercial purposes." Thank you for your assistance. Si ly, Gmuy W , Councilman CITY OF DIAMOND BAR TO: Mayor and City Council Members FROM: Terrence L. Belanger, City Manager 1�Y SUBJECT: Consideration of a request to Call for Review the decision of the Planning Cos ission to approve a proposed wireless telecoa unications facility at 24401 Darrin Drive (CUP 96-10 and DR 96-9). DATE: May 6, 1997 SUM 1ARY: On April 22, 1997 the Planning Commission concluded its public hearing and approved the installation of a wireless telecommunications facility at 24401 Darrin Drive. The issue before the City Council is whether or not the decision of the Planning Commission shall be called for review. On April 22, 1997 the Planning Commission completed its public hearing and adopted Resolution No. 97-6 approving Conditional Use Permit No. 96-10 and Development Review No. 96-9 for the construction of a wireless telecommunications facility at 24401 Darrin Drive. The Planning Commission conducted noticed public hearings for the proposal on January 28, 1997, February 25, 1997, March 25, 1997 and April 22, 1997. The Planning Commission approval permits the construction of a wireless telecommunications facility upon a site adjacent to and below Armitos Place. As proposed, the facility will consist of an equipment cabinet and antennas, all located below the street, not visable from Armitos Place, designed with landscaping and screening to blend into the hillside site as viewed from above and the Pomona Freeway. Councilman Harmony has requested that the Planning Commission decision be called up for review to the City Council as outlined within Section 22.60.200 of the Planning and Zoning Code. The call for review must be determined by a majority of the City Councilmembers prior to the effective date (May 7, 1997) of the Planning Commission decision. If called for review, the project approval would be set aside and a public hearing established to consider the merits of the proposal. Memorandum to the Mayor and City Council May 6, 1997 page 2 RECOMMENDATION: It is recommended that the City Council consider the requested call for review. If approved, the City Council should set the matter for public hearing in June 1997. Attachments - Planning Commission Staff Report dated April 16, 1997 - Visual Simulations of Original Proposal - Approved Development Plans - Minutes of Planning Commission Meetings of January 28, 1997, February 25, 1997, March 25, 1997 and April 22, 1997. - Planning Commission Resolution No. 97-6 - Letter dated April 29, 1997 from Councilman Harmony JDS:dbm CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM To: Mayor and City Councilmembers Via: Terrence L. Belanger, City Manager 1 From: James DeStefano, Community Development Director--'-- Subject: irector--'"Subject: Citizen Petitions Received in Opposition to Conditional Use Permit No. 96-10 and Development Review No. 96-9 Date: May 2, 1997 Attached please find a copy of 129 petitions received from residents concerned with the proposed placement of a wireless telecommunications facility on Armitos Drive near the existing fire station. According to testimony received at the Planning Commission meeting of April 22, 1997, the signatures were gathered by the petitioners prior to the removal of the barn structure from the project. attachment ***EXHIBIT "2" IN BACK POCKET OF BINDER*** TB/JDS:dbm AGENDA ITEM NO. 9.8 DOCUMENTATION AVAILABLE UPON REQUEST FROM THE CITY MANAGER'S OFFICE 2 SO 400, -' MIN TE F THE DIAMOND BAR REDEVELOPMENT AGENCY f4p U REGULAR MEETING OF BOARD OF DIRECTORS 44 APRIL 15, 1997 4?k CALL TO ORDER: Chairman Werner called the meeting to order at 8:25 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Agency Member Harmony, Herrera, Chairman Werner. Agency Member Ansari and Vice Chairman Huff were excused. Also present were: Terrence L. Belanger, Executive Director; Frank Usher, Assistant City Manager; Amanda Susskind, Assistant Agency Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director; Bob Rose, Community Services Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: Art O'Daly expressed concern that an Agency Member does not understand redevelopment, tax increment financing, etc. and related benefits to the City. He suggested that concerned citizens read the available brochures in order to understand the process. Clyde Hennessey agreed with Mr. O'Daly. D.B. should take advantage of available business opportunities and monitor expenditures and potential abuse. 3. CONSENT CALENDAR: AM/Herrera moved, C/Werner seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Harmony, Herrera, C/Werner NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - Ansari, VC/Huff 3.1 APPROVED MINUTES - Regular Meeting of April 1, 1997 as submitted. 3.2 APPROVED VOUCHER REGISTER - dated April 15, 1997 in the amount of $17,898.72. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: 6.1 ADOPTED RESOLUTION NO. R-97-05: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY AUTHORIZING AND CONSENTING TO A JOINT PUBLIC HEARING OF THE DIAMOND BAR CITY COUNCIL AND THE DIAMOND BAR REDEVELOPMENT AGENCY WITH RESPECT TO THE PROPOSED REDEVELOPMENT PLAN AND RELATED ENVIRONMENTAL IMPACT REPORT FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA - AM/Herrera moved, C/Werner seconded to adopt Resolution No. R-97-05. Motion carried by the following APRIL 15, 1997 PAGE 2 REDEV. AGENCY Roll Call vote: AYES: AGENCY MEMBERS - Herrera, C/Werner NOES: AGENCY MEMBERS - Harmony ABSENT: AGENCY MEMBERS - Ansari, VC/Huff 6.2 ADOPTED RESOLUTION NO. R-97-06: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS WITH RESPECT TO LOW AND MODERATE INCOME HOUSING IN CONNECTION WITH THE REDEVELOPMENT PLAN FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA - AM/Herrera moved, C/Werner seconded to adopt Resolution No. R-97-06. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Herrera, C/Werner NOES: AGENCY MEMBERS - Harmony ABSENT: AGENCY MEMBERS - Ansari, VC/Huff 6.3 ADOPTED RESOLUTION NO. R-97-07: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY RECEIVING THE REVISED PROGRAMS AND PROJECTS LIST INCLUDING THE REVISED PUBLIC IMPROVEMENTS LIST, AS CONTAINED IN THE DRAFT DEVELOPMENT PLAN, AND THE PRELIMINARY REPORT FOR THE DIAMOND BAR ECONOMIC REVITALIZATION AREA, AND AUTHORIZING TRANSMITTAL OF THE REVISED PUBLIC IMPROVEMENTS LISTS TO AFFECTED TAXING AGENCIES, AND PERSONS AND ORGANIZATIONS WITHIN THE PROJECT AREA - In responses to C/Werner, CM/Belanger explained that the Council, the Redevelopment Agency and the community may designate the manner in which redevelopment monies are obligated. If the agency does not bond, it is able to utilize all of the dollars that flow through the agency over a 45 -year period. AM/Herrera moved, C/Werner seconded to adopt Resolution No. R-97-07. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Herrera, C/Werner NOES: AGENCY MEMBERS - Harmony ABSENT: AGENCY MEMBERS - Ansari, VC/Huff 7. AGENCY MEMBER COMMENTS: AM/Harmony asked that the Chamber of Commerce allow him to address the membership regarding redevelopment agency indebtedness. AM/Herrera disagreed with AM/Harmony that D.B. is not blighted. She reminded the Agency that there is a large percentage of commercial vacancy in the City. She read from the business expansion and retention program which does not refer to big APRIL 15, 1997 PAGE 3 REDEV. AGENCY box shopping areas. C/Werner stated that as a Council Member, his fiduciary responsibility to the community is to assist in the retention of services and minimize costs to the community. As a property owner, he viewed the retention of property tax dollars. within the community as a benefit to the City. If redevelopment was not available to assist in recapturing tax dollars by pursuing redevelopment projects, property owners would pay for the improvements. 8. AGENCY SUB -COMMITTEE REPORTS: None 9. ADJOURNMENT: There being no further business to conduct, Chair/Werner adjourned the Redevelopment Agency meeting at 9:18 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary TO: FROM: SUBJECT: DATE: DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM Chairman Werner and Board of Directors Linda G. Magnuson, Accounting Manager Voucher Register, May 6, 1997 April 30, 1997 Attached is the Voucher Register dated May 6, 1997 for the Diamond Bar Redevelopment Agency. The checks will be produced after any recommendations and the final approval is.received. Payment of the listed vouchers totalling $38,344.80 is hereby allowed from the Diamond Bar Redevelopment Agency Fund. APPROVED BY: \2� Linda G. Ma4huson Accounting Manager Terrence L. Be.iange Executive Director Gary H. Werner Chairman Robert S. Huff Vice Chairman ---------------------------------------------------------- ------------------------------------------------------------ m era r g v, ........'06" 01 411 ;,.csenow Sevacqk Grcu,m iosencw 0 4110-4000 2 705066 01 /5 6;`) I -an 'jabriel VIv Trilture 4 6 4.; -------- 45 w, all I t g 4!2 -Y" 2UE VENMOR -------- 613.58 E VENDOR -------- Ad 17, �'3 7 --0 - ----------- - ------------ 7 44. iOAL ____________ _______ ____ ------------ ------------ ____________ ______--_-_- MEMORANDUM TO: Honorable Chairman and Redevelopment Agency Members FROM: Terrence L. Belanger, Executive Director(Vt DATE: May 6, 1997 SUBJECT: Advance and Reimbursement Agreement Number 3, Budget Amendments, and Professional Services Contract Amendment Recommendation: That the Diamond Bar Redevelopment Agency take the following actions: Adopt a resolution approving Advance and Reimbursement Agreement Number 3, with the City of Diamond Bar, in the amount of $50,000. Approve an adjustment in the budget for Fiscal Year 1996-1997, adding $25,000 to the Advertising account, adding $5,000 to the Professional Services account, and adding $20,000 to the Legal Services account. Approve an amendment to the professional services agreement with Rosenow, Spevacek Group, Inc. (R.S.G.), increasing the contract amount by $25,000, to a total of $100,980. Background: In September 1996, the Redevelopment Agency proceeded with a redevelopment plan adoption process for the proposed Diamond Bar Economic Revitalization Area. In order to complete the process, it will be necessary to approve Advance and Reimbursement Agreement Number 3, in the amount of $50,000. Of this amount, $5,000 will be allocated to the Professional Services account, which amount in conjunction with the current $20,000 account balance, will fund the $25,000 needed for additional services from Rosenow Spevacek Group. Additional costs have been incurred relative to the services of R. S. G. These include additional field surveys regarding the existence of blight in the proposed project area, coordination of documents with Richards, Watson and Gershon, preparation for and attendance at meetings of the Ad Hoc Advisory Committee. This is equivalent to working with a project area committee, which was in the proposal for the current contract, but was declined at the time of contract approval. Report to the Redevelopment Agency Advance and Reimbursement Agreement Number 3, Budget Amendments, Contract Amendment Page 2 An ad hoc advisory committee was subsequently established, and staff and the consultant were directed to provide support services.), extraordinary work on the preparation of the base maps used in preparing the legal description for the proposed project area, preparation of business lists for the mailing of public notices, and preparation and mailing of public notices; including postage, which was outside the scope of the services contract and which otherwise would have had to be paid by the Agency to the printer and the Postal Service directly. The amount of $20,000 will be allocated for services from Richards, Watson & Gershon, for both those services which would be expected through the completion of the plan adoption process, and for unplanned legal services, should the need for these services arise. The amount of $25,000 will be allocated to legal advertising. These funds are to be used to pay for the cost of publishing the public notices required by law for the public meetings and hearings associated with the plan adoption process, and for the publishing of the ordinance enacting the proposed redevelopment plan. RESOLUTION NO. A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 3 WITH THE CITY OF DIAMOND BAR The Diamond Bar Redevelopment Agency hereby finds, determines, resolves and orders as follows: SECTION 1. The Advance and Reimbursement Agreement Number 3 for Administrative and Overhead Expenses, attached hereto as Exhibit "A", is hereby approved. The Chairman is hereby authorized and directed to execute such Advance and Reimbursement Agreement Number 3 for and on behalf of the City. PASSED, APPROVED AND ADOPTED this day of 11997. Chairman ATTEST: I, Lynda Burgess, Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of theDiamond Bar Redevelopment Agency held on the day of , 1997, by the following vote: AYES. AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAINED: AGENCY MEMBERS: Lynda Burgess, Secretary ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 3 FOR ADMINISTRATIVE AND OVERHEAD EXPENSES This Agreement is made as of the day of , 1997. by and between the CITY OF DIAMOND BAR (the "City") and the DIAMOND BAR REDEVELOPMENT AGENCY (the "Agency"). A. RECITALS: A. Pursuant to the Community Redevelopment Law (California Health and Safety Code Section 33000, tj =.) the City is undertaking a program for the redevelopment of blighted areas in the City. B. The Agency is utilizing the staff and other resources of the City. The City Manager of the City serves as Executive Director of the Agency and it is anticipated that the staff of the Community Development Department and staff of the Public Works Department will devote substantial time in gathering information relating to redevelopment of blighted areas within the City, conferring with developers and potential developers of land within such blighted areas or the survey area, and conferring with public officials representing the taxing agencies and other governmental agencies regarding redevelopment. C. By providing and making available to the Agency the staff and other resources of the City, and by providing and making available to the Agency office space, equipment, supplies, insurance, and other City services and facilities, the City has advanced and will continue to advance the cost of the foregoing to the Agency. D. The City and the Agency desire to enter into this Agreement to acknowledge the foregoing recitals and to provide for an appropriate method of reimbursement of such advances by the Agency to the City. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Section 1. The City shall make available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities. The Agency shall have access to the services and facilities of the Planning Commission, the Community Development Department, the Public Works Department, the City Engineer, the other departments and offices of the City and the City Attorney. Section 2. The value of the staff resources, office space, equipment, supplies, insurance and other services and facilities, as determined by the City Manager pursuant to Section 4 hereof, shall constitute a loan for the administrative expenses and overhead of the Agency to be repaid in accordance with this Agreement. Section 3. On or prior to July 1 st of each year, each of the department heads shall prepare and submit to the City Manager a detailed accounting of time spent during the immediately preceding fiscal year by department personnel on matters for or related to the Agency, the implementation of the overall program for the redevelopment of blighted areas within the City, and any undertaking in furtherance of an redevelopment plan by the City, the Agency, or any related or subordinate public entity of the foregoing. Each department head shall also prepare and submit to the City Manager a detailed accounting of the use of all office space, equipment supplies, insurance, and other City services and facilities used by department personnel in connection with time spent on the foregoing. Section 4. Based upon the foregoing detailed accounting prepared and submitted by each of the department heads, the City Manager shall calculate the total of such time. The City Manager shall further calculate the total aggregate time spent by all City personnel during such fiscal year, and shall then determine the percentage of time spent on matters related to redevelopment as described above. The City Manager shall further determine the fair rental value 2 of the office space and equipment, and the value of supplies, insurance, and other City services and facilities used during such fiscal year. Based upon the percentage of staff time spent on matters related re redevelopment, as calculated above, the City Manager shall determine a fair, reasonable and appropriate rental amount to charge to the Agency for the use thereof during such fiscal year. Section 5. The Agency shall pay to the City, upon demand, the time charges, and the fair rental value of office space, equipment, supplies, insurance and other City services and facilities used during such fiscal year, as determined by the City Manager in accordance with Section 2 above. The Agency shall pay such charges, rental value and other value from any funds of the Agency lawfully available therefor; provided, however, that the obligation of the Agency shall be subordinate to any bonds, notes or other obligations of the Agency issued pursuant to law, and to any other obligation of the Agency incurred prior to the date of adoption of this Agreement. Section 6. The City Manager shall review, from time to time, amounts previously paid by the Agency to the City, which amounts were intended to reimburse the City for the time spent by staff of the City, and for the use of office space, equipment, supplies, insurance and other City services and facilities by the Agency. In the event that the City Manager determines following such review that additional moneys are due and owing to the City, the City Manager shall make immediate demand therefor. In the event that the City Manager determines following such review that the City has overcharged the Agency for such use, the City Manager shall apply a credit in the amount of such overcharge to the next demand or demands made to the Agency pursuant to this Agreement. Section 7. In addition to the City making available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities pursuant to Section 2 hereof, the City shall, from time to time and at the request of the Executive Director of the Agency, advance funds to the Agency in such amounts as the City Manager deems necessary for the administrative expenses and overhead of the Agency, including, but not limited to, expenses of redevelopment planning and dissemination of redevelopment information. Such amounts shall constitute a loan for the administrative and overhead of the City. The aggregate amount which may be advanced to the Agency pursuant to this Section 7 shall not exceed $50,000 without an amendment of this Agreement. Section 8. Amounts not paid by the Agency to the City within 30 days of demand therefor pursuant to this Agreement shall bear interest at the average daily rate as determined by the Treasurer of the City paid to the City on its funds invested in the Local Agency Investment Fund from the date of such demand to the date of repayment. ATTEST: ATTEST: CITY OF DIAMOND BAR Mayor DIAMOND BAR REDEVELOPMENT City Clerk AGENCY Secretary 4 Chairman HP OfficeJet LX Fax Log Report for Personal Printer/Fax/Copier Apr -23-97 12:15 PM Identification Result Pages T a Date Time Duration Diagnostic 8607597 OK 07 Sent Apr -23 12:11P 00:03:57 002080430020 7.3.0 Who? = _ r What? When? Cover sheet Where? Why? How? Find out what's Ong on in Diamond bar with the new Diamond bar Community Calendar! It'5 your per5onaL guide to Local activities, events, and more! The Diamond Bar Community Calendar is published quarterly for the residents and visitors of Diamond Bar. City of Diamond Bar • California I -888 -777 -CITY Date: y" '�'3" c-, 2 Time: 4"W (0 No. of Pages: 7 lincluding cover sheet) Company: Phone: FAX: 0 FROM: Department: Phone: FAX: Comments: City of Diamond Bar 1W21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 909-860-2489 9 909-861-3117 (FAX) Internet: http:/A~.d.diamond-bar.Ca.uS Pane 1 Memo �-rrj Sharma May 02,1997 r. B c Economist C C�� 7 P.O. BOY 2428 ,r Covina , Ca 91722 Tb Mayor Robert Huff City of Diamond Barr Ca ,,3 21660 E. Copley Drive , Ste 100 _ �1 Diamond Dar , Ca 91765 RE: Conditional user permit 96-10 and development review 9609. Des' Mr. Huff , 1. I am U.S. citizen voter and residing at 24356 Darrin Drive Dianmd Bar . California 91765. 2. Recently, I have learnt that the above project has been approved by the respected planning commission of city of Dianand Bar cohere as lot of other cities have disapproved the same project. Their decision is irritatingly thought provoking. They took this decision by flagrantly violating and disregarding civilised C.0 & R section 2.07. A copy is enclosed for your 2m-ual. Any person with bare minimum 1% Z.Q. level who has an iota of common sense and who hats 1x'1000 OZ of brain can comprehend this simple clause in plain simple EWIish. 'heir action is in gross violation of civilized code. The C.0 & R section 2.07 of Tract 42584 is as under: " No radio.antena, aerial, C.B_ antenna or transmission of radio or television signals or other means of communication shall be erected installed or maintained on any lot." This clause is very loud and clear , even a deaf can hear it and An eleamtary student can read and miderstand the meaning of it . You do n't have to be genius to understand plain sinple language.This clause must be honored at any cost. When we bought home in 1986, we were assured that this Will remain only residential area tot commercial area. If you want to convert it into commercial zone , you have to put on ballot in the coating election.If the residents approve the conversion then you have to allow every single resident to start commercial business on their lots . t No discrim n cion). Contd. on page 2 �fI�SE ��cK 7r/E p/9C IN Ty OF C NA+V�i�s �oVE• Page 2. The planning ccnission paid deaf ears to the interests of neighbors of this project. They brain washed by the illogical never tested and never approved scientific study of E.M.S Radiation effects. Their body, mind and soul has been corruptly influenced by the never approved vested interests of phone caapanies. The appealing and appeasing arguments of phone companies' pros are full of salesmanship pregnant with ulterior self interest motives only( by hook or crook). Is there a single child of these phone companies who lives near this project? No one has proved that the radiation is 100% harmless for human beings especially for children. Their logic is frothy rubbish because that is based on their personal conclusions. The people in favor of this project do not live in this neighborhood. You must listen only to the people who live adjacent to this project. 3. Granting approvel of the project would be detrimental to Public welfare and enjoyment of private property by the adjacent neighbors. 4. The approval of this Project will set a precedent for attracting more and more phone companies which will multiply more and more radiation level. S. THers are so many alternative sites available that could provide less impact on environment. If they can prove it is 100% safe for children , they can instal in public schools or parks in the same area for the benefit of the whole commuLity. 6. There will be negative impact on the real estate sales due to potential health hazards. If you want to approve this project, please get the following ca m;tments and requirements in order : 1. Get the e.)tpert opinion of independent professional Scientists 1 not paid by Phone companies ) regaing this project_ 2. Get certificate from E.F.A. that radiation of these Antennas is 100% safe for the neighbors especially for the children under age 18. 3. No 4tW phone company will ever be allowed to cane in our area for this purpose, 4. Ttfie companies will never increase the =*er of any more antennas_ 5. These companies will never raise the height of these antennas more than once approved. 6. FRom time to time They will disclose all the secret infoLmation about the effect of E.M.S. radiation. They will never hide like Ci*ett companies. 7. The phare companies will pay for the ==l canoer check up of all. the residents especially children of this area. Ir any ill effect is noticed they will be responsible and accountable for all the medical bills and punitive damagas for =Liming the life of residents of this area. Contd. on page 3 Page 3. B. If the prop"value goes down due to the presence of ENS radiation in our area, the phone ccOPanzes Will be held responsible to compensate the financial loss suf;'red by local residents. They should not be off the hook freely and easily. 9. In the of these antennas our cellular ph nsjare workin;j perfectly well without any interruption. 1a . An expert independent study must be done about these pro]ects. 11. You must Contact other cities in Southern California and get their expert opinion on this issue before giving any green signal. Finally, I would like to reca mwnd very very strongly , take this project to any co miercial area. THe residential areas are not meant for this purpose. Why do you Want to disturb our peace , calmness and tranquility. Thanking you in anticipation. With deepest regards and best wishes for the whole qty. May God bless good and sane sense on every body in the interest of humanity at large. Sincerely, Brij Sharma C.C. To the following for information and necessary action ASAI' 1. Mayor Pro -fin. Carol Herrera 2. Council vkm&n Eileen ,Ansari 3, Council mean Gary I7erner 4. Comcilman Clair W. Harmony 5. Public Utility ComZissim of California. 6. Los Angeles Times L.A. . CA. 7. San Gabriel Valley Tribune , west Covina. 8, Daily Bulletin . Ontario. 9. CBS T.V. STation Channel 2 Los Angeles . 10. Mr. 'Perry Belanger . maacrid Bar City Manager. C/. or Improvements of any kind shall be placed upon any portion of the Froject either temporarily or permanent) . No garage, trailer, camper, motor ome, oa , or recrea Tonal vehicle shall be used as a residence in the Project, either temporarily or permanently. Section 2.05. Nuisances. No Lot shall be used in such a manner as to obstruct or interfere unreasonably with the residential and related uses of other Lots. No noxious or of- fensive activity shall be carried on, in, or upon any Lot, nor shall anything be done thereon which may be or become an un- reasonable annoyance or nuisance to any other Owner. Without limiting the generality of the foregoing provisions, no loud noises or noxious odors, exterior speakers, horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes), noisy or smoky vehicles, large power equipment or large power tools, unlicensed off-road T:otor vehicles, or items which may unreasonably interfere with television or radio reception of any Owner in the Project shall be located, used, or placed on any portion of the Project or exposed to view of other Owners without the prior written ap- proval of the Committee. The Committee shall have the right to determine if any noise, odor, interference or activity ing the noise, odore nce. produc- ing constitutes a nuisance. Section 2.07. Antennae; Rooftop Appliances. with Ore exception o£ one (1) television antenna installed in a man- ner designed to mitigate the obstruction of views and avoid un- necessaryaesthetic impact, no radio antenna, aerial C.B. antenna, television antenna or other acl Mies for the recep- t on or transmission of radio .F te_1_e on`-3ignaTs" or otHer �teans o_ communication -shall be erected Linsta a o'r maintaine on any Let, except totally wl in a we ling Unit with no ex- �terto i ence thereof or in underground conduits, A masterWi antenna or cablevisicn antenna may be provided for the use of all Owners, and Grantor may grant easements for such purposes. in Addition, no Improvements, appliances or other installation shall be permitted on the roofs of Dwelling Units, unless in- stalled in a manner so as not to be visible from other Lots or streets, and approved in writing by the Comm, ze. Section 2.08. Animal and Insect Restriction. No livestock, rept`1es, insects, poultry, or other animals of any rind shall Se raised, bred, or kept on any Lot, except domestic cogs, cats, fish, birds, and other household pets may be kept on Lots, provided that they are not kept, bred, or maintained : or commerc-al purposes o= in unreasonable quantities. As used in ;,his Declaration, "unzeasonable quantities" shall ordinarily mean more than two (2) pets per Dwelling Unit; provided, how- ever, tnat the Committee maY deter.mina t!'iat a _oaaonabl� nu.._nbar 84- 2337efl uo 2420$/RBM/00355/l5273 k'n/02-07-84 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ENACTING A VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1: "The California Political Reform Act of 1996" passed by the voters as Proposition 208 on November 5, 1996, permits cities to establish voluntary expenditure ceilings for candidates for elective office and the controlled committees of such candidates. Pursuant to California Government Code Section 85400(c), effective January 1, 1997, such a local voluntary expenditure ceiling may be established in any amount not to exceed one dollar ($1) per resident of the jurisdiction. Section 2: Chapter 2.06 is hereby added to Title 2 of the Diamond Bar City Code, to read as follows: "Chapter 2.06. City Council Election Campaigns. Sec. 2.06.10. Voluntary Expenditure Ceiling. (a) Pursuant to Government Code Section 85400(c), a voluntary expenditure ceiling is hereby established for each election for Member of the City Council in an amount equal to one dollar ($1) per resident of the City. (b) The City Council shall determine the number of residents in the City for the purposes of this Section by resolution adopted not less than seven (7) months prior to each regular City election. The time frame specified in this sub- section (b) shall not apply to the November 4, 1997 general municipal election. (c) Prior to accepting any contributions after the effective date of this Ordinance, each candidate for City Council shall file with the City Clerk a statement of acceptance or rejection of the voluntary expenditure ceiling established herein. (d) No candidate for Member of the City Council who accepts the voluntary expenditure ceiling established herein and no controlled campaign committee of such a candidate shall make campaign expenditures cumulatively in excess of the voluntary expenditure ceiling established herein. (e) Each candidate for Member of the City Council who rejects the voluntary expenditure ceiling established herein shall be subject to the contribution limit set forth in 970502 10572-00001 Ir 1201784 (1) Government Code Section 85301, as the same may be amended from time to time. (f) Each candidate for Member of the City Council who accepts the voluntary expenditure ceiling established herein shall be subject to the contribution limit set forth in Government Code Section 85402, and not the contribution limit set forth in Government Code Section 85301, as either section may be amended from time to time. In addition, as to each such candidate the City Clerk shall: 1. Cause to be printed in the City sample ballot materials, at the option of the candidate, a candidate's statement at no charge to the candidate, including one translation thereof, if requested or required by law. 2. Provide notification to voters that the candidate has accepted the voluntary expenditure ceiling established herein, as required by Government Code Section 85602 and any applicable regulations. (g) Except as provided herein, the provisions of the California Political Reform Acts of 1974 and 1996, Government Code Sections 81000, et sea. (collectively, "the Acts"), and applicable regulations adopted pursuant thereto, as the same may be amended from time to time, shall govern the interpretation and application of this Section. (h) The penalties and remedies for violations of this Section shall be those set forth in the Acts. Section 3. The City Council finds that it is necessary for the preservation of the public peace, health and safety that this Ordinance take effect immediately to give full effect to its provisions and to avoid conflict with the provisions of Proposition 208, "The California Political Reform Act of 1996," which was approved by the voters on November 5, 1996 and which took effect on January 1, 1997. Proposition 208 establishes a system of contribution limits that took effect January 1, 1997, the level of which will be affected by the adoption of this Ordinance. Further, Proposition 208 established a campaign fundraising period which begins on May 4, 1997. Such limits, and this Ordinance, will apply to City elections to be held on November 4, 1997. Significant administrative and criminal penalties may be imposed for violations of such limits. It is necessary that this Ordinance take effect immediately to prevent confusion and ambiguity in the enforcement and application of this Ordinance and Proposition 208, and to allow the will of the voters to be fully implemented at the November 4, 1997 City election. Therefore, this Ordinance is necessary for the immediate preservation of the public peace, health and safety and its urgency is hereby declared. This Ordinance shall take effect immediately upon its adoption. 970502 10572-00001 Ir 1201794 (1) - 2 - Section 4. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage, in accordance with Section 36933 of the Government Code, shall certify to the adoption of this ordinance, and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. PASSED, APPROVED and ADOPTED this 6th day of May, 1997. MAYOR ATTEST: CITY CLERK 970502 10572-00001 Ir 1201784 (1) - 3 -