HomeMy WebLinkAbout04/15/2008Tuesday, April 15, 2008
5:00 p.m. — Closed Session CC -8
5:30 p.m. — Study Session CC -8
6:30 p.m. — Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
Mayor Jack Tanaka
Mayor Pro Tem Ron Everett
Council Member Wen Chang
Council Member Carol Herrera
Council Member Steve Tye
City Manager James DeStefano
City Attorney Michael Jenkins
City Clerk Tommye Cribbins
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) 839-7010 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990,
the City of Diamond Bar requires that any person in need of any type of special equipment, assistance
or accommodation(s) in order to communicate at a City public meeting, must inform
the City Clerk a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or drinking in the Council Chambers.
The City of Diamond Bar uses recycled paper and encourages you to do the same.
1
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CHANNEL 3, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY
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AVAILABLE ON THE CITY WEB SITE AT WWW.CITYOFDIAMONDBAR.COM
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
April 15, 2008
Next Resolution No. 2008-12
Next Ordinance No. 04 (2008)
CLOSED SESSION: 5:00 P.M. Room CC -8
► Conference with Real Property Negotiator: Government Code
Section 54956.8
Property: 108.36 acre parcel of real property, APN 826-900-8270
City Negotiator: City Manager
Negotiating Party: City of Industry
Under Negotiations: Price and Terms of Payment
Public Comments on Closed Session Agenda
STUDY SESSION:
5:30 p.m. Room CC -8
► Goals and Objectives Update Status Report of Fiscal Year 07/08 —
and Discussion of New Goals and Objectives for Fiscal Year 08/09
Public Comments
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
6:30 p.m.
Mayor
Mrs. Linda McCubbin, Director of
Children's Ministries, Evangelical Free
Church
Council Members Chang, Herrera,
Tye, Mayor Pro Tem Everett, Mayor
Tanaka
Mayor
April 15, 2008 PAGE 2
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Introduction of new Fire Chief Glynn Johnson.
1.2 Presentation of City Tile to Ramon Guerrero, with MCE who will be retiring
after 8 years of service to the City.
1.3 Proclaiming April 13, 2008 through April 19, 2008 as "National Library"
Week.
1.4 Proclaiming April 20, 2008 through April 26, 2008 as "Safety Seat
Checkup" Week,
1.5 Proclaiming April 25, 2008 as "Arbor" Day..
1.6 Proclaiming April, 2008 as "Sexual Assault Awareness" Month.
1.7 Proclaiming April, 2008 as "DMV/Donate Life California" Month.
BUSINESS OF THE MONTH:
1.8 Presentation of City Tile to St. Jude Heritage Medical Group, as Business
of the Month, April, 2008.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take 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
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 City's 191h Birthday Celebration — April 19, 2008 (Saturday) — 11:00 a.m. —
5:00 p.m. (Carnival rides until 6:00 p.m.) , Pantera Park, 738 Pantera Dr.
5.2 Planning Commission Meeting — April 22, 2008 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
April 15, 2008 PAGE 3
5.3 Earth Day Celebration — April 22, 2008 — 11:00 a.m., Diamond Ranch
High School.
5.4 Parks and Recreation Commission Meeting — April 24, 2008 — 7:00 p.m.,
AQMD/Government Center Hearing Board Room, 21865 Copley Dr.
5.5 Arbor Day Celebration — April 25, 2008 — 9:00 a.m., Pantera Elementary
School, 801 Pantera Dr., Diamond Bar
5.6 City Council Meeting — May 6, 2008 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 Planning Commission Minutes — Regular Meeting of February 26, 2008
- Receive and file.
6.2 Parks and Recreation Commission Minutes — Regular Meeting of
January 24, 2008 - Receive and file.
6.3 Traffic and Transportation Commission Minutes — February 14, 2008 -
Receive and file.
6.4 Ratification of Check Register — Ratification of Check Register dated
March 27, 2008 to April 10, 2008 totaling $1,466,974.07.
Requested by: Finance Department
6.5 Approval of Amendment to the License Agreement with Los Angeles
SMSA Partnership, DBA Verizon Wireless to Construct a Wireless
Communications Site at Summitridge Park.
Recommended Action: Approve.
Requested by: City Manager
6.6 Award of Contract to Matlock Associates, Inc. for Sycamore Canyon
Park Americans with Disabilities Act (ADA) Design — Phase IV — in
the Amount of $50,000.
Recommended Action: Award.
Requested by: Community Services Department
April 15, 2008 PAGE 4
6.7 Award Engineering Services Contract to (a) Norris Repke, Inc., (b)
Hall and Foreman, Inc. and (c) DMS Consultants, Inc. for Plan Check
and Inspection Services of Utility Installations Related to the Verizon
Fiber to the Premises Project.
Recommended Action: Approve.
Requested by: Public Works Department
6.8 Adopt Resolution No. 2008 -XX: Approving Program Supplement
Agreement No. 006-N to Administer the Agency -State Agreement No.
07-5455R for Utilization of Federal Funds on the Grand Avenue Street
Improvements Project (Phase III) from Rolling Knoll Road to the
Easterly City Limits.
Recommended Action: Adopt.
Requested by: Public Works Department
6.9 Approve Notice of Completion for Prospectors Road Street
Rehabilitation Project.
Recommended Action: Approve.
Requested by: Public Works Department
6.10 Approval of Resolution 2008 -XX Approving and Adopting
Amendment One to the Third Amended and Restated Joint Exercise
of Powers Agreement of the San Gabriel Valley Council of
Governments.
Recommended Action: Approve.
Requested by: City Manager
6.11 Authorize City Manager to Purchase Servers and Workstations from
Hewlett Packard (HP) for the Diamond Bar Intelligent Traffic Signal
System Project, in an Amount not to Exceed $50,000.
Recommended Action: Approve.
Requested by: IS Department
7. PUBLIC HEARINGS: None.
8. COUNCIL CONSIDERATION: None.
April 15, 2008 PAGE 5
RECESS TO REDEVELOPMENT AGENCY ANNUAL MEETING
1. CALL TO ORDER: Chair Chang
ROLL CALL: Agency Members Everett, Herrera, Tanaka,
VC/Tye and C/Chang
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 Speaker's Card and give it to the Agency
Secretary (completion of this form is voluntary) There is a five-minute maximum
time limit when addressinq the Redevelopment Agency.
3. CONSENT CALENDAR:
3.1 Approve Minutes — Regular Meeting of December 4, 2007 — Approve
as submitted.
3.2 Treasurer's Statement - November 1, 2007 through March 31, 2008.
Recommended Action: Approve.
Requested by: Finance Department
4. AGENCY MEMBER CONSIDERATION: None
5. 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.
ADJOURN REDEVELOPMENT AGENCY MEETING
RECESS TO PUBLIC FINANCING AUTHORITY ANNUAL MEETING
1. CALL TO ORDER: Chair Tye
ROLL CALL: Authority Members Chang, Herrera, Tanaka
VC/Everett, C/Tye
April 15, 2008 PAGE 6
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 Authority on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the Financing Authority values your comments, pursuant to the Brown
Act, the Authority generally cannot take any action on items not listed on the
Posted agenda. Please complete a Speaker's Card and give it to the Authority
Secretary (completion of this form is voluntary) There is a five-minute maximum
time limit when addressing the Financing Authority.
3. CONSENT CALENDAR:
3.1 Approve Minutes - Regular Meeting of December 4, 2007— Approve as
submitted.
3,2 Treasurer's Statement - November 1, 2007 through March 31, 2008.
Recommended Action: Approve.
Requested by: Finance Department
4. AUTHORITY MEMBER CONSIDERATION: None
5. AUTHORITY MEMBER COMMENTS: Items raised by individual Authority
Members are for Authority discussion. Direction may be given at this meeting or
the item may be scheduled for action at a future meeting.
ADJOURN PUBLIC FINANCING AUTHORITY MEETING
RECONVENE CITY COUNCIL MEETING:
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Study Session
City of Diamond Bar
Memo
To: Honorable Mayor and Members of the City Council
From: Ryan McLean, Assistant to the City Manager P
Date: April 10, 2008
Re: FY 2008-2009 City Council Goals & Objectives
On the heels of the FY 2007-2008 City Council Goals & Objectives updates that were
provided for your review in the past few weeks, it is now the time to begin the City
Council discussions necessary to develop this year's document for adoption with the
FY 2008-2009 Municipal Budget.
The April 15, 2008 Council Study Session will be utilized to review the progress of last
year's goals, introduce and determine appropriate new items, and identify those which
have been completed and should be removed from the list going forward. As new
Goals & Objectives are proposed and adopted for the upcoming year, staff
encourages the Council to develop items with defined and measurable benchmarks
where appropriate. While conceptual Goals & Objectives in broad areas such as
overall traffic mitigation should remain, those goals with clearly defined progress
points will allow staff to regularly update and inform the City Council of their status
with increased precision.
The FY 2007-2008 Goals & Objectives updates sheet is attached here for your
reference during the discussion. Please contact me with any questions or comments.
City of Diamond Bar
City Council FY 2007-2008 Goals & Objectives
(REVISED)
April, 2008
1. TRAFFIC MITIGATION
• Continue to pursue the 57/60 Freeway Interchange corridor long-term "final fix".
The .l_echnicat Advisory Conirnittee loet on January 24. 2008 and ed f12rc�€
3) atten7atives Groin 10 Concepts) for further study. ft7cy aro; (1) missing Fr a, C0l?o6VGrs
1=>tus Carpool 1_-xIonsion, (�) Paralle/ SR -57160 Syslern, and (3) Double Beck, MIA staff and
1170i" will be defining and evratuating these three options in greMer detail by
/'aye 7r,rae of 21,108.
• Maintain opposition to the SR -60 Freeway truck only lane (unless appropriate as part of the 57/60 "final
fix")
M01 itching MTAs Nfulti-County Goods Movements Action /-'tan. Of, jauut _Iry Id 2008, staff
trtansrraitt€�d written cornments to the MIA, We have significant concerns with ,11,Je corat;tcrsiorls
and widertyOg analysis that "7herefore. a truck /arae systern frvrta ttae San Pedro Bay Floats to
" a tory tale ora 1-710, Std -W and ,-15 would be the preferred oration. " We belie��e ti�reii, cur- ( -
anea4,�Sis is incomplete, and superficial, We further requested that M[A does not pioceed with
developing any ,`uilhor recorrmaend ,tions or take any forro al actions until raur concerns have
been < dilres st d.
Monitcarrng SLAG s draft 2008 Region,{ Tran; portatton Placa (PTP):inn J�antiaty 35, � 00 ', st<1ff
a!traadcd as SCAC PublicHoar-ireq rand ptnvidod otic ;era/ commenWconcc.,nas, c3ra Fein; rr�Iry 7;
0008'. MPT Everett and staff attencte(i ra Public healing meeting before, the ,SCAGs
Transl)odation and Corninuraication a Conamittcle, and p,ovided oral cotnrraanPs. Stiffr, �ra�rrtrttod a�,filti,ra c;onarr;rnts to SLAG oi; Frrhnaary 1(3, 2(7(38. I�`�; s;tc� wary cc>rrenae;rt t1a<�t t1;e;
c r,rent drGaft 2008 RTP appears to contain text with unsiabstsantiated �;��nclasions`rra,5tr-sillier/
tr at€ nafs Haat may se,rje to "mandate" irrapl€;raa€;tatatioia of truE,k lanes and fo ,res c7oocfs
moi orPOrals along the SR -60 Freeway corridor-, Wo believe, Haat of exclusive
truck lanes rare the SI? 6p would li'l<raly t0sallt in signifrcatd impacts to mixed flow tri, ' c.
gout ostion along, the SR -57160 Interchange,
Separatcfy, we leanied Haat SCAG has prepared a (Request for Proposal to solicit proposals
from c.;oaa ultants to develop a Comprehensive Regional Goons Allovernent Plara aria
Maplernentatioo Stl-ategv. The plata will incorporate filldirrcJs and recommendations from the
re,,`eol/,v c;c,nipleied and ora -doing foods moverraent-related studies, particularly the Multi -
County Goods Movernent Action k'lara, and will be based on the overall concepts ::ancf
strategir�s defined in the 2008 RTP. Proposals are dLro by March 20, 2006
• Develop the Four Corners Transportation Coalition and Four Corners Association of Governments to
support and address transportation improvements for Diamond Bar and member agencies within the
four corners area
The City t,castc d the FCTC sty atec3rc lata?araing (eSsir�n oil Feb, 4t ?,0X;13_ Ttw FCJC board
der:rded to create. are RFP to securo the services of a part -Hilae executive ct��recic� wfar3s
,esponsibilities would be to rr7arkot,�jromote%ecure funding sources for, the coalition's fora
pr ial ity 1;t (?-e".'ts,
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• Monitor and participate in the completion of the Lemon Avenue interchange project
The initial Study,,,Environmental Assessroent was prepared and publicly advertised and seat jo
i-esi(fir)tsihrssiriesse&,'irrterest(�cl parties, 01.3 January 29"' and February 1''. the pubfic was
invited to attend the Pigect frtformatiort lneetinge. The corriment period closed on Febtuary
22, 2008. F�espor?ses to corrrnrerrts are being prepared arra will be c;orrapleted by the oncl of
AAarci? Staff ;gill he presenting a recornmeradition to the Coutic it in April.
• Complete the Traffic Management System and associated traffic signal interconnect project
r tivr to of Traffic h1 anagerraerit System (? ls), it is necessafy to cr,rrpleto
tine upgrade oftragic signal Controllers (by LA County} and the traffic Sic)nal interconnect
systern, These Berns ot' vvcarls are scheduled to begin in April 2008 and to reach cornPletion
before the end of tlau calendar year. The TMS Consultant' is currently draffing pr-e-corrrrniesion
and taccertance test' playas acrd wid continue with System Configuration effbrfs. Pending
cornpr'etion of the �'backbone`tralirc srcanat rfrterconr�ect segrnerats viorag porl�rvras of orrr-
artemals; it is possible Mot Borne intersections will be `ren -line' by t'ae r6rll of this year.
• Review LA County and area Cities parking ordinances (including oversized commercial vehicles, RV
parking, and vehicles exceeding 8000 pounds) and develop a consistent and compatible ordinance to
promote safety and maintain property values
Stuff is in process of revlevvirtg rather area cifieS' ordinances and devefopirag options for tltr
Council to corlsider-in the corning months should they wish to do so.
2. ECONOMIC DEVELOPMENT
• Create and implement a Strategic Plan for use of economic development resources to secure long term
revenue sources for the City. Identify the implementation plan in 1, 5, and 10 year increments, and
market the plan to the community
fi� the ,o odes of hiring a c orasuitant to assist City is developing a S�ategic Plan that analyzes
t1"e econon-aic developinent resources and how to use it it) securirig forty tern) rever�rue. e.g.
r cl0veloprt7ent of the K mart ger!eral area.
• Create a high quality and dynamic center, to include entertainment, dining, retail shopping, and
recreational opportunities in an outdoor environment (similar to Birch Street, Irvine Spectrum, etc.) to
meet community needs and create long term revenue sources
In 200-7. tete Council voted to rernove tete fdCus of sucfr a pt (ect f3-orn the Calf Cc.>rrrye
propeTv- Shaft v,1il1 review all options in other locations irr tf,e City for such a project as they-
beconr e iv aifzrl.>ltt.
• Work with LA County Supervisor Knabe to locate a regional library within the City
Thi, iteo) rerraxairts in the conceptual 1�13asc:?. Development of �,3 re€licraal filwill r(>quirf;
se curirtcl rar7 appropriate location and funding.
• Evaluate and develop a Specific Plan for the future use of the 28 acre parcel at Diamond Bar Blvd. and
Brea Canyon Road (Site D) to incorporate a minimum of 50% of the site for retail commercial uses
residential development
A team of (.:,9rrsultat7gs has been hired to prepare thO Environmental Impact Flt>>laca ar)d tho
Spc ciaic PIs=:rr, Tlac ElR f< clrnrc, al stucfiencf tits apt=,cific Harr ar ir7lro;;, ;;.
0 Page 3
•
Evaluate and develop a strategy to revitalize the Kmart and related retail area located at the SR -60
Freeway/Diamond Bar Blvd
An economic consL;jtaj-)t has been hired to assist tj,)o City in developinerit strategies to
jO
. witalize the K -Alan and related retail wea,
0 Create and implement a business to business marketing program.
This fcro k.; a part ,)f th(' City's contract with The RO�totial ChMhOr Of COMMerce San
Gabriel Valley, The Chamber curren4y holds business-to-bilsiness rnixer's and evelits and
3. COMMUNICATIONS
• Continue periodic Envision Diamond Bar events for citizens to discuss issues and opportunities and
include a goal setting forum
Staff has maintained o , o0r) and public At"IMS for r0sidents on a numbet of maj(-y issues,
i�',cluding numerousf'Ice-to-face Neighborhood Traffic Management Pm.,),,,gram moctings arid
scoP,','?g Sessions to?- the proposed Aera Energy ajjd Site D Projects, These events have
provided an oppoitUrlit , y fear residents to speak directly to City Staff grad C017SUItants and
cornn lunicate their corornents, and concetos,
• Develop and implement a citizen satisfaction survey seeking opinions regarding new
retailers/restaurants/commercial uses and services residents seek within the City of Diamond Bar
A survey ret/archinq opini n, f
0 5 for potential economic, deveVopment oppoituoities ivas conipleto(y
last year. Resillts indicated residents Wele intorested 0 a van'ety of new retail and dining
options I'll town,
• Modify the City's website to include all retail centers with a list of each business/retailer located there so
residents know what businesses are located in Diamond Bar
ShOPA;09 Center Inventnry has boon complotod and staff is currently finafizilig)nj(I
crc�afro g database, In addition, a Btisiness Directoty component wN be� added to the ci , 14
Y S L V 0 0
silo. The new conpO17017t will beGorne part of the site makeoverctirrently in Progress, The
directo-y allows vjsjt0t,,,3 to search for local businesses by name or category and will contain
ority those Diamond Bat, based businesses that hold a ci In-ent Business Ltrense.
• Enhance the City's website to provide additional information and access to City services
City Wehsite Makeovor is itr prQqress, ao(I ctirrently in the design stag(-;
Tj ie Q0 N adfhtIO!?S IvIvill it iclude, an expanded tise! --friendly honk) page design with i 7r; ivs
lygh)iyl its, and community calendar, 'porno pag(.,,s`f(.,r each depirtmentlo include (,jistorr?
calendararld Ciepartmontspecifir FAQs,, addition Of V1o(,'ldY C --i mail fb�'
multiple departments, cKri,91 M`011 of 0-st ibscT#)ti(,r?S to include dG'P,'))`tM017t Or P!-Qj(,IIt sp(,,cafiC
ra
updatel-l" the addition Of Goc)gle n1ar) direction finks for city f6cilities and calendar evei its: acrd
convert'nq rnany department fomes toAdobo.pcif fijj-,,,t-j documents,,
/l/so, a rie w dedicated web site f6t, Dian ioi o Bar Cent6,,r is it i the concept stages, We t rat,/e
s,ecvrec the rights to wwwDiamondgarCenter.com, and v,,,e envision that the new Site will
assist staff in marketing to increase week day usage forn'ieetings, cooferences and
� 'IF
lininq workshors, Focusinq primarily of, the Center's Orcte UlPacit`Y, Vetsatility, Stale,, ofthe
0 Page 4
ad equipment, beauty and convenient locati013. ti,si
Ce
I will make use of 360deyea vjcfeos to
,
allow visitors a compiele indoor and outdoor view of tfw Center.
0 Develop a plan to provide wireless internet access to the community
In FY'07,,'08 we will cot oplete a f(-asit),l,ity study to provide a wireiess hot spot h i Diair,-oncl Ba,,
Depending on the financial and technical feasibility. funding may be sought it? the FY 08-0,9
budget for constructjoo
4. OTHER ITEMS
• Expand the Sphere Of Influence and City boundary to incorporate properties west and southwest of the
city (Crestline/ Diamond Canyon property) and evaluate a potential SOI and boundary modification as
part of the proposed Aera Energy property development
Cresldna-'Diamond Can.,voll annexation area is in progres& f-hO next step is for Los Angeles
County to provide a tax exchange agroemen, to tile City SO thG)t staff can sc-!tedili,p for - Cit,
Councilre"View and adopt a resolution to accept the agreement, Then L11 County will, schedu"O
lbe approved a�peement lbr- Cotinty Board of StIper,t/isol- review and approval, before filing vaiti
LAR'0-
County CEO staff
Aera: The Specific and FIR are stili in progress,
• Monitor and evaluate proposals for development in surrounding areas such as Tres Hermanos, Tonner
Canyon., and the Aera Energy/Shell Oil property
Slaff confirwes iorovipw and monitor the proposed de-weloproent of Aera's TO
p ct as their i IR
progresses 1/7,-ntrgp� jjae draft stage. P
• Explore improvements to streets serving as City entry points (Pathfinder Boulevard between Evergreen
Springs and Diamond Bar Blvd)
• Support the current library through the preparation of a plan and fund for enhancements
7/70 C,1y has Provided foods for improvements at the library incii,rd ir)g ray w c(,)rni)11tO!s, ara
o<itdoortablc.
• Explore acquisition of properties near Washington Street and City of Industry property located near
Calbourne Drive for neighborhood park(s) and City maintenance yard uses
stioff is 0 the procc&s of r0Vi0v,,Jn9 the opportunities presented at tho sites. An appraisal has
boon cr.)rductea at lae Washington Street location, an(/ a meeting with tile property owt,or to
discoss its avaihibififywiff be set 1.11) Soo,,,
• Pursue and promote joint development/use of facilities, parks, and open space with PUSD & WVUSD
Lorbeer foottml/ ficij, trackandslope, improvement project completed in Fall" 2007,
0 Implement recommendations from the Youth Master Plan
'/ Coindleted third summer of conflict resolution progran? in SIJMTT'er'day carr)p, 2 fn process
Of dOv(,'/%*1g Prop A funded Youth at Hisk ernplpyrr,,ent pt,(,)9ra1T1 in parners17ip with Calitc',-
ara,
Conservation Corps, 3. Completed 4"' Midcf1c-',, School Dance or) November 2, 200T 4 5
Middlo S choo! Dance Planned for May 16, 2008 at the DBC- 5 B01`110 Of the Bands, for Nig. ti
6 Page 5
Schcoi 7*6r- as planned for June 25. 2008 at Sycamore Carryon, Park 6, DB4Youtt, �7n Actioo
r::oi?6911ttee men'Wers Mill be oarticipatiog in thee relay for Life at Lo rbeer folidClIeScf�o of
Sutr, June 7 & 8, 2006, 7, ProvVed numerous leadership Oppo,7unities tar youth throe,"( h
Df34'r'nuffi "tra . ctir r�";;nnatraittea.
• Implement Trails Master Plan focusing on areas around the Diamond Bar Center.
9. Design of Fraif access points at Steep Canyon and at DSC is complele arra is out to lai(Y Or
a co,-1strucdor, cootractor. 2. Dosiyn of Sycamore Ca"Ynrr l"Ot-A trail gyrase ill is almost
coral cite grant funclir,g for corast"uctio+7 Costs of this 011ase 3, Grant rc-quest io,
Somirrtt Hiclge Park trait. southern mute, submitted it, Ociobor, 2007, 4. Grant regi,,est 11r -
Land and Water Cvrrservation gram' submitted in fviarch 2008 f'vr a trailhe ad in Summit qkqe
liar/r. E Iwo mote grant requesis lot trail improven)errts tQ bo submitted in AIav, 2008 tion
f'ivcr�s arac7 A40e intains Conservancy funds.
• Preserve Windmill structure located at the Ralph's Shopping Center via maintenance and/or ownership
of structure and property.
A revised drat? corrseivation agreement was seat to the property owner for reoew o+a Febrtta y
29. 2oO8.
• Create a master sign program for major shopping centers
R City-vvicJe taraucArg taioglatta is /aelrargt;nttslcrerscJ. With this err rrairrd, and to rrt;zur c:catrrpj'c to
contiruity, it is apprcaprrrWe to wait un it a brartcf has been finalized before cles16,/vping a roaster
Sign program,
0 Page 6
6_1
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 26, 2008
CALL TO ORDER:
Chairman Nelson called the meeting to order at 7:03 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack
Shah, Vice Chairman Tony Torng and Chairman Steve Nelson.
Also present: Nancy Fong, Community Development Director; Greg
Gubman, Planning Manager; Ann Lungu, Associate Planner; and Stella Marquez,
Senior Administrative Assistant.
2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None.
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Minutes of Regular Meeting of February 26, 2008.
VC/Torng said he remembered clearly that Chair/Nelson asked a question of the
architect (page 6) about why they had not identified the restroom and felt it should
be recorded and asked that the minutes be approved as amended.
VC/Lee moved, C/Nolan seconded to approve the February 12, 2008, Minutes as
amended. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
Lee, Nolan, Shah, VC/Torng, Chair/Nelson
None
None
FEBRUARY 26, 2008 PAGE 2
7. CONTINUED PUBLIC HEARINGS:
PLANNING COMMISSION
7.1 Conditional Use Permit No. 2007-39 —Under the authority of Development
Code Section 22.48, the applicant requested approval for a one-story
addition of approximately
1,151
roan a twoegarageng two-story
residence of approx matelY 1,701squae feet plus car
PROJECT ADDRESS:
PROPERTY OWNER:
23802 Gold Rush Drive
Diamond Bar, CA 91765
Mr. and Mrs. Stanley Wan
23802 Gold Rush Drive
Diamond Bar, CA 91765
APPLICANT: Manual A. Sanchez
Alex Construction Company
934 Herald Street
Redlands, CA 92374
C/Lee recused himself from considering this item and left the dais.
AssocP/Lungu presented staff's report and requested Planning Commission
approval of Development Review No. 2007-39, based on the Findings of
Fact, and subject to the conditions of approval listed within the resolution.
C/Nolan, C/Shah and Chair/Nelson disclosed that they visited the site.
Chair/Nelson opened the public hearing.
There was no one present who wished to speak on this matter.
Chair/Nelson closed the public hearing.
Chair/Nelson commented that he was very gratified to see that people want
to stay in Diamond Bar. This is not the first addition that has come before to
the Planning Commission, nor will it be the last, and he was very gratified
see that people were willing to expand their existing residences rather than
move to larger homes in other communities. He did not consider this project
to approach "mansionization" and welcomed this forward thinking that would
assist maintaining a society with stable property values and families.
FEBRUARY 26, 2008
r;1
a
PAGE 3 PLANNING COMMISSION
C/Nolan moved, C/Shah seconded, to approve Development Review
No. 2007-39, Findings of Fact and conditions of approval listed within the
resolution. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT
COMMISSIONERS:
C/Lee returned to the dais.
Nolan, Shah, VC/Torng
Chair/Nelson
None
Lee
None
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
VC/Torng said he wanted to echo the Chairman's words regarding 7.1 and
mansionization because he believed that was very important. He did not want a big
house that required a variance.
STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects
9.2 Joint Commission Traininq
CDD/Fong reminded Commissioners that on March 19 the City Attorney
would conduct an Ethics and Conduct training session for the Parks and
Recreation, Planning, and Traffic and Transportation Commissions in the
Diamond Bar Center Grand Ballroom with dinner served at 5:30 p.m. and
training commencing at 6:30 p.m. Chair/Nelson reminded staff he would not
be able to attend the training session.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
FEBRUARY 26, 2008 PAGE 4 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Nelson adjourned the regular meeting at 7:17 p.m.
Attest:
Respectfully Submitted,
g, o munit� Development Director
Steve Nelson, Chairman
6.2
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
S.C.A.Q.M.D./THE GOVERNMENT CENTER AUDITORIUM
21865 Copley Drive
Diamond Bar, CA 91765
JANUARY 24, 2008
CALL TO ORDER:
Chairman Owens called the Parks and Recreation Commission meeting to order at 7:00
p.m. in the SCAQMD/Government Center Building Hearing Board Room, 21865 Copley
Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Grundy led the Pledge of Allegiance.
ROLL CALL:
Present: Commissioner Dave Grundy, Benny Liang, Vice Chairman Ruth Low and
Chairman Ted Owens
Absent: Commissioner Lew Herndon was excused.
Staff Present: Bob Rose, Director of Community Services; Anthony Jordan, Parks
and Maintenance Superintendent; Alison Meyers, Recreation Specialist; Claude
Bradley, Parks and Maintenance Supervisor; Sara Somogyi, Recreation Services
Manager; Mickey McKitrick, Recreation Coordinator, and Marisa Somenzi, Senior
Administrative Assistant.
MATTERS FROM THE AUDIENCE: None Offered
CALENDAR OF EVENTS: As Listed in the agenda and reported by CSD/Rose.
1. CONSENT CALENDAR
Approval of Minutes for the November 15, 2007 Regular Meeting.
VC/Low moved, C/Liang seconded, to approve the Minutes for the
November 15, 2007 Regular meeting as presented. Without objection, the
motion was so ordered with C/Herndon absent.
2. INFORMATIONAL ITEMS
2.1 RECREATION PROGRAM REPORT — RSM/Somogyi
2.2 PARKS AND PARK WALK-THROUGH REPORT — PMS/Jordan
VC/Low said she received a message regarding the tennis court net at
Ronald Reagan and asked if staff could send a contractor out.
JANUARY 24, 2008 PAGE 2 P&R COMMISSION
2.3 REVENUE/EXPENSE REPORT FOR 2006-07 FY — CSD/Rose
C/Grundy asked how much of the $1.3 million revenue was from the
General Fund and how much was from grants, etc. CSD/Rose responded
that it was all General Fund dollars. C/Grundy asked how much the City
spends for the year in grant monies and other monies. CSD/Rose
recalled that the City was granted almost $1 million in Prop A funds,
$130,000 for land and water conservation; $140,000 for Rivers and
Mountains Conservancy grant and $305,000 for Recreation Trails grant.
CSD/Rose responded to Chair/Owens that the major portion of revenue
comes from fees charged.
2.4 CIP PROGRAM REPORT — CSD/Rose
a. Batting Cages at Peterson and Pantera Parks — Bid opening was
held today with the top three bids at about $150,000. Award of
Contract is likely on either February 5 or February 19. Once
construction starts, the project is expected to be completed in 45
days.
b. Trail Access at Steep Canyon at Clear Creek Canyon and at the
Diamond Bar Center — Plans are with the Building & Safety
Department for plan check. The $140,000 Rivers and Mountains
Conservancy grant was extended to December 31, 2008 to allow
for completion of the project.
C. Sycamore Canyon Park Trail — Phase III — David Evans &
Associates is preparing the design. Plans were reviewed about a
week ago and a couple of design changes were proposed. The
completed plans are due back to staff next week.
d. Pantera Park Storage Pads — plans are approved by Building &
Safety and are ready to go out to bid by end of next week or end of
the following week.
3. OLD BUSINESS: None
4. NEW BUSINESS:
4.1 PROPOSED RULES FOR HIKING TRAILS
RS/Meyers presented staff's proposed trail rules for posting along the
trails in Diamond Bar and asked for Commission recommendation to the
City Council for approval.
C/Grundy suggested that verbiage be added to the last item to indicate
that hikers should pack out all refuse/trash. He asked if fines would be
imposed if hikers did not follow the rules and, if so, should they be
posted? CSD/Rose responded that there are fines. The first infraction is
$100, the second infraction within a year is $200 and the third infraction in
the same year is $500 and those could be posted.
JANUARY 24, 2008 PAGE 3 P&R COMMISSION
VC/Low asked for clarification of "respect personal property." CSD/Rose
explained that this verbiage is in response to requests from residents
living adjacent to the trails.
VC/Low suggested the following verbiage: "Do not trespass on private
property."
Phil Williams asked that the wording be expanded to include noise
consideration on the trails when hikers are in close proximity to private
property.
CSD/Rose suggested that staff edit the document to include
recommendations and bring it back to the Commission for consideration at
its next meeting.
5. ANNOUNCEMENTS:
C/Grundy asked staff to note his email and work number changes.
CSD/Rose responded to C/Liang with information about the City's graffiti removal
and prevention program.
VC/Low wished everyone a Happy New Year 2008.
Chair/Owens complimented staff on the rescheduled Snow Fest and said he was
pleased by the large number of participants. He also congratulated PIM/Roa on
the community calendar, a good marketing tool.
ADJOURNMENT: With no further business before the Parks & Recreation
Commission, Chair/Owens adjourned the meeting at 7:48 p.m.
Respectfully Submitted,
BOB ROSE, SECRETARY
Attest:
TED OWENS, CHAIRMAN
6.3
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING
FEBRUARY 14, 2008
CALL TO ORDER:
Chairman Shay called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Lin led the Pledge of Allegiance
ROLL CALL: Commissioners Kevin House, Jimmy Lin, Liana
Pincher, Vice Chairman Kenneth Mok and
Chairman Michael Shay
Also Present: David Liu, Public Works Director; Rick Yee, Senior
Engineer; and Marcy Hilario, Senior Administrative
Assistant.
APPROVAL OF MINUTES:
C/House referred to a question he asked at the previous month's meeting regarding
the requirements (if any) of the school district to consult with the City before building a
new school. He asked if the City has any say as to traffic patterns or parking spaces
that would impact the residents. PWD/Liu stated that we do not. The school district
works directly with the State of California Architecture's Office and commonly retains
a professional development team that performs traffic studies in regards to access
and circulation. With that said, whenever we learn of a proposal for a new school,
staff makes efforts to meet with the school district to discuss their concepts and make
suggestions. Again, the school district is not required to work with the City as a
typical private developer would.
C/House also asked if we have received any feedback from residents regarding the
Diamond Crest Lane/Emerald Lane Traffic Measures (Item VI — 1). PWD/Liu
responded that Tony Torng, resident, called to thank the City and staff for being
responsive.
Chair/Shay asked staff to update the Commission on the topic of Lorbeer Middle
School Access onto Diamond Bar Boulevard (Item VI — K). SE/Yee stated that staff
presented our concerns to our traffic engineer to address. A prior report was pulled
from the late 1990's, when a City-wide Traffic Safety Study for Schools was
conducted, to obtain background information as to why the restriction was
implemented.
FEBRUARY 14, 2008 PAGE 2 T&T COMMISSION
IV
V.
VI.
Staff is still in the process of investigating this item as there are long lead-times for
obtaining traffic accident histories. Once the information is received, staff will have a
better informed update to provide the Commission.
A. Minutes of the January 10, 2008 Regular Meeting.
VC/Mok moved, C/House seconded to approve the minutes of the January 10, 2008
meeting as presented. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
PUBLIC COMMENTS: None
ITEMS FROM STAFF:
Pincher, VC/Mok, Chair/Shay
None
Lin
None
A. Received and Filed Traffic Enforcement Update:
Citations: November and December 2007, January 2008
2. Collisions: November and December 2007, January 2008
3. Street Sweeping: November and December 2007, January 2008
Chair/Shay asked if there was more enforcement this year over last year
during the same period. PWD/Liu responded. VC/Mok asked if the street
sweeping program took place every weekday and PWD/Liu responded that the
street sweeping program is in effect every week during the months of
December and January. The rest of the months are on a bi-weekly sweep in
accordance with the program.
STATUS OF PREVIOUS ACTION ITEMS:
PWD/Liu referred the Commissioners to staff's report and indicated that the
homeowner's association had responded favorably to the City's efforts at the
intersection of Diamond Crest and Emerald Lane.
ITEMS FROM COMMISSIONERS: None Offered.
INFORMATIONAL ITEMS
A. ACE Grade Separation on Brea Canyon Road — SE/Yee reported that the
project continues to move forward with completion scheduled for Fall 2008.
The Washington Street/Brea Canyon Road closure took place the weekend of
February 2"'. Currently, there is no access to the Metrolink Station from the
south.
FEBRUARY 14, 2008 PAGE 3 T&T COMMISSION
B. Various Traffic Signal Improvements on Golden Springs Drive — SE/Yee
reported that the City is currently working on the final of three intersections at
Golden Springs Drive and Racquet Club Road. Underground work has been
completed. However, delays have occurred due to Edison's schedule.
C. NTMP/Sunset Crossing Road and Prospectors Road Traffic Calming
Improvements - SE/Yee reported that the final design of this project has been
delayed to the end of March due to a desire to consider water -saving
technology with the irrigation system.
D. Industry's Grand Avenue Bridge Widening/Interchange Project — PWD/Liu
stated that there was not a lot of movement on the project. However, the City
of Industry is promoting the project and desires to move forward as quickly as
possible. The City's position is that improvements to the location must fit into
the results of the SR57/60 Feasibility Study. PWD/Liu updated the
Commission on the feasibility study. Discussion ensued. C/Lin propounded
and PWD/Liu responded with aspects of the feasibility study proposals.
Chair/Shay propounded.
E. Lemon Avenue On/Off Ramps Project — PWD/Liu reported that the second
neighborhood meeting was held last night. Staff continues to collect
comments and prepare responses to move forward with the project.
F. SR57/60 Feasibility Study— PWD/Liu updated the Commission under Item D.
G. NTMP Pilot Project/Palomino Drive — SE/Yee reported that a proposal for the
cost of the design is being reviewed by staff and a presentation will be made to
City Council for approval during March.
H. Prospectors Road Rehab. Project — SE/Yee stated that the project is underway
with work on the northbound segment anticipated for completion by
Wednesday of next week for opening at which time the southbound lanes will
be closed for construction. Completion is anticipated for mid-March.
Diamond Crest Lane/Emerald Lane Traffic Measures — Update given during a
prior agenda item.
"Rocket Launcher" SCE Tower Relocation — SE/Yee stated that traffic control
plans were submitted and reviewed by staff. Corrections are required prior to
permit issuance for the substructure. Completion is anticipated by the end of
April.
K. Lorbeer Middle School Access onto Diamond Bar Boulevard — Item was
previously addressed during discussion of minutes.
FEBRUARY 14, 2008 PAGE 4 T&T COMMISSION
L. Diamond Bar Boulevard Red Curb Installation — SE/Yee reported that parking
is allowed during designated times between Cherrydale and Crooked Creek to
accommodate the church's parking needs. However, due to the line -of -sight
issue, the City's traffic engineer determined that it would be in the City's best
interest to red curb the entire segment between Cherrydale and Crooked
Creek and continue to allow permitted parking on Diamond Bar Boulevard
south of Cherrydale up to the northerly driveway of the church. Staff will take
this matter to Council for consideration on February 19tH
VII. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda.
ADJOURNMENT: There being no further business to come before the Traffic and
Transportation Commission, Chair/Shay adjourned the meeting at 7:50 p.m.
The foregoing minutes are hereby approved this* I4A, day of , 2008.
Respectfully,
Davi�L:iu- Secretary
Attest:
Agenda # 6.4
Meeting Date: April 15, 2008
CITY COUNCILTr. '
� AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: Ratification of Check Register dated March 27, 2008 through April 9, 2008
totaling $1,466,974.07.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $1,466,974.07 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated March 27, 2008 through April 9,
2008 for $1,466,974.07 is being presented for ratification. All payments have been
made in compliance with the City's purchasing policies and procedures. Payments
have been reviewed and approved by the appropriate departmental staff and the
attached Affidavit affirms that the check register has been audited and deemed accurate
by the Finance Director.
PREPARED BY:
Linda G. Magnuson
Finance Director
REVIEWED BY:
Financ D' ector
—M,
Ass is an City Manager
Attachments: Affidavit and Check Register — 03/27/08 through 04/09/08.
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated March 27, 2008 through April 8, 2008 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Description
Amount
General Fund
$1,011,804.60
Community Organization Support Fund
966.00
Prop A - Transit Fund
6,947.26
Int. Waste Mgt Fund
17,666.69
AB2766 - AQMD Fund
2,306.62
CDBG Fund
1,236.33
Capital Improvement Project Fund
426,046.57
$1,466,974.07
Signed:
Linda G. Magn s
Finance Director
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
Check Date
Check Number
Vendor Name
Transaction Description
1155516
Fund/ Dept
4/3/2008
4/3/2008
4/3/2008
4/3/2008
4/3/2008
08 -PP 07
PAYROLL TRANSFER
PAYROLL TRANSFER
PAYROLL TRANSFER
PAYROLL TRANSFER
PAYROLL TRANSFER
P/R TRANSFER-08/PP 07
P/R TRANSFER-08/PP 07
P/R TRANSFER-08/PP 07
P/R TRANSFER -08/13P 07
P/R TRANSFER -08/13P 07
1,236.33
118
125
001
112
115
3/27/2008
Acct #
Amount
Total Check Amount
1155516
10200
1,456.62
$161,43522
41400
10200
1,236.33
CHRISTOPHER MORALES INC
10200
145,632.36
3/27/2008
3/27/2008
79536
10200
5,997.11
JTRAFFIC MGMT-FEB 08
CITYWIDE TRAFFIC -FEB 08
10200
7,112.80
3/27/2008
79535
ADAPT CONSULTING INC
IPROMO ITEM -RECYCLED PNCLS
1155516
44000
1,588.73
$278.57
41400
278,57
3/27/2008
CHRISTOPHER MORALES INC
TRFFC SIGNAL-G/SPNG/R/CLB
2505510
3/27/2008
3/27/2008
79536
JADVANTEC CONSULTING ENGINEERS INC
ADVANTEC CONSULTING ENGINEERS INC
JTRAFFIC MGMT-FEB 08
CITYWIDE TRAFFIC -FEB 08
3/27/2008
79537
SOO HYUN AHN
RECREATION REFUND
$44.00
001
34780
44.00
3/27/2008
79538
AMERICOMP GROUP IMAGING
SUPPLIES -TONER
$636.51
0014070
45000
636.51
3/27/2008
79539
AMERITECH BUSINESS SYSTEMS
COPIER MAINT-FEB/MAR
$1,035.77
0014090
42100
1,035.77
3/27/2008
79540
APRIL I BATSON
REIMS -CPRS CONF
$235,48
0015350
42330
235.48
3/27/2008
79541
AMERICAN PUBLIC WORKS ASN
TRNG-P/WKS STAFF
$805.00
0015551
42340
805.00
3/27/2008
79542
BSN SPORTS CORP
SUPPLIES -RECREATION
0015340
$726.22
42210
726.22
3/27/2008
79543
CA PARK & RECREATION SOCIETY
MEMBERSHIP DUES
$270.00
0015350
42315
270.00
3/27/2008
79544
CA PARKS & REC SOC -DIS XIII
MEMBERSHIP MTG-STAFF
$120.00
0015350
42325
120.00
3/27/2008
3/27/2008
79545
ICARAHSOFT TECHNOLOGY CORP
CARAHSOFT TECHNOLOGY CORP
COMP MAINT RENEWAL-I.T.
USE TX PAYABLE
3/27/2008
79546
CDW GOVERNMENT INC.
COMP MAINT-I.T
0014070
$1,210.17
42205
1,210.17
0015510
44000
1,580.00
$3,168.73
0015510
44000
1,588.73
CHRISTOPHER MORALES INC
3/27/2008
=20710
CHRISTOPHER MORALES INC
$2,901.50
001
3/27/2008
-239.38
CHRISTOPHER MORALES INC
3/27/2008
79547
CHRISTOPHER MORALES INC
RETENTION PAYABLE
250
3/27/2008
CHRISTOPHER MORALES INC
TRFFC SIGNAL-G/SPNG/B/CYN
2505510
3/27/2008
CHRISTOPHER MORALES INC
TRFFC SIGNAL-G/SPNG/R/CLB
2505510
:R464
T2427
-4,470.90 $40,238.10
2,000.00
09.00
3/27/2008 79548 CITY OF SIGNAL HILL MEMBERSHIP DUES -FY 07/08 0015510 44240 1,250.00
$1,250.00
Page 1
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # I Amount Total Check Amount
3/27/2008
79549
COUNTY OF LOS ANGELES
$14,700.00
0015510
44000
3/27/2008
79550
D & J MUNICIPAL SERVICES INC
45000
10,891.20
$10,891.20
3/27/2008
79551
DAVID A DOYLE
0015310
0014030
42330
3/27/2008
79552
JDAY & NITE COPY CENTER
0014050
3/27/2008
79553
JAMES DESTEFANO
$952.60
3/27/2008
1 2
79554
DENNIS CAROL
IDENNIS CAROL
3/27/2008
79555
DIAMOND BAR COM. PRESCHOOL
3/27/2008
79556
DIAMOND BAR IMPROVEMENT ASSOCIATION
$8,109.15
3/27/2008
79557
IDIAMOND BAR MOBIL
41400
517.00
$517.00
3/27/2008
79558
DIEHL EVANS AND COMPANY LLP
0014090 1
42120
3/27/2008
79559 IDOUG
MARTIN CONTRACTING CO INC
3/27/2008
3/27/2008
3/27/2008
79560
EDAW INC
EDAW INC
EDAW INC
$308.51
3/27/2008
79561
EFFECTIVE PROMOTIONS
23002
50.00
$50.00
3/27/2008
79562 IFEDEX
1185098 1
44030 1
3/27/2008
79563
FOOTHILL BUILDING MATERIALS INC
3/27/2008
79564 INENA FOREMAN
3/27/2008
79565 IGOVPARTNER
ILA COUNTY- IMAGERY ACO
BLDG & SFTY SVCS -FEB 08
PER DIEM -CA GREEN SUMMIT
PRINT SVCS -COMM SVCS
REIMS -LEAGUE OF CA CONF
PROF.SVCS-SS/CC MTG
PROF.SVCS-T&T MTG
PK REFUND-PANTERA
ADS-EGGHUNT/STOFCITY MAR
FUEL -COMM SVCS
PROF.SVCS-AUDITING
RETENTION RELEASE
ADMIN FEE -FPL 2007-263
ADMIN FEE -FPL 2007-263
PROF.SVCS-FPL 2007-263
RECYCLING-COLORNG BKS
EXPRESS MAIL -GENERAL
SUPPLIES -SAND BAGS
'K REFUND-REAGAN
REQ PARTNER HOSTING -MAR
Page 2
0014070
I 46235 I
14,700.00
$14,700.00
0015510
44000
100
0014095
0015220
45000
10,891.20
$10,891.20
0015310
0014030
42330
190.00
$190.00
0014050
0015350
42110
952.601
$952.60
250
0014030
42330
111.001
$111.00
0014030
44000
250=00
0015510
44000
100
0014095
001
23002
50.00 $50.00
0014095
42115
900.00
$900.00
0015310
1 42310
346.30
$346.30
0014050
44010
1 800.00
$800.00
250
20300
57,398.49
$57,398.49
001
001
001
23010
34430
23010
1,459.65
-1,459.65
8,109.15
$8,109.15
1155516
41400
517.00
$517.00
0014090 1
42120
318.61
$318.61
0014440
41200
308.51
$308.51
001
23002
50.00
$50.00
1185098 1
44030 1
850.001
$850.00
3/27/2008
79572
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
LEGAL SVCS-P/WORKS
3/27/2008
JENKINS & HOGIN, LLP
LEGAL SVCS -GENERAL
3/27/2008
0014020
JENKINS & HOGIN, LLP
LEGAL SVCS -COM DEV
3/27/2008
Check Date
Check Number
Vendor Name
SUPPLIES-P/WORKS
Transaction Description
0014020
Fund/ Dept
Acct #
Amount
Total Check Amount
3/27/2008
3/27/2008
79566
GRAYBAR
GRAYBAR
KENS HARDWARE
MAINT-HERITAGE PK
MAINT-PETERSON PK
$232.41
0015554
41250
232.41
0015340
0015340
42210
42210
1,283.78
1,341.28
$2,625.06
KOA CORPORATION
KOA CORPORATION
KOA CORPORATION
TRFFC CALMING-NOWDEC
TRAFFIC CLAMING -JAN
NTMP ANALYSIS -PALOMINO DR
3/27/2008
3/27/2008
3/2712008
79567
HALL & FOREMAN, INC.
HALL & FOREMAN, INC.
HALL &FOREMAN, INC.
R46412
R46412
46412
PROF.SVCS-EN 06-543
ADMIN FEE -EN 06-543
ADMIN FEE -EN 06-543
3/27/2008
001
001
001
23012
23012
34650
SUPPLIES -RECREATION
871,74
217.94
-217.94
$871.74
$1,104.83
0015350
41200
1,104.83
3/27/2008
79568
KEVIN HOUSE
T & T COMM -FEB 08
79578
LAE ASSOCIATES INC
ENGINEERING SVCS -FEB 08
0015510
44100 145.00
$8,450.00
$45.00
45221
8,450.00
3/27/2008
79569
CHIEN FEN HUANG
FACILITY RENTAL -DBC
PROCEEDS -SNOW FEST
$400.00
001
36615
400.00
306.33
3/27/2008
79570 JINLAND
VALLEY HUMANE SOCIETY
ANIMAL CONTROL SVCS -APR
-------------
FACILITY REFUND -DBC
$7,966.67
0014431
45403 1
7,966.67
100 00
3/27/2008
79571 1INTERNATIONAL
SERVICES INC
ICROSSING GRD SVCS -JAN
$11,938.05
0014411 1
45410 11,938.05
3/27/2008
79572
JENKINS & HOGIN, LLP
LEGAL SVCS-P/WORKS
3/27/2008
JENKINS & HOGIN, LLP
LEGAL SVCS -GENERAL
3/27/2008
0014020
JENKINS & HOGIN, LLP
LEGAL SVCS -COM DEV
3/27/2008
JENKINS & HOGIN, LLP
LEGAL SVCS -SCRIBBLES
3/27/2008 1
79573
IMARYJOHNSON
0014020
44020
963.20
$7,234.00
001
0014020
44020
3,457.20
3/27/2008
0014020
44020
SUPPLIES-P/WORKS
1,513.60
0014020
44021
41200
1,300.00
3/27/2008 1
79573
IMARYJOHNSON
PK REFUND -PETERSON
$50.00
001
1 23002 1
50.00
3/27/2008
79574
K&V BLUEPRINT SERVICE INC.
SUPPLIES-P/WORKS
$100.73
0014090
41200
100.73
3/27/2008
79575
KENS HARDWARE
SUPPLIES -ROAD MAINT
$232.41
0015554
41250
232.41
3/27/2008
3/27/2008
3/2712008
79576
KOA CORPORATION
KOA CORPORATION
KOA CORPORATION
TRFFC CALMING-NOWDEC
TRAFFIC CLAMING -JAN
NTMP ANALYSIS -PALOMINO DR
$46,620.43
2505510
2505510
2505510
R46412
R46412
46412
27,519.90
10,465.00
8,635.53
3/27/2008
79577
KUSTOM IMPRINTS INCORP.
SUPPLIES -RECREATION
$1,104.83
0015350
41200
1,104.83
3/27/2008
79578
LAE ASSOCIATES INC
ENGINEERING SVCS -FEB 08
$8,450.00
10015510
45221
8,450.00
3/27/2008 1
79579
ILANTERMAN DEVELOPMENT CENTER/SAC
PROCEEDS -SNOW FEST
$306.33
0015350
45300
306.33
3/27/2008
79580
MARTHALEE FF
-------------
FACILITY REFUND -DBC
$100.00
001 I
23002
100 00
Page 3
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount
3/27/2008 79581 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 06-543 001 23012 907.21
3/27/2008 LEIGHTON & ASSOCIATES, INC. $907'21
ADMIN FEE -EN 06-543 001 23012 163.30
3/27/2008 LEIGHTON &ASSOCIATES, INC. ADMIN FEE -EN 06-543 001 34650 -163.30
3/27/2008
79582
LEWIS ENGRAVING INC.
ENGRAVING SVCS -BADGES
3/27/2008
LEWIS ENGRAVING INC.
ENGRAVING SVCS -PLAQUE
3/27/2008
1 44100 145.00
LEWIS ENGRAVING INC.
ENGRAVING SVCS -PLAQUE
3/27/2008
36.27
LEWIS ENGRAVING INC.
ENGRAVING SVCS -PLAQUE
3/27/2008
42113
LEWIS ENGRAVING INC.
ENGRAVING SVCS -BADGES
3/2712008
0014090
LEWIS ENGRAVING INC.
ENGRAVING SVCS -BADGES
3/27/2008
0014090
42113
39.51
$235.29
0015350
41200
43.84
1 44100 145.00
0014090
42113
36.27
3/27/2008
79584
0014090
42113
72.53
0014090
42113
13.64
8.00
0014090
42113
29.50
79585
IJIMMY LIN
3/27/2008
79583
LIANA PINCHER
T & T COMM -FEB O8
$45.00
0015510
1 44100 145.00
3/27/2008
79584
SHERI LIEBE
CONTRACT CLASS -WINTER
$678.00
0015350
1 45320 1
8.00
3/27/2008 1
79585
IJIMMY LIN
T & T COMM -FEB 08
$45.00
0015510
44100
45.00
3/27/2008
79586
LOS ANGELES COUNTY PUBLIC WORKS
TRAFFIC SIGNAL MAINT-JAN
$327.07
0015554
45507
327.07
3/27/2008
79587
ILOS ANGELES COUNTY PUBLIC WORKS
STORMWATER INFO PROGRAM
$2,000.00
0015510
44240
2,000.00
3/27/2008
3/27/2008
3/27/2008
3/27/2008
3/27/2008
3/27/2008
3/27/2008
3/27/2008
3/27/2008
3/27/2008
79588
LOS ANGELES COUNTY SHERIFF'S DEPT.
LOS ANGELES COUNTY SHERIFF'S DEPT.
LOS ANGELES COUNTY SHERIFF'S DEPT.
LOS ANGELES COUNTY SHERIFF'S DEPT.
LOS ANGELES COUNTY SHERIFF'S DEPT.
LOS ANGELES COUNTY SHERIFF'S DEPT.
LOS ANGELES COUNTY SHERIFF'S DEPT.
LOS ANGELES COUNTY SHERIFF'S DEPT.
LOS ANGELES COUNTY SHERIFF'S DEPT.
LOS ANGELES COUNTY SHERIFF'S DEPT.
SPCL EVENTS -H -MART
TRANSIT SVCS -FEB 08
BACKFILL TRNG-FEB 08
INVSTGTN - BURGLARY MAR
BACKFILL TRNG-JAN 08
INVSTGTN - BURGLARY
CALVARY CHAPEL -FEB 08
HELICOPTER SVCS -JAN
CONTRACT SVCS -FEB 08
STAR DEPUTY SVCS -FEB 08
$421,712.85
0014411
1125553
0014411
0014411
0014411
0014411
0014411
0014411
0014411
0014411
45402
45402
45402
45402
45402
45402
45402
45401
45401
45401
506.82
135.15
6,000.41
202.73
5,071.77
20,826.85
7,483.30
717.19
371,528.63
9,240.00
3/27/2008
79589
LOWE'S BUSINESS ACCOUNT
SUPPLIES -DBC
0015333
41200
6.77
$6.77
3/27!2008
79590
MAIN STREET TOURS
TRANS GRIFFITH OBSRVTRY
$815 00
1125350
45310
815.001
Page 4
Page 5
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct
#
Amount
Total Check Amount
3/27/2008
79591
MCE CORPORATION
SIDEWALK MAINT-FEB 08
0015554
45504
3/27/2008
MCE CORPORATION
RIGHT-OF-WAY MAINT-FEB 08
18,908.75
$30,938.24
3/27/2008
MCE CORPORATION
0015554
45522
2,967.33
3/27/2008
MCE CORPORATION
ROAD MAINT-FEB 08
0015554
45502
8,209.41
STORM DRAIN MAINT-FEB 08
0015554
45512
852.75
3!27/2008
79592
IMCMASTER CARR SUPPLY CO
SUPPLIES -DBC
0015333
41200
104,84
$104.84
3/27/2008
79593
IMERCURY DISPOSAL SYSTEMS INC
RECYCLING FEES-P/WKS
1155515
44000
509.54
$509.54
3/27/2008
79594
MINUTEMAN PRESS R & D BLUEPRINT
PRINT SVCS-P/WKS
0015510
42110
125.36
$125.36
3/27/2008
79595
IKENNETH MOK
T & T COMM -FEB 08
0015510 1
44100
45.00
$45.00
3/27/2008
79596
IMUNICIPAL CODE CORPORATION
MUNI CODE SUPPLEMENT
0014030
44000
5,529.87
$5,529.87
3/27/2008
79597
INEXTEL COMMUNICATIONS
CELL CHRGS-P/W,C/S,C/D
0014090
42130
522.63
$522.63
3/27/2008
79598
NORRIS REPKE INC
ROAD REHAB PRJ-PROSPCTRS
2505510
3/27/2008
NORRIS REPKE INC
SLURRY SEAL PRJ-AREA 2
46411
22,240.00
$56,705.00
3/27/2008
NORRIS REPKE INC
2505510
46411
10,455.00
3/27/2008
NORRIS REPKE INC
SLURRY SEAL PRJ-AREA 2
2505510
46411
3,760.00
ROAD REHAB PRJ-PROSPECTRS
2505510
46411
20,250.00
3/27/2008
79599
NUMARA SOFTWARE INC
COMP MAINT-RENEWAL
0014070
42205 1
4,327.50
$4,327.50
3/27/2008
79600
OLYMPIC STAFFING SERVICES
TEMP SVCS -WK 3/16
3127/2008
OLYMPIC STAFFING SERVICES
TEMP SVCS -WK 2/25
0015310
44000
:::�
$317.76
0015510
44000
3/27/2008
79601
CAMERON PATTON
OFFICIAL SVCS -03/08/08
0015350
3/27/2008
CAMERON PATTON
OFFICIAL SVCS -03/15/08
45300
672.00
$2,016.00
3/27/2008
CAMERON PATTON
0015350
45300
672.00
OFFICIAL SVCS -03/01/08
0015350
45300
672.00
3/27/2008
79602
PERS HEALTH
APR 08 -HEALTH ADM CHRG
0014060
40093
3/27/2008
PERS HEALTH
APR 08 -HEALTH INS PREMS
83.08
$26,759.83
3/27/2008
PERS HEALTH
0014090
40086
291.00
-----------------
APR 08 -HEALTH INS PREMS
001
21105
26,385.75
3/27/2008
79603
IPOMONA UNIFIED SCHOOL DISTRICT
n�
FACILITY RENTAL
-DEC -MAR
vii, iviArt
I 0015350
42140
1 19F nn
04 Inc
Page 5
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount
3/27/2008 79604 PRIORITY MAILING SYSTEMS INC POSTAGE METER UPDATE
0014090 41200 351.81 $351.81
3/27/2008
79605
R F DICKSON COMPANY
ST SWEEPING SVCS -FEB
3/27/2008
45501
R F DICKSON COMPANY
DEBRIS COMPOSTING -JAN
3/27/2008
45500
R F DICKSON COMPANY
DEBRIS COMPOSTING -FEB
3/27/2008 79606 REGIONAL CHAMBER OF COMMERCE CONTRACT SVCS -APR 08 0015240 45000 2,000.00
$2,000.00
3/2712008
79607
REPUBLIC ELECTRIC
$18,544.55
0015554
45501
REPUBLIC ELECTRIC
9,565.85
1155515
45500
REPUBLIC ELECTRIC
6,395.46
3/27/2008
42126
REPUBLIC ELECTRIC
1155515
45500
79612
2,583.24
TRAFFIC MAINT-FEB 08
0015510
0015554
3/27/2008 79606 REGIONAL CHAMBER OF COMMERCE CONTRACT SVCS -APR 08 0015240 45000 2,000.00
$2,000.00
3/2712008
79607
REPUBLIC ELECTRIC
TRAFFIC MAINT-FEB 08
3/27/2008
42140
REPUBLIC ELECTRIC
TRAFFIC MAINT-B/CYN/PTHFN
3/27/2008
0015554
REPUBLIC ELECTRIC
TRAFFIC MAINT-JAN
3/27/2008
42126
REPUBLIC ELECTRIC
TRAFFIC MAINT-JAN
3/27/2008
79612
REPUBLIC ELECTRIC
TRAFFIC MAINT-FEB 08
3/27/2008 79608 RJ NOBLE COMPANY ROAD REHAB PRJ-PRSPCTRS 2505510 46411 212,706.18
3/27/2008 RJ NOBLE COMPANY $191,435.55
RETENTION PAYABLE 250 20300 -21,270.63
3/27/2008 79609 HEATHER RODRIGUEZ PK REFUND-SYC CYN PK
3/27/2008 HEATHER RODRIGUEZ PK REFUND-SYC CYN PK
3/27/2008
79610
CINDY RUBALCAVA
0015554
45507
42140
7,649.42
$21,642.73
L3/27/2008
3/27/2008
0015554
45507
SUPPLIES -ROAD MAINT
SUPPLIES -ROAD MAINT
1,075.00
42126
397.69
0015554
45507
79612
3,284.32
PROF.SVCS-FPL 2007-273
ADMIN FEE -FPL 2007-273
ADMIN FEE -FPL 2007-273
0015510
0015554
45507
6,349.67
79613
MICHAEL SHAY
0015554
45507
79614
3,284.32
LEASE -CITY HALL APR
3/27/2008 79608 RJ NOBLE COMPANY ROAD REHAB PRJ-PRSPCTRS 2505510 46411 212,706.18
3/27/2008 RJ NOBLE COMPANY $191,435.55
RETENTION PAYABLE 250 20300 -21,270.63
3/27/2008 79609 HEATHER RODRIGUEZ PK REFUND-SYC CYN PK
3/27/2008 HEATHER RODRIGUEZ PK REFUND-SYC CYN PK
3/27/2008
79610
CINDY RUBALCAVA
PK REFUND PETERSON
0014090
42140
21,810.601
$21810.60
L3/27/2008
3/27/2008
79611
S C SIGNS & SUPPLIES LLC
S C SIGNS & SUPPLIES LLC
I3/27/2008
SUPPLIES -ROAD MAINT
SUPPLIES -ROAD MAINT
0015510
42126
397.69
$803.22
3/27/2008
3/27/2008
79612
SASAKI TRANSPORTATION SVCS.
SASAKI TRANSPORTATION SVCS.
SASAKI TRANSPORTATION SVCS.
PROF.SVCS-FPL 2007-273
ADMIN FEE -FPL 2007-273
ADMIN FEE -FPL 2007-273
0015510
42126
163.95
3/27/2008
79613
MICHAEL SHAY
T & T COMM FEB 08
3/27!2008
79614
SO COAST AIR QUALITY MGT DISTRICT
LEASE -CITY HALL APR
3/27/2008 79615 SOUTHERN CALIFORNIA EDISON
3/27/2008 SOUTHERN CALIFORNIA EDISON
3/27/2008 SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
ELECT SVCS -TRAFFIC CONTRL
ELECT SVCS -TRAFFIC CONTRL
Page 6
001 23002 001 I 23004 I 183 002 $183.32
001 I 23002 I 50.00 $50.00
0015554 41250 973.60 $1,688.05
0015554 41250 714.45
001 23010 1,479.00 $1,479.00
001 23010 266.22
001 34430 -266.22
0015510
I 44100
I 45.00
$45.00
0014090
42140
21,810.601
$21810.60
0015510
42126
397.69
$803.22
0015510
42126
241.58
0015510
42126
163.95
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
Check Date
Check Number
Vendor Name
Transaction Description
3/27/2008
79616
STANDARD INSURNCE OF OREGON
APR 08 -LIFE INS PREMS
3/27/2008
1 42205
STANDARD INSURNCE OF OREGON
APR 08-SUPP LIFE INS PREM
3/27/2008
41200
STANDARD INSURNCE OF OREGON
APR 08-STD/LTD
Fund/ Dept Acct 4 Amount Total Check Amount
001 21106 1,172.71 $2,809.18
001 21106 99.50
001 21112 1,536.97
3/27/2008
79617
SUNGARD PUBLIC SECTOR PENTAMATION
MAINT RENEWAL -FEB -JUN 08
0015350
SUPPLIES -DBC
3/27/2008
$195.24
1 0014070
1 42205
195.24
TRNG-MURPHEY
3/27/2008
41200
79,85
3/27/2008
79618
TELEPACIFIC COMMUNICATIONS
T1 INTERNET SVCS -MAR
0014030
US BANK
$525.13
0014070
44030
525.13
39.55
US BANK
0014030
MTG-RECREATION
3/27/2008
3/27/2008
3/27/2008
79619
THE COMDYN GROUP INC
THE COMDYN GROUP INC
THE COMDYN GROUP INC
US BANK
CONSULTING SVCS -WK 2/29
CONSULTING SVCS -WK 2/29
CONSULTING SVCS -WK 2/29
NATL LEAGUE CONF-MCLEAN
3/27/2008
42330
$4,975.24
US BANK
0014070
0014070
0014070
44000
44000
44000
655.20
2,776.29
1,543.75
US BANK
LEAGUE CM CONF-MCLEAN
3/27/2008 1
3/27/2008
79620
THE GAS COMPANY
THE GAS COMPANY
US BANK
GAS SVCS -HERITAGE PK
GAS SVCS -DBC
JOB ANNCMNT-H/R
3/27/2008
US BANK
7$2,039.24
0015340
0015333
42126
42126
234.75
1,804.49
US BANK
n en nI...-- ,..........
3/27/2008
79621
ITIME WARNER
MODEM SVCS -COUNCIL
$44.95
0014010
42130
44.95
3/27/2008
79622
ITRAFFIC CONTROL SERVICE INC
SUPPLIES -ROAD MAINT
$65.19
10015554
42200
65.19
3/27/2008
79623
TRANSCORE LLC
TRAFFIC MANAGEMENT -MAR
$33,279.00
2505510
46412
33,279.00
3/27/2008
79624
ITRG LAND INC
PROF.SVCS-SITE D PLAN0015240
$25,233.38
R44000
25,233.38
3/27/2008
79625
UNITED STATES POSTAL SERVICE
POSTAGE RENEWAL FEE
$350.00
0014095
42120
350.00
3/27/2008
79627
US BANK
Page 7
0015333
41200
283.67
$13,335.55
0015350
SUPPLIES -DBC
3/27/2008
0015350
US BANK
446.76
TRNG-MURPHEY
3/27/2008
41200
79,85
US BANK
0015350
EQ MAINT-COMM SVCS
3/27/2008
0014030
US BANK
540.00
SUPPLIES -RECREATION
3/27/2008
41200
39.55
US BANK
0014030
MTG-RECREATION
3/27/2008
0014060
US BANK
225.00
NATL LEAGUE CONF-MCLEAN
3/27/2008
42330
495.00
US BANK
0015510
SUPPLIES-MCLEAN
3/27/2008
US BANK
LEAGUE CM CONF-MCLEAN
3/27/2008
US BANK
JOB ANNCMNT-H/R
3/27/2008
US BANK
PWI SEMINAR -R YEE
3/27/2008
US BANK
n en nI...-- ,..........
Page 7
0015333
41200
283.67
$13,335.55
0015350
42340
99.00
0015350
42200
446.76
0015350
41200
79,85
0015350
42325
140.00
0014030
42340
540.00
0014030
41200
39.55
0014030
42340
450.78
0014060
42315
225.00
0015510
42330
495.00
0015510
42330
495.00
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
Check Date
Check Number
Vendor Name
Transaction Description
42210
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-LORBEER
0015340
3/27/2008
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-PETERSON PK
42210
SUPPLIES -CITY B/DAY CELEB3/27/2008
fufd/DeTptAcct
0015353
#
Amount
Total Check Amount
3/27/2008
79627...
USBANK
0015340
42210
US BANK
VALLEY CREST LANDSCAPE MAINT INC
LNDSCAPE MAINT-DBC
0015350
25563
$13,335.55.,.
3/27/2008
LNDSCAPE MAINT-PARKS
USBANK
SUPPLIES -CITY CLRK
0014030
40.76
0015340
3/27/2008
3/27/2008
US BANK
JOB ANNCMNT-H/R
0014065
400.00
VERIZON CALIFORNIA
3/27/2008
0014090
US BANK
TRNG-COMM DEV
0015210
42340
219.00
42125
3/27/2008
VERIZON CALIFORNIA
US BANK
APA CONF-G GUBMAN
0015210
42330
285.00
3/27/2008
42125
US BANK
SUPPLIES -COMM SVCS
0015350
41200
36.85
3/27/2008
US BANK
TRNG-E CHING
0015510
42340
339.00
3/27/2008
US BANK
COSTUMES -COMM SVCS
0015350
46250
3,735.14
3/27/2008
US BANK
SUPPLIES-I.T.
0014070
41200
852.53
3/27/2008
US BANK
MEMBERSHIP DUES-I.T.
0014070
42315
85.00
3/27/2008
US BANK
APA CONF-N FONG
0015210
42330
695.00
3/27/2008
US BANK
MTG SUPPLIES-P/WKS
0015510
42325
57.20
3/27/2008
US BANK
MTG SUPPLIES-I.T.
0014070
42325
233.76
3/27/2008
US BANK
COMP MAINT-I.T.
0014070
42205
123.97
3/27/2008
US BANK
COMP ANNL RENEWAL-I.T.
0014070
42205
2,000.00
3/27/2008
US BANK
SUPPLIES -COMM SVCS
0015340
42210
14.61
3/27/2008
US BANK
SUPPLIES -ROAD MAINT
0015554
41300
264,13
3/27/2008
US BANK
SUPPLIES -RECREATION
0015350
41200
210.33
3/27/2008
US BANK
MTG SUPPLIES -GENERAL
0014090
42325
128.66
3/27/2008
JUS
BANK
SUPPLIES-P/INFO
0014095
41200
40.54
SUPPLIES-P/INFO
0014095
42110
23.83
3/27/2008
79628
VALLEY C
3/2712008
REST LANDSCAPE MAINT INC
ADDL MAINT-PETERSON
0015340
42210
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-LORBEER
0015340
3/27/2008
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-PETERSON PK
42210
3/27/2008
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-PANTERA PK
0015340
42210
3/27/2008
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-SNOW FEST
0015340
42210
3/27/2008
VALLEY CREST LANDSCAPE MAINT INC
LNDSCAPE MAINT-DBC
0015350
45300
3/27/2008
VALLEY CREST LANDSCAPE MAINT INC
LNDSCAPE MAINT-PARKS
0015333
45300
0015340
45300
3/27/2008
79629 VERIZON CALIFORNIA
PH.SVCS-DATA MODEM
3/27/2008
VERIZON CALIFORNIA
PH.SVCS-DBC
0014090
42125
3/27/2008
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK
0015333
42125
3/27/2008
VERIZON CALIFORNIA
PH.SVCS-DIAL IN MODEM
0015340
42125
0014090
42125
Page 8
91
23,657.
68.
88.
71.
$30,954.74
$262.03
Page 9
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
Check Date
Transaction DescriptionJ�u�ndDept
Check Number
Vendor Name
Acct #
Amount
Total Check Amount
3/27/200879630
VERIZON WIRELESS -LA
WIRELESS CHGS-DESFORGES0014070
3/27/2008
VERIZON WIRELESS -LA
WIRELESS CHGS-AZIZ
42125
50.46
$228,28
3/27/2008
VERIZON WIRELESS -LA
CELL CHARGES-CMGR
0014070
42125
50.46
3/27/2008
VERIZON WIRELESS -LA
0014030
42125
83.03
3/27/2008
VERIZON WIRELESS -LA
CELL CHARGES-EOC
0014440
42125
44.19
CELL CHARGES-EOC
0014090
42125
0.14
3/27/2008
79631
IVISION INTERNET PROVIDERS INC
MONTHLY HOSTING -MAR
0014070
1 44030 1150.00
$150.00
3/27/2008 1
79632
IVISION SERVICE PLAN
IAPR 08 -VISION PREMIUMS
001
21107 11,198.18
$1,198.18
3/27/2008
79633
W.W. GRAINGER INC.
SUPPLIES -DBC
0015333
1 422101,764.53
$1,764.53
3/27/2008
79634
WELLDYNERX
SHARPS PROGRAM SVCS
3/27/2008
WELLDYNERX
1155515
44000
37.32
$270.08
3/27/2008
WELLDYNERX
SHARPS PROG SVCS
1155515
44000
63.48
3/27/2008
WELLDYNERX
SHARPS PROGRAM SVCS
1155515
44000
105.80
SHARPS PROGRAM SVCS
1155515
44000
63.48
3/27/2008
79635
IWELLS FARGO BANK
NAT LEAGUE CONF-COUNCIL
0014010
42330
1,226.44
$1,226.44
3/27/2008
79636
WELLS FARGO BANK
CONF-DOYLE
142330
3/27/2008
WELLS FARGO BANK
001: 131
157.97
$603.97
GREEN TECH CONF-DOYLE
0014030
42330
446.00
3/27/2008
79637
MARICRES WONG
FACILITY RENTAL -DBC
001
23002
100.00
$100.00
3/27/2008
79638
PAUL WRIGHT
A/V SVCS -P/C CIC MTG
0014090
44000
227.50
$227.50
4/3/2008
79639
JALBERTSONS
SUPPLIES -RECREATION
0015350
41200
8.48
$8.48
4/3/2008
79640
ARROYO GEOTECHNICAL CORP
SLOPE REPAIR -GOLDRUSH
2505510
46416
370.00
$370.00
2008
IAT & T
PH.SVCS-GENERAL
0014090
42125
24.48
$24.48
4/3/2008
79642
AT&T MOBILITY
CELL CHRGS-GENERAL
4/3/2008
AT&T MOBILITY
0014090
42125
8.53
$25.59
4/3/2008
AT&T MOBILITY
CELL CHRGS-GENERAL
0014090
42125
8.53
CELL CHRGS-GENERAL
0014090
42125
8.53
4/3/2008
79643
BENESYST
04/04/08 P/R DEDUCTIONS IONS
001 j
21105 1
702.48
$702..48
Page 9
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount
4/3/2008
4/3/2008
4/3/2008
4/3/2008
I 79644
79645
79646
ICM SCHOOL SUPPLY
COUNTRY GARDEN CATERERS INC
DAY &NITE COPY CENTER
DAY & NITE COPY CENTER
SUPPLIES -TINY TOTS
DECOR -STATE OF THE CITY
PRINT SVCS -STATE OF CITY
PRINT SVCS -COMM SVCS
0015350
001409544000
95
=0015350
42110
42110
1,756.36
1,862.02
40.05
$101.75
$1,756.36
$1,902.07
4/3/2008
79647
DELTA DENTAL
APR 08 -DENTAL PREMIUMS
11
001
21104
2,681.37
$2,681.37
4/3/2008
79648
DIAMOND BAR FRIENDS OF THE LIBRARY
MTG-COUNCIL
4/3/2008
DIAMOND BAR FRIENDS OF THE LIBRARY
MTG-COUNCIL
0014010
42325
0.00
$200.00
4/3/2008
DIAMOND BAR FRIENDS OF THE LIBRARY
MTG-COUNCIL
0014010
42325
:::50.00
0.00
4/3/2008
DIAMOND BAR FRIENDS OF THE LIBRARY
MTG-CMGR
0014010
42325
0014030
423250.00
4/3/2008
79649
DIAMOND BAR FRIENDS OF THE LIBRARY
COMM ORG FUND-W/SOIREE
0114010
42355
966.00
$966.00
4/3/2008
79650
DIAMOND BAR HILLS CLUB
FACILITY RENTAL -WINTER 08
0015350
1 42140
1,113.75
$1,113.75
4/3/2008
79651
DIAMOND BAR INTERNATIONAL DELI
MTG SUPPLIES-P&R COMM
4/3/2008
DIAMOND BAR INTERNATIONAL DELI
MTG SUPPLIES -COMM DEV
0015350
41200
45.00
$435.00
0014090
42325
390.00
4/3/2008
79652
DIRECT CONNECTION INCORP
PRINT SVCS -STATE OF CITY
0014095
42110
1,415.221
$1,415.22
4/3/2008
79653
EVERGREEN INTERIORS
PLANT SERVICE -DB LIBRARY
4/3/2008
EVERGREEN INTERIORS
PLANT SERVICE -DBC
0014090
42210
104.00
$629.20
4/3/2008
EVERGREEN INTERIORS
0015333
45300
171.60
4/3/2008
EVERGREEN INTERIORS
PLANT SERVICE -HERITAGE PK
0015333
45300
130.00
PLANT SERVICE -CITY HALL
0014090
42210
223.60
4/3/2008
79654
IFRA4CHISE TAX BOARD
SLRY ATTCHMT-4/4/08
001
21114
100.00
$100.00
4/3/2008
79655
FRAZEE INDUSTRIES
SUPPLIES -DBC
0015333
41200
146.14
$146.14
413/2008
79656
GRAND MOBIL
H MAINT-COM' M DEV
4/3/2008
GRAND MOBIL
E
0015230
42200
278.79
$281.80
H MAINT-COMM SVCS
0015310
42200
3.01
4/3/2008
79657
JINLAND VALLEY DAILY BULLETIND
Erni r
wr.� AD -FPL 2008-301
001
23010
226.25
$441.25
Page 10
Page 11
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
Transaction Description
Check Date
Check Number
Vendor Name
Fund/ Dept
Acct
#
A=215.00$441.2
4/3/2008
79657...
INLAND VALLEY DAILY BULLETIN
LEGAL AD -FPL 2008-311
001
23010
4/3/2008
7965
JKWANG HO LEE
PLNG COMM -FEB 08
0015210
1 44100
130.00
$130.00
4/3/2008
79659
LETTER PERFECT SIGNS
SIGNS -PARKS
0015340
42210
476.30
$476.30
4/3/2008
79660
ILEXISNEXIS MATTHEW BENDER
PUBLICATIONS -CA CODES
0014090
42320
38.68
$38.68
4/3/2008 1
79661
IMANAGED HEALTH NETWORK-------
APR OS -EAP PREMIUMS
_
001
21115
158.46
$158.46
4/3/2008
79662
MCE CORPORATION
MAINT-WINTER SNOW FEST
0015350
45300
20.00
$20.00
4/3/2008
79663
IMOBILE INDUSTRIAL SUPPLY INCORP
SUPPLIES -DBC
0015333
41200
8.00
$8.00
4/3/2008
79664
JOHN MOLINA
REFUND -CONCERT SHARE
001
34720
95.00
$95.00
4/3/2008
79665
ISTEVE G NELSON
PLNG COMM -FEB 08
0015210
44100
130.00
$130.00
4/3/2008
79666
1KATHLEEN ERIN NOLAN
JPLNG COMM -FEB 08
0015210
44100
130.00
$130.00
4/3/2008
79667
JPAETEC COMMUNICATIONS INC.
LONG DIST SVCS-MAR/APR
0014090
42125
815.43
$815.43
4/3/2008
79668
PERS RETIREMENT FUND
SURVIVOR BENEFIT
4/3/2008
PERS RETIREMENT FUND
RETIRE CONTRIB-EE
001
21109
48.36$24,396.99
4/3/2008
PERS RETIREMENT FUND
001
21109
9,516.5151
RETIRE CONTRIB-EER
001
21109
14,832.12
4/3/2008
79669
PRINCE SHANT CORP
FUEL-NGHBRHD IMP
4/3/2008
PRINCE SHANT CORP
001523Tj
310
328.27
$2,880.05
PRINCE SHANT CORP
FUEL -ROAD MAINT
001555304/3/2008
670.03
PRINCE SHANT CORP
FUEL -COMM SVCS
001531310
651.714/3/2008
SHANT CORP
FUEL-NGHBRHD IMP4/3/2008
0015230310
409.76PRINCE
4/3/2008
PRINCE SHANT CORP
FUEL -ROAD MAINT0015554310
675.11
FUEL -COMM SVCS
0015310 1
42310
145.17
4/3/2008
79670
PROTECTION ONE INC
ALARM SVCS -DBC
4/3/2008
PROTECTION ONE INC
ALARM
SVCS-SYC CYN PK
0015333
42210
52.50
$236.04
413/2008
PROTECTION ONE INC
0015340
42210
97.20
ALARM
SVCS -HERITAGE PK
0015340
42210
RA,14
Page 11
Page 12
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
4/3/2008
79671
REINBERGER PRINTWERKS
PRINT SVCS-BUS CARDS
0014095
44000
74.69
$74.69
4/3/2008
79672
JACK SHAH
PLNG COMM-FEB 08
0015210
44100
130.00
$130.00
4/3!2008
79673
SIGN CONTRACTORS INC
REPAIR SVCS-BANNERS
0015350
45300
282.61
$282.61
4/3/2008
79674
SIMPSON ADVERTISING INC
GRAPHIC DESIGN SVC APR 08
4/3/2008
SIMPSON ADVERTISING INC
GRAPHIC DESIGN SVC-MAR 08
0014095
44000
1,350.00
$1,625.00
0014095
44000
275.00
4/3/2008
79675
SPARKLETTS
4/3/2008
SPARKLETTS
SUPPLIES-WATER C/HALL
0014090
41200
181.58
$191.83
EQ RENTAL-C/HALL FEB
0014090
4213017
10.25
4/3/2008
79676
STATE DISBURSEMENT UNIT
SLRY ATTCHMT-BY0426064
001
21114
100.00
$100.00
4/3/2008
79677
STATE DISBURSEMENT UNIT
SLRY ATTCHMT-000932977
001
21114
404.78
$404.78
4/3/2008
79678
THE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD-PUBLIC HRG
4/3/2008
THE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD-FPL 2008-300
00
42115
358.84
$926.74
4/3/2008
THE SAN GABRIEL VALLEY NEWSPAPER GR
01
001
23010
181.46
4/3!2008
THE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL SVCS-FPL 2007-298
001
23010
192.24
LEGAL AD-FPL 2007-292
001
23010
194.20
4/3/2008
79679
TIME WARNER
MODEM SVCS-COUNCIL
0014010
42130
44.95
$44.95
4/3/2008
79680
TIME WARNER
INTERNET SVCS-HERITAGE PK
0015340
42126 1
116.01
$116.01
4/3/2008
79681
TOSHIBA BUSINESS SOLUTIONS INC
COPIER MAINT-DBC
0015333 1
42200
78.97
$78.97
4/3/2008
79682
TRIFYTT SPORTS
CONTRACT CLASS-WINTER
0015350
45320 1
429.00
$429.00
4/3/2008
79683
VANTAGEPOINT TRNSFR AGNTS-303248
04/04/08-P/R DEDUCTIONS
001
21108
28,509.98
$28,509.98
4/3/2008
79684
VERIZON CALIFORNIA
PH.SVCS-DBC
4/3/2008
VERIZON CALIFORNIA
0015333
42125
248.30
$425.44
4/3/2008
VERIZON CALIFORNIA
PH.SVCS-MAPLE
HILL
0015340
42125
88.57
PH.SVCS-REAGAN
0015340
42125
gg,57
4/3/2008
79685
WALNUT HILLS FIRE PROTECTION CO
EXTINGUISHER
SVCS-DBC
4/3/2008
WALNUT HILLS FIRE PROTECTION CO
EXTINGUISHER
SVCS-EOC
0015333
42210
104.24
$774.28
0014440
42200
223.34
Page 12
$1,466,974.07
Page 13
City of Diamond Bar - Check Register 03/27/08 thru 04/09/08
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
4/3!2008
4/3/2008
79685...
WALNUT HILLS FIRE PROTECTION CO
WALNUT HILLS FIRE PROTECTION CO
EXTINGUISHER SVCS -PARKS
EXTINGUISHER SVCS-CNEH
0015340
0014090
42210
42200
223.35
223.35
$774 28
4/3/2008
79686
IWEBSTER CONSTRUCTION
REFUND -BLDG PERMIT
001
34300
102.43
$102.43
4/3/2008
4/3/2008
4/3/2008
79687
WELLS FARGO BANK
WELLS FARGO BANK
WELLS FARGO BANK
DEMOGRAPHIC SHOTS -DB
SUPPLIES-CMGR
NAT LEAGUE CONF-CMGR
0015240
0014030
0014030
44000
41200
42330
594.00
28.83
1,609.75
$2,232.58
4/3/2008
79688
YI TONY TORNG
PLNG COMM -FEB 08
$130.00
0015210
44100 1130.00
4/9/2008
4/9/2008
4/9/2008
4/9/2008
4/9/2008
4/9/2008
79689
CALIFORNIA CONTRACT CITIES ASSOC.
CALIFORNIA CONTRACT CITIES ASSOC.
CALIFORNIA CONTRACT CITIES ASSOC.
CALIFORNIA CONTRACT CITIES ASSOC.
CALIFORNIA CONTRACT CITIES ASSOC.
CALIFORNIA CONTRACT CITIES ASSOC.
CCCA SEMINAR-CMGR
CCCA SEMINAR -HALM
CCCA SEMINAR -COUNCIL
CCCA SEMINAR -COUNCIL
CCCA SEMINAR -COUNCIL
CCCA SEMINAR -ACM DOYLE
$2,800.00
0014030
0014411
0014010
0014010
0014010
0014030
42330
42330
42330
42330
42330
42330
300.00
550.00
550.00
550.00
550.00
300.00
4/3!2008
4/3/2008
UNION
UNION BANK OF CALIFORNIA
UNION BANK OF CALIFORNIA
QTRLY LOC FEES -DEC -MAR 08
QTRLY LOC FEES -DEC -MAR OS
0014090
0014090
42129
42129
16,977.78
16,977.78
$0.00
3/31/2008
W/T00046
JUNION BANK OF CALIFORNIA NA
ILEASE rwnAnir PR 08 Dow
vv v
I 0074090
42140
F m 49 R5
te0 7"
$1,466,974.07
Page 13
Agenda # 6.5
Meeting Date: April 15 2008
CITY� �w 1 � • .`moi s.7�.,.r,
COUNCILAGENDA REPORT
TO: Honorable Mayor and Memb s f the City Council
�eVIA: James DeStefano, City Ma
TITLE: APPROVAL OF AN AMENDME TO THE LICENSE AGREEMENT
WITH LOS ANGELES SMSA PARTNERSHIP, DOING BUSINESS AS
VERIZON WIRELESS TO CONSTRUCT A WIRELESS
COMMUNICATIONS SITE AT SUMMITRIDGE PARK
RECOMMENDATION:
Approve.
FISCAL IMPACT:
The City will collect a $2,000 monthly fee from the licensee.
BACKGROUND / DISCUSSION:
In 2006, the City Council approved a license agreement with Los Angeles SMSA
Partnership, doing business as Verizon Wireless (Verizon) to construct a wireless
communications/cellular site at Summitridge Park. After many delays, Verizon is
currently proceeding through the planning review process. As part of this process, the
City's professional planning staff thoroughly reviews the construction documents and
site plans to ensure they are crafted in the best possible way.
As this review has progressed, the plans initially submitted by Verizon with the 2006
license agreement have been modified and improved at the request of our planning
staff. Improvements include conditions for appropriate landscaping and irrigation of the
site. To formally reflect these changes, Verizon's legal team has requested an
amendment be approved and added to the license agreement The amendment has
been reviewed and approved by the City Attorney.
Prepared, tby:
Ryan clean, Assistant to the City Manager
Attachments: 1. Amendment to License Agreement
CITY COUNCIL
Agenda # 6.6
Meeting Date: 4115108
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma a
gT
TITLE: AWARD OF CONTRACT TO MA LOCK ASSOCIATES, INC. FOR SYCAMORE
CANYON PARK AMERICANS WITH DISABILITIES ACT (ADA) DESIGN — PHASE IV — IN THE
AMOUNT OF $50,000.
RECOMMENDATION: Award Contract.
FINANCIAL IMPACT: $50,000 of CDBG funds are included in the 2007/08 FY budget for this
project.
BACKGROUND: Due to federal requirements for City parks to be accessible to the disabled, City
staff has been constructing Americans with Disabilities Act (ADA) improvements at all the parks over
the past 15 years. The building at Sycamore Canyon Park is the next facility scheduled to receive
ADA improvements. To complete this work, staff needs to contract with a consultant team that
possesses the expertise to do these specialized tasks. These tasks include architectural review,
topographical survey, and structural / mechanical / electrical engineering. To advertise for such a
consultant team, staff released a Request for Proposals (RFP) on January 8, 2008. The RFP was
mailed to a list of over 25 qualified firms and advertised in a consultant finders newsletter. Seven (7)
firms submitted proposals on the February 26, 2008 deadline. Staff reviewed the seven proposals
received, then interviewed, and rated the four project teams deemed most qualified. Following the
four interviews, staff determined that Matlock Associates, Inc. is the most qualified firm to complete
this design project. They have over 30 years of experience in architecture service, and have designed
ADA retro -fit projects for the past 15 years. They have recently completed projects of similar scope in
Costa Mesa, Upland and Pomona.
DISCUSSION: The type of improvements staff is anticipating for the building at Sycamore
Canyon Park include:
• New design of rest room facilities to meet ADA requirements
• Consideration for increase in number of stalls, especially in women's restroom
• Accessibility of drinking fountains currently attached to building
• Review of office and storage room space for better utilization and accessibility
The design work for this project will be completed during the coming summer and construction should
be done during the fall/winter of 2008/09.
Director of Community Services
Attachment: Consulting Services Agreement
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of April 15, 2008 by and between the City of Diamond Bar, a
municipal corporation ("City") and Thomas G. Matlock Associates 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 the City's Request for Proposals.
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 February
26, 2008 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 April 15, 2008 and shall continue
until June 30. 2010 unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for services 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 $50,000.
4.
provisions
control.
5.
General Terms and Conditions. In the event of any inconsistency between the
of this Agreement and Consultant's proposal, the provisions of this Agreement shall
Addresses.
City: James DeStefano
City Manager
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-4178
6. Status as Independent Consultant.
Consultant: Thomas G. Matlock
President
Matlock Associates, Inc.
1614 E. Holt Blvd. Suite 106
Ontario, CA 91761
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 Federal 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 perform all work at the standard of care
and skill ordinarily exercised by members of the profession under similar conditions.
B. Indemnification. Consultant agrees to indemnify the City, its officers, agents,
volunteers, and employees 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 negligent or wrongful acts, errors or omissions of Consultant, its
agents, employees, subconsultants, or invitees, including each person or entity responsible for the
provision of services hereunder. Consultant has no responsibility to hold above mentioned parties
harmless for their sole negligence.
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 authorized 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 liability
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 claim; and
(5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by
law, whichever is greater. City, its officers, employees, and volunteers shall be named as additional
insureds on the policy (ies) as to comprehensive general liability, property damage, and automotive
liability. The policy (ies) 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 canceled,
(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, except 10 days for non-
payment of premium. Consultant agrees that it will not cancel, reduce or otherwise modify the
insurance coverage as to the minimum coverage's specified above.
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 authorized 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. Additional Insured
Endorsements shall be executed in a manner acceptable to both parties.
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. The City acknowledges such documents are instruments of Consultant's
professional services. The City agrees to indemnify, defend and hold Consultant harmless from and
against any claims, costs, losses and damages as a result of the City's misuse or reuse of such
drawings, specifications whether in print or in electronic form.
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.
D. Executive Order 11246 requires that during the performance of this Agreement,
CONSULTANT agrees not to discriminate against any employee or applicant for employment
because of race, religion, sex, color or national origin. CONSULTANT will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited
to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. CONSULTANT agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided
by the CONSULTANT setting forth the provisions of this nondiscrimination clause.
E. Section 3 of the Housing and Community Development Act of 1968, as
amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for
training and employment be given to lower income residents of the project area and contracts for
work in connection with the project be awarded to business concerns which are located in or owned
in substantial part by persons residing in the area of the project.
16. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of
race, color or national origin, be excluded from participation in, be denied the benefits of, or be
subject to discrimination under any program or activity receiving federal financial assistance.
17. Section 109, Title I of the Housing and Community Development Act of 1974
provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program of
activity funded in whole or in part with funds made available under this title.
18. Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as
provided in Section 504 of the Rehabilitation Act of 1973, shall also apply.
19. 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.
20. 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.
21. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances,
codes and regulations of the federal, state, and local governments.
22. 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.
23. 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.
24. 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 writing pursuant to the
provisions of this section.
25. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
26. 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.
27. County Lobbying Certification.
The Consultant certifies that:
(1) It is understood that each person/entity/firm who applies for a Community
Development Commission contract, and as part of that process, shall certify that they are familiar with
the requirements of Los Angeles County Chapter 2.160, (Los Angeles County Ordinance 93-0031)
and;
(2) That all persons/entities/firms acting on behalf of the above named firm have and
will comply with the County Code, and;
(3) That any person/entity/firm who seeks a contract with Community Development
Commission shall be disqualified there from and denied the contract and, shall be liable in civil action,
if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the
above named firm fails to comply with the provisions of the County Code.
28. Federal Lobbying Certification.
The Consultant certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the Consultant, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an making of any cooperative
agreement, and the extension, continuation renewal, amendment, or modification of any Federal
contract, grant, loan or cooperative agreement.
FROM :MATLOCK ASSOCIATES HO FAX NO. :9099036600 Apr. 09 2000 04:11PM P2
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing ar attempting to influence an officer or employee of an agency,
Member
Of Congress, an officer of employee of employee of an Y
with this Federal contract, YreemeY. Member of Congress in connection
submit Standard Form -LLL, "Disclosures Ivo RrA'obb nonsuitant shall complete and
instructions. y g , in accordance with its
(3) The Consultant shall require that the language of this certification be included in
Oil subcontracts and that all subconsultants shall certify and disclose accordingly,
29. Records and Audits. The Consultant shall maintain accounts and records, including
personnel, property and financial records, adequate to identify and account for all Costs pertaining to
this, Agreement and such other records as may be deemed necessary by the City to proper
accounting for all project funds, both federal and non-federal shares. These records will assure abe goer
available for audit purposes to the City or any authorized representative, and will be retained four
Years after the expiration of this Agreement unless permission to destroy them is granted by the City -
30. Entine Agreement. This Agreement, and any other documents ince
specific reference, represent the entire and int rated ant and herein by
eg 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, ex
signed b the expressly Ag except in a writing
9 Y parties which a ressl refers to this reement. Amendments on behatl of the City
will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk
31. Exhibits_ All exhibits referred to in this Agreement are incorporated herein by this
reference.
written above. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
"City"
ATTEST:
By:
Tommye Cribbins, City Clerk
Approved as to form:
By:
City Attorney
CITY OF DIAMOND BAR
By:
.lack Tanaka, Mayor
"CONSULTANT"
M,ATLOCK AS OCIATES, INC.
B�
P deaf
Its:
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity (ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The ("Public Agency"), its
elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the
above named additional insureds are hereafter referred to as the "Additional Insureds") under the
Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon
to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the
Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall
covered as third -party claims, i.e., in the same manner as if separate policies had been issued to
each insured. Nothing contained in this provision shall operate to increase or replicate the
Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the
Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed
in conjunction with the written agreement(s) or permit(s) designated above, between the Named
Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-
renewal except after written notice to Public Agency, by certified mail, return receipt requested, not
less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to
comply with this notice provision, the policy as initially drafted will continue in full force and effect until
compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out
of or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,
concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
10. Except as stated above and not in conflict with this endorsement, nothing contained
herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy
to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROMITO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
Contractual Liability
Owners/Landlords/Tenants
Manufacturers/Contractors
Products/Completed Operations
❑ Broad Form Property Damage
❑ Extended Bodily Injury
❑ Explosion Hazard
❑ Collapse Hazard
❑ Underground Property Damage
❑ Pollution Liability
❑ Liquor Liability
❑ Broad Form Comprehensive ❑
l General Liability Endorsement ❑
12. A ❑ deductible or ❑ self-insured retention (check one) of $
coverage(s) except:
applies to all
(if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on at 12:01 A.M. and forms a part of
Policy Number
1, (print name), hereby declare
under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed
Phone No.: ( )
2008
Signature of Authorized Representative
(Original signature only; no facsimile signature or
initialed signature accepted)
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this
endorsement is attached (the "Policy") or in any endorsement now or hereafter attached
thereto, it is agreed as follows:
The
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and
volunteers are additional insureds (the above named additional insureds are hereafter
referred to as the "Additional Insureds") under the Policy in relation to those activities
described generally above with regard to operations performed by or on behalf of the
Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the
Policy shall be primary insurance, and no other insurance maintained by the Additional
Insureds shall be called upon to contribute with the insurance coverages provided by
the Policy.
3. Each insurance coverage under the Policy shall apply separately to each
Additional Insured against whom claim is made or suit is brought except with respect to
the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude
coverage of a claim by one insured under the policy against another insured under the
policy. All such claims shall covered as third -party claims, i.e., in the same manner as if
separate policies had been issued to each insured. Nothing contained in this provision
shall operate to increase or replicate the Company's limits of liability as provided under
the policy.
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
5. The insurance afforded by the Policy for contractual liability insurance
(subject to the terms, conditions and exclusions applicable to such insurance) includes
liability assumed by the Named Insured under the indemnification and/or hold harmless
provision(s) contained or executed in conjunction with the written agreement(s) or
permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to
cancellation, change in coverage, reduction of limits (except as the result of the
payment of claims), or non -renewal except after written notice to Public Agency, by
certified mail, return receipt requested, not less than thirty (30) days prior to the effective
date thereto. In the event of Company's failure to comply with this notice provision, the
policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against
the Additional Insureds, while acting within the scope of their duties, from all claims,
losses and liabilities arising out of or incident to the perils insured against in relation to
those activities described generally above with regard to operations performed by or on
behalf of the Named Insured regardless of any prior, concurrent, or subsequent active
or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to
and govern the validity, construction, interpretation, and enforcement of this contract of
insurance.
9. This endorsement and all notices given hereunder shall be sent to Public
Agency at:
10. Except as stated above and not in conflict with this endorsement, nothing
contained herein shall be held to waive, alter or extend any of the limits, agreements, or
exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet.
The following inclusions relate to the above coverages. Includes:
- Any Automobiles
ll All Owned Automobiles
Non -owned Automobiles
❑ Hired Automobiles
❑ Scheduled Automobiles
Garage Coverage
❑ Truckers Coverage
❑ Motor Carrier Act
❑ Bus Regulatory Reform Act
❑ Public Livery Coverage
❑
12. A F deductible or ❑ self-insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable
E. per claim or `i per occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on at 12:01 A.M. and forms a
part of Policy Number
1, (print name),
hereby declare under penalty of perjury under the laws of the State of California, that I
have the authority to bind the Company to this endorsement and that by my execution
hereof, I do so bind the Company.
Executed
Phone No.: ( )
2008
Signature of Authorized Representative
(Original signature only; no facsimile
signature or initialed signature
accepted)
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this
endorsement is attached (the "Policy") or in any endorsement now or hereafter attached
thereto, it is agreed as follows:
1. The
("Public Agency"), its elected officials, officers, attorneys, agents, employees, and
volunteers are additional insureds (the above named additional insureds are hereafter
referred to as the "Additional Insureds") under the Policy in relation to those activities
described generally above with regard to operations performed by or on behalf of the
Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the
Policy shall be primary insurance, and no other insurance maintained by the Additional
Insureds shall be called upon to contribute with the insurance coverages provided by
the Policy.
3. Each insurance coverage under the Policy shall apply separately to each
Additional Insured against whom claim is made or suit is brought except with respect to
the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude
coverage of a claim by one insured under the policy against another insured under the
policy. All such claims shall covered as third -party claims, i.e., in the same manner as if
separate policies had been issued to each insured. Nothing contained in this provision
shall operate to increase or replicate the Company's limits of liability as provided under
the policy.
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the
Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed
in conjunction with the written agreement(s) or permit(s) designated above, between the Named
Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-
renewal except after written notice to Public Agency, by certified mail, return receipt requested, not
less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to
comply with this notice provision, the policy as initially drafted will continue in full force and effect until
compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out
of or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,
concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
10. Except as stated above and not in conflict with this endorsement, nothing contained
herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy
to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
Following Form
Umbrella Liability
11. Applicable underlying coverages:
INSURANCE COMPANY
POLICY NO.
AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the
above coverages:
13. A ❑ deductible or ❑ self-insured retention (check one) of $
coverage(s) except:
state). The deductible is applicable ❑ per claim or a per occurrence (check one).
14. This is an ❑ occurrence or ❑ claims made policy (check one).
15. This endorsement is effective on
Number
applies to all
if none, so
at 12:01 A.M. and forms a part of Policy
1, (print name), hereby declare
under penalty of perjury under the laws of the State of California, that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed
Phone No.:( )
m
Signature of Authorized Representative
(Original signature only; no facsimile signature or
initialed signature accepted)
Sycamore Canyon Park
A.D.A. Retro -Fit — Phase IV
Design Work for Park Building
(Proposals submitted 2/26/08)
* Firm recommended by staff for award of contract.
Estimated Fee
Company Name
Base Fee
for Reimbursables
Total
The Neiman Group
$79,143
$8,000
$87,143
Meyer & Associates
$64,975
$600
$65,575
David Evans & Associates
$59,140
$1,183
$60,323
The Albert Group
$47,910
$3,640
$51,550
Matlock & Associates*
$46,200
$3,800
$50,000
Amir Amirfar & Associates
$41,626
$7,346
$48,972
Crane Architectural Group
$32,300
$2,500
$34,800
* Firm recommended by staff for award of contract.
Agenda # 6.7
Meeting Date :April 15, 2008
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: AWARD ENGINEERING SERVI ES CONTRACT TO (a.) NORRIS
REPKE, INC., (b.) HALL AND FOREMAN, INC., AND (c) DMS
CONSULTANTS, INC. FOR PLAN CHECK AND INSPECTION
SERVICES OF UTILITY INSTALLATIONS RELATED TO THE VERIZON
FIBER TO THE PREMISES PROJECT.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
Funding for these services will be provided through a deposit account established by
Verizon. Verizon will be funding 100% of all City required inspection and plan check
services related to the subject project. Additionally, the City will receive a 10%
administrative fee, paid by Verizon, to cover City staff time needed to facilitate these
services.
BACKGROUND/DISCUSSION:
To supplement the City's professional capabilities, consultant plan check and inspection
services are required on a limited term basis to meet the schedule requirements of a
City wide fiber optic network that is being proposed by Verizon. This fiber optic network
(or Fiber to the Premises — FTTP) involves installation of fiber optic cables and conduits
to every residence in the city. The project is expected to begin towards the end of April
2008 and will continue through December 2010.
Based upon the schedule, a number of work order areas will be in progress at the same
time. Each work order consists of network installations to approximately 400 homes.
Since the cable and conduit installation will be located underground within the street,
sidewalk, or parkway areas, inspection services are necessary to ensure that these
facilities and any affected landscaping are properly restored. The FTTP project will also
involve the installation of above ground equipment cabinets that necessitate plan check
services to ensure that these cabinets are placed without impacting the line of sight for
vehicular travel and the minimum clearances to comply with the Americans with
Disabilities Act (ADA).
In order to provide adequate inspection coverage, it is beneficial to retain multiple firms
that can provide these services. Since the pace of the project is expected to require
approximately one full time inspector for every 4 work orders, it is important to have
availability from different firms. Staff will establish coordination meetings on a regular
basis to ensure that all of the consultant staff is informed and that a consistent approach
is maintained. All three of the firms have familiarity and experience with Diamond Bar's
policies and engineering standards. Therefore, it is beneficial to utilize these firms for
plan check and inspection services.
PREPARED BY:
Rick Yee, Senior Engineer Date Prepared: April 8, 2008
REVIEWE
David GJVu, Director of Public Works
Attachments: Contracts
2
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of April 15, 2008, by and between the City of
Diamond Bar, a municipal corporation ("City") and Norris Repke, Inc. , ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City.
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 "A" the Consultant's
Proposal, dated March 27, 2008.
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 "A."
2. Term of Agreement. This Contract shall take effect April 15. 2008, and
remain in effect 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 "A". Payment will be made only after submission of proper invoices in
the form specified by City.
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: James DeStefano, City Manager Consultant: Kamran Saber, PE
City of Diamond Bar Norris Repke, Inc.
21825 Copley Drive 400 N. Tustin Ave, Ste 230
Diamond Bar, CA 91765-4178 Santa Ana, CA 92705
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 Federal 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 perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant agrees to indemnify 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 liability
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 greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policy(ies) 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 writing 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: By:
Tommye Cribbins, City Clerk
Approved as to form:
By:
City Attorney
"CONSULTANT"
By:
Its:
Jack Tanaka, Mayor
9
_ Engineers & Land Surveyors
_REPf.
March 27, 2008
f
Mr. Rick Yee, PE
Senior Civil Engineer
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765 P4082 -R1
Subject: City of Diamond Bar Diamond Bar -Temporary Staffing for Public
Works Inspection Services and Plan Checking for Verizon Fiber
Optic Project
Dear Mr. Yee:
We are pleased to submit this proposal and are excited about the opportunity to
be a part of the City of Diamond Bar Public Works Department again. We look
forward to serving the City with exceptional quality service and hope to ultimately
become your consultant of choice.
Scope of Project:
Fiber optic cable and conduit is proposed for the entire City (excluding some
portions such as the Gateway Corporate Center and the Country). The conduit
will be installed primarily by directional boring and be located underneath the
sidewalk. The majority of the work will occur in residential neighborhoods, as the
goal of the project is to bring fiber optic service directly to each residential
property owner.
The work is anticipated to begin in April 2008 and will extend until approximately
December 2009. Verizon will have their own inspectors on-site to observe the
underground cable and conduit installation, but the City is looking for inspection
services to ensure the public RAN is protected and restored properly. The City
anticipates that Verizon will work on up to 15 permits at any one time, which
would require inspection services of possibly 4 to 5 inspectors. Each inspector
would be responsible for up to 5 permits. Each permit would involve service to
approximately 400 homes. The inspector will also be required to interface with
the City and Verizon representatives on a regular basis. Plan checking services
will also be rendered as a part of this project that will be done by our in-house
staff.
Norris-Repke proposes Mr. Mark Moreno as the inspector for this project. Mr.
Moreno who has over 12 years of experience in the civil engineering industry
(design and field construction and especially utility installation). In addition, I'll be
personally assisting him in resolving more complex issues at no extra cost to the
TEL: 714-973-2230 FAX: 714-973-2263 WWW: www.norrisrepke.com
400 North Tustin Avenue, Suite 230, Santa Ana, CA 92705
Mr. Rick Yee P -4082-R1
March 27, 2008
Inspection & Plan checking Services -Verizon
City, should such problems arise during his tenure with the City within his
assigned areas.
Fees:
Norris-Repke proposes to provide the required services for the fixed hourly rate
of $95/hour, which is $5/hour less than our Standard 2007 rates and includes
reimbursable expenses. For plan checking services the proposed fixed hourly
rate is $100/hour for various categories of plan checking.
Fees will be invoiced monthly based on actual time spent in furnishing authorized
services during the preceding calendar month.
Mr. Yee, thank you for providing us with this opportunity to be of service to the
City. We have a sincere desire to provide quality services to you and your staff,
and look forward to working with you towards achieving your goals for the City of
Diamond Bar.
If you would like to discuss this proposal further or have any questions, please do
not hesitate to contact me at 714-973-2230 x112.
Kamran Saber, PE
Principal
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of April 15, 2008, by and between the City of
Diamond Bar, a municipal corporation ("City") and Hall and Foreman. Inc. ,
("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City.
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:
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 "A" the Consultant's
Proposal, dated April 9, 2008.
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 "A."
2. Term of Agreement. This Contract shall take effect April 15. 2008, and
remain in effect 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 "A". Payment will be made only after submission of proper invoices in
the form specified by City.
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.
Com: James DeStefano, City Manager Consultant: Jon Bourgeois, PE
City of Diamond Bar Hall & Foreman, Inc.
21825 Copley Drive 9130 Anaheim PI, Ste 120
Diamond Bar, CA 91765-4178 Rancho Cucamonga, CA 91730
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 Federal 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 perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant agrees to indemnify 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 liability
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 greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policy(ies) 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 writing 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: By:
Tommye Cribbins, City Clerk
Approved as to form:
City Attorney
"CONSULTANT"
By:
Its:
Jack Tanaka, Mayor
April 9, 2008
Mr. Rick Yee, P. E.
Senior Engineer
City of Diamond Bar
Public Works/Engineering Department
21825 Copley Drive
Diamond Bar, CA 91765
Re: Public Works Inspection and Plan Checking Services for the Verizon Fiber Optic
Installation Project
Mr. Yee:
Hall & Foreman, Inc. (HFI) hereby proposes to provide professional public works inspection services for
the City of Diamond Bar for the hourly fee of $95 for the Lead Inspector and $85 for the Assistant
Inspector. For plan checking of the construction/site plans, HFI will provide services at an hourly rate of
$100. We have provided a Scope of Work that outlines the plan checking issues and the Inspector's role
for inspection and reporting methods for each construction project.
James Moreno will be HFI's Lead Inspector and Plan Checker with Jason Wolf as our Assistant Inspector.
Their detailed resumes are included for your review. Mr. Moreno will be onsite for the duration of each
permitted construction area. Should the work require covering overlapping permitted work, Mr. Wolf will
be available to assist Mr. Moreno during those timeframes. Mr. Moreno and Mr. Wolf's contact
information is as follows:
James Moreno
Lead Inspector
9130 Anaheim Place, Suite 120
Rancho Cucamonga, CA 91730
Phone: 909.919.7865, Fax: 909.919.7801, E-mail: jmorenoCa-thfinc.com
Jason Wolf
Assistant Inspector
9130 Anaheim Place, Suite 120
Rancho Cucamonga, CA 91730
Phone: 909.919.7852, Fax: 909.919.7801, E-mail: iwolf(&hfinc.com
We look forward to continuing inspection work with the City of Diamond Bar. I will follow-up with you
shortly regarding this proposal and our services. Should you need any further information, please contact
me directly at 909.919.7860.
Sincerely,
Hall & Foreman, Inc.
pftl\--
JonBourgeois, P.E.
Pre dent/Principal
-1-
SCHEDULE OF HOURLY BILLING RATES
OFFICE:
Principal
$195.00/Hour
Project Management (VP/Sr. Proj. Dir./Proj. Dir./Proj. & Survey Mgr)
$165.00/Hour
Senior Engr./Proj. Eng./Proj. Surveyor/Sr. Designer/Principal Planner
$135.00/Hour
Staff Engineer
$115.00/Hour
Plan Checker
$100.00/Hour
Designer/Assist. Proj. Mgr/Planner/Survey Analyst
$105.00/Hour
Drafter/CADD Technician/Senior Analyst
$ 95.00/Hour
Project Assistant/Expeditor/Assist. Engineer
$ 80.00/Hour
Administrative
$ 65.00/Hour
Expert Witness/ Litigation Consultation
$300.00/Hour
FIELD SURVEY:
3 -Person Survey Crew
$245.00/Hour
2 -Person Survey Crew
$200.00/Hour
1 -Person Survey Crew
$150.00/Hour
2 -Person High Definition Survey Crew
$360.00/Hour
CONSTRUCTION:
Resident Engineer
$115.00/Hour
Inspector
$95.00/Hour
Assistant Inspector
$85.00/Hour
Note 1: Client shall pay the cost, plus 15%, for any applicable governmental fees, title company
charges, well monuments, outside vendor reproduction costs, in-house reproduction cost, plotting costs,
mileage, and delivery or messenger services incurred on Client's behalf. If requested, HFI will provide a
computer printout, which details these costs. HFI does not typically provide any additional back up for
these generally nominal expenses as part of our fee.
Note 2: In the event Consultant's fee schedule changes due to any increase of costs such as the
granting of wage increases and/or other employee benefits to field or office employees due to the terms
of any labor agreement, or increase in the cost of living, during the lifetime of this agreement, a
percentage increase shall be applied to all remaining fees and charges to reflect the increased costs.
Note 3: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use
tax is imposed by local, state, or federal authority, upon the services rendered hereunder, such sales
and/or use tax shall be in addition to said fee herein, and shall be the full responsibility of the Client.
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of April 15, 2008, by and between the City of
Diamond Bar, a municipal corporation ("City") and DMS Consultants. Inc. ,
("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City.
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 "A" the Consultant's
Proposal, dated March 18, 2008.
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 "A."
2. Term of Agreement. This Contract shall take effect April 15. 2008, and
remain in effect 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 "A". Payment will be made only after submission of proper invoices in
the form specified by City.
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.
Com: James DeStefano, City Manager Consultant: Surender Dewan, PE
City of Diamond Bar DMS Consultants, Inc.
21825 Copley Drive 12377 Lewis Street, Ste 101
Diamond Bar, CA 91765-4178 Garden Grove, CA 92840
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 Federal 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 perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant agrees to indemnify 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 liability
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 greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policy(ies) 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 writing 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: By:
Tommye Cribbins, City Clerk
Approved as to form:
By:
City Attorney
"CONSULTANT"
By:
Its:
Jack Tanaka, Mayor
M�S, D,-
CONSULTANTS, IN
C I V I L E N G I N E E R S
March 18, 2008
Mr. Rick Yee, P.E.
Senior Engineer
Public Works/Engineering Department
City of Diamond Bar
21825 E. Copley Drive
Diamond Bar, CA 91765
SUBJECT: Proposal for Inspection Services of the Verizon Fiber Optic Installation Project
Dear Mr. Yee:
DMS Consultants, Inc. is pleased to present this proposal to provide professional civil engineering
services for the subject project.
Mr. Surender Dewan, P.E., President of DMS Consultants, Inc., would be assigned as the Principal -in -
Charge of this project. As such, Mr. Dewan would be responsible for the overall scheduling and
budget control and would be available to meet with the City to the project as required.
Mr. Rene Cohen will be the field inspector in charge of the project. Mr. Les Brooks and Mr. Daniel
Smick of our office will occasionally assist Mr. Cohen. Both Mr. Brooks and Mr. Smick have more
than 30 years experience individually in observation and administration of construction projects.
I hope that our experience, record of performance and sincere interest in working with the City of
Diamond Bar will result in a favorable consideration.
If you have any questions or concerns regarding this submittal, please contact the undersigned.
Sincerely,
DMS Consultants, Inc.
Surender Dewan, P.E.
President
DB-FiberOptic-Inspect.PRO
12377 Lewis Street, Suite 101 • Garden Grove CA 92840
Tel: 714-740-8840 • Fax: 714-740-8842
INSPECTION SERVICES
Preconstruction/ Project Kick-off Meeting: ......................................... Included
.........................
Field Inspector: ...................................................................................... $95.00 Hourly Rate
Weekly Reports: ................................................................................... $200.00 Each Report
Plan Check Services: ............................................................................ $100.00 Hourly Rate
UMJ Consultants, Inc.
Agenda # 6.8
Meeting Date: April 15, 2008
CITY COUNCIL
AGENDA REPORT
j9g9
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: A RESOLUTION APPRVING PROGRAM SUPPLEMENT
AGREEMENT NOS. 006-N AND 007-N TO ADMINISTER THE AGENCY -
STATE AGREEMENT NO. 07-5455R FOR UTILIZATION OF FEDERAL
FUNDS IN THE AMOUNT OF $1,159,618 ON THE GRAND AVENUE
STREET IMPROVEMENTS PROJECT (PHASE III) FROM ROLLING
KNOLL ROAD TO THE EASTERLY CITY LIMITS.
RECOMMENDATION:
Adopt Resolution No. 2008 -XX approving Program Supplement Agreement No. 006-N
and 007-N authorizing the City Manager to execute contracts and related documents
necessary for the completion of the subject project.
FINANCIAL, IMPACT:
The adoption of the Resolution and the execution of the Program Supplement
Agreement will allow the City to be reimbursed $1,159,618 in total project construction
costs. The reimbursable funds are being provided under the 2005 Federal
Appropriations Act and the Federal Transportation Enhancement Act (SAFETEA-LU
Program).
SAFETEA-LU
Federal
Appropriations
Act Sect 117
Total
Fiscal Year
2007/2008
$768,000
$521,636
$1,289,636
Current
Federal Fund
$673,596
$486,022
$1,159,618
Authorization
The original FY 2007/2008 budget anticipated total federal funds in the amount of
$1,289,636 (SAFETEA-LU and Federal Appropriations Act). Since that time, a detailed
construction cost estimate has been developed which was used as the basis for the
current federal fund appropriations. In order to secure the funds for construction, the
authorization amount is derived from a federal participation rate which is 87.31% of the
engineer's estimate and allowable contingency. The current authorization amount for
federal funds is $1,159,618 which represents 87.31% of $1,328,195 (the sum total of
the engineer's estimate and 10% contingency). The remaining balance must be funded
by local match. The local match will be funded from the General Fund appropriation of
$306,692 that was approved in the FY 2007/2008 budget.
The FY 2007/2008 budget has a total appropriation of $1,650,000 for the subject project
to fund construction, construction management, and inspection services. This consists
of the $1,289,636 in federal funds, $306,692 from the General Fund, and $53,672 in
Transportation Development Act (TDA) funds.
DISCUSSION:
Phase III of the Grand Avenue Street Improvements Project will begin at Rolling Knoll
Road and extend easterly to the City limit for a total distance of approximately % mile.
The project will include improvements to median landscaping and reconstruction of
roadway pavement, curb, gutter, and sidewalks. This improvement will complete the
roadway improvements to the Grand Avenue corridor that began in 2005.
Before federal funds can be made available for a programmed project, the City is
required to enter into a supplemental agreement with the California Department of
Transportation (Caltrans) and provide a resolution which authorizes a designated official
of the City to execute the supplemental agreement. The existing agreement, commonly
referred to as Administering Agency -State Agreement No. 07-5455, allows the City to
administer Federally Funded Projects, whereas the supplemental agreement
establishes conditions specific to an individual project.
PREPARED BY:
Rick Yee, Senior Engineer Date Prepared: April 7, 2008
REVIEWED BY:
�r
DaW G. Liu, Director of Public Works
Attachment: Resolution No. 2008 -XX
Program Supplement Agreement Nos. 006-N and 007-N
2
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING PROGRAM
SUPPLEMENT NOS. 006-N AND 007-N TO
ADMINISTERING AGENCY -STATE AGREEMENT NO.
07-5455R FOR UTILIZATION OF FEDERAL FUNDS ON
THE GRAND AVENUE STREET IMPROVEMENTS
PROJECT (PHASE III) FROM ROLLING KNOLL ROAD
TO THE EASTERLY CITY LIMITS.
RECITALS
(i) The United States Congress enacted the Transportation Equity Act for the
21St Century (TEA -21) and 2005 Appropriation Program Funds for
program funding;
(ii) The City of Diamond Bar (City) annually receives Surface Transportation
Program — Local Funds through Metropolitan Transportation Authority;
(iii) The City has applied for the 2005 Federal Appropriation Funds from the
United States Congress and the funds have been awarded to the City;
(iv) The Program Supplement Agreement Nos. 006-N and 007-N to
Administering Agency -State Agreement No. 07-5455R shall be fully
executed by the City and State of California Department of Transportation
(Caltrans) prior to processing of the City's requests for reimbursement of
the federal funds for the Grand Avenue Improvements Project, Phase III.
RESOLUTION
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Approve the Program Supplement Nos. 006-N and 007-N to Administering
Agency -State Agreement No. 07-5455R for Federal Funds to be utilized
for the construction of the Grand Avenue Street Improvements Project,
Phase III.
2. Certifies that said Project will be constructed in accordance with the
Program Supplement Nos. 006-N and 007-N and federal procedures
outlined in the Local Assistance Program Manual and Guidelines.
3. Appoints James DeStefano as agent of the City of Diamond Bar to
conduct all negotiations, execute and submit all documents, including, but
not limited to applications, agreements, amendments, payment requests
and so on, which may be necessary for the completion of the
aforementioned project.
PASSED, APPROVED AND ADOPTED this 15th day of Apri1,2008.
Jack Tanaka, Mayor
I, TOMMYE CRIBBINS, 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 15th day of A ril, 2008 by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ATEST:
CITY CLERK OF THE
CITY OF DIAMOND BAR
PROGRAM SUPPLEMENT NO. N006 Date:March 14, 2008
to Location: 07-LA-0-DMBR
ADMINISTERING AGENCY -STATE AGREEMENT Project Number:DEM05L-5455(008)
FOR FEDERAL -AID PROJECTS NO. 07-5455R E.A. Number: 07-932884
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on / / and is subject to all the terms and conditions thereof. This Program
Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.
, approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
on the following pages.
PROJECT LOCATION:
Grand Ave. from Rolling Knoll to Easterly city limit
TYPE OF WORK: Road Rehabilitation, replace exist landscaping LENGTH: 0 (MILES)
Estimated Cost
Federal Funds
Matching Funds
$1,328,195.00
H660 $486,022.00
LOCAL
$0.00
Other Fund
$842,173.00
OTHER
$0.00
l:1'1'Y UN DIAMOND BAR STATE OF CALIFORNIA
Department of Transportation
By By
Date Chief, Office of Project Implementation
Division of Local Assistance
Attest
Date
Title
I hereby certify upon my perso 1 knowledge that budg54s
d funds are available for this encumbrance:
N
4
Accounting Officer Date 7 $486,022.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
171 2007 2660-102-890 2007-2008 20.30.010.680 C 262042 892-F 486,022.00
Program Supplement 07-5455R-NO06- ISTEA Page 1 of 3
07-LA-0-DM'3R 03/14/2008
DEM05L-5455(008)
SPECIAL COVENANTS OR REMARKS
1. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer within 60 days after
the project contract award. A copy of the award package shall
also be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. Box 942874
Sacramento, CA 94274-0001.
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual.
2. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
3. Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
five (5) years and seven (7) years, respectively, from the start
of the fiscal ye'ar(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Program Supplement 07 -5455R -N006- ISTEA Page 2 of 3
07-LA-0-DMbR 03/14/2008
DEM05L-5455(008)
SPECIAL COVENANTS OR REMARKS
Pursuant to a directive from the State Controller's Office and
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at
least once every six months commencing after the funds are
encumbered for each phase by the execution of this Project
Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend
future authorizations/obligations, and invoice payments for any
on-going or future federal -aid project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for
a six-month period.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY agrees to submit for each phase a written
explanation of the absence of PROJECT activity along with target
billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents
that collectively constitute a "Report of Expenditures" within
one hundred eighty (180) days of PROJECT completion. Failure of
ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE
imposing sanctions upon ADMINISTERING AGENCY in accordance with
the current Local Assistance Procedures Manual.
5. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
Program Supplement 07 -5455R -N006- ISTEA Page 3 of 3
PROGRAM SUPPLEMENT NO. N007
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 07-5455R
Date:March 20, 2008
Location: 07-LA-0-DNMR
Project Number:HPLUL-5455(009)
E.A. Number: 07-933022
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
Between the Administering Agency and the State on / / and is subject to all the terms and conditions thereof. This Program
Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.
, approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
)elow obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
3n the following pages.
PROJECT LOCATION:
Grand Avenue from Rolling Knoll to Easterly City Limit
TYPE OF WORK: Road Rehabilitation, incl replace landscaping destroyed by rehab work
Estimated Cost
HY10
$1,328,195.00 LY10
CITY OF DIAMOND BAR
By
Date
Attest
Title
Federal Funds
$219,001.00
$454,595.00
LENGTH: 0(MILES)
Matching Funds
LOCAL Other Fund OTHER
$168,577.00 $486,022.00 $0.00
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my persolpal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer %V
1G'
Date
Chapter
Statutes
Item
Year
rogram
BC
Category
end source
171 2007 2660-102-890
2007-2008
20.30.010.680 C
262042 892-F
$673,596.00
AMOUNT
673,596.00
Program Supplement 07 -5455R -N007- ISTEA Page 1 of 3
)7-LA-0-DMBR 03/07/2008
iPLUL-5455(009)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
2. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer within 60 days after
the project contract award. A copy of the award package shall
also be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. Box 942874
Sacramento, CA 94274-0001.
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual.
3. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future Phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
4. Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
five (5) years and seven (7) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
Program Supplement 07 -5455R -N007- ISTEA Page 2 of 3
)7-LA-0-DMBR 03/07/2008
3PLUL-5455(009)
SPECIAL COVENANTS OR REMARKS
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Pursuant to a directive from the State Controller's Office and
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at
least once every six months commencing after the funds are
encumbered for each phase by the execution of this Project
Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend
future authorizations/obligations, and invoice payments for any
on-going or future federal -aid project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for
a six-month period.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY agrees to submit for each phase a written
explanation of the absence of PROJECT activity along with target
billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents
that collectively constitute a "Report of Expenditures" within
one hundred eighty (180) days of PROJECT completion. Failure of
ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE
imposing sanctions upon ADMINISTERING AGENCY in accordance with
the current Local Assistance Procedures Manual.
Program Supplemerit07-5455R-N007- ISTEA Page 3 --Cf 3
Agenda # 6.9
Meeting Date: April 15, 2008
CITY COUNCIL
AGENDA REPORT
�ottPort���
198`
TO: Honorable Mayor and Member of the City Council
VIA: James DeStefano, City Man
TITLE: NOTICE OF COMPLETION F R PROSPECTORS ROAD STREET
REHABILITATION PROJECT.
RECOMMENDATION:
File a Notice of Completion.
FINANCIAL IMPACT:
There is no financial impact.
BACKGROUND:
The City Council awarded a construction contract to RJ Noble Company on October 2, 2007 in
an amount not to exceed $644,000 with a contingency amount of $65,000, for a total
authorization amount of $709,000. The City authorized the Notice to Proceed for the
construction project on January 21, 2008.
DISCUSSION:
RJ Noble Company has completed all work required as part of this project in accordance with
the specifications approved by the City.
One change order was issued for this project due to unforeseen substandard subgrade material
that was discovered during construction as well as additional concrete work requested by the
City. With the change order included, the final construction cost of the project is $698,013.45
which remained under the total authorization of $709,000 approved by Council.
PREPARED BY:
Kimberly Molina, Associate Engineer Date Prepared: April 8, 2008
REVIE BY -
Da ' G. L , Director of Public Works
Attachments: Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21825 COPLEY DRIVE
DIAMOND BAR, CALIFORNIA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter
described:
2. The full name of the owner is City of Diamond Bar
3. The full address of the owner is 21825 Conley Drive
Diamond Bar CA 91765
4. The nature of the interest or estate of the owner is; "In fee"
(If other than fee, strike "in fee" and insert, for example, 'purchaser under contract of purchase; ' or "lessee')
5. The full frames and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common
are: NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on April 4, 2008. The work done was-
Prospectors
as:Pros ectors Road Street Rehabilitation Project
7. The name of the contractor, if any, for such work of improvement was RJ Noble Company
October 2 2007
arno contractor for work of improvement as a whole, insert "none") (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of
California, and is described as follows: Prospectors Road between Sunset Crossing Road and Golden Springs Drive
9. The street address of said property is
Dated:
verification for Individual Owner
(If no street address has been officially assigned, insert `Prone")
CITY OF DIAMOND BAR
Signature of owner or corporate officer of owner named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing
(4esrdmt of', "Manager of," "A partner of,'—"Owner of," etc.)
notice of completion; I have read said notice of completion and know the contests thereof the same is true of my own knowledge.
I declare underpenalty ofperjury that the foregoing is true and correct.
Executed on
(Date of signature)
20 , at Diamond Bar California.
(City where signed)
(Personal signature of the individual who is swearing that the contents of
the notice of completion are true)
DO NOT RECORD
REQUIREMENTS AS TO NOTICE OF COMPLETION
A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement
(to be computed exclusive of the day of completion), as provided in Civil Code Section 3 09 3.
The "owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or
his successor in -interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title.
For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded
to his interest at the date the notice is filed, must file the notice.
If the ownership is in two of more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-
owners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of the other
co-owners must be stated in paragraph 5 of the form
Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or
transferors.
In paragraphs 3 and 5, the full address called for should include street number, city, county and state.
As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of improvement as a
whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or
more original contracts, then this form must be modified as follows:
(1) Strike the works "A work of improvement' from paragraph 6 and insert a general statement of the kind of work done or
materials furnished pursuant to such contract (e.g., "The foundations for the improvement');
(2) Insert the name of the contractor under the particular contract in paragraph 7.
In paragraph 7 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractors name
need be given if there is no general contractor, e.g., on so-called `owner -builder jobs."
In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to deed or policy of title
insurance. If the space provided for description is not sufficient, a rider may be attached.
In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority.
CITY COUNCIL
Agenda # _ 6. 10
Meeting Date: April 15, 2008
AGENDA REPORT
TO: Honorable Mayor and MembeN20
e City Council
VIA: James DeStefano, City Mana
TITLE: APPROVAL OF RESOLUTIO-XX APPROVING AND ADOPTING AMENDMENT
ONE TO THE THIRD AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
RECOMMENDATION:
Approve.
FISCAL IMPACT:
If approved by the Council, the amendment to the San Gabriel Valley Council of Governments Joint
Powers Agreement would have no impact on the City's annual membership contribution.
BACKGROUND / DISCUSSION:
The City of Diamond Bar is a member of the San Gabriel Valley Council of Governments (SGVCOG),
an organization whose focus is to maximize resources and advocate for a regional approach to
address issues impacting San Gabriel Valley cities. SGVCOG membership includes 31 cities plus
unincorporated areas in the San Gabriel Valley represented by the Los Angeles County Board of
Supervisors. Since its inception, SGVCOG has assisted with a variety of issues, including
transportation, expanding park systems and protecting open space.
At its October 18th, 2007 meeting, the SGVCOG Governing Board approved a request by three of the
San Gabriel Valley's water agencies to be admitted to the SGVCOG as a single legal entity. The
agencies include the Three Valleys Municipal Water District, San Gabriel Municipal Water District,
and Upper San Gabriel Valley Municipal Water District. At its February 21St, 2008 regular meeting,
the Governing Board approved Amendment One to the Third Amended Joint Powers Agreement
(JPA) and directed that Amendment One be submitted to the legislative bodies of the SGVCOG's
member agencies for their approval. Should the Council approve Resolution 2008-xx, the three water
agencies would be represented as a single legal entity on the SGVCOG Governing Board.
The SGVCOG Governing Board's decision to increase membership to the water agencies was to
continue to expand the organizational base and regional influence of the SGVCOG. The admission
of the water agencies represents the extension of a process that was begun in 2007 when Los
Angeles County was granted membership into the SGVCOG. This change will ensure that
representative stakeholders from all the Valley's governments would work together to provide input
and support for Valley -wide programs and projects. Because most of the water used in the San
Gabriel Valley comes from local water agencies, improving the working relationship between cities
and these agencies is crucial for long-term planning and development. The SGVCOG's expanded
base will also move the organization away from its sole dependence on cities in shouldering the
financial burden for resources that serve a regional interest. The City's annual membership
contribution would not change as a result of the amended JPA.
The most significant changes to the SGVCOG's JPA are the following:
1. The three water agencies would be represented as a single legal entity on Governing Board,
and would only have a single vote.
2. The three water agencies will pay a joint membership fee of $30,000 annually, which is equal
to the current SGVCOG's member dues cap.
3. The water agencies will select both a delegate and alternate from among their boards of
directors. The delegate and alternate must be publicly elected officials that reside in the San
Gabriel Valley.
4. SGVCOG policy is being clarified to indicate that any member withdrawing from SGVCOG will
not be entitled to any reimbursement of the annual dues that have been paid by the member.
SGVCOG Amendment One will be effective upon approval by Resolution from sixteen member
agencies. The single entity representing the water agencies will be allowed to formally join the
SGVCOG at that time.
The addition of the water agencies will ensure that the SGVCOG is better suited to meet the changing
demands of the growing San Gabriel Valley region. Staff recommends that Council approve
Resolution 2008-xx, thereby adopting SGVCOG Amendment One to the Third Amended and
Restated Joint Exercise of Powers Agreement.
Prepared by:
Anthony Santo , Management Analyst
Attachments:
Reviewed By:
. �
Ryan
Lean, Assistant to the City Manager
1. Draft City Council Resolution No. 2008-xx Approving and Adopting Amendment One to the
Third Amended and Restated Joint Exercise of Powers Agreement of the SGVCOG.
2. Amendment One to the Third Amended and Restated Joint Exercise of Powers Agreement of
the SGVCOG.
RESOLUTION 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING AND ADOPTING AMENDMENT ONE TO THE THIRD AMENDED AND
RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS
WHEREAS, the San Gabriel Valley Council of Governments (SGVCOG) was established and
that certain Joint Exercise of Powers Agreement entered into as of March 1, 1994; and
WHEREAS, the Amended and Restated Joint Exercise of Powers Agreement for the SGVCOG
was approved and adopted effective September 17, 1998; and
WHEREAS, the Second Amended and Restated Joint Exercise of Powers Agreement for the
SGVCOG was approved and adopted effective November 21, 2000; and
WHEREAS, the Third Amended and Restated Joint Exercise of Powers Agreement for the
SGVCOG was approved and adopted effective April 10, 2007; and
WHEREAS, membership in the SGVCOG has been limited to the County of Los Angeles and
cities in the San Gabriel Valley; and
WHEREAS, there is a growing need to have the SGVCOG consider and address issues
related to the availability and quality of the water to be supplied to the residences, businesses and
public facilities throughout the San Gabriel Valley; and
WHEREAS, certain of the water agencies that provide water to the San Gabriel Valley have
indicated an interest in the SGVCOG and a willingness to join the SGVCOG and actively participate
in its activities; and
WHEREAS, the participation of water agencies in the activities of the SGVCOG would further
the public interest by assisting the SGVCOG to achieve its goals and objectives; and
WHEREAS, the water agencies of the San Gabriel Valley have agreed to create a single legal
entity that will join the SGVCOG and represent the interests of said water agencies; and
WHEREAS, in connection with the entry to the water agencies into the SGVCOG, it is timely to
clarify existing SGVCOG policy that annual dues paid to the SGVCOG by a member agency will not
be reimbursed in the event that a member agency elects to withdraw from the SGVCOG; and
WHEREAS, Amendment One to the Third Amended and Restated Joint Exercise of Powers
Agreement for the SGVCOG would enable a legal entity representing the water agencies of the San
Gabriel Valley to join the SGVCOG and participate in the SGVCOG's activities; and
WHEREAS, Amendment One to the Third Amended and Restated Joint Exercise of Powers
Agreement for the SGVCOG would preclude the reimbursement of any annual dues paid by a
member agency in the event of the withdrawal of said member agency from the SGVCOG.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar does
hereby resolve as follows:
Section 1. That Amendment One to the Third Amended and Restated Joint Exercise of
Powers Agreement for the San Gabriel Valley Council of Governments, attached hereto and
incorporated herein by this reference, is approved and adopted.
Section 2. That the City Clerk shall certify to the SGVCOG the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 15th day of April, 2008.
Jack Tanaka, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the
foregoing Resolution No. 2008- was duly and regularly passed and adopted by the City Council of
the City of Diamond Bar, California, at its adjourned regular meeting held on the 15th day of April,
2008, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Tommye A. Cribbins, City Clerk
City of Diamond Bar
CITY COUNCIL
Agenda # 6.11
Meeting Date: April 15, 2008
AGENDA REPORT
TO: Honorable Mayor and Members, of the City Council
VIA: James DeStefano, City Man r
TITLE: Authorize City Manager to Purch se Servers and Workstations from Hewlett
Packard (HP), for the Diamond Bar Intelligent Traffic Signal System project, in an
amount not to exceed $50,000.
Recommendation:
Approve.
Budget/Financial Impact:
There are sufficient existing funds in the FY07-08 budget for these purchases, and this authorization
will have no net affect on the budget, we are simply paying HP instead of CDWG.
Discussion:
The City is in the early stages of implementing its new Traffic Management System. This
implementation requires the acquisition of numerous pieces of hardware, and it was anticipated that
these items would be purchased from CDWG.
Council approved these purchases on June 19, 2007 in the following agenda item:
6.23 Authorize City Manager to Purchase Various Computer and Network Equipment from
CDWG, throughout FY 2007-08 for an Amount Not -to -Exceed $153,300.
This reads in part:
As the City addresses the traffic concerns of the residents, we will be implementing a new
Traffic Management System in the next fiscal year. Some of the items we will be purchasing
for the program in the 07/08 fiscal year are: A new Server Rack, Uninterruptible Power
Supplies, New Servers (4), New Workstations for the Traffic Management Center (2), a
Network Switch with fiber connections, and additional items needed to create the infrastructure
for this new system.
The Hewlett Packard state purchasing contract requires that all orders be placed through a vendor
such as CDWG. Consequently, it was believed that all items would be purchased through CDWG,
and the authorization above was sought. However, a nuance of the state contract is that even though
the order must be placed through a vendor such as CDWG, payment is to be made directly to HP.
Staff did not learn of this fact until after an order was placed the order for 3 of the 4 necessary servers
and required workstations from HP via CDWG, totaling slightly less than $40,000. CDWG informed
staff that the price the City is getting, due to the state contract, was lower than they could sell to City
directly from their own inventory.
The City may have the need to purchase an additional server, as originally specified by our Intelligent
Traffic System vendor, at a price of almost $10,000. This is why we are requesting a total
authorization of $50,000; which includes the exiting $40,000 order and a future $10,000 order.
Since this purchase exceeds the City Manager's purchasing authority of $25,000, staff is requesting
authorization to purchase servers and workstations from HP, in an amount not to exceed $50,000.
Prepared by: Financial Data Reviewed by:
Ken Desforges, irec r Information Systems
2
44n, r► ��
Linda Magnuson, 1::idance Director
Agenda
REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR o. RDA 1
REGULAR MEETING OF THE BOARD OF DIRECTORS
DECEMBER 4, 2007
F
1. CALL TO ORDER: Vice Chairman Chang called the Redevelopment
Agency meeting to order at 8:30 p.m. in the SCAQMD/Government Center
Auditorium, 21865 Copley Dr., D.B.
ROLL CALL: Agency Members Everett, Herrera, Tanaka, Tye
. VC/Chang
Also Present Were: James DeStefano, Agency Director; David Doyle,
Assistant City Manager; Michael Jenkins, Agency Attorney; Ken Desforges, IS
Director; David Liu, Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Nancy Fong, Community
Development Director; Greg Gubman, Planning Manager; Marsha Roa, Public
Information Manager; and, Tommye Cribbins, Agency Clerk.
2. PUBLIC COMMENTS: None Offered.
REDEVELOPMENT AGENCY REORGANIZATION:
a. Selection of Chair
AM/Tye nominated VC/Chang to serve as Chair. AM/Tanaka seconded
the motion. With no other nominations offered, VC/Chang closed the
nominations. With the following Roll Call vote, motion carried 5-0.
AYES: AGENCY MEMBERS: Everett, Herrera, Tanaka, Tye and
VC/Chang
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
b. Selection of Vice Chair
AM/Herrera nominated AM/Tye to serve as Vice Chair. Chair/Chang
seconded the nomination. With no other nominations offered, C/Chang
closed the nominations. With the following Roll Call vote, motion carried
5-0.
AYES: AGENCY MEMBERS: Everett, Herrera, Tanaka, Tye and
VC/Chang
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
DECEMBER 4, 2007 PAGE 2 REDEVELOPMENT AGENCY
3. CONSENT CALENDAR:
AM/Tanaka moved, AM/Everett seconded, to approve the Consent Calendar as
presented. Motion carried by the following Roll Call vote:
AYES: AGENCY MEMBERS: Everett, Herrera, Tanaka, VC/Tye
Chair/Chang
NOES: AGENCY MEMBERS: None
ABSE NT: AGENCY MEMBERS: None
3.1 APPROVED MINUTES —Annual Meeting of April 17, 2007.
3.2 APPROVED TREASURER'S STATEMENT FOR April 1, 2007 through
October 31, 2007.
4. AGENCY MEMBER CONSIDERATION: None
5. AGENCY MEMBER COMMENTS:
C/Herrera said that it would be nice if someday the City had a Project Area in
which to begin work.
Chair/Chang concurred with C/Herrera. Because D.B. has no Redevelopment
Agency the City gets only 5.6% of the property tax repaid to the City versus cities
with Redevelopment Agency programs receiving up to 49%.
ADJOURNMENT: With no further business to conduct, Chair/Chang adjourned
the Redevelopment Agency meeting to the Public Financing Authority Meeting at 8:38
p.m.
TOMMYE CRIBBINS, Agency Clerk
ATTEST:
WEN CHANG, Chairman
Agenda # RDA 3.2
Meeting Date: Apr. 1 S, 2008
DIAMOND BAR REDEVELOPMENT AGENCY REPORT
TO: Chairman and Members of the Board
VIA: James DeStefano, Executive Director
TITLE: Treasurer's Statement — November 1, 2007 through March 31, 2008
RECOMMENDATION:
Approve the November 1, 2007 through March 31, 2008, Treasurer's Statement for the
Redevelopment Agency.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Per Agency policy, the Finance Department presents the Treasurer's Statement for the
Redevelopment Agency Board's review and approval. Due to the change in
Redevelopment Agency meeting schedule the following Treasurer's report covers the
period of November 1, 2007 through March 31, 2008.
PREPARED BY:
Linda Magnuson, Finance Director
REVIEWED BY:
Finance DW ector
Attachments:
Assistant City Manager
Treasurer's Statement — November 1, 2007 through March 31, 2008
DIAMOND BAR REDEVELOPMENT AGENCY
TREASURER'S CASH STATEMENT
March 31, 2008
........ ...... ...... .....
1111/06
TRANSFERS. 03/31/07
BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
REDEVELOPMENT AGENCY CIP FC $0.00
LOW & MOD INCOME HOUSING FD -
REDEVELOPMENT DEBT SVC FD
TOTALS
SUMMARY OF CASH:
DEMAND DEPOSITS:
James DeStefano, Treasurer
$0.00
$0.00
$o.00 $0.00 $0.00 $0.00 $0.00
GENERALACCOUNT
TOTAL DEMAND DEPOSITS
TOTAL CASH
$0.00
$0.00
$0.00
Agenda No. PFA3.1
DIAMOND BAR PUBLIC FINANCING AUTHORITY
ANNUAL MEETING
DECEMBER 4, 2007 rk
i.'", IT
CALL TO ORDER: Chairman Herrera called the meeting to order
at 8:38 p.m. in the SCAQMD/Government Center Auditorium, 21865 Copley Dr.,
D.B.
ROLL CALL: Authority Members Chang, Everett, Tanaka,
VC/Tye and Chair/Herrera.
Staff present: James DeStefano, Executive Director; David
Doyle, Asst. City Manager; Michael Jenkins, Authority Attorney; Ken Desforges,
IS Director; David Liu, Public Works Director; Bob Rose, Community Services
Director, Linda Magnuson, Finance Director; Nancy Fong, Community
Development Director; Greg Gubman, Planning Manager; Marsha Roa, Public
Information Manager; and, Tommye Cribbins, Authority Clerk.
2. PUBLIC COMMENTS: None Offered.
PUBLIC FINANCE AUTHORITY REORGANIZATION:
a. Selection of Chair.
AM/Tanaka nominated AM/Tye to serve as Chair. AM/Everett seconded
the nomination. With no further nominations offered, C/Herrera closed the
nominations. With the following Roll Call Vote, motion carried 5-0.
AYES: AGENCY MEMBERS: Chang, Everett, Tanaka,
VC/Tye, C/Herrera
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
b. Selection of Vice Chair
AM/Chang nominated AM/Everett to serve as Vice Chair. AM/Tanaka
seconded the nomination. With no further nominations offered, C/Tye
closed the nominations. With the following Roll Call vote, motion carried
5-0.
AYES: AGENCY MEMBERS: Chang, Everett, Herrera, Tanaka,
C/Tye
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
s
December 4=2007 PAGE 2 PUBLIC FINANCE AUTHORITY
3. CONSENT CALENDAR:
AM/Chang moved, AM/Tanaka seconded, to approve the Consent Calendar as
presented. Motion carried by the following Roll Call vote:
AYES: AGENCY MEMBERS: Chang, Herrera, Tanaka, VC/Everett,
NOES: AGENCY MEMBERS: Nonee
ABSENT: AGENCY MEMBERS: None
3.1 APPROVED MINUTES — Annual Meeting of April 17, 2007,
3.2 APPROVED TREASURER'S STATEMENT — April 1 through October 31,
2007.
4. AUTHORITY MEMBER CONSIDERATION: None
5. AUTHORITY MEMBER COMMENTS: None Offered.
ADJOURN PUBLIC FINANCING AUTHORITY MEETING: With no further business to
conduct, Chair/Tye adjourned the Public Financing Authority meeting at 8:41 p.m. back
to the Regular City Council meeting.
TOMMYE CRIBBINS, Authority Clerk
ATTEST:
STEVE TYE, Chairperson
AUTHORITY
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Manager
Agenda # FFA 3.2
Meeting Date: 4pr.1 S, 2008
AGENDA .REPORT
TITLE: Public Financing Authority Treasurer's Statement for November 1, 2007 through March 31,
2008
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
None
BACKGROUND:
In 2002 the City of Diamond Bar, through the Public Financing Authority issued Variable Rate Lease
Revenue Bonds for the purpose of building the Diamond Bar Center. One of the requirements of the
bond is that the City pay a monthly lease payment to the Public Financing Authority. This payment
represents the debt service on the bond and consists of the monthly interest charge and 1/12 of the
principal payment due on the following July 11t. The prepaid principal payments remain in the bank
accounts and are invested and safeguarded until they are due each July 1St. These funds are
transferred to the Bond Trustee Union Bank of California for disbursement. The Public Financing
Authority bank accounts which reflect these activities are included in this Treasurer's Statement.
Although the Public Financing Authority's funds have been incorporated into the City's monthly
Treasurer's Statement, a separate Treasurer's Statement has been prepared for review and approval.
This statement shows the cash balances for the various funds, with a breakdown of investment
account balances and the effective yield earned from investments.
It should be noted that all the funds in the Construction Fund have been used for the construction of
the Diamond Bar Center. The funds in the Lease Prepay fund and the Lease Payment Fund are
being used to pay the bond principal and interest as the payments become due.
PREPARED BY:
FinanAei ctor Assistant City Manager
Attachments:
Treasurer's Statement — November 1, 2007 through March 31, 2008
Diamond Bar Public Financing Authority
Treasurer's Cash Statement
03/31108
Note: The Diamond Bar Public Facility Authority is invested in the State Treasurer's Local Agency Investment Fund.
The LAIF Bond Proceeds investment account's withdrawals are limited to one draw down per month.
As a secondary investment option, the Authority maintains a US Treasury Sweep Account with the City's Fiscal Agent
Union Bank of California. Any excess funds are "swept" on a daily basis from the Authority's bank accounts and are
invested overnight in a pool of US Treasury Notes. Interest is credited to the Authority's bank accounts on a monthly
basis.
Union Bank Money Mkt - Effective Yield - March 2008
1.450%
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.
James DeStefano, Treasurer
BEGINNING
PFA -Construction Fund
BAL @ 11/01<OT RECEIPTSENPING
$0.0u
DISBURSEMENTS
TRANSFER
BAL 03/31/08
PFA - Cost of Issuance Fund
$0.00
0.00
$0.00
$0.00
$0.00
PFA - Lease Prepay Fund
0.00
111,000.77 1,969.14
0.00
0.00
0.00
PFA - Lease Payment Fund
40,513.11 117.51
142.77
110,416.65
223,243.79
$151,513.88 $2,086.65
171,988.00
$172,130.77
159,934.09
$270,350.74
28,576.71
$251,820.50
CASH WITH FISCAL AGENT:
US TREASURY Money Market Account
LOCAL AGENCY INVESTMENT FD
$251,820.50
0.00
$251,820.50
Note: The Diamond Bar Public Facility Authority is invested in the State Treasurer's Local Agency Investment Fund.
The LAIF Bond Proceeds investment account's withdrawals are limited to one draw down per month.
As a secondary investment option, the Authority maintains a US Treasury Sweep Account with the City's Fiscal Agent
Union Bank of California. Any excess funds are "swept" on a daily basis from the Authority's bank accounts and are
invested overnight in a pool of US Treasury Notes. Interest is credited to the Authority's bank accounts on a monthly
basis.
Union Bank Money Mkt - Effective Yield - March 2008
1.450%
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.
James DeStefano, Treasurer
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA NSUBJECT:
CITY CLERK
Garr I MrAq DATE:
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above. -
Signature
® VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: R, ����
DATE:
ADDRESS: 1-����i-r,,,�..1,,,� �;..�c..� �, ��"� � PHONE:
ORGANIZATION: �l l���o.�,� f.S� tr" i ,ra�� or 'itk_6 �-I(?"Z.�G' .,.�
AGENDA #/SUBJECT: �} ! ! r.�s <a '` �.,� ►,,,, A, LZ II
I expect to address the Council on the subject agenda item
name and address as written above.
Please have the Council Minutes reflect my
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
I A
CITY CLERK
DATE:
PHONE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
A
57
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
STZ V rLC DATE:(
Ua 'd KCUG PHONE:
(KG�� +
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.