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06/17/2008
city Council Agenda �I DIADI011'D-BARD Tuesday, June 17, 2008 6:00 p.m. — Closed 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. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The ]Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings available 72 hours prior to the meeting and are posted in the: City's regular posting locations, on DBTV Channel 3, and on the City's website at www.cityofdiamondbar.com. A full agenda packet is available for review during the meeting in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR TIIE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7000 between 7:30 a.m. and 5:30 p,m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings (909) 839-7010 Computer access to agendas: www.cityofdiainondbar.com General Information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE BY TIME -WARNER FOR AIRING ON CHANNEL 3, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3, AND IS ALSO AVAILABLE ON THE CITY WEBSITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA June 17, 2008 Next Resolution No. 2008-27 Next Ordinance No. 04(2008) CLOSED SESSION: 6:00 p.m., Room CC -8 Public Comments on Closed Session Agenda 00. Government Code Section 54956.9(c) Initiation of Litigation — One Case. CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Mayor Monsignor James Loughnane, St. Denis Catholic Church Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificates of Recognition to members and coaches of the Diamond Ranch High School Panthers Varsity Baseball Team for participating in the CIF Playoffs. NEW BUSINESS OF THE MONTH: 1.2 Presentation of City Plaque to The Panini Grill/Mix It Up Ice Cream, 2040 S. Brea Canyon Rd. as New Business of the Month for June, 2008. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. JUNE 17, 2008 PAGE 2 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Introduction of Christian Malpica Perez, Associate Engineer. 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 Planning Commission Meeting — June 24, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Teen Night — Concert & Movie at Dusk ( Thornbird/Transformers) - June 25, 2008 — 6:30 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. (Sponsored by DB 4Youth in Action). 5.3 Parks and Recreation Commission Meeting — June 26, 2008 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr, 5.4 City Council Meeting — July 1, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 4th of July Celebration (Concert and Fireworks) — July 4, 2008 — 5:00 p.m., 9:30 p.m., Diamond Bar High School, 21400 Pathfinder Rd. Performance by the Ravelers and Fireworks beginning at 9:00 p.m. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of June 3, 2008 — Approve as submitted. (b) Regular Meeting of June 3, 2008 — Approve as submitted. JUNE 17, 2008 Me 6.3 PAGE 3 Planning Commission Minutes: (a) Housing Element Workshop of May 13, 2008 - Receive and file. (b) Regular Meeting of May 13, 2008 — Receive and file. Ratification of Check Register — Ratification of Check Register dated May 29, 2008 through July 11, 2008 totaling $1,359,763.85. Requested by: Finance Department COMMUNITY DEVELOPMENT DEPARTMENT REQUESTS: (a) Approval of Professional Services Agreement with LDM Associates, Inc. for Providing Home Improvement Program (HIP) Administration Services for 3 Years Ending June, 2011, and Approve FY 2008-09 Home Improvement Program Administrative Support Services in the Amount of $30,000. Recommended Action: Approve. (b) Approval of Contract with Dapeer, Rosenblit & Litvak, LLP for Providing City Prosecutor Services in an Amount Not -to -Exceed $40,000 for FY 2008/09. Recommended Action: Approve. (c) Approval of Professional Services Agreement with LDM Associates, Inc., for Providing As Needed Planning Services for a Total of 3 Years. Recommended Action: Approve. (d) Approve Extension of City -Wide Graffiti Removal Contract with Graffiti Control Systems in the Amount of $62,400 for FY 2008-09. Recommended Action: Approve. (e) Authorize City Manager to Contract with Regional Chamber of Commerce of the San Gabriel Valley for Business Development and Retention Services in the Amount of $12,000 for FY 2008-09. Recommended Action: Approve. JUNE 17, 2008 PAGE 4 6.5 COMMUNITY SERVICES DEPARTMENT REQUESTS: (a) Award of Contract to Tamang Electric, Inc. for Construction of the Emergency Generator at the Diamond Bar Center in the Amount of $157,861, Plus a Contingency of $7,893 (5%) for a Total Authorization of $165,754; and Appropriation of $57,146 from the Park Development Fund to Fully Fund this Project. Recommended Action: Award and Appropriate. (b) Award of Contract to Reedcorp Engineering in the Amount of $7,300 for Construction Support Services to be Provided During Construction of the Emergency Generator at the Diamond Bar Center, Plus Ratify the City Manager's Award of Contract to Reedcorp Engineering to Develop Construction Documents for this Project in the Amount of $23,800 for a Total Authorization of $31,100. Recommended Action: Award and Ratify. (c) Award of Contract to Two Horse Construction for Construction of V -Ditch and Landscaping Improvements on Gold Rush East of Diamond Bar Blvd. in the Amount of $62,500; Plus a Contingency of $6,250 (10%) for a Total Authorization of $68,750. Recommended Action: Award. (d) Award of Contract to Emad Nabih for Construction of Trail Connections at Steep Canyon and at the Diamond Bar Center in the Amount of $150,138.05, Plus a Contingency of $15,014 (10%) for a Total Authorization of $165,152.05. Recommended Action: Award and Approve. (e) Approval of Amendment No. 1 to Agreement with Group Delta Consultants for Consideration Inspection Services for Two (2) Projects: 1) Construction of V -Ditch and Landscape Improvements at Storm Damaged Slope on Gold Rush East of Diamond Bar Blvd; 2) Construction of Trail Access Points at Steep Canyon/Clear Creek Canyon and Diamond Bar Center/Summit Ridge Park; in the Total Amount Not to Exceed $48,740. Recommended Action: Approve. (f) Award of Contract to International Pavement Solutions, Inc. for Construction of Storage Container Pad at Pantera Park in the Amount of $58,214.58, Plus a Contingency of $5,821 (10%) for a Total Authorization of $64,035.58. JUNE 17, 2008 PAGE 5 Recommended Action: Award. (g) Approval of Contract Amendment No. 1 to the Contract with RJM Design Group for Design of Pantera Park Storage Pad to Revise Contract in an Amount Not to Exceed $53,253, Plus Add Construction Services to Scope of Work, and to Extend Contract Term through December 31, 2008. Recommended Action: Approve. (h) Award of Contract to California Surfacing for Tennis and Basketball Court Resurfacing at Heritage, Maple Hill, Pantera and Ronald Reagan Parks in the Amount of $64,000, Plus a Contingency of $6,400 (10%) for a Total Authorization of $70,400. Recommended Action: Award. (i) Authorize Expenditure to MCE Corp. in the Amount of $31,050 Plus a (10%) Contingency in the Amount of $3,105 for a Total Authorization of $34,155 for Slurry Seal and Restriping of the Diamond Bar Center Parking Lots and Access Roads. Recommended Action: Authorize. 0) Award of Contract to Matlock Associates for Consulting Services to Complete the Update of the Parks Master Plan in the Amount of $146,900 and Authorize a Contingency Amount of $10,000 for Reimbursables for a Total Authorization of $156,900, Plus Appropriate $44,900 from the Parks Development Fund to Fully Fund Contract. Recommended Action: Award and Approve. (k) Approve Authorization to Exceed City Manager's Purchasing Authority of $25,000 to Extend Vendor Services for Senior and Adult Excursions Provided by Inland Empire Stages Ltd., in an Amount Not -to -Exceed $70,000 for FY 2008-09. Recommended Action: Approve. (1) Acceptance of Work Performed by FS Construction for Construction of Batting Cages at Peterson and Pantera Parks; Direct the City Clerk to File the Notice of Completion and Release the Retention Thirty-five Days After the Recordation Date. Recommended Action: Accept, Direct City Clerk and Authorize. JUNE 17, 2008 PAGE 6 6.6 PUBLIC WORKS DEPARTMENT REQUESTS: (a) Approval of Contract Amendment with Republic Electric for Traffic Signal Maintenance Services for Fiscal Years 2008-09 and 2009-10. Recommended Action: Approve. (b) Approve Revised Waste Management's Monthly Services Rates. Recommended Action: Approve. (c) Approve Plans and Specifications and Award Construction Contract for Traffic Signal Modifications at Brea Canyon Rd./Pathfinder Rd, Brea Canyon Rd./Diamond Bar Blvd., and Golden Spgs. Dr.,/Lemon Ave. in the Amount of $170,400 to Pouk & Steinle, Inc.; and Authorize a Contingency Amount of $17,040 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $187,440. Recommended Action: Approve and Award. (d) Approve a Contract Amendment with Advantec Consulting Engineers Inc. for Construction Management and Inspection Services for the Traffic Signal Modification Project at Diamond Bar Blvd and Brea Canyon Rd., Golden Spgs. Dr. and Lemon Ave., and Brea Canyon Rd. and Pathfinder Rd. in the Amount of $16,000 Plus a Contingency Amount of $2,000 for Change Orders to be Approved by the City Manager for a Total Authorization Amount of $18,000. Recommended Action: Approve. (e) Approve Plans and Specifications and Award Construction Contract for the 2007-08 Community Development Block Grant Curb Ramp Installation Project to CJ Concrete Construction, Inc. in the Amount of $39,062.50 and Authorize a Contingency Amount of $4,000 for Project Change Orders to be Approved by the City Manager for a Total Authorization Amount of $43,062.50. Recommended Action: Approve and Award. (f) Award Professional Services Contract to Hardy & Harper, Inc. for Five (5) Years (FY 08-09 to FY 12-13) for On -Call Street Maintenance Services Specific to Road Pavement, Sidewalk Curb & Gutter and Striping Maintenance. Recommended Action: Award. JUNE 17, 2008 PAGE 7 (g) Approve Extension of Contract Agreement with Diversified Transportation, LLC for FY 2008-09 Diamond Ride (Dial -A -Cab) Service. Recommended Action: Approve. (h) Reallocate Prop 113 Funds in the Amount of $350,000 to the Capital Improvement Program Budget for FY 2007-08; Approve Plans and Specifications; Declare the Bid Submitted by Doug Martin Contracting Co. Non -Responsive and Award the Construction Contract for Residential Area 4 and Arterial Zone 2 Road Maintenance Project to American Asphalt South, Inc. in the Amount of $1,712,430.50; and Authorize a Contingency Amount of $102,745.83 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $1,815,176.33. Recommended Action: Reallocate, Approve, Declare and Award. (i) Amend Design Services Contract with Norris-Repke for Residential Area 4 and Arterial Zone 2 Road Maintenance Project in the Amount of $11,390. Recommended Action: Approve and Amend. 61.7 IS DEPARTMENT REQUESTS: (a) Approval of One Year Contract with ComDyn Group, Inc. (ComDyn), for Purchase of Security Related Professional/Technical Services and GIS Related Professional/Technical Services, at a Total Contract Cost Not to Exceed $75,000 for FY 2008/09 and Authorize the City Manager to Sign the Contract. Recommended Action: Approve. (b) Approval of Contract with Simplex/Grinnell, Inc. (Simplex/Grinnell), for Redesign of Existing Wet Sprinkler System to Incorporate a Dry Gas Fire Suppression Component in the City's Data Center for a Total Contract Cost Not to Exceed $55,000 and a Contingency Amount of $3,500 for a Total Authorization of $58,500; and Authorize the City Manager to Sign the Contract. Recommended Action: Approve. JUNE 17, 2008 M PAGE 8 E3.8 CITY MANAGER REQUESTS: (a) Approval of an Amendment Omnipoint Communications Inc., T -Mobile USA, Inc. to Construct a Summitridge Park. Recommended Action: Approve. to the License Agreement with a Delaware Corp., a Subsidiary of Wireless Communications Site at (b) Approve Reinstatement of One (1) Sworn Law Enforcement Position in the FY 2008-09 Budget and Appropriate $148,000 from General Fund Reserves. Recommended Action: Approve and Appropriate. (c) Approval of an Amendment to the Agreement of Purchase and Sale Between the City and Horizon Pacific Inc., A California Corp for the Surplus Property at 1325 Summitridge Dr., Reducing the Sale Price from $1,255 Million to $933,750 to Reflect Limitations in Developable Acreage. Recommended Action: Approve (d) Increase the City's FY 07-08 Transit Pass Subsidy Fare Revenue and Transit Pass Subsidy Fare Expenditures by $65,000. Recommended Action: Approve. (e) Increase City's FY 07-08 Diamond Ride Dial -a -Cab Budget by $70,000 for a Total Appropriation of $420,000 from Prop A Transit Funds. Recommended Action: Approve. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Public Hearings for Lighting and Landscape Districts Nos. 38, 39 and 41: (a) Adopt Resolution No. 2008 -XX — Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 38 for the FY 2007-08. Recommended Action: Continue Public Hearing to July 1, 2008. JUNE 17, 2008 PAGE 9 (b) Adopt Resolution No. 2008 -XX — Levying an Assessment on City Diamond Bar Landscaping Assessment District No. 39 for the FY 2007-08. Recommended Action: Continue Public Hearing to July 1, 2008. (c) Adopt Resolution No. 2008 -XX — Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 41 for the FY 2007-08. Recommended Action: Continue Public Hearing to July 1, 2008. Requested by: Public Works Department 8. COUNCIL CONSIDERATION: 8.1 Report on the Diamond Ride (Dial-A-Cab)Program Recommended Action: Direct Staff as necessary. Requested by: Public Works Department 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION ' JUNE 3, 2008 t iu T STUDY SESSION: M/Tanaka called the Study Session to order at 5:16 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett (telephonically) and Mayor Tanaka. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Mike Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Susan Full, Senior Accountant; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ken Desforges, IS Director; Ryan McLean, Assistant to City Manager; Anthony Santos, Management Analyst; Joyce Lee, Sr. Management Analyst; Rick Yee, Senior Engineer; Kimberly Molina; Associate Engineer; Vicki Cross, Human Resources Manager, and Tommye Cribbins, City Clerk. Also Present: Lt. Maxey ► DISCUSSION AND ACTION REGARDING FISCAL YEAR 2008-2009 BUDGET: (Continued from May 20, 2008). CM/DeStefano gave a brief update and spoke about the most recent General Fund resource needs of $21,150,000 with appropriations estimated at $19,257,000. Staff anticipates about $1.9 million into the General Fund as a result of this year's efforts that includes the sale of the Summitridge property at a higher value than discussed in Closed Session. A budget adjustment will be included upon sale of the property. Almost every department has seen a variety of budget cuts as a result of this year's process resulting in a $1 million decrease in appropriations from the FY 2007/2008 budget. C/Herrera said that one of her questions to CM/DeStefano was what the City planned to do if it did not receive all of its anticipated revenues. CM/DeStefano stated that staff did not expect those kinds of hits this year because of built in protections. Unless something dramatic happens, D.B. should be protected far more so than in the last several years. Should the City fall into a position of having to find $1 million for example, most likely the City would first look to defer major capital projects and major purchases of equipment or materials that required General Fund dollars. For example, the proposed change -out of several computers could be deferred. Other cities are struggling because they are much more dependent on sales tax and have burdensome retirement systems that are haunting them. Pomona with a full-service city structure has different requirements. Their budget for their police department alone is almost $50 million and for the fire department, almost $22 million. The value of D.B.'s contract structure has served the City extraordinarily well and provided protections. D.B. is far more prepared to weather the storm than many JUNE 3, 2008 PAGE 2 CC STUDY SESSION cities and has significantly more reserves than many cities, which would allow the City to weather a $1 million hit were it to be required. CM/DeStefano responded to C/Chang that the fire services are provided via the district that covers the area. D.B. property owners pay $50-75 per parcel directly to the County through property taxes to pay for fire services. The $11,000 is primarily for the Tres Hermanos "Wildland Fire Fee." C/Chang asked for an explanation of the Special Fund budget total. D/Magnuson responded roughly $7 million. CM/DeStefano said that a couple of Council Members asked about establishment of rates for Lighting and Landscape Districts for next year. He explained that the rates are not changing because it requires an election and the Council has not made a decision yet. The subcommittee is investigating the matter and will need a few more months in order to bring the results to the Council. The solid waste special funds have also been diminishing overtime because they were based on the AB 939 fee which was set many years ago. One of the action items this evening is consideration of eliminating support of the solid waste special funds. MPT/Everett asked about tree maintenance and Public Safety. CM/DeStefano said that this year staff is recommending the City scale back from a two-year to five-year tree -trimming cycle to save about $100,000 per year. ACM/Doyle responding to MPT/Everett indicated that the $200,000 safety cut was to eliminate a fourth motorcycle officer. Because COPS funds are drying up and the City will no longer be receiving funds to pay for a particular special funds deputy, staff is recommending that the deputy remain on the public safety policing team and be rotated back into the patrol function. CM/DeStefano responded to C/Chang that there are budget decreases throughout the document that add up to the total $1 million decrease. With no further questions, M/Tanaka went on to the second item on the agenda. 00. DISCUSSION AND ACTION REGARDING GOALS AND OBJECTIVES REPORT FOR FISCAL YEAR 2008/09: (Continued from May 20, 2008). CM/DeStefano updated the Council on the revised list MPT/Everett suggested that the wording regarding sustainability be enhanced JUNE 3, 2008 PAGE 3 CC STUDY SESSION C/Herrera said it seemed to her that the language suggested by staff would be a step 1 focus whereas what MPT/Everett proposes is a Step 2 and Step 3 strategy. She recommended that Council proceed carefully with one step at a time. MPT/Everett felt that it should be all encompassing. (Following discussion it was decided not to change the wording. M/Tanaka responding to MPT/Everett stated that the four priority projects would be listed in parentheses after the third bullet under transportation. C/Tye felt that under Traffic Mitigation, bullet 5 Neighborhood Traffic Management Plan should indicate that action will be taken when needed. CM/DeStefano indicated that staff would "wordsmith" that sentence. C/Herrera complimented staff on the preparation of the budget and goals. CM/DeStefano thanked department heads and division managers for their assistance in refining the budget and refining their focus on goals. PUBLIC COMMENTS: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Tanaka adjourned the Study Session at 5:50 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this JACK TANAKA, Mayor day of 2008. Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 3, 2008 CLOSED SESSION: 5:00 p.m. — Room CC -8 DRAFT Public Comments on Closed Session Agenda ► Government Code Section 54956.8 — Conference with Real Property Negotiator Property Address: Agency Negotiator: Under Negotiation: Summitridge Mini -Park APN#8701013902 City Manager Price and Terms STUDY SESSION: 5:16 P.M. — Room CC -8 ► Discussion and Action Regarding Fiscal Year 2008/2009 Budget: (Continued from May 20, 2008). ► Discussion and Action Regarding Goals and Objectives Report for Fiscal Year 2008/2009: (Continued from May 20, 2008). Public Comments: None Offered Adjourned to Regular Meeting at 5:50 p.m. CALL TO ORDER: Mayor Tanaka called the regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: D.B. Troop 737 presented the colors and led the Pledge of Allegiance. INVOCATION: Darlene Jones, Outreach Pastor, Diamond Canyon Christian Church gave the invocation. CM/DeStefano reported that from the Closed Session there was no reportable action. Further, CM/DeStefano reported that during the Study Session the City Council worked with staff on last minute budget items and questions in preparation for adopting the Budget later this evening. In addition, the City Council finalized its Goals and Objectives, a component of the budget process. ROLL CALL: Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett (telephonically) and Mayor Tanaka. JUNE 3, 2008 PAGE 2 CITY COUNCIL Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Mike Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ryan McLean, Assistant to City Manager; Rick Yee, Senior Engineer; Joyce Lee, Senior Management Analyst; Vicki Cross, Human Resources Manager; Anthony Santos, Management Analyst; Patrick Gallegos, Management Analyst; Marsha Roa, Public Information Manager; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH 1.1 M/Tanaka presented City Tile to Ken's Ace Hardware, 303 S. Diamond Bar Boulevard as Business of the Month for June 2008. MTanaka advised that he would deliver the Tile to Ken's Ace Hardware. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Carolyn Anderson reminded residents that if they have a damaged or broken cart they are entitled to free replacement by calling 1-800-266-7551. In addition, residents are entitled to have four bulky item pickups per year which is included in the monthly rate — any items up to three cubic yards that do not fit into the regular, recycling or green waste carts. 4. RESPONSE TO PUBLIC COMMENTS: None 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — June 10, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.2 Traffic and Transportation Commission Meeting — June 12, 2008 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 Free Electronic Waste Collection Event — June 14 & 15, 2008 — 9:00 a.m. — 4:00 p.m., Diamond Bar City Hall, 21865 Copley Drive. 5.4 City Council Meeting — June 17, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. JUNE 3, 2008 PAGE 3 CITY COUNCIL FISCAL YEAR 2008-2009 MUNICIPAL BUDGET REVIEW AND COUNCIL CONSIDERATION: ADOPT RESOLUTION NO. 2008-17; APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2008 AND ENDING JUNE 30, 2009 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. C/Herrera felt that staff had done a good job informing the City Council on the various budget considerations during past Study Sessions. She said she was pleased with staff's proposed budgets. Many nearby cities are struggling with their budgets and finding it necessary to cut many items. D.B. is in a very good fiscal position with healthy reserves and a balanced budget due to fiscally prudent policies and excellent management on the part of both City Council and staff. She congratulated staff for the hard work in preparing the proposed budget. C/Tye hoped that citizens would realize how hard staff and Council had worked to put together a good budget and how much the Council appreciates that staff spends the City's money as if it were their own. Since the Council last met Vallejo filed for bankruptcy and West Covina is grappling with budget shortfalls. This and previous Councils have been in the habit of making sure that the City's budget is in order. C/Chang said that staff and the Council had spent several months preparing the budget. The City's resources are somewhat limited due to the lack of industrialization, commercialization and lack of a redevelopment agency. In spite of that, D.B. should be very proud of the way it conducts business with a balanced budget. The City's Councils and staff have worked together over the years in the best interest of its residents. MPT/Everett commented that by good planning the City has been able to preserve its resources and supported the budget as presented this evening. M/Tanaka thanked staff for an outstanding budget and his colleagues for their support and diligence. There was no one present who wished to speak on this matter. C/Herrera moved, C/Chang seconded, to adopt Resolution No. 2008-17; Approving and Adopting a Budget for the Fiscal year commenting July 1, 2008 ending June 30, 2009 including Maintenance and Operations, Special Funds and Capital Improvements and Appropriating Funds for Accounts, Departments, Divisions, Objects and Purposes therein set forth. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chang, Herrera, Tye, MPT/Everett (telephonically), M/Tanaka None None JUNE 3, 2008 PAGE 4 CITY COUNCIL 6. CONSENT CALENDAR: C/Tye moved, C/Herrera seconded, to approve the Consent Calendar with the exception of Items 6.1(b) and 6.15. Motion carried by the following Roll Call: 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MEETING MINUTES — Regular meeting of April 24, 2008. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES: 6.3.1 Regular Meeting of March 13, 2008. 6.3.2 Regular Meeting of April 10, 2008. 6.4 RATIFIED CHECK REGISTER —dated May 15, 2008 through May 28, 2008 totaling $704,837. 6.5 APPROVED TREASURER'S STATEMENT — Month of April 2008 6.6 ADOPTED RESOLUTION NO. 2008-18: SETTING THE PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FISCAL YEAR 2008-2009 IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE. 6.7 ADOPTED RESOLUTION NO. 2008-19: ADOPTING THE STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2008-2009. 6.8 ADOPTED RESOLUTION NO. 2008-20: ESTABLISHING A COMPENSATION PLAN CONSISTING OF SALARY RANGES FOR ALL CLASSES OF EMPLOYMENT AND BENEFITS FOR ALL CLASSES OF EMPLOYMENT EFFECTIVE JULY 1, 2008; RESCINDING RESOLUTION NO. 2007-46, IN ITS ENTIRETY. 6.9 a) ADOPTED RESOLUTION NO. 2008-21: DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENT FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 17, 2008 REGULAR MEETING. b) ADOPTED RESOLUTION NO. 2008-22: DECLARING THE CITY'S INTENTION TO LEVYAND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT ITS JUNE 17, 2008 REGULAR MEETING. JUNE 3, 2008 PAGE 5 CITY COUNCIL c) ADOPTED RESOLUTION NO. 2008-23: DECLARING THE CITY'S INTENTION TO LEVYAND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT ITS JUNE 17, 2008 REGULAR MEETING. 6.10 CONTRACT AMENDMENTS FOR COMMUNITY SERVICES DEPARTMENT: a) APPROVED CONTRACT AMENDMENT NO. 7 WITH EXCEL LANDSCAPING FOR LANDSCAPE MAINTENANCE SERVICES AT LIGHTING AND LANDSCAPING MAINTENANCE DISTRICTS #38, #39 AND #41 FOR THE 2008/2009 FISCAL YEAR IN THE AMOUNT OF $302,195; INCLUDING CPI INCREASE OF 3.1% AND A CONTINGENCY AMOUNT OF $34,000 FOR AS -NEEDED WORK, FOR A TOTAL AUTHORIZATION OF $336,195 FOR FISCAL YEAR 2008/2009. b) APPROVED CONTRACT AMENDMENT NO. 4 TO EXTEND THE VENDOR SERVICES CONTRACT WITH D.H. MAINTENANCE SERVICES FOR THE TERM OF JULY 1, 2008 THROUGH JUNE 30, 2009 TO PROVIDE JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM IN THE AMOUNT OF $155,832 AND AS -NEEDED WORK IN THE AMOUNT OF $75,000 FOR A TOTAL AUTHORIZATION NOT -TO -EXCEED $230,832 FOR FISCAL YEAR 2008/2009. C) APPROVED CONTRACT AMENDMENT NO. 8 TO EXTEND THE VENDOR SERVICES CONTRACT WITH VALLEYCREST LANDSCAPE MAINTENANCE FOR THE TERM OF JULY 1, 2008 THROUGH JUNE 30, 2009 TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT NINE (9) CITY PARKS, THE GROUNDS OF THE DIAMOND BAR CENTER, THE FOOTBALL FIELD AND SLOPE AT LORBEER MIDDLE SCHOOL, AND THE TRAIL/TRAIL HEAD AT SYCAMORE CANYON PARK, WITH A C.P.I. INCREASE OF 4% FOR AN ANNUAL AMOUNT OF $362,995 PLUS AS - NEEDED WORK IN THE AMOUNT OF $110,000 FOR A TOTAL AUTHORIZATION NOT TO EXCEED $472,995 FOR FISCAL YEAR 2008- 2009. d) APPROVED CONTRACT AMENDMENT NO.4 TO THE CONTRACT WITH WEST COAST ARBORISTS FOR CITYWIDE TREE MAINTENANCE AND WATERING SERVICES FOR THE 2008/2009 FISCAL YEAR IN THE AMOUNT NO -TO -EXCEED $177,800 INCLUDING A 3.1% C.P.I UNIT PRICE INCREASE. 6.11 APPROVED EXTENSION OF CONTRACT WITH MCE CORPORATION FOR THREE YEARS (FISCAL YEAR 2008-2009; FISCAL YEAR 2009-2010, AND FISCAL YEAR 2010-2011) FOR STREET MAINTENANCE SERVICES. JUNE 3, 2008 PAGE 6 CITY COUNCIL 6.12 a) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE GRAND AVENUE STREET IMPROVEMENTS PROJECT, PHASE III IN THE AMOUNT OF $1,098,901 TO HARDY & HARPER, INC. AND AUTHORIZED A CONTINGENCY AMOUNT OF $100,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $1,198,901. b) APPROVED CONTRACT AMENDMENT WITH DMS CONSULTANTS, INC. (DMS) FOR CONSTRUCTION MANAGEMENT SERVICES IN THE AMOUNT OF $121,320 PLUS A CONTINGENCY AMOUNT OF $10,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $131,320 FOR THE GRAND AVENUE STREET IMPROVEMENTS PROJECT, PHASE III. 6.13 INCREASED THE APPROPRIATION FOR THE TRAFFIC MANAGEMENT SYSTEM PROJECT IN THE CAPITAL IMPROVEMENT FUND BY $3,650 TO BE FUNDED WITH AN INCREASE IN ESTIMATED REVENUE FROM L.A. COUNTY AND APPROVED CONTRACT AMENDMENT WITH TRANSCORE ITS, LLC FOR PROCUREMENT OF ETHERNET BASED COMMUNICATIONS EQUIPMENT FOR THE TRAFFIC MANAGEMENT SYSTEM IN THE AMOUNT OF $93,650. 6.14 ADOPTED RESOLUTION NO. 2008-24: INSTALLING 350 FEET OF RED CURB SOUTH OF THE CURB RETURN AT THE ENTRYWAY OF THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT (WVUSD) ALONG THE EAST SIDE OF LEMON AVENUE. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1(b) C/Tye asked that the Minutes reflect that M/Tanaka presented a City Tile to Minuteman Press and not he. 6.15 ADOPTED RESOLUTION NO. 2008-25: SUPPORTING AB844 (BERRYHILL), REQUIRING SCRAP METAL DEALERS AND RECYCLERS TO COMPLY WITH ADDITIONAL RECORD-KEEPING AND IDENTIFICATION PROCEDURES TO ENSURE THEY ARE NOT PURCHASING STOLEN MATERIALS. C/Chang commented on this item. C/Chang moved, C/Tye seconded to approve the Minutes as corrected; and, adopt Resolution No. 2008-25. Motion carried bythe following Roll Call vote: JUNE 3, 2008 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: Chang, Herrera, Tye, MPT/Everett (telephonically), M/Tanaka None None 8.1 ADOPT RESOLUTION NO. 2008-26: AMENDING AB939 FEES FOR INTEGRATED WASTE MANAGEMENT PLAN/PROGRAM. PWD/Liu reported that Assembly Bill 939 also known as the California Integrated Waste Management Act of 1989, established a solid waste mandate that required cities to implement plans and programs for source reduction, reuse and recycling as integrated waste management practices. To offset the cost of preparing and implementing a plan, the City in 1990 established AB939 fees for residential and commercial accounts. In 2000 the fee was increased from 35 to 75 cents per residential subscriber and the commercial rates remained at the 1990 rate of $6 per bin and $40 per roll offs. While costs for these programs have increased over the years, fees have not been adjusted to meet the increase. At present the City collects an annual average of $215,000 of ABA939 fees. These funds are used to pay for reporting, monitoring of recycling programs, educational outreach activities, giveaways, publications, construction and demolition debris, sharps disposals, street sweeping, street sweeping debris composting, household hazardous waste and drainage device maintenance and cleaning. The street sweeping and storm drain cleaning programs alone totaled $185,000 for fiscal year 2007/2008. In reviewing budgets for the past three years staff noticed the revenue shortage for fiscal years 05, 06 and 07 in the amount of $95,519, 170,643 and $219,082 respectively. In order to update the ABA939 fees in an amount sufficient to pay for the cost for preparing and implementing the City's integrated waste management plan and program, the adjustment to the ABA939 fees are proposed to be an increase to $1.25 for residential, $12 per bin and $50 per residential roll offs. The adjustments would result in a new monthly total of $21,140 for residential and $17,688 for the commercial/multi-family sector. Staff recommends that the City Council Adopt Resolution No. 2008-26 to help offset the cost of the City's integrated waste management plan and program. M/Tanaka opened the item for public comment. No one spoke on this item. JUNE 3, 2008 PAGE 8 CITY COUNCIL 9K C/Herrera moved, C/Chang seconded to adopt Resolution No. 2008-26. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett (telephonically), M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None APPROVE VALLEY VISTA SERVICES RATE ADJUSTEMENTS FOR CPI AND DISPOSAL COSTS. SMA/Lee stated that in August 2000 the City Council awarded an exclusive contract to Valley Vista Services to collect refuse and recyclables in the commercial/multi-family sectors. The contract with Valley Vista stipulates that the contractor can adjust rates to account for CPI, disposal and fuel. In April 2008 Valley Vista submitted its annual request for adjustments to the existing rates. For 2008/2009 the rate for a 3 -cubic yard bin collected weekly will be $106.68. The proposed increase when compared with surrounding cities indicates that D.B. commercial rates are among the lowest of the sample cities. Staff recommends that the City Council approve the proposed rate adjustment for Fiscal Year 2008/2009. M/Tanaka opened the item for public comment. No one present spoke on this matter. C/Chang commented on this item and explained how the increase was calculated. C/Chang moved, C/Herrera seconded, to approve Valley Vista Services' Rate Adjustment for CPI and Disposal Costs. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett (telephonically), M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None APPROVE WASTE MANAGEMENT'S RATE ADJUSTEMENTS FOR CPI AND DISPOSAL COSTS. SMA/Lee reported that in August 2000 the City Council awarded an exclusive contract to Waste Management Services to collect refuse and recyclables in the residential sector. The contract stipulates that the contractor can adjust rates to account for CPI, disposal and fuel. In April 2008 Waste Management submitted its annual request for adjustments to existing rates. The combined increase and the approved ABA939 fees have been reviewed and have been found to be accurate and within industry and area standards JUNE 8, 2008 PAGE 9 CITY COUNCIL compared to neighboring cities. When compared with surrounding cities the proposed increase is in the median range and staff recommends approval of the rate adjustment proposed by Waste Management. M/Tanaka opened the item for public input. No one who spoke on this matter. C/Chang explained the proposed adjustment. C/Chang moved, C/Herrera seconded, to approve Waste Management's Rate Adjustments for CPI and Disposal Costs. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett (telephonically), M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera congratulated Ken's Hardware, a business that D.B. has enjoyed for many years. She was happy that the Council approved its budget, a matter most important to the City and its residents. The City hopes to get the anticipated revenues since D.B. has lost Diamond Bar Honda resulting in a loss of $500,000 in sales tax revenue. D.B. needs to work diligently to bring new businesses to the City in order to continue providing residents with the programs and services to which they have grown accustomed. D.B. was able to balance its budget without cutting its programs and services. She was happy to report that D.B. was fiscally sound. She hoped everyone voted. C/Chang said that Ken's Ace Hardware was a success story because many big box stores have driven small hardware stores out of business. He was pleased that the City Council passed a solid budget this evening and explained its content. This year the City's income will be lower by about $1.2 million. However, staff has managed to reduce the expenditures by about $1 million without sacrificing City services. C/Tye hoped that everyone would participate in the Relay for Life this weekend at Lorbeer Middle School and support Bridgette del Rio Cortez who lost her husband to this disease in April. He reiterated the Council's appreciation to department heads for the hard work that went into trimming the budget. He thanked staff for their hard work; especially to Esmmy Magallanes for the service she provided for an individual through Building & Safety who took time to write and thank her. He congratulated the Diamond Ranch Varsity Baseball team that made it to CIF. Last weekend the Council attended the California Contract Cities Conference and learned more about "being green". The City will have an opportunity to transition to CNG or hybrid vehicles and suggested that the waste providers come to a Council JUNE 3, 2008 PAGE 10 CITY COUNCIL Meeting to explain what use of those vehicles means to the community. MPT/Everett strongly echoed comments made by his colleagues about the very hard work on the part of staff to create a balanced budget that protects the City of D.B. MPT/Everett went on to speak about the various events he attended. M/Tanaka thanked staff for their hard work on the budget and that it was Council's pleasure to approve the budget. He thanked Troop 737 for presentation of the Colors and Pledge of Allegiance this evening. The Relay for Life is scheduled for Saturday and Sunday June 7 and 8 at the field at Lorbeer Middle School. He attended the Chamber Mixer hosted by Walnut Valley Water District concentrating on Water Awareness Month; Council attended a VIP reception at the Shoppes in Chino Hills and congratulated Chino Hills on this exciting project. D.B.H.S. held a sober graduation presentation; the Relay for Life held a fundraiser; he and MPT/Everett attended the International Taikwando Festival 2008 in the City of Industry; Sheriff Lee Baca hosted the 39th Annual LA County Peace Officers Memorial Service and a talent show, showcasing class participants was held at the Diamond Bar Center. Last weekend the City Council attended the California Contract Cities Municipal Seminar to learn about how cities can work to bring green elements into developments. This afternoon Kmart held a ribbon -cutting ceremony in coordination with the Regional Chamber of Commerce of the San Gabriel Valley. He thanked Valley Vista and Waste Management for their service to D.B. ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the regular City Council meeting at 7:48 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2008. JACK TANAKA, MAYOR Agenda No. 6.2(a) MINUTES OF THE CITY OF DIAMOND BAR HOUSING ELEMENT WORKSHOP OF THE PLANNING COMMISSION MAY 13, 2008 CALL TO ORDER: Chairman Nelson called the meeting to order at 6:00 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah and Vice Chairman Tony Torng, Chairman Steve Nelson Also present: Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ann Lungu, Associate Planner; Greg Kovacevich, Assistant City Attorney; Anthony Santos, Management Analyst; and Stella Marquez, Senior Administrative Assistant. A DRAFT 2008 HOUSING ELEMENT PRESENTATION: John Douglas, Planning Consultant, presented staff's report contained in the handouts. He stated that the updates to the Housing Element are required by state law and has a due date of June 2008. The Housing Element is unique among all General Plan elements because the State has a strong role in its process. The timeframe for the update is from now through 2014. Under state law every jurisdiction is required to submit their Housing Element to the state for review and HCD will provide a response letter to the jurisdiction indicating whether it believes the jurisdiction has complied with state law and therefore certifies the element. He outlined the requirements of the Housing Element using a slide presentation. C/Nolan asked if the element referred to new construction or available housing and Mr. Douglas responded "new construction" with one exception that under some circumstances a jurisdiction can account for up to a quarter of its construction needs through the rehabilitation of existing housing or by providing financial guarantees. CDD/Fong stated that staff appealed the Regional Housing Needs Assessment (RHNA) .number with SCAG because Diamond Bar is built out and does not have land available for development. Land that is available is constrained by slopes and sensitive habitat. Staff attempted to convince SCAG that it would not be able to achieve the RHNA number of 1,090 units. However, the City's appeal was denied. Therefore, the City is trapped with the 1,090 units. Staff used that figure as the basis for identifying suitable land area for building new units. The Tres Hermanos MAY 13, 2008 PAGE 2 PLANNING COMMISSION area is about 720 acres and is owned by the City of Industry and may provide the City an opportunity to satisfy the required number of units. Site D may offer an opportunity for additional new housing units. Staff identified other smaller parcels that have opportunities for new housing. Altogether the City maybe able to achieve the RHNA number. VC/Torng thought it was not fair that Chino Hills and Diamond Bar had the same number. CDD/Fong said she included Chino Hills as part of the comparison. VC/Torng asked what would happen if the City could not meet the numbers. Mr. Douglas said he would address that question as he continued with his presentation. In short, if there is not enough land some type of action can be taken to increase the capacity. CDD/Fong said the key is that when the City submits the Housing Element to the state it must demonstrate that even if there are not enough sites now that the City has an action program that within a year or two the City will relook at sites to determine potential zoning changes to allow for more density, etc. C/Nolan asked if group homes were included in the unit count. Mr. Douglas responded that group homes are discussed in Chapter 4 of the Housing Elements. The Housing Element is required to look at the City's regulations regarding density bonus, secondary residential units, emergency shelters, group homes, etc. CDD/Fong said that local control of residential group homes are pre-empted so to most residential districts you are allowed to have group homes. An opportunity is include emergency shelters as part of the group homes. Mr. Douglas responded to C/Lee that the state law focuses on the things that cities have control over and that is zoning standards, processing fees, etc., i.e., the land, allowable densities and so forth. There are very serious consequences if a jurisdiction does not apply enough land at appropriate densities. At the other end of the spectrum of what actually happens, since cities do not build housing they have much less control over what actually happens. Cities can zone properties the correct way, offer incentives, and density bonuses and still not get the desired results. Generally speaking, cities are not penalized for that. But they are expected to look at what has happened and analyze whether anything could have been done differently and determine whether there were any constraints in the city's regulations that impeded development of affordable housing and at that point cities are required to make adjustments to make it easier for affordable housing to be built. Many cities do not achieve their target numbers. Affordable housing is difficult because it requires a lot of money and effort. C/Lee asked if the state was required to provide matching funds in order to help cities achieve their goals. Mr. Douglas said if there were grant funds he bottom line is, has the citd have to y Izonfor ed p properly forlot grants competitive. r highdensity and if MAY 13, 2008 PAGE 3 PLANNING COMMISSION not, the Housing Element will not be certified. Although state certification of the Housing Element is the goal, there is no automatic consequence for not receive state certification. CDD/Fong said if the City cannot make the case that grant funds are consistent with the General Plan the City will not be able to get a grant so it is important for the City to have a certified Housing Element. Mr. Douglas responded to C/Lee that the focus is on the availability of the land more so than the house. CDD/Fong responded to C/Lee that if land is owned by another jurisdiction, Diamond Bar cannot arbitrarily annex it. However, in the unincorporated area Diamond Bar must first establish a sphere of influence and then annex the property. There may be opportunities for Diamond Bar to proceed with this type of plan with respect to the AERA proposal. Mr. Douglas said he would be back in two weeks to answer any question during the second Housing Element Workshop. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the Housing Element Workshop at 6:58 p.m. Attest: Respectfully Submitted, Nancy Fong, Com pity Development Director eve Nelson, Chairman Agenda No. 6.2(b) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 13, 2008 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:11 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Torng 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; David Meyer, Planning Consultant; Greg Kovacevich, Assistant City Attorney; Anthony Santos, Management Analyst; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of April 22, 2008. VC/Torng moved, C/Shah seconded to approve the April 22, 2008, Minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Shah, Lee, Nolan, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: 6.1 Comprehensive Sign Program No. 2007-01 — Under the authority of Development Code Section 22.36, the applicant requested approval of a comprehensive sign program MAY 13, 2008 PAGE 2 PLANNING COMMISSION 7. Project Address: 1196 Diamond Bar Boulevard Diamond Bar, CA 91765 Property Owner: Bank of America 3424 Peachtree Road NE, Suite 300 Atlanta, GA 30326 Applicant: Coast Sign 1500 W. Embassy Street Anaheim, CA 92802 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Comprehensive Sign Program No. 2007-01, findings of Fact, and conditions of approval as listed within the resolution. There was no one present who wished to speak on this matter. C/Lee moved, C/Nolan seconded, to approve Comprehensive Sign Program No. 2007-01, Findings of Fact, and subject to conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None PUBLIC HEARINGS: 7.1 Development Review No. 2007-06 — Under the authority of Development Code Section 22.48, the applicant requested approval of plans to construct a new three-story 7,888 square foot single-family residence with attached 6 -car 1440 square foot garage. The proposed project included the removal of twelve (12) mature trees. The subject property is zoned RR (R-1 20,000) and contains 73,120 gross square feet of land area (1.67 acres). Project Address: 2502 Razzak Circle Diamond Bar, CA 91765 Project Owner: Wasif Siddique 11076 Venture Drive Mira Loma, CA 91752 MAY 13, 2008 PAGE 3 PLANNING COMMISSION Applicant: Bob Larivee Award Winning Designs 17 Rue Du Chateau Aliso Viejo, CA 92656 PC/Meyer presented staff's report and recommended Planning Commission approval of Development Review No. 2007-06, Findings of Fact, and conditions of approval as listed within the resolution. PC/Meyer reiterated to Chair/Nelson clarification on a possible second unit in the future. With respect to replacement trees, the protected trees will be replaced in-kind and the remaining trees would have to comply with the fire department's fuel modification plan that restricts certain types of trees such as Eucalyptus trees. VC/Torng questioned the 60 feet by 28 feet architectural modification. PC/Meyer explained that staff was reluctant to act as "designers" of the project. Staffs intent was to motivate the architect to use his architectural ability to improve the appearance of the wall unless the Planning Commission likes the design and feels it is consistent with the City's design guidelines. Chair/Nelson opened the public hearing. Bob Larivee, architect, stated that he was available to respond to questions and concerns. C/Nolan asked if the applicant had agreed to not include the cooking facility in the second unit. Mr. Larivee responded that in response to staff the area was termed "snack bar" and not a second unit. C/Nolan asked if the applicant agreed to omit the ability to cook and he responded that he was fine with that requirement — that it was a non -issue. Chair/Nelson asked Mr. Larivee if he had difficulty with any of the other conditions. Mr. Larivee responded that he was concerned about the architectural elevation. Mr. Larivee hesitates to modifythe design per staffs suggestion because it changes it to a different style and architecture. There may be some possibility of change but doubts it and is satisfied with the design. Mr. Larivee responded that reducing the driveway width from 24 ft. MAY 13, 2008 PAGE 4 PLANNING COMMISSION to 14 ft. is not a problem. Mr. Larivee reviewed the landscape plans with staff and completed the tree permit application and has no objection to the tree replacement or requirements. Steve Sohus, General Manager of The Country Estates refers to a letter submitted to the Commission claiming that The Country Estates Homeowners Association has an easement for roadway and slope maintenance purposes at the rear of the subject property. PC/Meyer explained the project does not impact the slope easement. It is not within the area. ACA/Kovacevich explained that the claims regarding the easement were a civil matter between the property owner and the homeowners association. Chair/Nelson closed the public hearing. C/Shah comments that the condition to add a design element to the side wall would have no aesthetic value. He recommends that the condition be removed. Chair/Nelson recommends that language be included to Item A.5 to read "in kind or of the same species to be removed subject to L.A. County Fire Department fuel modification requirements." C/Nolan moved, C/Shah seconded, to approve Development Review No. 2007-06, Finding of Facts and conditions of approval as listed within the resolution, with the recommendation to remove Condition 10 and include additional language regarding the tree requirements in Item 5. Chair/Nelson asked C/Shah to clarify his recommendation to remove Item 10. C/Shah responded that the design modification is not a requirement and is an architecture privilege of the designer. There is no requirement to do otherwise and it is only a case of personal opinion. AYES: COMMISSIONERS: Nolan, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: Lee ABSENT COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: MAY 13, 2008 PAGE 5 PLANNING COMMISSION 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Fong announced that Ann Lungu would retire the end of May. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:40 p.m. Attest: Respectfully Submitted, Nanc Fong, C mmunit Development Director �3� &, bJe-ve'Nelson, Chairman CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6.3 Meeting Date: June 17, 2008 AGENDA REPORT FROM: James DeStefano, City Mara ' TITLE: Ratification of Check Register da d May 29, 2008 through June 11, 2008 totaling $1,359,763.85. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,359,763.85 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 May 29, 2008 through June 11, 2008 for $1,359,763.85 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 Finance ii ctor Assistant City Manager Attachments: Affidavit and Check Register — 05/29/08 through 06/11/08. 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 May 29, 2008 through June 11, 2008 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,204,019.48 Prop A - Transit Fund 8,849.55 Int. Waste Mgt Fund 5,462.33 AB2766 - AQMD Fund 1,200.65 CDBG Fund 16,790.85 LLAD 38 Fund 2,337.72 LLAD 39 Fund 1,128.78 LLAD 41 Fund 82922 Capital Improvement Project Fund _ 119,145.27 $1,359,763.85 Signed: Linda G. Maghun Finance Director City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 5/29/2008 08 -PP 11 PAYROLL TRANSFER P/R TRANSFER-08/PP 11 118 10200 1,200.65 $152,379.31 5/29/2008 80380 PAYROLL TRANSFER P/R TRANSFER-08/PP 11 125 10200 1,230.85 $350.00 5/29/2008 PAYROLL TRANSFER P/R TRANSFER-08/PP 11 001 10200 140,096.69 5/29/2008 80381 PAYROLL TRANSFER P/R TRANSFER-08/PP 11 112 10200 4,449.04 $375.00 5/29/2008 PAYROLL TRANSFER P/R TRANSFER-08/PP 11 115 10200 5,402.08 5/29/2008 1 80379 AGI ACADEMY CORP CONTRACT CLASS -SPRING 1 0015350 1 45320 1 1,584.001 $1,584.00 5/29/2008 1 EXPRESS MAIL -GENERAL 0014090 42120 263.92 5/29/2008 1 80380 BROOKE ALLEN FACILITY RENTAL -DBC 1 001 1 23002 1 350.00 $350.00 5/29/2008 1 80381 JARMIJO NEWSPAPER & PR AD -STATE OF CITY/EGG HUNT 1 0014095 1 42115 1 375.00 $375.00 5/29/2008 1 80382 JASSOCIATED POWER SUPPLIES -COMM SVCS 1 0015350 1 42353 1 1,840.251 $1,840.25 5/29/2008 80383 IKIN DING AU RECREATION REFUND 1 001 1 34780 1 70.001 $70.00 5/29/2008 80384 JAUDIO VISUAL INNOVATIONS AV EQ REPAIR -DBC 1 0015333 1 42210 1 643.311 $643.31 5/29/2008 1 80385 IJOHN E BISHOP CONTRACT CLASS -SPRING 1 0015350 1 45320 1 681.00 $681.00 5/29/2008 1 80386 JCDW GOVERNMENT INC. EQ-I.T. 1 0014070 1 41300 1 207.20 $207.20 5/29/2008 1 80387 JDAVID J. GRUNDY P & R COMM -MAR 08 1 0015350 1 44100 1 45.001 $45.00 5/29/2008 1 80388 JDAY & NITE COPY CENTER IPRINT SVCS -RECREATION 0015350 1 41200 1 653.51 $653.51 5/29/2008 1 80389 IDENNIS CAROL PROF.SVCS-CC MTG 0014030 1 44000 1 150.001 $150.00 5/29/2008 1 80390 IDOG DEALERS INC CONTRACT CLASS -SPRING 0015350 1 45320 1 120.60 $120.60 5/29/2008 1 80391 1PERLITA ESPARZA RECREATION REFUND 001 1 34780 1 140.00 $140.00 5/29/2008 1 80392 1EXECUTIVE PROMOTIONAL PRODUCTS INC SUPPLIES -FIRST AID KITS 1 0014440 1 41200 1 2,137.211 $2,137.21 5/29/2008 80393 FEDEX IFEDEX EXPRESS MAIL -GENERAL 0014090 42120 147.34 $411.26 5/29/2008 1 EXPRESS MAIL -GENERAL 0014090 42120 263.92 Page 1 City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 5/29/2008 80394 DAVID FERNANDEZ CONTRACT CLASS -SPRING 0015350 45320 1,819.50 $1,819.50 5/29/2008 1 80395 IJASON FORD IFACILITY REFUND -DBC 1 001 1 23002 1 350.001 $350.00 5/29/2008 INLAND EMPIRE STAGES EXCURSION -STRAWBERRY FEST 0015350 45310 1 1,080.00 5/29/2008 1 80396 JDANIEL GARCIA ICONTRACT CLASS -SPRING 1 0015350 45320 1 510.00 $510.00 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -APR 08 1125553 45402 135.15 5/29/2008 1 80397 IGM BUSINESS INTERIORS CHAIRS -CITY HALL 0015510 1 46220 1 739.081 $739.08 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -MAR 08 1125553 45402 135.15 5/29/2008 1 80398 ILEW HERNDON IP & R COMM -MAR 08 1 0015350 1 44100 1 45.001 $45.00 5/29/2008 80399 JINLAND EMPIRE STAGES TRANS -STRAWBERRY FESTIVAL 1125350 45310 1,155.00 $2,235.00 5/29/2008 INLAND EMPIRE STAGES EXCURSION -STRAWBERRY FEST 0015350 45310 1 1,080.00 5/29/2008 80400 JINLAND VALLEY DAILY BULLETIN LEGAL AD -PUBLIC HEARING 1 0014030 1 42115 1 157.501 $157.50 5/29/2008 LANDS' END BUSINESS OUTFITTERS SUPPLIES -DBC 0015333 1 41200 151.20 5/29/2008 80401 IKYONG JUNG IRECREATION REFUND 1 001 1 34780 1 65.001 $65.00 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -APR 08 1125553 45402 135.15 5/29/2008 80402 IRAKESH KASITYAP T &T COMM -5/9/02 0015510 1 44100 1 45.001 $45.00 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -MAR 08 1125553 45402 135.15 5/29/2008 80403 jKIDZ LOVE SOCCER CONTRACT CLASS -SPRING 0015350 1 45320 1 3,180.601 $3,180.60 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. BACKFILL MOTOR TRNG-MAR 0014411 45402 7,857.67 5/29/2008 1 80404 ILAE ASSOCIATES INC ENGINEERING SVCS -APR 10015510 1 45221 1 —1,990.001 $1,990.00 5/29/2008 80405 LANDS' END BUSINESS OUTFITTERS SUPPLIES-P/INFO 0014095 41400 199.45 $350.65 5/29/2008 LANDS' END BUSINESS OUTFITTERS SUPPLIES -DBC 0015333 1 41200 151.20 5/29/2008 1 80406 IBENNY LIANG IP & R COMM -MAR 08 1 0015350 1 44100 1 45.00 $45.00 5/29/2008 80407 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -APR 08 0014411 45402 6,919.55 $783,171.10 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. BACKFILL MOTOR TRNG-APR 0014411 45402 5,821.83 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. BACKFILL MOTOR TRNG-MAR 0014411 45402 571.47 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -APR 08 1125553 45402 135.15 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. SPCL EVENT-B/DAY PARTY 0014411 45402 1,378.25 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -MAR 08 1125553 45402 135.15 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -MAR 08 0014411 45402 8,054.77 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. BACKFILL MOTOR TRNG-MAR 0014411 45402 7,857.67 5/29/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS -APR 08 0014411 45401 9,240.00 Page 2 City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 5/29/2008 5/29/2008 80407... LOS ANGELES COUNTY SHERIFF'S DEPT. LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -MAR 08 CONTRACT SVCS -APR 08 0014411 0014411 45401 45401 371,528.63 371,528.63 $783,171.10 ... 5/29/2008 1 80408 ANNA MARIA MAGLUNOG IFACILITY REFUND -DBC 001 23002 500.001 $500.00 5/29/2008 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 167.23 5/29/2008 80409 IMCE CORPORATION IVEGETATION CONTROL -APR 0015558 45508 10,250.201 $10,250.20 5/29/2008 80410 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 34.36 $910.08 5/29/2008 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 167.23 5/29/2008 80412 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 87.25 $45.00 5/29/2008 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 121.79 5/29/2008 80416 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 234.12 $45.00 5/29/2008 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WKS 0015510 42110 121.13 5/29/2008 IMINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 144.20 $12,863.66 5/29/2008 80411 JOLYMPIC STAFFING SERVICES TEMP SVCS -WK 5118 1 0015310 44000 79.441 $79.44 5/29/2008 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,346.19 5/29/2008 80412 ITED OWENS P & R COMM -MAR 08 1 0015350 44100 45.001 $45.00 5/29/2008 80413 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 47.43 $23,960.31 5/29/2008 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,346.19 5/29/2008 80415 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,566.69 $149.39 5/29/2008 80414 IPIRATES DINNER ADVENTURE EXCURSION -DAY CAMP 0015350 42410 1,375.001 $1,375.00 5/29/2008 1 80415 IREINBERGER PRINTWERKS IPRINT SVCS -BUS CARDS 0014095 42110 149.391 $149.39 5/29/2008 1 80416 IRUTH M. LOW IP & R COMM -MAR 08 0015350 1 44100 1 45.001 $45.00 5/29/2008 1 80417 ISASAKI TRANSPORTATION SVCS. ENGINEERING SVCS-FEB/MAR 0015510 44000 112,863.6561 $12,863.66 5/29/2008 80418 IMICHAEL SHARPE FACILITY RENTAL -DBC 001 23002 500.001 $500.00 5/29/2008 80419 1JERRYL LYNN SHORT ICONTRACT CLASS -SPRING 1 0015350 45320 1,404.001 $1,404.00 5/29/2008 80420 ISO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL JUN 1 0014090 42140 21,810.601 $21,810.60 Page 3 City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 5/29/2008 80421 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 205.86 $3,559.52 5/29/2008 80424 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 483.74 $706.39 5/29/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 623.96 5/29/2008 80425 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 1,595.20 $265.00 5/29/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 185.83 5/29/2008 80426 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 464.93 $5,388.09 5/29/2008 80422 SPARKLETTS WATER SUPPLIES-C/HALL 0014090 41200 202.36 $212.61 5/29/2008 SPARKLETTS EO RENTAL-C/HALL MAY 0014090 42130 10.25 5/29/2008 80423 STATE DISBURSEMENT UNIT ISLRY ATTCHMT-#0000932977 001 1 21114 1 321.781 $321.78 5/29/2008 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 69.42 5/29/2008 80424 ITHE GAS COMPANY IGAS SVCS -DBC 0015333 1 42126 706.391 $706.39 5/29/2008 VERIZON CALIFORNIA PH.SVCS-PANTERA 0015340 42125 88.01 5/29/2008 80425 JUS HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT SVCS 0014060 1 42345 265.00 $265.00 5/29/2008 80426 VANTAGEPOINT TRNSFR AGNTS-303248 5/30/08-P/R DEDUCTIONS 001 1 21108 5,388.09 $5,388.09 5/29/2008 80427 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 33.72 $279.16 5/29/2008 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 69.42 5/29/2008 VERIZON CALIFORNIA PH.SVCS-HERITAGE 0015340 42125 88.01 5/29/2008 VERIZON CALIFORNIA PH.SVCS-PANTERA 0015340 42125 88.01 5/29/2008 80428 VERIZON WIRELESS -LA CELL CHRGS-DESFORGES 0014070 42125 50.41 $215.98 5/29/2008 VERIZON WIRELESS -LA CELL CHRGS-AZIZ 0014070 42125 50.41 5/29/2008 VERIZON WIRELESS -LA CELL CHRGS-CMGR 0014030 42125 70.75 5/29/2008 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014440 42125 44.27 5/29/2008 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014090 42125 0.14 5/29/2008 1 80429 IVISION SERVICE PLAN IJUNE 08 -VISION PREMIUMS 001 121107 1 1,165.211—$1,165.21 5/29/200880430 WELLS FARGO BANK NPELRA CONF-DOYLE 0014090 42330 1,677.18 $1,752.18 5/29/2008 WELLS FARGO BANK ICEQA MTG-DOYLE 0014030 42330 75.00 5/29/2008 80431 JANGELA WRIGHT FACILITY RENTAL -DBC 1 001 23002 1 100.001 $100.00 Page 4 City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 5/29/2008 80432 PAUL WRIGHT A/V SVCS -P/C, CNCL MAY 0014090 44000 227.50 $227.50 6/5/2008 80433 ADVANCED ELECTRONICS 2 WAY RADIOS -DBC 0015333 41200 1,091.681 $1,091.68 6/5/2008 80434 1ADVANTEC CONSULTING ENGINEERS INC TRAFFC MGMT SVCS -APR 08 1 0015510 1 44000 605.00 $605.00 6/5/2008 80435 JAJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATE 0014090 41200 19.77 $19.77 6/5/2008 80436 MAHIN ALAVI IRECREATION REFUND 1 001 34720 65.001 $65.00 6/5/2008 80437 JAMERICAN GEOTECHNICAL INC REIMB-PRINT SVCS 0014090 1 42110 86.961 $86.96 6/5/2008 80438 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 101.76 $919.97 6/5/2008 80442 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 336.55 $100.00 6/5/2008 80443 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 481.66 $29.00 6/5/2008 80439 ARROWHEAD SUPPLIES -DBC 0015333 1 41200 1 46.97 $46.97 6/5/2008 80440 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 04-463 001 23012 72.00 $1,460.00 6/5/2008 80442 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 04-463 001 34650 -72.00 $100.00 6/5/2008 80443 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-580 001 23012 660.00 $29.00 6/5/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-580 001 23012 118.80 6/5/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-580 001 34650 -118.80 6/5/2008 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 04-463 001 23012 400.00 6/5/2008 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 02-348 001 23012 30.00 6/5/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 02-348 001 23012 5.40 6/5/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 02-348 001 34650 -5.40 6/5/2008 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-589 001 23012 370.00 6/5/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-589 001 23012 66.60 6/5/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-589 001 34650 -66.60 6/5/2008 80441 IATiT MOBILITY CELL CHRGS-POOL VEH 0014090 42125 32.191 $32.19 6/5/2008 80442 JESTRELLA BAUTISTA IFACILITY REFUND -DBC 001 23002 100.00 $100.00 6/5/2008 80443 IBENESYST ADMIN CHRG-H/R 0014060 42346 29.001 $29.00 Page 5 City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 660.70 Amount 6/5/2008 80444 BIG BEAR ENTERPRISES LLC EXCURSION -BIG BEAR LAKE 0015350 45310 20.97 1 100.00 Total Check Amount $100.00 6/5/2008 80445 BUSINESS OUTFITTERS SUPPLIES -COUNCIL 1 0014010 1 41200 660.70 $660.70 6/5/2008 MAINTENANCE JANITORIAL SVCS -PARKS 0015340 42210 735.17 20.97 6/5/2008 6/5/2008 80446 CARD IMAGING COMP MAINT-DIAL A RIDE 1 1125553 1 42205 1,292.50 $1,292.50 DIAMOND BAR PETTY CASH MTG-CMGR 0014030 42325 40.00 6/5/2008 DIAMOND BAR PETTY CASH 6/5/2008 80447 CERTIFIED TRANSPORTATION SVCS INC TRANS -LA HABRA MUSEUM 1 1125350 1 45310 1 380.951 $380.95 6/5/2008 80448 ROBERT CHANG FACILITY REFUND -DBC 001 23002 100.00 $100.00 6/5/2008 6/5/2008 6/5/2008 80449 CHRISTOPHER MORALES INC CHRISTOPHER MORALES INC CHRISTOPHER MORALES INC RETENTION PAYABLE TRFFC SIGNAL-BREA CYN RD TRFFC SIGNAL-DBB 250 2505510 2505510 20300 46412 R46412 10,000.001 -3,505.08 15,379.78 19,671.01 $31,545.71 6/5/2008 I 80450 ICOMMUNITY DEVELOPMENT COMMISSION HIP PROG-1865 TINTAH DR 125 3670 10,000.001 6/5/2008 6/5/2008 MAINTENANCE JANITORIAL SVCS -PARKS 0015340 42210 735.17 20.97 6/5/2008 6/5/2008 80451 COMMUNITY DEVELOPMENT COMMISSION IHIP PROG-1735 AUTUMNGLOW 125 36700 3,985.00 $3,985.00 DIAMOND BAR PETTY CASH MTG-CMGR 0014030 42325 40.00 6/5/2008 DIAMOND BAR PETTY CASH 6/5/2008 80452 KELLI COOPER FACILITY REFUND -DBC 001 23002 350.00 $350.00 6/5/2008 80453 DAPEER ROSENBLIT & LITVAK LLP ILEGAL SVCS -APR 08 1 0014020 1 44023 2,373.061 $2,373.06 6/5/2008 80454 IDELTA CARE USA IJUNE 08 -DENTAL PREMIUMS 001 1 21104 712.28 $712.28 6/5/2008 80455 DELTA DENTAL JUNE OS -DENTAL PREM 001 21104 2,730.851 $2,730.85 6/5/2008 80456 DH MAINTENANCE IDH JANITORIAL SVCS-DBC0015333 0015510 45300 12,250.83 6/5/2008 6/5/2008 MAINTENANCE JANITORIAL SVCS -PARKS 0015340 42210 735.17 $12,986.00 6/5/2008 80457 DIAMOND BAR MOBIL JEQ MAINT-COMM SVCS 0015310 42200 108.201 $108.20 6/5/2008 6/5/2008 80458 DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH TAC MTG-P/WKS SUPPLIES-P/WKS 0015510 42325 20.00 6/5/2008 DIAMOND BAR PETTY CASH SUPPLIES -COMM SVCS 0015510 0015350 42325 41200 20.97 6/5/2008 DIAMOND BAR PETTY CASH PUBLICATIONS -COMM SVCS 0015310 42320 13.41 17.20 6/5/2008 DIAMOND BAR PETTY CASH MTG-CMGR 0014030 42325 40.00 6/5/2008 DIAMOND BAR PETTY CASH MTG-COUNCIL 1 0014010 42330 4.61 Page 6 $287.76 City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/5/2008 80458... DIAMOND BAR PETTY CASH SUPPLIES -RECYCLING 1155516 41200 40.25 $287.76 ... 6/5/2008 DIAMOND BAR PETTY CASH SCAG MTG-P/WKS 0015510 42325 30.73 6/5/2008 DIAMOND BAR PETTY CASH SUPPLIES -COMM SVCS 0015340 41200 7.56 6/5/2008 DIAMOND BAR PETTY CASH MTG-I.T. 0014070 42325 29.00 6/5/2008 DIAMOND BAR PETTY CASH SUPPLIES -RECYCLING 1155516 41200 20.00 6/5/2008 1 DIAMOND BAR PETTY CASH ISSA MTG-I.S. 0014070 42315 15.00 6/5/2008 DIAMOND BAR PETTY CASH MTG-GENERAL 0014090 42325 5.10 6/5/2008 DIAMOND BAR PETTY CASH CM-MTG 0014030 42325 4.00 6/5/2008 DIAMOND BAR PETTY CASH MTG-COUNCIL 0014010 42325 5.00 6/5/2008 DIAMOND BAR PETTY CASH TRNG-P/WKS 0015510 42340 14.93 6/5/2008 80459 IDIANA CHO & ASSOCIATES CDBG CONSULTANT -APR 1 1255215 1 44000 1 1,575.00 $1,575.00 6/5/2008 80460 EDAW INC ADMIN FEE -FPL 2007-263 001 23010 1,197.54 $6,653.02 6/5/2008 EDAW INC ADMIN FEE -FPL 2007-263 001 34430 -1,197.54 6/5/2008 EDAW INC PROF.SVCS-FPL 2007-263 001 23010 6,653.02 6/5/2008 80461 EVERGREEN INTERIORS PLANT MAINT-MAY 08 0014090 42210 223.60 $327.60 6/5/2008 EVERGREEN INTERIORS PLANT MAINT-LIBRARY MAY 1 0014090 42210 104.00 6/5/2008 80462 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 365.53 $1,840.83 6/5/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 95.78 6/5/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 257.89 6/5/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 160.78 6/5/2008 EXCEL LANDSCAPE ADDL MAIM -DIST 38 1385538 42210 270.95 6/5/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 155.17 6/5/2008 1 1EXCELLANDSCAPE JADDL MAINT-DIST 38 1385538 1 42210 534.73 6/5/2008 1 80463 IFARONICS TECHNOLOGIES USA INC ICOMP MAINT-I.T. 0014070 1 42205 1 141.851 $141.85 6/5/2008 80464 GFB FRIEDRICH & ASSOCIATES INC. CONSULTING SVCS-LLAD 41 1415541 44000 812.83 $2,438.50 6/5/2008 GFB FRIEDRICH & ASSOCIATES INC. CONSULTING SVCS-LLAD 38 1385538 44000 812.84 6/5/2008 GFB FRIEDRICH & ASSOCIATES INC. CONSULTING SVCS-LLAD 39 1395539 44000 812.83 6/5/2008 1 80465 GO LIVE TECHNOLOGY INC CONSULTANT SVCS -WK 5/30 1 0014070 1 R44000 1 3,900.001 $3,900.00 Page 7 City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount 6/5/2008 1 80466 IGRAFFITI CONTROL SYSTEMS IGRAFFITI REMOVAL -APR 08 0015230 1 45520 5,460.001 $5,460.00 6/5/2008 6/5/2008 80469 HALL & FOREMAN, INC. HALL & FOREMAN, INC. PROF -SVCS -PLAN CHECK PROF.SVCS-EN 06-523 0015551 001 R45223 23012 307.77 6/5/2008 HALL & FOREMAN, INC. PROF -SVCS -PLAN CHECK 0015551 R45223 750.00 3,181.30 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 08-605 001 23012 750.00 6/512008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-588 001 34650 -91.88 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 08-605 001 23012 187.50 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 08-605 001 34650 -187.50 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-588 001 34650 -531.25 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-588 001 23012 367.50 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-588 001 23012 91.88 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 05-496 001 34650 -93.75 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-588 001 23012 2,125.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-588 001 23012 531.25 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-420 001 34650 -123.13 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 05-496 001 23012 375.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 05-496 001 23012 93.75 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-456 001 34650 -88.59 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 04-420 001 23012 492.50 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-420 001 23012 123.13 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 05-476 001 34650 -28.75 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 04-456 001 23012 354.35 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-456 001 23012 88.59 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-463 001 34650 -188.75 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 05-476 001 23012 115.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 05-476 001 23012 28.75 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-433 001 34650 -256.25 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 04-463 001 23012 755.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-463 001 23012 188.75 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 45227 420.00 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 04-433 001 23012 1,025.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-433 001 23012 256.25 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-589 001 23012 722.50 6/5/2008 IHALL & FOREMAN, INC. ADMIN FEE -EN 07-589 001 23012 180.63 Page 8 $15,816.5 City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/5/2008 80469... HALL & FOREMAN, INC. ADMIN FEE -EN 07-589 001 34650 -180.63 $15,816.55 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 02-348 001 23012 375.00 ... 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 02-348 001 23012 93.75 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 02-348 001 34650 -93.75 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-560 001 23012 832.50 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-560 001 23012 208.13 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-560 001 34650 -208.13 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-567 001 23012 117.25 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-567 001 34650 -117.25 6/5/2008 HALL & FOREMAN, INC. PROF -SVCS -PLAN CHECK 0015551 45223 71.63 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-554 001 23012 250.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-554 001 34650 -250.00 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-567 001 23012 469.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-555 001 23012 71.88 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-555 001 34650 -71.88 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-554 001 23012 1,000.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-457 001 23012 33.75 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-457 001 34650 -33.75 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-555 001 23012 287.50 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 06-524 001 23012 115.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 06-524 001 34650 -115.00 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 04-457 001 23012 135.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 06-514 001 23012 80.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 06-514 001 34650 -80.00 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 06-524 001 23012 460.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-466 001 23012 31.25 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-466 001 34650 -31.25 6/5/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 06-514 001 23012 320.00 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 06-523 001 23012 187.50 6/5/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 06-523 001 34650 -187.50 6/5/2008 IHALL & FOREMAN, INC. PROF.SVCS-EN 04-466 001 23012 125.00 6/5/2008 80470 IMARY HALL RECREATION REFUND 001 1 34720 1 25.001 a 25.001 6/5/2008 80471 JINLAND EMPIRE STAGES TRANS-AGUA CALIENTE 1125350 1 45310 1 1,279.00 $1,279.00 Page 9 City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/5/2008 80472 INLAND VALLEY DAILY BULLETIN LEGAL AD -DBC 2505310 46415 215.00 $515.00 6/5/2008 INLAND VALLEY DAILY BULLETIN AD -ADA CURB RAMP IMP 0015510 42115 116.25 6/5/2008 80474 INLAND VALLEY DAILY BULLETIN AD -SLURRY SEAL 0015510 42115 125.00 $3,000.00 6/5/2008 INLAND VALLEY DAILY BULLETIN AD -ST MAI NT CONTRACT 0015510 42115 58.75 6/5/2008 1 80473 JINTERNATIONAL SERVICES INC ICROSSING GUARD SVCS -APR 0014411 1 45410 1 10,360.651 $10,360.65 6/5/2008 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-567 001 23012 461.63 6/5/2008 1 80474 IJOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -JUNE 08 0014030 1 44000 1 3,000.001 $3,000.00 6/5/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 001 34650 -83.09 6/5/2008 1 80475 IKENS HARDWARE SUPPLIES -ROAD MAINT 1 0015554 1 41300 1 85.681 $85.68 6/5/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 001 23012 14.56 6/5/2008 1 80476 JKOA CORPORATION 1TRFFC CALMING -SUNSET XING 1 2505510 1 R46412 8,419.20 $8,419.20 6/5/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-363 001 34650 -45.79 6/5/2008 1 80477 ILA DATA SECURITY DATA STORAGE SVCS -MAY 0014070 45000 15.001 $15.00 6/5/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-597 001 23012 58.32 6/5/2008 1 80478 ILEARNING RESOURCES NETWORK IMEMBERSHIP DUES -COMM SVCS 1 0015350 1 42315 1395.001 -58.32 $395.00 6/5/2008 80479 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 001 34650 -14.56 $1,120.90 6/5/2008 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-567 001 23012 461.63 6/5/2008 80481 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-597 001 23012 324.00 $620.00 6/5/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 001 34650 -83.09 6/5/2008 80482 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-567 001 23012 80.87 $588.71 6/5/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 001 23012 14.56 6/5/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-363 001 23012 45.79 6/5/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-363 001 34650 -45.79 6/5/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 001 23012 83.09 6/5/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-597 001 23012 58.32 6/5/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-597 001 34650 -58.32 6/5/2008 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 03-363 1 001 1 23012 1 254.40 6/5/2008 1 80480 ILETTER PERFECT SIGNS SIGNS -DBC 0015333 1 42210 1 335.581 $335.58 6/5/2008 80481 LIVESOUND CONCEPTS SOUND SYS -TEEN NIGHT 0015350 45300 620.00 $620.00 6/5/2008 1 80482 ILOS ANGELES COUNTY PUBLIC WORKS TRFFC SIGNAL MAINT-MAR 0015554 1 45507 1 588.711 $588.71 Page 10 City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/5/2008 80483 MANAGED HEALTH NETWORK JUNE 08 -EAP PREMIUMS 001 21115 155.681 $155.68 6/5/2008 80484 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WKS 0015510 42110 333.51 $620.65 6/5/2008 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-PM/KS 0015510 42110 228.68 6/5/2008 80486 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WKS 0015510 42110 38.97 $137.37 6/5/2008 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WKS 0015510 42110 19.49 6/5/2008 1 80485 IMOBILE RELAY ASSOCIATES INC REPEATER SVCS -JUNE 1 0014440 1 42130 1 78.751 $78.75 6/5/2008 INANCY FONG REIMB-PLNG CONF 0015210 42330 30.00 615/2008 1 80486 IMR G'S PIZZERIA MTG SUPPLIES -GENERAL 1 0014090 1 42325 1 137.37 $137.37 6/5/2008 81,487 NANCY FONG REIMB-APA CONF 0015210 1 42330 1 28.91 $58.91 6/5/2008 INANCY FONG REIMB-PLNG CONF 0015210 42330 30.00 6/5/2008 80488 NINYO & MOORE INC ADMIN FEE -EN 01-323 001 34650 -242.24 $1,345.75 6/5/2008 NINYO & MOORE INC PROF.SVCS-EN 01-323 001 23012 1,345.75 6/5/2008 NINYO & MOORE INC ADMIN FEE -EN 01-323 001 23012 242.24 6/5/2008 1 80489 INORRIS REPKE INC ST REHAB PROJ-PROSPECTORS 1 2505510 1 46411 1 4,400.001 $4,400.00 6/5/2008 80490 OFFICEMAX INC SUPPLIES -TRANSIT 1125553 41200 22.76 $2,390.33 6/5/2008 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 60.91 6/5/2008 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 4.18 6/5/2008 OFFICEMAX INC SUPPLIES-P/WKS 0015510 41200 63.98 6/5/2008 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 453.16 6/5/2008 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 72.68 6/5/2008 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 70.44 6/5/2008 OFFICEMAX INC SUPPLIES-P/INFO 0014095 41200 139.96 6/5/2008 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 137.68 6/5/2008 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 1.76 6/5/2008 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 195.17 6/5/2008 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 67.84 6/5/2008 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 290.11 6/5/2008 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 43.22 6/5/2008 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 98.74 6/5/2008 1OFFICEMAX INC SUPPLIES -GENERAL 1 0014090 1 41200 1 303.59 Page 11 6/5/2008 80498 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 0015510 SOUTHERN CALIFORNIA EDISON City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 6/5/2008 0015510 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 Check Date Check Number Vendor Name 6/5/2008 Transaction Description SOUTHERN CALIFORNIA EDISON Fund/ Dept Acct 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 0015510 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 SOUTHERN CALIFORNIA EDISON # Amount Total Check Amount ELECT SVCS -TRAFFIC CONTRL 6/5/2008 6/5/2008 80490... ELECT SVCS -TRAFFIC CONTRL OFFICEMAX INC 42126 SUPPLIES-CMGR ELECT SVCS -TRAFFIC CONTRL 6/5/2008 0015510 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 SOUTHERN CALIFORNIA EDISON 6/5/2008 6/5/2008 OFFICEMAX INC ELECT SVCS -TRAFFIC CONTRL 6/5/2008 1 ISOUTHERN 0014030 41200 0015510 151,21 $2,390.33... 6/5/2008 42126 211.20 OFFICEMAX INC SUPPLIES-CMGR 42126 0014030 41200 57.11 42126 1 16.39 SUPPLIES -FINANCE 0014050 41300 155.83 6/5/2008 80491 PAETEC COMMUNICATIONS INC. ILONG DIST PH SVCS-MAY/JUN 0014090 42125 1 797.09 $797.09 6/5/2008 80492 IR F DICKSON COMPANY STREET SWEEPING SVCS -APR 0015554 45501 9,565.85 $9,565.85 6/5/2008 80493 REPUBLIC ELECTRIC ADDL ENGINEERING SVCS -APR 0015554 45507 6/5/2008 REPUBLIC ELECTRIC ADDL ENGINEERING SVCS 13,676.25 $16,523.56 6/5/2008 REPUBLIC ELECTRIC -APR 0015554 45507 872,31 ADDL ENGINEERING SVCS -APR 0015554 45507 1,875.00 6/5/2008 80494 RJ NOBLE COMPANY REHAB PROJ-PROSPECTORS 1 250 20300 69,801.36 $69,801.36 6/5/2008 80495 ROTARY CLUB OF WALNUT VALLEY REIMB-CITY B/DAY PARTY 0015350 42353 14.00 $14.00 6/5/2008 80496 KRISTY SAMPLES RECREATION REFUND 001 34720 15.00 $15.00 6/5/2008 1 80497 ISAN GABRIEL VALLEY COUNCIL OF GOVT MTG-COUNCIL 0014010 42330 25.00 $25.00 6/5/2008 80498 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 0015510 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 0015510 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 3,77 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 0015510 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 61.00 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 42126 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 0015510 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 6/5/2008 1 ISOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 Page 12 0015510 42126 59.92 $7,400.56 0015510 42126 62.27 0015510 42126 91.30 0015510 42126 3,77 0015510 42126 50.28 0015510 42126 97.59 0015510 42126 105.41 0015510 42126 61.00 0015510 42126 42.41 0015510 42126 243.65 0015510 42126 210.83 0015510 42126 246.64 0015510 42126 158,12 0015510 42126 211.20 0015510 42126 349.96 1415541 42126 1 16.39 City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 a Check Number Vendor Name 80498... SOUTHERNCALIFORNIAEDISONELECT SOUTHERN CALIFORNIA EDISON Check Amount $7,400.56 ... Transaction Description # AmountTotal SVCS -PARKS ELECT SVCS -TRAFFIC CONTRL EFund/DeptAcct 42126 42126 3,843.69 1,546.13 6/5!2008 6/5/2008 6/5/2008 6/5/2008 6/5/2008 6!5/2008 6/5/2008 6/5/2008 6/5/2008 80499 80500 80501 80502 80503 80504 80505 80506 STAIB BACKHOE &EXCAVATION INC SUPER SPECIALTY PRODUCTS SWANK MOTION PICTURES THE GAS COMPANY THE SAN GABRIEL VALLEY NEWSPAPER GR THOMSON WEST TIME WARNER RIZON CALIFORNIA TRIZON CALIFORNIA $500.00 $793.03 $1,847.00 $90.40 $114.82 $142.88 $44.95 $176.02 REFUND-ENCROACHMNT DEP 001 23012 500.00 SUPPLIES -PARKS 0015340 42210 793.03 MOVIES IN THE PARK 0015350 45300 1,847.00 GAS SVCS -HERITAGE 0015340 42126 90.40 LEGAL AD -ADA CURB RAMP 0015510 42115 1 114.82 PUBLICATIONS-C/CLERK 0014030 42320 142.88 MODEM SVCS -COUNCIL 0014010 42130 44.95 PH.SVCS-MAPLE HILL PH.SVCS-REAGAN 0015340 0015340 42125 42125 gg.01 88,01 6/5/2008 6/5/2008 6/5/2008 6/5/2008 6/5/2008 80507 80508 WALNUT VALLEY UNIFIED SCHOOL DIST WARREN SIECKE WARREN SIECKE WARREN SIECKE WARREN SIECKE $6,310.00 $5,746.50 FACILITY RENTAL -JAN -MAR 0015350 42140 6,310.00 ENGINEERING SVCS -APR TRFFC SIGNAL-G/SPRINGS TRFFC SIGNAL-DBB TRFFC SIGNAL-B/CYN 0015554 2505510 2505510 2505510 44520 R46412 R46412 R46412 982.50 1,588.00 1,588.00 1,588.00 6/5/2008 6!5/2008 6/5/2008 6/5/2008 80509 WELLS FARGO BANK WELLS FARGO BANK WELLS FARGO BANK WELLS FARGO BANK $995.66 SUPPLIES-H/R VEH MAINT-COMM SVCS SUPPLIES-CMGR SUPPLIES -GENERAL 0014060 0015310 0014030 0014090 41200 42200 41200 41200 21.16 886.38 38.97 49.15 6/5/2008 6/6!2008 5/29/2008 80510 80511 W!f 0052 WESTERN TEL COM DEVELOPMENT INC CHRISTOPHER D RAMOS UNION BANK OF CALIFORNIA NA REFUND -ENCROACHMENT DEP 001 23012 500.00 $500.00 $199.37 $47 413 56 REIMB-SUPPLIES 0015350 41200 199.37 LEASE PAYMENT DBC JUN 0014090 42140 1 47,413 56 Page 13 City of Diamond Bar - Check Register 05/29/08 thru 06/11/08 Check Date ChPrk Ni imhar Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount Page 14 $1,359,763.85 CITY COUNCIL Agenda # 6.4 (a) Meeting Date: June 17, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana6e! TITLE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH LDM ASSOCIATES, INC, FOR PROVIDING HOME IMPROVEMENT (HIP) ADMINISTRATION SERVICES FOR 3 YEARS ENDING JUNE, 2011, AND APPROVE FY 2008-2009 HOME IMPROVEMENT PROGRAM ADMINISTRATIVE SUPPORT SERVICES IN THE AMOUNT OF $30,000 RECOMMENDATION: Approve. FINANCIAL IMPACT: The City's Fiscal Yeai Improvement Program Improvement Program budget. BACKGROUND: 2008-2009 CDBG Program Budget includes $150,000 for the Home The maximum amount for consultant costs is 20% of the Home budget. The CDBG Program does not impact the City's General Fund As part of the Community Development Block Grant (CDBG) Program, funds are allocated for the implementation of a Home Improvement Program (HIP) which provides housing rehabilitation assistance to low and moderate income homeowners. HIP offers grants of up to $5,000 and deferred loans of up to $10,000 for residential repairs to eligible owner -occupied homes. In addition, emergency grants up to a maximum of $2,000 are available on an as needed basis. The City of Diamond Bar has contracted with LDM Associates, Inc., to administer the Home Improvement Program since December 2002. The selected consulting firm will provided Home Improvement Program services for a three-year period. The contract amount will be allocated on an annual basis determined by the CDBG allocation for the Home Improvement Program. A professional services agreement in the amount of $30,000 for FY 2008-2009 is proposed for approval. DISCUSSION: In accordance with CDBG requirements, the City of Diamond Bar must obtain bids every three (3) years for CDBG-funded consultant services. City staff solicited bids from three firms capable of providing consultant services to administer and implement the Home Improvement Program. Proposals were submitted for consideration by LDM Associates, Inc., Willdan Associates, and Housing Rehabilitation Consulting Services. Each of the proposals included a time and material fee equal to 20% of the Home Improvement Program budget which is the maximum amount permitted by the U. S. Department of Housing and Urban Development (HUD) for housing rehabilitation administrative services. Staff reviewed the qualifications of the three firms and the individuals assigned to the project. Upon review of the proposals, it is recommended that LDM Associates, Inc., be awarded the contract to administer the Home Improvement Program for the next three (3) years. As the current consultant staff for the City of Diamond Bar's Home Improvement Program, LDM is well qualified to continue providing HIP administrative support. LDM's scope of services will continue to include assisting the City in the administration of the program; review and process applications from eligible homeowners; inspect properties and prepare work write-ups and cost estimates; prepare bid specifications; approve selection of contractors; monitor and inspect projects; and maintain all documentation required for compliance with HUD regulations and Community Development Commission (CDC) policies. Funding for Home Improvement Program administration and implementation services are paid from CDBG program funds. The maximum amount for consultant costs is 20% of the Home Improvement Program budget. PREPARED BY: Nancy Fon ICP Communit ment Director Attachment: Agreement for CDBG Home Improvement Program Consulting Services 2 AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT HOME IMPROVEMENT PROGRAM CONSULTING SERVICES This Agreement is made as of June 17, 2008, by and between the City of Diamond Bar, a municipal corporation (hereinafter referred to as "CITY"), and LDM Associates, Inc., (hereinafter referred to as "CONSULTANT"). 1. DESCRIPTION OF WORK CONSULTANT shall provide housing rehabilitation consultant services for City's Home Improvement Program. The specific services to be provided shall be set forth in Exhibit "A" CONSULTANT Proposal, which is attached hereto and made a part hereof. 2. TIME OF PERFORMANCE This Agreement shall commence as of July 1, 2008 and shall remain in full force and effect until June 30, 2009. This Agreement may be extended upon request and approval by the CITY on an annual basis for an additional twenty-four (24) months until June 30, 2011. 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit "A" with a not to exceed maximum of 30,000 in Community Development Block Grant (CDBG) funds for the services performed. All invoices submitted must include a detailed accounting of services rendered and time spent on each task. In no event should CONSULTANT billing exceed the not -to -exceed amount without prior written authorization by the CITY. 4. TERMINATION OF AGREEMENT This Agreement can be terminated by either party by giving written notice at least thirty (30) days prior to the effective termination date in the written notice. 5. 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 assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. (24 CFR Part 84, Sec. 84.53) 6. COMPLIANCE WITH FEDERAL REGULATIONS This Agreement is subject to and incorporates the terms of Subpart K of the CDBG Regulations and all other applicable Federal Standards Provision, inclusive of the following: 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. 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. 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. 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. 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. 7. INTEREST OF MEMBERS OF THE CITY No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in the Agreement, and the CONSULTANT shall take appropriate steps to assure compliance. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public officials of such locality, who exercises any functions or responsibilities in connection with planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT shall take appropriate steps to assure compliance. INTEREST OF CONSULTANT AND EMPLOYEES The CONSULTANT covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this Agreement, no person having such interest shall be employed. 2 10. INDEPENDENT CONTRACTOR 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, 11. 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. 12. 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. 13. 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. 3 14. SUCCESSOR AND ASSIGNMENT The services as contained herein are to be rendered by the CONSULTANT whose name is as appears first above written and said CONSULTANT shall not assign or transfer any interest in the Agreement without the prior written consent of the CITY. Claims for money by CONSULTANT from the CITY under this Agreement may not be assigned to bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. 15. INDEMNIFICATION CONSULTANT shall defend, indemnify and save harmless the CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including but not limited to, all consequential damages, to the maximum extent permitted by law. 16. INSURANCE A. 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; and (4) 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. B. 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) days prior written notice thereof. CONSULTANT agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. 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 than A VII. D. 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 than 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. 4 17. SEVERABILITY In the event that any covenant, condition or other provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other covenant, condition or other provision contained herein. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope of breadth permitted by law, 18. INTERPRETATION No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 19. AMENDMENTS This writing, with attachments expressly referenced and incorporated herein, embodies the whole of the Agreement of the parties hereto. Except as herein provided, addition to or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment of this Agreement formally approved and executed by both parties. 20. WAIVER No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 21, CONTRACT EVALUATION AND REVIEW The ongoing assessment and monitoring of this Agreement is the responsibility of the City Manager. The CITY will monitor and evaluate the CONSULTANT in the performance of this Agreement. 22. CHANGES The CITY may request changes in the scope of the services hereunder. Such changes, including any increase or decrease in compensation, which are mutually agreed upon by and between the incorporated in written amendments to this Agreement. 23. REPORTS AND INFORMATION of the CONSULTANT to be performed the amount of the CONSULTANT'S CITY and the CONSULTANT, shall be The CONSULTANT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. 24. PERSONNEL CONSULTANT represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereunder will be performed by CONSULTANT or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. 25. 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. 26. GOVERNING LAW This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 27. 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. 28. 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. 29. EXHIBITS All exhibits referred to in this Agreement are incorporated herein by this reference 30. LOBBYING CERTIFICATION A. Federal Requirements 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, C.1 (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer of employee of employee of any agency, Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the CONSULTANT shall complete and submit Standard Form -LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions. (3) The CONSULTANT shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly, County of Los Angeles Requirement 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 therefrom 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, 31 32. NOTICES Notices, herein shall be presented in person or by U. S. Mail, as follows: CITY: James DeStefano City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 COMPLIANCE WITH LAWS CONSULTANT: David D. Meyer, AICP President LDM Associates, Inc. 10722 Arrow Route Suite 822 Rancho Cucamonga, CA 91730 All parties agree to be bound by applicable Federal, State, and local laws, ordinances, regulations and directives as they pertain to the performance of the Agreement. 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CITY" ATTEST: JIM Tommye A. Cribbins, City Clerk Approved as to form: City Attorney M. CITY OF DIAMOND BAR Am Jack Tanaka, Mayor "CONSULTANT" LDM ASSOCIATES, INC. Its: President Agenda # 6.4 (h) Meeting Date: June 17, 2008 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e , TITLE: Approve the contract with Dapeer, Rosenblit & Litvak, LLP in the amount not to exceed $40,000 for providing City Prosecutor services in FY 08-09. RECOMMENDATION: Approve. FISCAL IMPACT: Funds for this contract are included within the adopted Fiscal Year 2008-2009 budget (001-4020-44023). BACKGROUND: On December 8, 2002, the City entered into a Professional Services Agreement with Dapeer, Rosenblit & Litvak, LLP ("Dapeer") to provide services as the City Prosecutor. Dapeer provides legal assistance to the City on an "as -needed" basis for assigned code enforcement cases. The contract was reapproved several times, including in July 2006 and subsequently in July 2007 to ensure consistency and continuity of the legal services already provided by Dapeer. It is recommended that the City approve the contract with Dapeer, Rosenblit & Litvak, LLP in the amount not to exceed $40,000. Prepared by Review d by 7 nthony Santos an Fon ICP Management Analyst Community evel ent Director Attachment: 1. Professional Services Agreement Agreement This Agreement is made and entered into this 1st day of July, 2008, by and between the City of Diamond Bar, hereafter referred to as "City", and Dapeer, Rosenblit & Litvak, LLP, a California limited liability partnership, hereafter referred to as the "Firm". Witnesseth Whereas, City desires to engage the Firm to provide legal services as hereafter described; and, Whereas, the members of the Firm are attorneys duly licensed under the laws of the State of California and experienced in the field of code enforcement and general litigation. Now, Therefore, the parties hereto agree as follows: 1. Description of Work. City engages the Firm as follows: A) To provide code enforcement services, which shall include, without limitation, the training of staffpersons, the review of alleged municipal code violations, the exercise of the city's administrative, civil or criminal remedies in connection therewith, and the review and analysis of municipal ordinances. 2. Data Furnished to the Firm. All information, data, reports, and records as are existing and in the possession of City, and necessary for carrying out the work shall be furnished to the Firm without charge by City, and City shall cooperate in every reasonable way in the carrying out of the work without delay. 3. Term. This Agreement shall continue in full force and effect unless terminated pursuant to Paragraph Eight (8) herein. The Firm may, at the discretion of the City, complete any work in progress or matter pending on the date this Agreement expires. 4. Personnel. A. The Firm represents that it employs, or will employ at its own expense, all personnel required to perform the services required under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with, City. B. All the services required hereunder will be performed by the Firm, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted by law to perform such services. 5. Commencement and Completion of Work. The execution of the Agreement by the parties hereto does not constitute an authorization to proceed. The services of the Firm in connection with any action are to commence only when a City official shall have assigned a matter to the Firm. 6. City Representative. The Firm shall work closely and cooperate fully with the City and its designated representatives. 7. Fees and Costs. City shall pay legal fees to the Firm at the hourly rate of $135.00. Payment for services shall be made within thirty (30) days following receipt of a monthly statement from the Firm and its approval by the City. City agrees to reimburse the Firm for the following costs: • Attorney service charges, as incurred, for service of arraignment notices and subpenas, procurement of documents from courts and other entities, document certification fees, and for other related services. 2 • Any court reporter fees, as incurred, for the procurement of a transcript of a court proceeding. • Any charges, as incurred, to prepare, duplicate or enlarge exhibits for any proceeding. • $15.00 for each use of commercial database providers (including Infotek, Dataquick or Courthouse Data) for investigational or background purposes in a matter. This charge is exclusive of any attorney time in reviewing this information (to be billed hourly), or other charges to the Firm by said information providers (which shall also be billed to the City). • Copier charges — 20 cents a page; Faxes — 25 cents a page. • Any extraordinary costs with prior City approval. 8. Termination for Convenience. The City may terminate this Agreement at any time without cause by thirty (30) days advance written notice to the Firm of such termination. In this event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terminated by City as provided in this section, the Firm will be paid for all services rendered by it up to the date of termination. The Firm may terminate this Agreement at any time without cause by giving thirty (30) days written notice to City of such termination and specifying the effective date thereof. 9. Transfer of Files. In the event of termination, City and the Firm shall cooperate in the orderly transfer of pending matters and cases to City, or to another attorney as designated by City. 10. Contract Changes. No change in the character, extent, or duration of the Firm's services shall be made except upon approval by the City Manager and execution 3 of a supplemental agreement in writing between City and the Firm. The supplemental agreement shall set forth the changes of work, the extensions of time and any adjustments in fees to be paid by City to the Firm. 11. Responsible Attorneys. The individuals responsible for the Firm's performance under this Agreement are Steven H. Rosenblit, Kenneth B. Dapeer and William Litvak. 12. Insurance. The Firm shall procure and maintain in force a legal malpractice (errors and omissions) policy in an amount of not less than $1,000,000.00 per claim and worker's compensation insurance in accordance with Section 3700 of the Labor Code. The Firm shall also procure and maintain automobile liability insurance covering all automobiles utilized by attorneys and its employees in providing the services hereunder in an amount of not less than $300,000.00 aggregate limit. 13. Independent Contractor. The Firm shall be independent contractors and shall not incur, nor have the power to incur, any debt, obligation or liability whatever for or against City. 14. Interests of the Firm. The Firm affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with the Firm. 15. Compliance with State Law. The Firm shall comply with all state, and local laws and ordinances applicable to the work and shall perform the work in a manner consistent with the highest level of professional care and ethical responsibility as required by applicable professional standards and rules of conduct. 0 16. Compliance with Federal Law. If applicable, the Firm shall comply with all requirements of a federally funded contractor, including those laws and regulations pertaining to the HUD CDBG Program. 17. Nondiscrimination. The Firm shall not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The Firm shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation and selection for training, including apprenticeship. The Firm agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth provisions of this nondiscrimination clause. 18. Findings Confidential. All of the reports, information, data, or other documents prepared or assembled by the Firm under this Agreement are confidential and the Firm agrees that it shall not make same available to any individual or organization without the prior written approval of City. 19. Assignability. No interest in this Agreement may be assigned to another person without the prior written consent of both parties hereto. Claims for money due or to become due the Firm from City under this Agreement may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to City. 20. Notice. Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such k, notice, or may be served by certified mail, return receipt requested, to the following addresses: Dapeer, Rosenblit & Litvak, LLP Post Office Box 2067 Huntington Park, CA 90255-3099 City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 21. Oral Modification. This Agreement supersedes all prior proposals and understandings between the parties and may not be changed or terminated orally, and no change, termination, or attempted waiver of any of the provisions hereof shall be binding, unless in writing and signed by the party against whom the same is sought to be enforced. In Witness Whereof, the parties hereto have executed this Agreement on the date first hereinabove written. City of Diamond Bar Dapeer, Rosenblit & Litvak, LLP M Attest: By: City Manager Steven H. Rosenblit City Clerk Approved as to Form: City Attorney 31 Agenda # 6.4 (c) Meeting Date: June 17, 2008 COUNCIL CITY �� , • TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: Approve Professional Service Agreement with LDM Associates, Inc. for providing as needed planning services for a total of 3 years. RECOMMENDATION: Approve FISCAL IMPACT: LDM Associates, Inc. (LDM) is assigned projects by City staff to assist the City in its review of specific development proposals. The costs associated with LDM planning services are funded primarily through application and processing fees paid to the City by project developers. BACKGROUND: Since the approval of the contract in 2000, the City Council has extended the "as needed" planning services with LDM. The last extension was in March 2006 and ending on June 30, 2008. City's Purchasing Ordinance allows extension of contract on an annual basis if doing so is deemed to be in the best interest of the City. Further, the extension of the contract will ensure consistency and continuity of the planning services already provided by LDM. Each fiscal year, the City Council approves an annual contract amount for LDM's planning services if it exceeds $25,000. Due to a slow down of development projects, staff anticipates that the contract amount for FY 08-09 will be approximately $25,000. In accordance to the City's policy, the City Manager is authorized to approve a contract agreement under $25,000 without City Council approval. It is recommended that the Council approve the contract and authorize the City Manager to approve the contra t amount of $25,000. . J repared By Nancy Fong, ICP Communtiy Development Director Attachment: 1. Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made as of June 17, 2008, by and between the City of Diamond Bar, a municipal corporation ("City") and LDM Associates, ("Consultant".) RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide professional services on an "as -needed" basis to City as set forth in Exhibit "A". 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. C. It is in the City's best interest to enter into the Agreement with Consultant for the services in order to ensure consistency and continuity of the services already being provided under the previous contract. 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". B. Level of Services. The level of specific services to be performed by Consultant are as set forth in Exhibit "A". 2. Term of Agreement. This Contract shall take effect July 1, 2008, unless terminated in accordance to the provisions herein, and shall remain in full force and effect until June 30, 2009. This Agreement may be extended upon request and approval by the City on an annual basis for an additional twenty-four (24) months until June 30, 2011. 3. Compensation. City agrees to compensate Consultant for each service that 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. Total payment to Consultant in accordance to this Agreement shall not exceed $25,000.00. 4. General Terms and Conditions_ In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: David D. Meyer, AICP City of Diamond Bar Principal 21825 Copley Drive LDM Associates Diamond Bar, CA 91765 10722 Arrow Route, Suite 822 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. 1► 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 than 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 than 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 3 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 mannerwith 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 that would conflict in any manner with the performance of its services in accordance 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 4 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 (12) 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. 5 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 of Diamond Bar By: James DeStefano, City Manager Attest: Fommye Cribbins, City Clerk C. LDM Associates By: David D. Meyer, AICP, Consultant City of Diamond Bar Professional Planning Services EXHIBIT "A" LDM ASSOCIATES, INC. 10722 Arrow Rte., Suite 822 Rancho Cucamonga, CA 91730 Office: (909) 476-6006 Fax. (909) 476-6086 SCHEDULE OF HOURLY BILLING RATES Rates Effective as of July 1 2008 Staff Position: Hourly Rate: President & Executive Vice President $95.00/hr Vice President $90.00/hr Senior Associate $85.00/hr Associate/CAD Operator $80.00/hr Project Assistant $45.00/hr Secretary/Clerical $40.00/hr Reimbursable Items: Project Supplies: Cost plus 10% Prints/Reproductions Cost plus 10%. 7 Agenda # 6 . 4 (d) Meeting Date: June 17, 2008 CITY COUNCIL " AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: Extension of City -Wide Graffiti R moval Contract with Graffiti Control Systems for Fiscal Year 2008-2009 in the amount $62,400 RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for this contract are included within the adopted Fiscal Year 2008-2009 budget. BACKGROUND/DISCUSSION: On May 19, 1993, the City Council awarded a contract to Graffiti Control Systems for graffiti removal in Diamond Bar. Section 31 of the specifications of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. Since the original contract was awarded, the City Council has approved the annual extension of the contract. In order to better serve the interests of the City and provide a more accountable budgetary process, a flat rate fee of $5,200 per month will replace the previous fee structure of $30.00 per site. The $5,200 flat rate fee will cover the costs for graffiti abatement, regardless of the number of graffiti incidents each month. While the actual number of incidents per month historically varies, total program costs have increased alongside the increase in graffiti incidents each year. The table below includes graffiti program costs for Fiscal Years (FY) 2005-08. Total program costs for FY's 2005-06 and 2006-07 exceeded the original budgeted amount. When year to date expenses for the first nine months of FY 2007-08 are included, average per month charges are higher than the $5,200 flat rate fee. Overall, the new monthly fee will act as cost -controls and pass along cost savings to the City. Fiscal Year Amount Budgeted Total Expenses Overage Per Month Charges 2005-06 $45,000 $47,830 $2,830 $3,986 2006-07 $70,000 $80,880 $10,880 $6,740 2007-08* $70,000 $58,140 N/A $6,460 Avera a $61,667 $62,283 $6,855 $5,729 'based on the first nine months charges from July 2007 through March 2008 Staff is recommending that the contract be extended for FY 2008-2009 in the amount not to exceed $62,400. This amount should be sufficient for required graffiti removal services, plus additional as -needed work requested by the Public Works Division, such as cleaning paint spills upon public streets. Graffiti Control Systems has proven that they can satisfactorily perform the specifications of the contract. However, the City can reevaluate the new flat rate fee structure at a later date if any changes are needed to the contract. Prepared by Review y Anthony Santos N cy Fong4Dvjelopme Management Analyst Community' Director Attachment: 1. Letter of Agreement. 2. Graffiti Control Proposal Letter. June 17, 2008 Mr. Barry Woods, President Graffiti Control Systems 7260 Atoll Avenue North Hollywood, CA 91606 Re: Graffiti Removal Contract Dear Mr. Woods: This confirms your agreement with the City that in accordance with Section 31 of the specifications of our contract dated May 19, 1993, the City of Diamond Bar is interested in extending the Graffiti Removal Contract with Graffiti Control Systems from July 1, 2008, through June 30, 2009. The contract replaces the unit price of $30.00 per site with a flat rate fee of $5,200 per month in your proposal dated April 23, 2008. Total work for the fiscal year will be in an amount not to exceed $62,400. Upon approval of this contract extension by the Diamond Bar City Council, a purchase order in the amount not to exceed $62,400 will be processed and forwarded to you. Sincerely, Nancy Fong Community Development Director By signing below, the parties agree to the above terms. Jack Tanaka, Mayor Date Barry Woods, President City of Diamond Bar Graffiti Control Systems Attest: Approved as to Form: City Clerk Date City Attorney Date Date April 23, 2008 Mr. Bob hose Director Department of Community Services City of Diamond Bar 21825 East Copley Drive Diamond Bar, California 91755 Dear Bob, Having been the sole graffiti abatement specialist for 15 years in Diamond Bar, we have a vested interest in seeing that the city is kept graffiti free, that all work orders are handled professionally and expeditiously and that the City still has money in its budget for health and safety concerns. We understand the difficulty of working without a fixed cost on a monthly or annual basis and how tbds may impact other services your department provides. ,As the only City that has never received a rate adjustment for services during the entire length of our multiple contracts, we hope we have helped in a small way to keep the city clean and to do it at a reasonable cost We have explored additional options to see what we could do to provide superior service, cost effectively for everyone. Cutting back service days to the city to save expenses were not an option. Likewise, charging an hourly rate would have, ultimately, cost the City more money and would still not have met the goal of realizing a fixed cost format What we have arrived at is a flat rate cost, based on historical indices, discounted from your current monthly cost. The City of Diamond Bar is averaging approximately $5,900 per mouth in graffiti costa, varying month to month based on incident$. What we propose is a flat rate fee of $5,200, irrespective of the number of incidents abated. This will give the City a lower rate than they currently pay, or have paid historically by approximately 12%, and accomplish the main goal of having a fixed fee contract that does not vary month to month. Bob, l would litre to express our sincere appreciation for the trust and confidence you have placed with us all of these years, and should you have any questions or concerns, please feel :free to call. Sincerely, Barry K. Woods President CITY COUNCIL Agenda # 6.4 (e) Meeting Date: June 17, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M a TITLE: Authorize City Manager to contract with Regional Chamber of Commerce of the San Gabriel Valley for business development and retention services ($12,000). RECOMMENDATION: Approve. FINANCIAL IMPACT: There are sufficient funds allocated in the FY 2008-09 budget. DISCUSSION: The Regional Chamber of Commerce of the San Gabriel Valley (Chamber) serves businesses in Diamond Bar, Walnut, Hacienda Heights, Rowland Heights, La Puente and Valinda. For the past contract year, the Chamber has been active with the promotion of the Diamond Bar business community and member activities. Some accomplishments to date include the Chamber conducting several grand opening and ribbon cutting ceremony's for Diamond Bar businesses, distributing City information through the Chamber's Business Newsletter, providing the Miss Diamond Bar Pageant with business resources, co -sponsoring a free a -waste event with Chaparral Middle School, the Business Expo at the City Birthday Event, and meetings with City staff to discuss important issues impacting the business community. It is anticipated that the Chamber will continue to perform these duties during the next contract year. Under the terms of the FY 08-09 contract, the Chamber will continue to conduct at least five (5) small business workshops in Diamond Bar that will be open to the public, widely advertised, and provided at no charge to participants. The Chamber will also continue its Grand Opening events, provide general support and marketing on City services, and conduct quarterly meetings with local businesses. The City will also be provided a liaison position on the Chamber's Board of Directors to be appointed by the Mayor. It is recommended that the City Council approve the contract with the Chamber of Commerce of the San Gabriel Valley in the amount not to exceed $12,000 for FY 2008-09. Prepared by Anthony Santos Management Analyst Attachment: 1. Chamber Memorandum dated April 16, 2008. 2. Consulting Services Agreement. Revie b 4�� N'6Fo , AICP Communitp,qevelopment Director E I{ ,t Sf B F K o r t o ,f .%t r R F: ,"t? (Ii IhPlc! i 1!1, r Memo To: James De Stefano, City Manager, City of Diamond Bar From: Heidi Gallegos, Executive Director, Regional Chamber of Commerce — San Gabriel Valley CC: Aziz Amid, President, Regional Chamber of Commerce — San Gabriel Valley Date: 4/16/2008 Re: City of Diamond Bar Contractual Services Agreement 2008 Over the course of the past four months, the Regional Chamber of Commerce — San Gabriel Valley has enjoyed a healthy business relationship with the City of Diamond Bar. The Chamber has worked diligently towards promoting the Diamond Bar business community. The below points capture each item of the six month 2008 City Services Contract Outside of the contract, the Chamber continues to serve the City of Diamond as a visitor's guide, a home relocation source for those across the country moving to the City of Diamond Bar as well as act as a broker of problem solving between business and government The Chamber has worked collaboratively with City, staff in keeping staff members and/or their designees informed via written memo, electronic mail, in person meetings, the web site and print media. The Chamber is also pleased to report, that the current contract with the City of Diamond Bar has served as a model for not only the other cities the Regional Chamber serves, but as a model for other Chambers in the San Gabriel Valley. The City of Diamond Bar is to be commended for its leadership role in working with its local Chamber of Commerce. The below listing identifies the points in Exhibit A of the current contract: A. The Regional Chamber has given opportunities to City Staff, parks and recreation and other departments within the City, to distribute events and/or items of interest through the Chamber's Business Newsletter. These items are sometimes in a print form (Diamond Bar Snowfest, Easter Egg Hunt and City Birthday Celebration) and others are inserted as an advertisement in the Chamber's Newsletter. The Chamber works closely with the City's Public Information Officer to ensure publications are sent out in a timely manner. The Chamber has also offered to the City's PIO opportunities to disseminate information through our electronic mailings upon request by the City. Chamber information, such as business seminars, meetings, mixers and other events that directly impact the City of Diamond Bar are also distributed through electronic mail, the Chamber web site, direct telephone calls to city staff and the Chamber monthly newsletter. B. The Chamber, within its online database, has placed the Mayor and the City Manager on a direct electronic mailing list as well as on a print mailing list for upcoming Board of Directors meetings and other Board of Director business. The Mayor and the City Manger have attended these meetings when schedules permit. Ryan McLean, City of Diamond Bar Senior Management Analyst as representative for the City of Diamond Bar attends the Chamber's Government Affairs monthly meetings. Since the beginning of the new calendar year, the GAC meetings have been very well attended with scheduled speakers to inform and educate the participants. Again, the GAC is another source of providing information and clear lines of communication between the Chamber and the City of Diamond Bar. C. The Chamber has worked closely with the City's Public Information Officer on developing a second tire banner ad for the Chamber web site. The banner ad graphic and link have been listed on the Chamber site for the past two months. The Chamber through its electronic media notifies all of its membership of upcoming meetings, business education classes, monthly breakfast and luncheons. The information is also available on the Chamber web site. City staff has not taken advantage of attending the breakfast and/or luncheons while under the current contract; however, the Chamber in good faith has allowed complimentary passes to our monthly mixer passes to City Staff and/or City Council members when schedules permit them to attend. 0 Page 2 D. The Regional Chamber is working with other Chamber of Commerce's in the area, in order to seek out progressive models, in developing a "business -to -business" network to encourage our business owners as well as our residents to shop local. In November 2007, the Board of Directors retooled their membership fee structure to include a business listing opportunity to all Diamond Bar businesses at a reduced cost; however, we have found that most of the Diamond Bar businesses prefer to be member of the Chamber in order to enjoy membership services and benefits. The Chamber has offered to our Diamond Bar businesses the opportunity to participate in the listing program, but as of this writing, the businesses have declined to participate, again opting instead to be part of the Chamber membership. Over one-third of the Chamber's membership is within the 91765 and/or 91789 postal code. The 91789 postal code is an area of difficulty to capture which businesses are the City of Diamond Bar and which are in the unincorporated area of Walnut. Another challenge area is those businesses that have interests with the City of Diamond Bar. The Chamber is aware of such high profile Chamber businesses such as Valley Vista Services, Majestic Realty, Kaiser Permanente and AERA Energy that have business interests with the City; however, not every outside business confides in the Chamber if it has a strong business interest with the City of Diamond Bar. Every effort is made by the Chamber to intimately know and understand each business associated with the Chamber, yet the Chamber is not aware of all City related contracts and/or partnerships the City has with outside businesses. As we move forward to fiscal year 2008/09 this may be an opportunity for refinement between the Chamber and the City of Diamond Bar. The Chamber has a healthy relationship with the Diamond Bar Windmill monthly newsletter. The Chamber has accepted opportunities to submit articles on the purposefulness of shopping local. This year, the Chamber made strong efforts to procure corporate sponsorships with businesses that either are or have business interests in the City of Diamond Bar for the City of Diamond Bar Birthday Celebration / Business Showcase. Five of the six corporate sponsors for the Showcase are in or have interests with the City of Diamond Bar. 0 Page 3 The Chamber provides to every Diamond Bar business a free membership directory in a MS Excel format on a CD disk to encourage member -to -member participation. This valued added service has been highly utilized by our business community to conduct direct mailings with other Chamber members and Diamond Bar businesses. The Chamber is aware of this business created network through regular quality control contact with our members. While it is difficult to capture what individual mailings and/or other supportive contacts are created by our Diamond Bar businesses, the Chamber is aware that a network does exist between the Diamond Bar businesses. The Chamber is working with a Diamond Bar printing business to develop card stock membership cards for each of our members to encourage a Diamond Bar member -to -member program. The Chambers Vice President of Communications is in the process of re -tooling our communication efforts in offering member -to -member discounts. E. The Chamber has conducted two grand opening / ribbon cutting events within the City of Diamond Bar since January 1, 2008. For the month of January, CitiBank, Diamond Bar held a Chamber ribbon cutting. In February, the Chamber hosted the Ayres Suites, Diamond Bar -10th Anniversary Celebration. In March, the Chamber hosted a ribbon cutting and mixer at U.S.A Fit Force Tae Kwon Do, Diamond Bar. The Chamber was to host a ribbon cutting at Panni G6IV Mix it Up Ice Cream, Diamond Bar, however, due to a personal illness the business owner canceled. The Chamber is working with the owner to reschedule a date that is mutually suitable for both parties. In the spirit of community, the Chamber worked closely with Linda Headlee, Chairperson for the Miss Diamond Bar Pageant_ The Chamber gave Ms. Headlee access to all Chamber listed Diamond Bar businesses to procure sponsorships and encourage attendance at all Miss Diamond Bar functions. In addition, the Chamber invites the Miss Diamond Bar Queen and her court to attend not only City of Diamond Bar events, but events outside of the City limits as well. The young women of Diamond Bar act as ambassadors of the City with the Chambers encouragement and support. 0 Page 4 As a service to the community, the Chamber held a "Free E -Waste" event within the City of Diamond Bar on January 12, 2008. This positive event was spoken highly of by the residents of Diamond Bar with a request for an additional Chamber sponsored E -Waste event. As a follow up to the January E -Waste event, the Chamber co-sponsored another Free E -Waste event with Chaparral Middle School, Diamond Bar during the month of March. Again, this was another positive community event. The Chamber agreed to apportion 75% of the proceeds towards needed revenue for the school. Additional grand opening/ribbon cutting events are currently being scheduled with local Diamond Bar businesses; however these events are largely dependent on the business owners and their availability. Two more Diamond Bar events are tentatively scheduled over the course of the next two months. The Chamber will keep the membership as well as the City informed of upcoming City of Diamond Bar business related events. F. The Chamber has been working closely with the Mt San Antonio sponsored Small Business Development Center. The Chamber and the SDBC have recently crafted a Board approved and signed MOU for fiscal year 2008/09. A press release of this partnership will be issued by Mount San Antonio College the week of April 21s. Daniel Morales, Executive Director of the SBDC and the Chamber are committed to providing high quality business education classes to our membership and the greater community. The Chamber and Mr. Morales are working closely to develop classes that meet the needs of the multi -cultural community Diamond Bar serves. Business educations classes in Mandarin and other as needed languages are currently underway. The Chamber currently offers on a monthly basis, a free of charge opportunity to meet with a licensed business counselor provided by the SBDC. This opportunity is by appointment only. These sessions 9 Page 5 are held the last Tuesday of every month and open to all businesses and emerging entrepreneurs. The Chamber has found great success with this program. The Chamber has offered a total of seven free of charge business education classes since January 1, 2008. These classes were offered by our Chamber leadership while the Chamber worked through the negations with the SBDC. The Chamber sponsored classes were held in the various cities and communities the Chamber serves; however, "spot checks" of the classes yielded that our businesses did not attend based on location of their business, but rather by proximately to where the business owner lived. In addition, another component of attendance was also based on content and the date and time of the class being offered. Evening and Saturday classes yielded higher attendance. Classes have ranged from 63 attendees to 8. The Chamber did provide a sign in sheet for our attendees in order to capture a listing of members versus non-members. The Chamber, once it became aware that businesses were attending by proximately to their homes rather than their business, the Chamber re- tooled the sign -in sheet to capture the participant's business location and not home residence. The Chamber has created a business resource page on the Chamber web site. This resource page has links to vital business information to aid small business. Such listing are: the SBA, SBDC, SCORE, Tech for Small Business, State of California Employment Development Department, the San Gabriel Valley Economic Partnership, the CalChamber, HR California and many more. G. The Chamber has provided on a monthly basis to the City Manager all known available commercial and office space within the City of Diamond Bar since the inception of the contact. This information has been provided by the Chamber leadership licensed real estate agents. H. The Chamber has conducted two informal breakfast meetings with members of the Diamond Bar business community and the City Manager. The first breakfast meeting was held in November and the other in January. The Chamber in good faith has made every effort to contact all Diamond Bar businesses through email and telephone to encourage attendance at the quarterly breakfast meetings. 0 Page 6 These meetings have been highly productive in allowing the City Manger to share pertinent information to the business community, dispel rumors, problem solve and gamer information useful to the City. The Chamber and city staff are working to coordinate another quarterly meeting the end of April or early May_ I. The Chamber Director and the City Manger have met on a regular basis either as a formal meeting or via telephone to discuss issues impacting the business community as well as benchmark the obligations of the contract. Discussions with the Chamber Director and the City Manager have centered on the contract to ensure the Chamber is fulfilling the intent of the contract. These meetings have resulted in a verbal positive affirmation by City Staff in regards to fulfillment of the contract. This business relationship between the Chamber and the City of Diamond Bar has worked well to acquire business support for the City Council initiated business license fee this past fiscal year, broker solutions for the community and lend overall support to the economic climate of the City. In closing, the Chamber is pleased to work with the City of Diamond Bar. The Chamber welcomes and encourages new ideas, opportunities, and progressive strategies in order to promote and develop a strong local economy while still maintaining the country atmosphere Diamond Bar has come to enjoy. The Chamber looks forward to a long and healthy business relationship. Heidi Gallegos Executive Director Regional Chamber of Commerce — San Gabriel Valley 21845 E. Copley Drive, Suite 1170 T: 909.860.1904 F: 909.860.6064 E: exec(a)regionalchambersgv.com www.regionalchambersqv.com CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of July 1, 2008 by and between the City of Diamond Bar, a municipal corporation ("City") and the Regional Chamber of Commerce of San Gabriel Valley, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." 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." 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 July 1, 2008 and shall continue through June 30, 2009, unless earlier terminated pursuant to the provisions herein. 3. Compensation. The City agrees to compensate Consultant $1,000 a month to perform to the satisfaction of City the duties set forth in Exhibit "A." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed twelve thousand dollars ($12,000.). 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: Consultant: City Manager Executive Director City of Diamond Bar Regional Chamber of Commerce Page 1 of 8 21825 East Copley Drive 21845 E. Copley Drive Diamond Bar, California Diamond Bar, California 91765-4177 91765 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 indemnity 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 to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law. Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify and hold harmless the City of Diamond Bar and Its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants. attorneys, or other professionals and all Page 2 of 8 costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by indemnitees and shall operate to fully indemnify indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which indemnitees may have under the law. Payment is not required as a condition precedent to an indemnitee's right to recover under this indemnity provision, and an entry of judgment against an indemnitee shall be conclusive in favor of the indemnitee's right to recover under this indemnity provision_ Consultant shall pay indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code Sections 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code Section 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the indemnitees, while acting within the scope of their duties from all claims, losses and liabilities arising Out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the indemnitees. 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 Page 3 of 8 an amount of not less thin $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, automobile liability, and professional 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. Consultant agrees that if it does not keep the insurance in fill' force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. 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". 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 -provided 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. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the joint property of City and Consultant without restriction or limitation upon its use or dissemination by City or Consultant. 12. Conflict of Interest Page 4 of 8 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 vendors 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: City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. 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. Financial Condition Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. 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 Page 5 of 8 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. 17. Assignment: Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultants 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. 18. 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. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. 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. 21. 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 Page 6 of 8 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. 22. 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. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. 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. 25. 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 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. 26. 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. "C ity" ATTEST: By.-- City y:City Clerk CITY OF DIAMOND BAR By: City Manager Page 7 of 8 Approved as to form: By: City Attorney "CONSULTANT" By: ts: Page 8 of 8 EXHIBIT "A" FY 2008-2009 CITY SERVICES CONTRACT REGIONAL CHAMBER OF COMMERCE OF THE SAN GABRIEL VALLEY SCOPE OF SERVICES July 1, 2008 through June 30, 2009 A. Administrative Support: Monthly support for services to the City for promotion of City services, informational distribution and efforts to enhance the development of programs for the public benefit. Included in these programs are: Small Business Seminars, Business Expo, City Birthday Party, Business visitations and community outreach. B. City shall have a liasion position on the Chamber of Commerce Board of Director's. This position shall be appointed by the Mayor and shall either be a City Councilmember including the Mayor or a City staff member. This position shall be a non-voting member of the Board for as long as the contract remains in effect. C. City shall be provided, at no cost, the following: Second Tier Banner Advertising on the Chamber website for as long as the contract remains in effect; and two complimentary passes to each Breakfast and Luncheon event for as long as the contract remains in effect. D. Chamber shall develop a "Diamond Bar Business to Business" program to encourage Diamond Bar businesses to purchase items from other businesses in Diamond Bar. At a minimum the program should contain the following elements: marketing information about existing businesses in Diamond Bar that can provide services to other businesses; and/or educational information about how sales tax dollars benefit the community. This program must be available to all businesses in Diamond Bar not just members of the Chamber of Commerce. There may be some difference in level of service for the program between Chamber and non - Chamber businesses. Chamber shall provide the City with the number of businesses participating in the program on a quarterly basis. These quarterly reports shall identify the number of Chamber member businesses and non - Chamber member businesses participating in the program. E. In a continued effort to promote businesses in Diamond Bar to the community and surrounding region, the Chamber shall conduct a minimum of 3 grand opening ribbon cutting events in Diamond Bar. F. In association with the Small Business Development Center at Mt. SAC and the Entrepreneurship Center, the Chamber shall conduct at least five (5) small business workshops in Diamond Bar that will be open to the public, widely advertised, and no charge to participants. The workshop should provide Page 1 of 2 participants with information about writing a business plan, Small Business Administration financing, and developing a marketing plan. G. The Chamber, through its members and contacts in the commercial real estate business, shall use its best efforts to be knowledgeable of all available commercial and office space in the City. To the extent possible, this commercial space availability shall be provided to the City Manager on a monthly basis. H. Conduct at least quarterly meetings in Diamond Bar specifically for Diamond Bar businesses to solicit information about the business community and any issues affecting businesses germane to the City. These meetings shall be available for Chamber and non -Chamber members. Within 30 days following these meetings, the Chamber shall cause a written report to be developed and submitted to the City identifying each concern/issue raised by the business community and the individual or business which raised the issue. Communications: Executive Director and City Manager and/or his designee will meet monthly to discuss issues impacting the business community including any information on specific businesses leaving the City, ideas to promote business retention and expansion in the City and opportunities to promote Diamond Bar and Diamond Bar businesses. Page 2 of 2 Agenda # ti s ( a Meeting Date: 6/17/08 ,.,. .AGENDA REPORT 0100 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mang TITLE: AWARD OF CONTRACT TO TAM NG ELECTRIC, INC. FOR THE CONSTRUCTION OF THE EMERGENCY GENERATOR AT THE DIAMOND BAR CENTER IN THE AMOUNT OF $157,861, PLUS A CONTINGENCY OF $7,893 (5%) FOR A TOTAL AUTHORIZATION OF $165,754; AND APPROPRIATION OF $57,146 FROM THE PARK DEVELOPMENT FUND TO FULLY FUND THIS PROJECT. RECOMMENDATION: Award contract and approve appropriation. FINANCIAL IMPACT: Contractor cost to construct this project is $157,861, plus a contingency amount of $7,893 (5%) for a total contractor authorization of $165,754. Costs for design, plan check, bidding process and construction inspection should total approximately $38,892, bringing the total cost of this project to $204,646. There is $147,500 appropriated in the 2007/08 FY Budget for this project. Therefore, an additional $57,146 appropriation from the Park Development Fund is necessary to fully fund this project. BACKGROUND: The purpose of the emergency generator at the Diamond Bar Center is to provide electricity at the center when there is a power outage. This will be very important if the center has to be used as an evacuation center or emergency operations center in the event of a major disaster. The plans and specifications for this project were released to receive bids from construction contractors on May 12, 2008. Eight (8) bids were received and opened on June 9, 2008. Bids ranged from a low of $157,861 to a high of $249,439.77. The apparent low bidder is Tamang Electric, Inc. DISCUSSION: Staff checked the status of the contractor license of Tamang Electric, Inc. with the State of California and it is active and clear. Staff checked references provided by the contractor and there were no concerns presented. If this contract is awarded on June 17, construction by the contractor should begin by mid to late July. The contract allows 45 days to complete the work, so if all materials are available to start construction, it should be completed by mid to late September. Sometimes, due to the lead time necessary to order a generator currently out -of -stock, an additional 8 to 10 weeks could be added to the construction schedule. Construction inspection work for this project will be done by Reedcorp and D & J Municipal Services. D & J Municipal Services also completed the plan check for this project. Director of Community Services Attachments: Agreement Bid Submittal / Opening Results AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Tamang Electric, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Tamang Electric, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Construction of the Emergency Generator at the Diamond Bar Center in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Construction of the Emergency Generator at the Diamond Bar Center in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated May 12, 2008 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated June 9, 2008 , together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. The CONTRACTOR agrees to complete the work within 45 calendar dans from the date of the notice to proceed. 4, The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. in accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnities") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnities against and will hold and save Indemnities harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnities harmless therefrom. C. In the event Indemnities are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnities and any all costs and expenses incurred by Indemnities in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnities may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnities. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnities. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 9, 2008. 13. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 14. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. CONTRACTOR'S NAME ADDRESS Date CONTRACTOR'S Business Phone: By: TITLE: CONTRACTOR'S Emergency Phone: CITY OF DIAMOND BAR, CALIFORNIA Date ATTEST: Date APPROVED AS TO FORM: CITY ATTORNEY Date By: JACK TANAKA MAYOR By: TOMMYE CRIBBINS CITY CLERK OF DIAMOND BAR SUBMITTAL/OPENING WORKSHEET PROJECT: purchase and Instllztion of Emergency Generator for D.B. Center BID OPENING DATE: June 9, 2008 2:00 p.m. B B A NO. CONTRACTOR AMOUNT OF BID D N D COMMENTS D M m « l l ,S 7 �' 6 r 4 C.C-1, CONS7RQCTI DN1 7 00 l0,90, lev j p / _0F CITY OF DIAMOND BAR BID SUBMITTAL/OPENING WORKSHEET PROJECT: purchase and Instllat ion of Emergency Generator for D.B. Center BID OPENING DATE: ;.lune 9, 2008 2:00 p.m. NO. CONTRACTOR AMOUNT OF BID B B D N D A D M COMMENTS l � J /'50 677�� (P / (� J 10 i� PAGE �)- OF CITY COUNCIL Agenda # 6.5 (b) Meeting Date: 6117108 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: AWARD CONTRACT TO REEDC RP ENGINEERING IN THE AMOUNT OF $7,300 FOR CONSTRUCTION SUPPORT SERVICES TO BE PROVIDED DURING CONSTRUCTION OF THE EMERGENCY GENERATOR AT THE DIAMOND BAR CENTER, PLUS RATIFY THE CITY MANAGER'S AWARD OF CONTRACT TO REEDCORP ENGINEERING TO DEVELOP CONSTRUCTION DOCUMENTS FOR THIS PROJECT IN THE AMOUNT OF $23,800, FOR A TOTAL AUTHORIZATION OF $31,100. RECOMMENDATION: Award / Ratify Contract. FINANCIAL IMPACT: Funds for this contract are included in the $147,500 appropriation for the Emergency Generator Project in the 2007/08 FY Budget. BACKGROUND: Staff released the RFP to obtain services of an electrical engineer for this project in March, 2007. The RFP was mailed to the City's electrical engineer mailing list of six firms and it was also sent to five different consultant finders newsletters. A response was received from just one firm, Reedcorp Engineering. Reedcorp Engineering has successfully provided electrical engineering services previously in Diamond Bar, including the development of the original electrical plans for Pantera Park, Pantera Park ball field lights and Sycamore Canyon Park ADA Phase III. Staff awarded a contract to Reedcorp Engineering to complete the construction documents for this project in the amount of $23,800 utilizing the City Manager's authority for contracts under $25,000. The bids for this construction project have been received and the contract to the lowest responsive bidder is also being considered by the City Council at this meeting (June 17, 2008). Construction usually starts 4 to 6 weeks after award of contract. The construction schedule is 45 days. If completed on schedule, the project should be completed by September 19, 2008. DISCUSSION: The services that will be provided by Reedcorp Engineering during construction of the Emergency Generator at the Diamond Bar Center include: Assist City with any clarifications to bid, which City would issue to contractors prior to bid. 2. Attend pre -construction meeting. 3. Attend up to two on-site meetings during construction. 4. Answer RFI's from City/contractors. 5. Shop drawing review. 6. Attend one final job walk meeting and prepare `punch list'. 7. Schedule one on-site visit for Landscape Architect during construction. PRE rDD : B b1R6se Director of Community Services Attachments: Consultant Services Agreement Proposal from Reedcorp Engineering dated March 27, 2007 (Exhibit "B"). Proposal from Reedcorp Engineering dated June 11, 2008 (Exhibit "C"). CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of _June 17, 2008 by and between the City of Diamond Bar, a municipal corporation ("City") and Reedcorp Engineering, ("Consultant"). RECITALS A. Following the submittal of a proposal in response to the City's Request for Proposals (RFP), City entered into an agreement with Consultant on April 20, 2007 as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's RFP. B. Consultant performed specific design services as described in Exhibit "B" the Consultant's Response (Tasks A, B, C & D only, plus reimbursables per 1.8), dated March 27, 2007 to the City's RFP in the amount of $23,800. C. Agreement with Consultant was approved by the City Manager through his authority to approve contracts up to $25,000. D. City desires to utilize the services of Consultant to provide inspection services to City as set forth in Exhibit "A", the City's RFP. 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 "C" the Consultant's Response (Tasks A, B & C), dated June 11, 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 "C." 2. Term of Agreement. Term of this Contract begins on the date set forth above and shall continue until December 31. 2008 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 "C." 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 $7,300. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City of Diamond Bar James DeStefano, City Manager 21825 Copley Drive Diamond Bar, CA 91765-4178 6. Status as Independent Consultant. Consultant: Reedcorp Engineering, Inc. Ronald W. Reed, Principal 2061 Business Center Drive, Ste. 110 Irvine, CA 92612 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 negligent 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, represents 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" CITY OF DIAMOND BAR L; Jack Tanaka, Mayor ATTEST: Tommye Cribbins, City Clerk Approved as to form: City Attorney "CONSULTANT" am Its: REEDCORP ENGINEERING CONSULTING ELECTRICAL ENGINEERS March 27, 2007 City of Diamond Bar Community Services Department 21825 Copley Drive Diamond Bar, CA 91765 Attn: Bob Rose, Director of Community Services RE: New Emergency Generator System for City of Diamond Bar Center (22,000 S.F. Community Center) Dear Bob: We are pleased to provide electrical engineering services for subject project. A. Information requested in 3120107 City RFP F.xh i h i t "R" 2061 Business Center Drive Suite 110 Irvine, CA 92612 Phone: (949) 752-1278 Fax: (949) 752-1287 E -Mail Address: EEQReedcorp.net 1. Company Background: a. Reedcorp Engineering, Inc. was established in 1983 with special expertise in parktrecreation projects encompassing sports lighting, lighting studies, community centers, emergency systems for same including emergency generators. b. Enclosed is our company brochure for added company information. 2. References: a. Musco Lighting, Mr. Brent Marchetti, 949-754-0503 15311 Barranca Parkway, Irvine, CA 92618 b. City of Lakewood, Ms. June Anderson, 562-866-9771 x2506 Mr. Max Withrow, 562-866-9771 x2502 5050 N. Clark Avenue, Lakewood, CA 90712 C. City of Orange, Mr. Dana Robertson, 714-744-7283 230 E. Chapman Avenue, Orange, CA 92866 3. California State license: Mr. Thomas E. Hartman, No. 7531 Mr. Randall K. Meyer, Architect C14364, Landscape Architect No. 3082 4. Bond information: (Not required per Bob Rose) 5. Insurance information: (Copy of Reedcorp standard insurance attached accepted per Bob Rose.) A CALIFORNIA CORPORATION Mr. Bob Rose — City of Diamond Bar New Emergency Generator System March 27, 2007 Paqe 2 of 5 a. Reedcorp Engineering, Inc. maintains workers compensation, business liability, professional liability, commercial auto insurance policies in compliance with City RFP. 6. Fee information: See attachment 'A'. Recent emergency generator design experience: ■ Harvard/Westlake HS Emergency Generator — Studio City ■ Emergency Generator System — City of Rolling Hills ■ Water Plant Emergency Generator — City of Lakewood ■ Generator for Maintenance Yard — City of Lakewood ■ Portable Generator Hook-up — City of Lakewood ■ Portable Generator for Water Yard — City of Lakewood • Various Generators for commercial projects 8. Statement: a. We have reviewed the "Consulting Services Agreement'. A. E Mr. Bob Rose — City of Diamond Bar New EmergeIncy Generator System March 27, 2007 ATTACH MENT'A' SCOPE OF WORK AND FEES Page 3 of 5 Scope of Work — Plans 1. Visit Community Center and observe existing electrical items relater{ to this project. 2. Review existing Community Center plans for items related to this project. 3. Set up new electrical plans for this project in AutoCAD format. 4. Review with City staff options for fuel types for new generator. 5. Coordination with SCE for intercepting existing power for installation of generator. 6. Prepare preliminary electrical plans indicating proposed location of new equipment for City review. 7. Second visit to site with City staff to review project in further detail. 8. Provide final construction plans including all circuiting and details required including: a. New emergency generator system (diesel or natural gas as selected by City). Generator to locate at exterior in close vicinity to SCE transformer and main electrical room. b. New emergency transfer switch to mount on exterior wall next to generator. C. Generator weather proof housing. d. Generator control panel to mount in building to be monitored by City staff. e. Standard concrete pad in Par. B (below) if not selected. 9. Electrical and generator system specifications. 10. Construction cost estimate. 11. Comply with Building Dept. plan check. 12. One final review with City staff and assist City with City bid documents. City is to prepare 'boiler plate' of bid documents and insert electrical specifications. Scope of Work — Concrete Pad Work if Diesel Generator selected 1. Reedcorp to retain a licensed arch itect/landscape architect (LA) to design the concrete pad (moat) for the generator for mounting of generator and code required containment if leakage/spill of diesel fuel. 2. LA to visit site and discuss new pad with City. 3. LA to provide plans and specifications for new pad and comply with fuel drainage requirements. 4. LA to comply with Building Department plan check. C. Scope of Work — Plumbing Engineer if Natural Gas (only) Generator selected 1. Reedcorp to retain a licensed plumbing engineer for hook-up to adjacent natural gas supply on site. Mr. Bob Rose — City of Diamond Bar New Emergency Generator System March 27, 2007 D. Scope of Work - Bid Period (Electrical) Page 4 of 5 1. Attend job walk with City staff and contractors bidding project and answer questions. 2. Assist City with any clarifications to bid, which City would issue to contractors prior to bid. 3. Assist City with review of bids and assist with recommendations. E. Scope of Work — Construction Support (Electrical) 1. Attend pre -construction meeting. 2. Attend project sites two times during construction. 3. Answer RFI's from City/contractors. 4. Shop drawing review. 5. Attend one final job walk and prepare 'punch list'. F. Scope of Work — Construction Support (for LA) if Par. B required 1. Visit site one time. 2. Answer RFI's from City/contractors. G. Scope of Work — Construction Support (for Plumbing Engineer) if Par. C required 1. Visit site one time. 2. Answer RFPs from City/contractors. H. Work not Included (available for added fees) 1. Printing costs other than those used in coordination directly with client. 2. Permits and plan check fees, including the plan check submittal, forms and printing. 3. Walls, barriers, landscaping around new generator. 4. Work not outlined in Paragraphs A, B, C, D E, F and G above. I. Compensation 1. Reimbursement for Paragraph A (Plans) shall be a fixed fee of Fifteen Thousand Dollars ($15,000.00). 2. Reimbursement for Paragraph B (Diesel Concrete Pad Work) shall be a fixed fee of Four Thousand Dollars ($4,000.00). 3. Reimbursement for Paragraph C (Plumbing Engineer) shall be a fixed fee of One Thousand Five Hundred Dollars ($1,500.00). 4. Reimbursement for Paragraph D (Bid Period) shall be a fixed fee of Two Thousand Five Hundred Dollars ($2,500.00). Mr. Bob Rose — City of Diamond Bar New Emergency Generator System March 27, 2007 Page 5 of 5 5. Reimbursement for Paragraph E (Construction Support — Electrical) of Four Thousand Eight Hundred Dollars ($4,800.00). be a fixed fee 6. Reimbursement for Paragraph F (Construction Support — Landscape Architect) shall be a fixed fee of One Thousand Eight Hundred Dollars ($1,800.00). 7. Reimbursement for Paragraph G (Construction Support — Plumbing Engineer) shall be a fixed fee of One Thousand Two Hundred Dollars ($1,200.00). 8. Reimbursable allowance for in-house digital reproductions of existing plans, printing and deliveries shall be $800.00. 9. Extra services shall be on an hourly basis Principal: ....................... $140.00 Project Manager: ............ $95.00 Designer: ................. ...... $80.00 Drafting: .......................... $70.00 Clerical: ........................... $35.00 Note: Items 2, 3, 6 and 7 are selected items. Sincere, Reedcor� Ei ineering, Inc. Lc41/A:ed Rona Principal RWR/lm 1\Reedcorp\documents'Proposals\Ncw Emergency Generator System -City of Diamond Bar 3-19-07 RFP.doc REEDCORP ENGINEERING CONSULTING ELECTRICAL ENGINEERS June 11, 2008 Mr. Bob Rose City of Diamond Bar Community Services Dept. 21825 Copley Drive Diamond Bar, CA 91765 RE: New Emergency Generator — Construction Support Phase Diamond Bar, CA Dear Bob: 2061 Business Center Drive Suite 110 Irvine, CA 92612 Phone: (949) 752-1278 Fax: (949) 752-1287 E -Mail Address: EE@Reedcorp.net We are pleased to provide the following revised services for subject project: A. Scope of Work — Bid Period (Electrical) 1. Assist City with any clarifications to bid, which City would issue to contractors prior to bid. B. Scope of Work — Construction Support (Electrical) 1. Attend pre -construction meeting. 2. Attend project sites two times during construction. 3. Answer RFI's from City/contractors. 4. Shop drawing review. 5. Attend one final job walk and prepare 'punch list'. C. Scope of Work — Construction Support for Landscape Architect 1. Visit site one time. 2. Answer RFI's from City/contractors. D. Compensation 1. Reimbursement for Paragraph A (Bid Period) shall be a fixed fee of Five Hundred Dollars ($500.00). 2. Reimbursement for Paragraph B (Construction Support - Electrical) shall be a fixed fee of Four Thousand Eight Hundred Dollars ($4,800.00). 3. Reimbursement for Paragraph C (Construction Support — Landscape Architect) shall be a fixed fee of Two Thousand Dollars ($2,000.00). 4. Extra services shall be on an hourly basis. Our hourly rates are as follows: A CALIFORNIA CORPORATION Mr. Bob Rose — City of Diamond Bar New Emergency Generator— Construction Support Phase Page 2 of 2 Principal : ........................ .............. $140.00 Project Manager: ........................... $95.00 Designer: ....................................... $80.00 Drafting: ...... .................................. $70.00 Clerical: .......................................... $35.00 Sincerely, Reedcorp Engineering, Inc. onald W. Reed Principal .fid vml \VesbsMocumentsTroject Documents\2198 New Emergency Generator Syst-City of Diamond Bar 4-07\CS proposal revised 6-11-08.docx Agenda # 6.5 (c) Meeting Date: 6/17/08 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members Qf the City Council FROM: James DeStefano, City Mana r TITLE: AWARD OF CONTRACT TO TWO ORSE CONSTRUCTION FOR THE CONSTRUCTION OF V -DITCH AND LANDSCAPING IMPROVEMENTS ON GOLDRUSH EAST OF DIAMOND BAR BOULEVARD IN THE AMOUNT OF $62,500, PLUS A CONTINGENCY OF $6,250 (10%) FOR A TOTAL AUTHORIZATION OF $68,750. RECOMMENDATION: Award contract. FINANCIAL IMPACT: Contractor cost to construct this project is $62,500, plus a contingency amount of $6,250 (10%) for a total contractor authorization of $68,750. Costs for design, plan check, bidding process and construction inspection should total approximately $46,830, bringing the total cost of this project to $115,580. There is $150,000 appropriated in the 2007/08 FY Budget for this project. BACKGROUND: The slope on Goldrush East of Diamond Bar Boulevard suffered a surficial slide during the winter storms in 2005. Staff contracted with a civil engineer, Group Delta Consultants, to evaluate the slide, determine the cause and to develop plans and specifications to prevent this type of slide from happening again. Their research determined the slide was caused by the large amount of water that surface flowed from a higher elevation and then down the face of the slope. There is no v - ditch above the face of the slope to prevent this from happening. Group Delta Consultants believe the construction of a v -ditch at the top of the slope will prevent future slides on this slope. The plans and specifications for such a v -ditch have been completed, plus plans have been included to landscape the parkway area at the toe of the slope between the sidewalk and curb. The plans and specifications were released to receive bids from construction contractors on May 13, 2008. Nine (9) bids were received and opened on June 10, 2008. Bids ranged from a low of $62,500 to a high of $152,800. The apparent low bidder is Two Horse Construction. DISCUSSION: Staff checked the status of the contractor license of Two Horse Construction with the State of California and it is active and clear. Staff checked references provided by the contractor and there were no concerns presented. If this contract is awarded on June 17, repair work by the contractor should begin by mid to late July. The contract allows 45 days to complete the work, so it should be completed by mid to late September. Construction management work for this project will be done by Group Delta Consultants; inspection work will be performed by Arroyo Geotechnical. Plan check was done by Arroyo Geotechnical and Hall & Foreman. REVIEWE Bdb`IaiA1Y `'-/ Director of Community Services Attachments: Agreement Bid Submittal / Opening Results AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Two Horse Construction hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and and; WHEREAS, City did accept the bid of CONTRACTOR Two Horse Construction WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Construction of V -Ditch and Landscaping Improvements on Goldrush East of Diamond Bar Boulevard in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Construction of V -Ditch and Landscaping Improvements on Goldrush East of Diamond Bar Boulevard in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated May 12, 2008 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated June 10, 2008, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. The CONTRACTOR agrees to complete the work within 45 calendar days from the date of the notice to proceed. 4, The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included,- 3) ncluded;3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen 'employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnities") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnities against and will hold and save Indemnities harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnities harmless therefrom. C. In the event Indemnities are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnities and any all costs and expenses incurred by Indemnities in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnities may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnities. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the indemnities. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 10, 2008. 13. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 14. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. CONTRACTOR'S NAME ADDRESS Date CONTRACTOR'S Business Phone: By: TITLE: CONTRACTOR'S Emergency Phone: CITY OF DIAMOND BAR, CALIFORNIA Date ATTEST: Date APPROVED AS TO FORM: CITY ATTORNEY Date 23 JACK TANAKA MAYOR By: TOMMYE CRIBBINS CITY CLERK 0 r IN CITY OF DIAMOND BAR BID SUBMITTAL/OPENING WORKSHEET PROJECT: Gold Rush V• -Ditch Project BID OPENING DATE: Jurie, 10, 2008 2-.00 p.m. NO. CONTRACTOR AMOUNT OF BID B B D N D A D M COMMENTS yD c-6' (W OSG 14 i;�'C". ( q i -;? baa A119 `r reer� C'(a 1 7 -777_ PAGE / OF a CITY OF DIAMOND BAR BID Sl113MITTAL/01PENING WORKSHEET PROJECT: Gold Rush V• --Ditch Project BID OPENING DATE: Julie 10, 2008 2:00 p.m. NO. CONTRACTOR AMOUNT OF BID B B D N D A D M COMMENTS Mc �523 (o 10� PAGE c5�- OF �_ Agenda # 6. 5 (d ) Meeting Date: 6/17/08 CITY COUNCIL �' _��, P� AGENDA REPORT TO: Honorable Mayor and Members of the City Council '1 FROM: James DeStefano, City Man TITLE: AWARD OF CONTRACT TO EM D NABIH FOR THE CONSTRUCTION OF TRAIL CONNECTIONS AT STEEP CANYON AND AT THE DIAMOND BAR CENTER IN THE AMOUNT OF $150,138.05, PLUS A CONTINGENCY OF $15,014 (10%) FOR A TOTAL AUTHORIZATION OF $165,152.05. RECOMMENDATION: Award contract. FINANCIAL IMPACT: Contractor cost to construct this project is $150,138.05, plus a contingency amount of $15,014 (10%) for a total contractor authorization of $165,152.05. Costs for design, plan check, bidding process and construction inspection should total approximately $89,800, bringing the total cost of this project to $254,952.05. There is $255,000 appropriated in the 2007/08 FY Budget for this project. BACKGROUND: The trail connections at Steep Canyon and at the Diamond Bar Center will be the first trail improvements east of Diamond Bar Boulevard. These connections are important because they will make it easier for hikers to access the trails that run through the 350 acres of open space acquired from Pulte. This project will make it possible to hike from Diamond Bar Boulevard all the way to the Diamond Bar Center. $140,000 of the funding for this project is from a grant awarded by the Rivers and Mountains Conservancy. The remainder of the funding is from Park Development funds and a small $5,000 grant from Waste Management. Plans and specifications for this project were released to receive bids from construction contractors on May 12, 2008. Four (4) bids were received and opened on June 12, 2008. Bids ranged from a low of $150,138.05 to a high of $185,855. The apparent low bidder is Emad Nabih. DISCUSSION: Staff checked the status of the contractor license of Emad Nabih with the State of California and it is active and clear. Staff checked references provided by the contractor and there were no concerns presented. If this contract is awarded on June 17, construction by the contractor should begin by mid to late July. The contract allows 60 days to complete the work, so it should be completed by mid to late October. Construction management and inspection services will be provided by Group Delta Consultants; geotechnical services for this project will be done by Leighton and Associates. Plan check was done by D & J Municipal Services. REVIEW,F.Q BY: Director of Community Services Attachments: Agreement Bid Submittal / Opening Results AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Emad Nabih hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Emad Nabih and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Construction of Trail Connections at Steep Canyon and at the Diamond Bar Center in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Construction of Trail Connections at Steep Canyon and at the Diamond Bar Center in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated May 12, 2008 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated June 11, 2008, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. The CONTRACTOR agrees to complete the work within 60 calendar days from the date of the notice to proceed. 4, The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnities") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnities against and will hold and save Indemnities harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnities harmless therefrom. C. In the event Indemnities are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnities and any all costs and expenses incurred by Indemnities in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnities may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnities. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnities. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 11, 2008. 13. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 14. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. CONTRACTOR'S NAME ADDRESS Date CONTRACTOR'S Business Phone: By: TITLE: CONTRACTOR'S Emergency Phone: CITY OF DIAMOND BAR, CALIFORNIA By: Date JACK TANAKA MAYOR ATTEST: By: Date APPROVED AS TO FORM: CITY ATTORNEY Date TOMMYE CRIBBINS CITY CLERK 9 0 d) CITY OF DIAMOND BAR BID SUBMITTAL/OPENING WORKSHEET PROJECT: Sycamore Canyon `!'rai1 Phase II - Steep Canyon at Clear Creek Canyon/ _. BID OPENING DATE: June 12; 2008 2:00 p.m. B B A NO. CONTRACTOR AMOUNT OF BID D N D COMMENTS D M `W1 ",LZ, All NA 504 B�Cy�i i -� es 7 -6 S�-�r�'E %� P l S -) � PAGE I OF _/ CITY COUNCIL TO: Honorable Mayor and Members of the City Council 5.5 (e) Meeting Date: 6/17/08 AGENDA REPORT VIA: James DeStefano, City Mana TITLE: APPROVAL OF AMENDMENT #1AGREEMENT WITH GROUP DELTA CONSULTANTS FOR CONSTRUCTION INSPECTION SERVICES FOR TWO (2) PROJECTS: 1) CONSTRUCTION OF V -DITCH AND LANDSCAPE IMPROVEMENTS AT STORM DAMAGED SLOPE ON GOLD RUSH EAST OF DIAMOND BAR BLVD; 2) CONSTRUCTION OF TRAIL ACCESS POINTS AT STEEP CANYON/CLEAR CREEK CANYON AND DIAMOND BAR CENTER/SUMMIT RIDGE PARK; IN THE TOTAL AMOUNT NOT TO EXCEED $48,740. RECOMMENDATION: Approve. FINANCIAL IMPACT: Total of $405,000 is included in the 2007/08 FY Budget for these projects. Total estimated cost of these projects including design, testing, plan check, printing, construction, inspection and close-out is $380,000. This amount includes the cost of this contract amendment. BACKGROUND: The City Council awarded a contract to Group Delta Consultants for the design of these two projects on September 20, 2005: 1) design of repairs for storm damaged slope at Gold Rush east of Diamond Bar Blvd; 2) design of trail access points at Steep Canyon/Clear Creek Canyon and Diamond Bar Center/Summitridge Park. Group Delta Consultants has completed the plans and specifications for these projects and the planned improvements are about ready to be constructed. The construction documents are now out to bid and the award of contract to a construction contractor is scheduled to come to the City Council for consideration at the 6/17/08 Council meeting. Staff is seeking City Council approval of the contract amendment with Group Delta Consultants at this time so they can schedule their staff to provide construction inspection services for the construction phase of this project. DISCUSSION: The construction inspection services that will be provided by Group Delta Consultants include soils inspection and testing, soils lab test fees, as -needed engineering support and final report, plus typical construction administration support including review and approval of addenda, change orders, material submittals, and shop drawings; clarification of plans and specifications to construction contractor; and site visits and written reports on construction progress. They will also assist in reviewing and processing change order and payment requests, developing the final punch list for project acceptance, and preparing as -built plans for the City's permanent record. Group Delta Consultants is a geotechnical engineering firm that has extensive experience providing these types of services, all of which the City needs to ensure the proper construction of these projects. PREP B f 1� G I Bo Director of Community Services Attachments: Amendment #1 dated 6/17/08 in the amount of $48,740. Consultant Services Agreement dated 9/20/05 in the amount of $50,940. Three (3) Proposals dated May 23, 2008 from Group Delta Consultants for Construction Inspection Services for the following projects: 1. Steep Canyon portion of trail access points construction project in the amount of: $18,200 2. Diamond Bar Center / Summit Ridge Park portion of trail access points construction project in the amount of: $18,200 Total for trail access points project: $36,400 3. Slope at Gold Rush east of Diamond Bar Blvd: $12,340 GRAND TOTAL OF AMENDMENT #1 $48,740 AMENDMENT #1 TO AGREEMENT THIS AMENDMENT #1 TO AGREEMENT is made this 17th day of June 2008, by and between the CITY OF DIAMOND BAR, a municipal corporation ("City") and GROUP DELTA CONSULTANTS ("CONSULTANT'). Recitals: a. CONSULTANT entered into an agreement with CITY on September 20, 2005 (the "AGREEMENT") in the amount not to exceed $50,940 for design services for Civil Engineering And Geotechnical Services for two projects: 1) Design of Repairs for Storm Damaged Slopes at Gold Rush East of Diamond Bar Blvd; 2) Design of Trail Access Points at Steep Canyon/Clear Creek Canyon and Diamond Bar Center/Summit Ridge Park Projects. b. Parties desire to amend the AGREEMENT to add Construction Inspection Services as described in the CONSULTANT'S proposals dated May 23, 2008 for an amount not to exceed $48,740 and to extend the term of the agreement to December 31, 2008. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Exhibit "B" to the AGREEMENT described in Section 1. A. is amended by adding Construction Inspection Services as described in proposals dated May 23, 2008. Section 2 — Section 3 of the AGREEMENT is amended to add compensation in the amount of $48,740 for a total authorization not to exceed $99,680. Section 3 — Section 2 of the AGREEMENT is amended to extend the term to December 31, 2008. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Jack Tanaka Mayor APPROVED TO FORM City Attorney GROUP DELTA CONSULTANTS Consultant Signed Title City Clerk CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of September 20, 2005 by and between the City of Diamond Bar, a municipal corporation ("City") and Group Delta Consultants, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals. 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 for the design of repairs for storm damaged slopes at Gold Rush east of Diamond Bar Blvd & two (2) trail access points to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated September 8, 2005 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 September 20. 2005 and shall continue until December 31, 2006 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 $50,940. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City of Diamond Bar Consultant: Group Delta Consultants Linda C. Lowry, City Manager Dr. Kul Bhushan 21825 Copley Drive 92 Argonaut, Suite 120 Diamond Bar, CA 91765-4178 Aliso Viejo, CA 92656-4121 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 negligent 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, represents 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: 5N- I Li7�1.7I_�►ri[iP►U By: , ' f i ic�Lr By: 'Li da Lowry, City Wen Chang, Mayor7_ GROUPI May 23, 2008 City of Diamond Bar Community Services Department 21825 Copley Drive DELTA Diamond Bar, CA 91765 Certified WE Attention: Bob Rose cWkdWCW taxa�unv Director of Community Services ra,Z.&V „t0"v,,,,,xy Subject: Construction Phase Geotechnical Engineering Services Earthyuakr fnglnetHag Steep Canyon Trail hlntmoL Tnne{rb Diamond Bar, California Group Delta Proposal No. 105-076B fnrn..K Srrevi� Dear Mr. Rose: In response to your request, we are pleased to submit this proposal for providing construction phase geotechnical services on the subject project. Background GDC prepared plans and specifications for two trails (Steep Canyon Trail and Summitridge Park Access Trail) within the City of Diamond Bar. In addition we provided construction phase observation and testing for the Slope Repair at Diamond Bar Center. We are very familiar with the geotechnical issues. Construction Phase Observation Our proposed scope of work is aimed at providing construction observation and testing. Following is an overview of our scope items: 1. We will provide geotechnical observation and testing and as needed engineering support during the construction to verify the construction is performed in accordance with our plans (including responses to RFIs related to the geotechnical issues and providing daily reports to the City consultant). Following are specific scope items: o Observation of excavations and cuts; o Observation and testing of fill and DG placement; 92 Argonaut, Suite 120 ♦ Aliso Viejo, California 92656-4121 ♦ (949) 6N-1020voice ♦ (949) 609-1030fnr Torrance. California ♦ (310) 320-51(N) San Diego, California A (85S) 524.1500 ww .CroupDelta.com Construction Phase Geotechnical Engineering Services Steep Canyon Trail Group Delta Proposal No. 105-076C May 23, 2008 Page 2 o Observation of retaining wall foundation; o Observation of placement of geogrid reinforcement and backfill for the retaining walls; o Observation of the foundation for V ditch and cobble swale; and o Observation of the steps construction. 2. We will provide a written report to document our observation and testing. Project Schedule We are prepared to start work immediately following the receipt of your written authorization. For our estimate, we have assumed that the trail construction will be performed in about one month. Fees Our fee will be based on time and materials. Our cost and specifically our technician hours are based on the contractor's schedule. Our preliminary cost is based on estimated hours. Please note that the technician rate for this project includes use of our nuclear gauge, field vehicle and mileage. Based on the above assumptions, we suggest that you provide an initial authorization of $18,000. A detailed breakdown is provided in the following table. Inspection and Testing Soil Technician 160 hours @ $85/hour Lab Testing As needed Engineering Support and QA/QC Engineer 20 hours @ $140/hour Compaction Report 13,600 600 2,800 1.200 TOTAL $ 18,200 Additional services will be performed in accordance with our Standard Fee GROUP Schedule. A copy of our fee schedule is attached in Appendix A. Budgets for such 71 services can be presented as the project progresses. UNUMM DELTA N:\Proposals\2005\105-076 Diamond Bar Slope Repair\2007 Proposal - Construction Phase\Construction Phase Services Steep Canyon, May 2008.doc GROUP ri DELTA Construction Phase Geotechnical Engineering Services Steep Canyon Trail Group Delta Proposal No. 105-076C Concluding Remarks May 23, 2008 Page 3 We look forward to continuing our services on this project. Please feel free to call us if you have any questions on the contents of this proposal. If you accept the terms of this proposal and you wish us to perform the proposed services, please document your authorization to proceed by returning a countersigned copy of this letter or issuing some other type of written authorization. Sincerely, GROUP DELTA CONSULTANTS, INC. x, r�`n� us P.✓ Shah Ghanbari, P.E. President Enclosures Appendix A Fee Schedule and Terms The undersigned, being duly authorized, hereby accepts and specifically agrees to be bound by the above document and exhibits attached hereto, and authorizes Group Delta Consultants, Inc. to undertake the items of work described in the above document. AGREED TO THIS DAY OF —2008. SIGNATURE -90"Ttm TITLE N:\Proposals\2005\105-076 Diamond Bar Slope Repair\2007 Proposal - Construction Phase\Construction Phase Services Steep Canyon, May 2008.doc GROUP May 23, 2008 City of Diamond Bar Community Services Department 21825 Copley Drive DELTAI Diamond Bar, CA 91765 Certified MBE Attention: Bob Rose Director of Community Services Gmtnt+nicJ 6nxi,rrning Gmlogy Subject: Construction Phase Geotechnical Engineering Services Summitridge Park Access Trail EurUw+vuYe Englnrcring Diamond Bar, California Group Delta Proposal No. 105-076D fmnh& Swe4.x Dear Mr. Rose: In response to your request, we are pleased to submit this proposal for providing construction phase geotechnical services on the subject project. Background GDC prepared plans and specifications for two trails (Steep Canyon Trail and Summitridge Park Access Trail) within the City of Diamond Bar. In addition we provided construction phase observation and testing for the Slope Repair at Diamond Bar Center. We are very familiar with the geotechnical issues. Construction Phase Observation Our proposed scope of work is aimed at providing construction observation and testing. Following is an overview of our scope items: 1. We will provide geotechnical observation and testing and as needed engineering support during the construction to verify the construction is performed in accordance with our plans (including responses to RFIs related to the geotechnical issues and providing daily reports to the City consultant). Following are specific scope items: o Observation of excavations and cuts; o Observation and testing of fill and DG placement; 92 Argonaut, Suite 120 ♦ Aliso Viejo, California 92656-4121 AL (949) 609-1020 mire A (949) 609-1030fax Torrance, California A (31(1) 320-511x1 San Diego, California A (858) 524-1500 www.Groupf)dtaxorn Construction Phase Geotechnical Engineering Services May 23, 2008 Summitridge Park Access Trail Page 2 Group Delta Proposal No. 105-076C o Observation of retaining wall foundation; o Observation of placement of geogrid reinforcement and backfill for the retaining walls; o Observation of the foundation for V ditch and cobble swale; and o Observation of the steps construction. 2. We will provide a written report to document our observation and testing. Project Schedule We are prepared to start work immediately following the receipt of your written authorization. For our estimate, we have assumed that the trail construction will be performed in about one month. Fees Our fee will be based on time and materials. Our cost and specifically our technician hours are based on the contractor's schedule. Our preliminary cost is based on estimated hours. Please note that the technician rate for this project includes use of our nuclear gauge, field vehicle and mileage. Based on the above assumptions, we suggest that you provide an initial authorization of $18,000. A detailed breakdown is provided in the following table. Inspection and Testing Soil Technician 160 hours @ $85/hour Lab Testing As needed Engineering Support and QA/QC Engineer 20 hours @ 140/hour Compaction Report 13,600 600 2,800 1,200 TOTAL $ 18,200 Additional services will be performed in accordance with our Standard Fee GROUP Schedule. A copy of our fee schedule is attached in Appendix A. Budgets for such liz services can be presented as the project progresses. r DELTA N:\Proposals\2005\105-076 Diamond Bar Slope Repair\2007 Proposal - Construction Phase\Construction Phase Services Summitridge Park Access Trail, rev Ldoc Construction Phase Geotechnical Engineering Services Summitridge Park Access Trail Group Delta Proposal No. 105-076C Concluding Remarks May 23, 2008 Page 3 We look forward to continuing our services on this project. Please feel free to call us if you have any questions on the contents of this proposal. If you accept the terms of this proposal and you wish us to perform the proposed services, please document your authorization to proceed by returning a countersigned copy of this letter or issuing some other type of written authorization. Sincerely, GROUP DELTA CONSULTANTS, INC. Shah Ghanbari, P.E. President Enclosures Appendix A Fee Schedule and Terms The undersigned, being duly authorized, hereby accepts and specifically agrees to be bound by the above document and exhibits attached hereto, and authorizes Group Delta Consultants, Inc. to undertake the items of work described in the above document. AGREED TO THIS DAY OF 11: SIGNATURE NAME TITLE GROUP fi DELTA N:\Proposals\20051I05-076 Diamond Bar Slope Repair\2007 Proposal - Construction Phase\Construction Phase Services Summitridge Park Access Trail, rev I .doc GROUP1 May 23, 2008 City of Diamond Bar Community Services Department 21825 Copley Drive DELTA Diamond Bar, CA 91765 Certified MBE Attention: Bob Rose Grolrttwird ErtAlnning Director of Community Services Ge+iegy Hyen+RR+,wy Subject. Construction Phase Geotechnical Engineering Services F—Kh"� Engirteedng Slope Repairs - Goldrush Drive M.Wr tiTnfing& Diamond Bar, California 'nOrtYi"n Group Delta Proposal No. 105-076B Fmtia& Senw-n: Dear Mr. Rose: In response to your request, we are pleased to submit this proposal for providing construction phase geotechnical services on the subject project. Background Group Delta Consultants, Inc. evaluated surficial slope failure and provided recommendations for the repair of the slopes. In addition we provided construction phase observation and testing for the Slope Repair at Diamond Bar Center. We are very familiar with the geotechnical issues. Construction Phase Observation Our proposed scope of work is aimed at providing construction observation and testing. Following is an overview of our scope items: 1. We will provide geotechnical observation and testing and as needed engineering support during the construction to verify the construction is performed in accordance with the project plans and our recommendations. 2. GDC will perform the following tasks: • Observe the trimming of the slope and removal of all debris and sloughed material on the slope 92 Argonaut, Suite 120 A Aliso Viejo, California 92656-4121 ♦ (949) 609-1(120vofee ♦ (949) 609-1030fai Torrance, Cahfi mia A (310) .320-r T(R) San Diegn, California A (85S) 524_1500 w—.0 roupDel t a.com Construction Phase Geotechnical Engineering Services Goldrush Slope Repairs - Diamond Bar, California Group Delta Proposal No. 105-076A May 23, 2008 Page 2 • Observe and test the compaction of the berm along the top of the slope • Observe the excavation of the V -ditch and verify that the bottom is in competent material for pouring concrete 3. We will provide a written report to document our observation and testing. Project Schedule We are prepared to start work immediately following the receipt of your written authorization. We understand that construction will be performed in about two to three weeks. Fees Our fee will be based on time and materials. Our cost and specifically our technician hours are based on the contractor's schedule. Our preliminary cost is based on estimated hours. Please note that the technician rate for this project includes use of our nuclear gauge, field vehicle and mileage. Based on the above assumptions, we suggest that you provide an initial authorization of $12,000. A detailed breakdown is provided in the following table. Inspection and Testing Soil Technician 100 hours @ $85/hour Lab Testing As needed Engineering Support and QNQC Engineer 16 hours @ $140/hour Report 8,500 600 2,240 1,000 TOTAL $ 12,340 Additional services will be performed in accordance with our Standard Fee Schedule. A copy of our fee schedule is attached in Appendix A. Budgets for such services can be presented as the project progresses. GROUP Concluding Remarks c We look forward to continuing our services on this project. Please feel free to call us if you have any questions on the contents of this proposal. DELTA NAProposals\2005I05-076 Diamond Bar Slope Repair12007 Proposal - Construction Phasc\Construction Phase Services Goldrush, May 2008.doc Construction Phase Geotechnical Engineering Services Goldrush Slope Repairs - Diamond Bar, California Group Delta Proposal No. 105-076A May 23, 2008 Page 3 If you accept the terms of this proposal and you wish us to perform the proposed services, please document your authorization to proceed by returning a countersigned copy of this letter or issuing some other type of written authorization. Sincerely, GROUP DELTA CONSULTANTS, INC. Shah Ghanbari, P.E. President Enclosures Appendix A Fee Schedule and Terms The undersigned, being duly authorized, hereby accepts and specifically agrees to be bound by the above document and exhibits attached hereto, and authorizes Group Delta Consultants, Inc. to undertake the items of work described in the above document. AGREED TO THIS DAY OF , 2008. SIGNATURE TITLE GROUP fi DELTA N:\Proposals12005\105-076 Diamond Bar Slope Repair12007 Proposal - Construction Phase\Construction Phase Services Goldrush, May 2008_doc APPENDIX A FEE SCHEDULE S TERMS GROUP{ GROUP DELTA CONSULTANTS, INC. 2008 FEE SCHEDULE DELTA HOURLY CHARGES FOR PERSONNEL C,eofmhnical Engineering SENIOR PRINCIPAL ENGINEER/GEOLOGIST $ 225 ren,ok. PRINCIPAL ENGINEER/GEOLOGIST 180 ASSOCIATE ENGINEER/GEOLOGIST 160 Qydrogeolqu SENIOR ENGINEER/GEOLOGIST 145 Engineering na Engin PROJECT ENGINEER/GEOLOGIST 130 STAFF ENGINEER/GEOLOGIST 115 Materials Tes:ing& Inspection - SENIOR TECHNICIAN/PREVAILING WAGE 95 Forensic Services TECHNICIAN 75 DESIGNER/ILLUSTRATOR/AUTOCAD 85 TECHNICAL SUPPORT 65 CHARGES FOR EQUIPMENT VEHICLE: Vehicles $ 8.00/hour Mileage $ 0.51/mile NUCLEAR DENSITY GAUGE $ 8.00/hour OTHER CHARGES Outside services will be charged at cost plus 15 percent. Technician and support personnel time for work over eight (8) hours per day will be charged at 1.25 times the regular rates. Holidays and weekends hours (all hours) will be charged 1.50 times the regular rates. LITIGATION FEES Fees for participation in deposition, arbitration, trial, etc., will be charged at an hourly rate of $300.00 per hour, 4 -hour minimum, portal to portal. TERMS & CONDITIONS RECOGNITION OF RISK Client recognizes that the interpretations and recommendations of Group Delta Consultants, Inc. (GDC) are based solely on the information available to GDC. Client further recognizes that surface and subsurface conditions can vary from those encountered at the times and locations where data are obtained by GDC, and that the limitation on available data results in some level of uncertainty with respect to the interpretation of these conditions despite the use of due professional care. GDC will not be responsible for the effect on any opinion rendered hereunder of unknowns such as acts of others on adjacent properties, variables of nature including but not limited to earthquakes, masking of rocks by heavy ground cover or the works of man, acts of God or other variables beyond the control of GDC. GDC shall write reports so as to meet the administrative requirements of local governmental agencies; however, as the decisions of such agencies are discretionary, GDC does not guarantee the approval of its reports or of Client's project by any governmental agency. PROFESSIONAL RESPONSIBILITY GDC represents that the services shall be performed, within the limits prescribed by Client, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No other representations to Client, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. INDEMNIFICATION Client agrees to indemnify, hold harmless and defend GDC from and against any and all loss, expenses, including attorney's fees, injury, damage, to property or person, liability, costs and/or claims arising out of the services performed by GDC and/or work performed by client and/or other parties upon the real property described herein above, regardless of the negligence of GDC, its agents, employees, officers, directors or shareholders, exceut where such loss, injury, damage, liability, cost, expenses or claims are the result of the sole negligence or willful misconduct of GDC, its agents, employees, officers, directors or shareholders; provided, however, that any such liability resulting from any design defects (as defined in California Civil Code Section 2782.5) shall be the sole responsibility of the client. LIMITATION OF LIABILITY In the event the indemnification clause contained herein is found to be void, unenforceable, against public policy or otherwise inapplicable to claims advanced against GDC by Client or others, the liability for damages due to the professional negligence of GDC shall be limited to an amount not to exceed $50,000 or the fee of GDC, whichever sum is more. For any damage caused by negligence other than professional negligence, GDC's liability, including that of its employees, agents and subcontractors, in the aggregate under this Agreement, shall not exceed the limits of GDC's comprehensive general and automobile liability insurance coverage. In no event shall either GDC or Client be liable for consequential damages, including, without limitation, loss of use, loss of profits or the additional costs of completing the development of the property described herein above due to delays, incurred by one another or their respective subsidiaries or successors, regardless of whether such claim is based upon alleged breach of contract, willful misconduct or negligent act or omission, whether professional or non-professional, of either of them or their agents, employees, subcontractors, officers, directors or shareholders. METHOD OF CHARGING AND PAYMENT CONDITIONS GDC will submit the invoices to Client as stated in the proposal or periodically and a final invoice will be submitted upon completion of our services. All retainers are held for credit to the final invoice. Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge of one and one-half percent (1-1/2%) per month, or the maximum rate allowed by law, on past due accounts_ Payments shall first be applied to accrued interest and to the principal unpaid amount. Client specifically agrees further to pay all expenses and costs, including but not limited to GDC's staff time at GDC's current Schedule of Fees, attorneys' fees, and court and other costs associated with collection of past due accounts. If any invoice for work performed by GDC is outstanding and unpaid for a period in excess of 90 (ninety) days, the Client GROUP agrees that, in addition to any other remedy which may be available to it, GDC may stop work, withhold reports/plans, and submit such invoice to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, as the same may be in effect at the date of such submission, and that judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction Thereof. "� Page 2 of 3 ESTIMATED CHARGES AND PAYMENT CONDITIONS GDC charges are only estimated and shall not be regarded as "lump sum" or "fixed price" or "guaranteed maximum" compensation unless it is expressly so stated in writing. ESTIMATED TIME SCHEDULE Because of the uncertainties inherent in the services contemplated hereunder, time schedules are only estimated schedules which are subject to revision unless specifically described as otherwise herein. RIGHT OF ENTRY The Client will provide for right of entry for GDC personnel, and for any other personnel and all equipment necessary in order to complete the work. While GDC will take all reasonable precautions to minimize any damage to the property, it is understood by Client that in the normal course of work some damage may occur, the correction of which is not part of this Agreement. The client agrees to indemnify and hold GDC harmless from any liability for any damage so caused by the performance of such work, unless caused by the gross negligence or willful misconduct of GDC or its personnel. SUBTERRANEAN STRUCTURES OR UTILITIES Client shall indemnify and hold GDC harmless for damage or injury arising from damage to subterranean structures or utilities (pipes, tanks, telephone cables, etc.) that are not called to the attention of GDC or are not correctly shown on the plans furnished to GDC, in connection with work performed by GDC. CONSTRUCTION PROCEDURES GDC shall not specify construction procedures, manage or supervise construction, or implement or be responsible for health and safety procedures; shall not be responsible for the acts or omissions of contractors or other parties on the project; and shall not have control or charge of and shall not be responsible for construction, means, methods, techniques, sequences or procedures, or for safety precautions and programs. GDC testing or inspection of portions of the work of other parties on project shall not relieve such other parties from their responsibility for performing their work in accordance with applicable plans and specifications. SAMPLES GDC will retain all soil and rock samples for thirty (30) days following exploration. Further storage or transfer of samples can be made at an agreed expense upon Client's written request. HAZARDOUS SUBSTANCES Unless specifically included in the "Scope of Setvices," this Agreement does not include any services (including detection or identification) relative to any substances which might be considered hazardous by an applicable regulations. OWNERSHIP OF DOCUMENTS All reports, boring logs, field data and notes, laboratory test data, calculations, estimates and other documents prepared by GDC, as instruments of service, shall remain the property of GDC. Client agrees that all reports and other work furnished to the Client or its agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose whatever. NO THIRD PARTY RIGHTS This Agreement shall not create any rights or benefits to parties other than Client and GDC. TIME BAR TO LEGAL ACTION All legal actions by either parry against the other for breach of this Agreement, or for failure to perform in accordance with the applicable standard of care, however denominated, that are essentially based on such breach or failure, shall be barred in two (Z) years from the time claimant knew or should have known of its claim, but, inany event, not later than Cour (4) years from the substantial completion of GDC's services. DISPUTES In the event that a dispute arises relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing parry shall be entitled to recover all reasonable costs incurred in connection with such dispute, including GDC's staff time at GDC's Schedule of Fees in effect at the time of such dispute, court costs, attorneys' fees and all other claim related expenses. GROUP DELTA Page 3 of 3 Agenda # 6.5 (f) Meeting Date: 6/17/08 CITY COUNCIL PF'r�� AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manaj TITLE: AWARD OF CONTRACT TO INTE NATIONAL PAVEMENT SOLUTIONS, INC. FOR THE CONSTRUCTION OF THE STORAGE CONTAINER PAD AT PANTERA PARK IN THE AMOUNT OF $58,214.58, PLUS A CONTINGENCY OF $5,821 (10%) FOR A TOTAL AUTHORIZATION OF $64,035.58. RECOMMENDATION: Award contract. FINANCIAL IMPACT: Contractor cost to construct this project is $58,214.58, plus a contingency amount of $5,821 (10%) for a total contractor authorization of $64,035.58. Costs for design, plan check, bidding process and construction inspection should total approximately $42,610, bringing the total cost of this project to $106,645.58. There is $120,000 appropriated in the 2007/08 FY Budget for this project. BACKGROUND: There are currently two large storage containers located adjacent to the basketball courts at Pantera Park. One of the containers is used by the City to store youth sports equipment, the other by AYSO to store soccer equipment. The storage container pad will be constructed in the grass area adjacent to the basketball courts and will make it possible to move the containers further from the basketball courts so as to not interfere with play. Fencing will be placed on three sides of the containers, and green wind break screens will be placed on the fencing to help improve the aesthetics. The new pad will be large enough to provide space for a third container, which can be used by another youth sports organization. (The youth sports organizations provide their own containers.) In addition to the storage container pad, three park benches will be installed adjacent to the basketball courts during this project. The plans and specifications were released to receive bids from construction contractors on May 14, 2008.Fourteen (14) bids were received and opened on June 11, 2008. Bids ranged from a low of $58,214.58 to a high of $135,423. The apparent low bidder is International Pavement Solutions, Inc. DISCUSSION: Staff checked the status of the contractor license of International Pavement Solutions, Inc. with the State of California and it is active and clear. Staff checked references provided by the contractor and there were no concerns presented. If this contract is awarded on June 17, 2008, construction by the contractor should begin by mid to late July. The contract allows 45 days to complete the work, so it should be completed by mid to late September. Construction services on this project will be provided by RJM Design Group; construction inspection work for this project will be done by D & J Municipal Services, who also provided plan check services. REVIEWED BY: Bob % Director Community Services Attachments: Agreement Bid Submittal / Opening Results Aerial Photograph of Project Site at Pantera Park Site Plan for Project AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between International Pavement Solutions Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and and; WHEREAS, City did accept the bid of CONTRACTOR International Pavement Solutions Inc. WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Construction of the Storage Container Pad at Pantera Park in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Construction of the Storage Container Pad at Pantera Park in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated May 14. 2008 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications CONTRACTOR'S Proposal dated June 10, 2008 together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. The CONTRACTOR agrees to complete the work within 45 calendar days from the date of the notice to proceed. 4, The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager orhis designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnities") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury 1 rY or damage g to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnities against and will hold and save Indemnities harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, Political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnities harmless therefrom. C. In the event Indemnities are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnities and any all costs and expenses incurred by Indemnities in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnities may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnities. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnities. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 10, 2008. 13. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 14. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. CONTRACTOR'S NAME ADDRESS Date By: TITLE: CONTRACTOR'S Business Phone: CONTRACTOR'S Emergency Phone: CITY OF DIAMOND BAR, CALIFORNIA By: Date JACK TANAKA MAYOR ATTEST: Date APPROVED AS TO FORM: CITY ATTORNEY Date M TOMMYE CRIBBINS CITY CLERK 03 CITY OF DIAMOND BAR BID SUBMITTAL/OPENING WORKSHEET PROJECT: Pantera Park Storage Pad Project BID OPENING DATE: June 11, 2008 ,s:00 P.M. NO. CONTRACTOR AMOUNT OF BID es D N D a D M COMMENTS LLs CA-,,jOseO-P V- �v PAGE /_OF 3 DIAMOND BAR WORKSHEET PROJECT: Paritera Park Storage Pad Project BID OPENING DATE: June 11, 2008 2:00 p.m. NO. CONTRACTOR AMOUNT OF BID Be D N a D M COMMENTS D -J 9 7j_ v 1 3 CITY OF DIAMOND BAR BID SUBMITTAL/OPENING WORKSHEET PROJECT: Pantera Park Storage ,Pad Project BID OPENING DATE: June 11, 2008 2:00 p.m. NO. CONTRACTOR AMOUNT OF BID BB DN D A D M COMMENTS /a� 5-9�g i ' 7,!F 4 We64- PAGE "5 OF .48 WITH EXISTIN 3ETWEEN VC2FTP . ... _ . . N X42 m XI 1 1 P.A. f I I - I.O.. .O. A7 'ETE. A4 AERIAL 2006 Pantera Park Storage Container Project s Scale 1:1452 Agenda #__L. 5 c a Meeting Date: 6/17/08 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man -g TITLE: AMENDMENT #1 TO CONTRAC WITH RJM DESIGN GROUP FOR DESIGN OF PANTERA PARK STORAGE PAD TO REVISE CONTRACT TO AN AMOUNT NOT TO EXCEED $53,253, PLUS ADD CONSTRUCTION SERVICES TO SCOPE OF WORK, AND TO EXTEND CONTRACT TERM THROUGH DECEMBER 31, 2008. Recommendation: Approve. Financial Impact: Funds for this contract are included in the 2007/08 FY Budget. Background / Discussion: On November 1, 2005, the City Council awarded a contract to RJM Design Group for design of Parkway Improvements and Pantera Park Restroom / Storage Building in the amount of $65,153, plus a contingency amount of $6,000 for a total authorization of $71,153. The project has evolved and the work that RJM Design Group is providing is limited to architectural services for the Pantera Park Storage Container Pad. The parkway and restroom / storage building elements of their contract have been eliminated and the contract amount has been reduced to $58,253. RJM Design Group has completed the construction documents for the Pantera Park Storage Container Pad. The award of contract to the construction contractor is also on this meeting's agenda. Staff is seeking City Council approval of the contract amendment with RJM Design Group to extend the contract term through December 31, 2008 so they can provide construction services for the construction phase of this project. Attachments: Amendment #1 dated June 17, 2008. Proposal from RJM Design Group for Construction Services dated 5/27/08. Proposal from RJM Design Group for Revised Scope of Services dated 6/14/07. Contract with RJM Design Group dated 11/1/05. PREPAREQ'f1D REVIEWED BY: Bd'b `Wode " Community Services Director AMENDMENT #1 TO AGREEMENT THIS AMENDMENT #1 TO AGREEMENT is made this 17th day of June 2008, by and between the CITY OF DIAMOND BAR, a municipal corporation ("City") and RJM DESIGN GROUP ("CONSULTANT"). Recitals: a. CONSULTANT entered into an agreement with CITY on November 1, 2005 (the "AGREEMENT") for design services for Parkway Improvements and Pantera Park Restroom / Storage Building in the amount of $65,153, plus a contingency amount of $6,000 for a total authorization of $71,153. b. Scope of services was revised to landscape architectural services already provided ($23,953) plus services for the Pantera Park Storage Area Improvement Project ($22,800), as described in the CONSULTANT'S proposal dated June 14, 2007, plus the contingency amount of $6,000 for a total amount of $52,753. C. Parties desire to amend the AGREEMENT to add Construction Services as described in the CONSULTANT'S proposal dated May 27, 2008 for an amount not to exceed $5,500, for a total contract amount of $58,253, and to extend the term of the agreement to December 31, 2008. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Exhibit "B" to the AGREEMENT described in Section 1. A. is amended by adding landscape architectural services for the Pantera Park Storage Area Improvement Project as described in CONSULTANTS proposal dated June 14, 2007 in the amount of $22,800, plus a contingency amount of $6,000 for a total authorization of $28,800. Section 2 — Exhibit "B" to the AGREEMENT is further amended by adding Construction Services as described in proposal dated May 27, 2008 for $5,500. Section 3 — Section 3 of the AGREEMENT is amended to reduce compensation to an amount not to exceed $58,253. Section 4 — Section 2 of the AGREEMENT is amended to extend the term to December 31, 2008. 06/03/2008 15:27 9494932690 RJM DESIGN GROUP PAGE 03/03 Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Jack Tanaka Mayor APPROVED TO FORM Rd DESIGN GROUPII;,4 0 Consultant Signa Title City Attorney City Clerk r_JRJM DESIGN GROUP, INC. PLANNING AND LANDSCAPE ARCHITECTURE May 27, 2008 Mr. Bob Rose Director of Community Services City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Re: Pantera Park Storage Container Pad - Construction Services Dear Bob: In order to accommodate and respond to any Construction Administration Services that may be necessary during the project construction phase, we have prepared the following proposal to provide Construction Services for Pantera Park Storage Container Pad. These services may include; Preparation of clarifications and Addendums, Review of and response to RFI'S, Review of Submittals, and Construction Observation as requested. These services shall be provided as requested on an hourly basis for an estimated amount of $5,500.00. This fee is based on our standard hourly rates. If this agreement is acceptable to you, please indicate your acceptance by signing below and returning the enclosed copy for our files. Thank you for this opportunity to continue our long term working relationship with the City of Diamond Bar. Should you have any questions, please contact our office. Sincerely, RJM DESIGN GROUP, INC. Larry P. yan AS , LA#2502 Principa Accepted By: CITY OF DIAMOND BAR Lo Date: raRJM DESIGN GROUP, INC. PLANNING AND LANDSCAPE ARCHITECTURE June 14, 2007 Mr. Robert Rose Director of Public Works City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Re: Pantera Park Storage Area Amendment to Existing Diamond Bar Parkways Contract Dear Bob: Pursuant to your request, we have prepared the following proposal to provide landscape architectural services for the Pantera Park Storage Area Improvement Project. We have re- apportioned our fees from our existing contract with you to cover the new improvement area. These services will include site topographic survey of the proposed Pantera Park Storage Area through construction drawings. Thank you for this opportunity to continue our long-term working relationship with the City of Diamond Bar. Should you have any questions, please contact our office. Sincerely, RJM Design Group, Inc. Pamela Burton, RLA #2663 Project Landscape Architect 31591 CAMINO CAPISTRANO • SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (949) 493-2600 • FAX (949) 493-2690 455 UNIVERSITY AVE., SUITE 280 • SACRAMENTO, CALIFORNIA 95825 • (916) 570-2050 • FAX (916) 570-2233 L SCOPE OF WORK PHASE I - RESEARCH/ANALYSIS A. Discuss project goals, potential elements, and project time with City. B. Conduct site visit to review existing site conditions. C. Commence preparation of site / field survey and topographic base sheet preparation in digital format. PRODUCTS: Topographic Base PHASE II - CONCEPTUAL PLANS A. Commence preparation of a Conceptual Plan base at 1" = 10' scale. B. Prepare preliminary concept plan exhibit indicating the extent of grading, and proposed elements and amenities. C. Forward digital file of Conceptual Plan to City. D. Revise Conceptual Plan based upon your comments and direction. E. Commence preparation of Preliminary Budget Estimate based upon average unit cost amounts. F. Forward digital file of the refined Conceptual Plan and Preliminary Budget Estimate to the City. PRODUCTS: Conceptual Plan Exhibit and Preliminary Budget Estimate PHASE III - CONTRACT DOCUMENTS A. Develop Base Plans at P =10' on 24" x 36" in digital format reproducible bond. B. Prepare construction drawings at 1" = 10'- 0" scale, on 24" x 36" sheets. These documents will encompass: 1. Title Sheet 2. Construction Plans a. Demolition b. Hardscape Improvements C. Construction Details 07-112 Diamond Bar — Pantera Park Storage Area 06/14/07 0 3. Grading and Drainage Plan 4. Irrigation Plan 5. Planting Plan 6. Technical Specifications C. Prepare an opinion of probable construction cost D. Submit plans to the City of Diamond Bar for plan check. Submit revised drawings per two (2) City plan check reviews. E. Review plans per plan check and obtain City approval. F. The result of service will consist of demolition, construction, planting, and irrigation plans with required details and specifications for competitive bidding. G. All formal bidding and contract negotiation will be conducted by the City of Diamond Bar. PRODUCTS: Base Plans, Construction Drawings, Technical Specifications, and Opinion of Probable Construction Costs 07-112 Diamond Bar — Pantera Park Storage Area 06/14/07 3 IV. CONTRACT FEE SUMMARY 1. ORIGINAL CONTRACT Resource Documentation — (Completed and Invoiced) ($ 9,653.00) Detailed Analysis — (Completed and Invoiced) ($ 4,300.00) Preliminary Design — (Completed and Invoiced) ($10,000.00) Construction Documents — (Remaining in Contract) $31,200.00 Bidding — (Remaining in Contract) $ 1,000.00 Construction Observation / Administration (Remaining in Contract) $ 9,000.00 Total Fee Remaining in Original Contract $41,200.00 Total Reimbursables Remaining in Original Contract $ 5,557.74 2. PANTERA PARK STORAGE AREA Phase One Site Analysis / Topographic Survey $ 4,200.00 Phase Two Conceptual Plans $ 2,700.00 Phase Three Contract Documents $ 15,900.00 TOTAL — Pantera Park Storage Area $ 22,800.00 This Fee Summary is based upon our current understanding of the project and is subject to revision per your direction. All work shall be billed on an hourly basis against the indicated fee estimate per the attached Fee Schedule. V. ADDITIONAL SERVICES The following items are not a part of the fee identified in the proposal but shall be reimbursable to RJM Design Group, Inc. as follows: All printing, reproduction, and delivery charges will be invoiced directly by the vendors to you. Should we incur these reimbursable expenses, we will invoice them to you at direct cost plus 15% for handling. 2. Any requested refinements to the Construction Documents as a result of City review shall be completed in accordance with the Standard Hourly Fee Schedule. 07-112 Diamond Bar — Pantera Park Storage Area 06-14-07 4 3. Additional plans or exhibits requested by the client in addition to the specific tasks outlined in the Scope of Services shall be completed in accordance with the Standard Hourly Fee Schedule. 4. Additional meetings, as requested, shall be in accordance with the Standard Hourly Fee Schedule. Providing on-site observation during construction. 6. Structural engineering, details, and/or calculations. VI. STANDARD HOURLY FEE SCHEDULE The Client agrees to pay Consultant as compensation for all authorized work included in the Scope of Services heretofore stated, at the hourly rates below: PRINCIPAL LANDSCAPE ARCHITECT $145 - $165 per hour ASSOCIATE LANDSCAPE ARCHITECT $130 - $140 per hour PROJECT LANDSCAPE ARCHITECT $115 - $125 per hour JOB CAPTAIN / LANDSCAPE DESIGNER $100 - $110 per hour CADD TECHNICIAN $ 85 - $ 95 per hour DRAFTSPERSON $ 70 - $ 80 per hour WORD PROCESSING $ 55 - $ 65 per hour Billings for all time and materials and contract extension work shall be in accordance with the level of work performed and will be broken into the categories listed above. Fees will be escalated each August 1 st in accordance with any increase in the Consumer's Price Index or other mutually agreed upon cost index beginning with August 1, 2006. All provisions for escalations stated, pertain to all contract extension and additional work. VII. PAYMENTS Payments will be due and payable on a monthly basis following the completion of any substantial phase of work. Carrying charges for overdue accounts beyond 30 days of billing date are charged at 1-1/2% of the amount due, compounded monthly. Thank you for selecting us to prepare this proposal. During your review, we would be pleased to discuss any items that may need clarification. 07-112 Diamond Bar — Pantera Park Storage Area 06-14-07 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of November 1, 2005 by and between the City of Diamond Bar, a municipal corporation ("City") and RJM Design Group, Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals. 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 "B" the Consultant's Response, dated September 22, 2005 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 November 1, 2005 and shall continue until December 31, 2006 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 $65,153, plus $6,000 for reimbursables for a total not to exceed amount of $71,153. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City of Diamond Bar Linda C. Lowry, City Manager 21825 Copley Drive Diamond Bar, CA 91765-4178 Status as Independent Consultant. Consultant: RJM Design Group, Inc. Larry P. Ryan, Principal 31591 Camino Capistrano San Juan Capistrano, CA 92675 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 wrongful or negligent 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) days prior written notice thereof (or ten (10) days notice due to non-payment of premium). 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, provided that any use not within the purposes intended by this Agreement shall be at the City's sole risk. 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: Bye / 2 .G`� %`� tit Ca L• Linda Lowry, CiV Cl.e as Attorney "CONSULTANT" By: f Its: 1 4 CITY OF DIAMOND BAR 11 =a 4 , By: C- .a% r C -- Wen Chang, Mayor CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6 . 5 (h) Meeting Date: 6/17/08 AGENDA REPORT FROM: James DeStefano, City Mana je TITLE: AWARD OF CONTRACT TO CALIF RNIA SURFACING FOR THE TENNIS AND BASKETBALL COURT RESURFACING AT HERITAGE, MAPLE HILL, PANTERA AND RONALD REAGAN PARKS IN THE AMOUNT OF $64,000, PLUS A CONTINGENCY OF $6,400 (10%) FOR A TOTAL AUTHORIZATION OF $70,400. RECOMMENDATION: Award contract. FINANCIAL IMPACT: $108,000 in funds from the General Fund are included in the 2007/08 FY Budget for this project. Total cost of project, including resurfacing of courts, installation of wind screens and 10% contingency will be $70,400. BACKGROUND: The City released a Request for Proposal to receive bids for the Tennis and Basketball Court Resurfacing- Heritage, Maple Hill, Pantera and Ronald Reagan Parks on April 23, 2008. Proposals were received from four (4) contractors. Bids ranged from a low of $64,000 to a high of $140,800. The responsive low bidder is California Surfacing. The bids received were as follows: Company Bid Amount 1. California Surfacing $64,000.00 2. TrueLine Surfacing $68,354.00 3. Ferandell Tennis Courts, Inc. $92,391.00 4. Zaino Tennis Courts, Inc. $140,800.00 Staff has verified the contractor's state license with the State of California and the license is active and clear. References have been checked for similar work completed and California Surfacing is qualified to complete the work required of this contract. PROJECT SCHEDULE: Award of Contract Start of Construction Completion of Construction June 17, 2008 On or around June 23, 2008 July 23, 2008 DISCUSSION: This project includes tennis and basketball court resurfacing and windscreen replacement at Heritage, Maple Hill, Pantera and Ronald Reagan Parks. Signs will be posted at each of the facilities to notify the public of the construction schedule. PREPARED BY: Anthony Jordan Parks and Maintenance Superintendent Community Services Director Attachment: Agreement with California Surfacing dated June 17, 2008 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between, California Surfacing hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Request For Proposals (R.F.P.), proposals were received, on the date specified in the R.F.P.; and WHEREAS, City did accept the proposal of CONTRACTOR and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Tennis and Basketball Court Resurfacing Heritage Maple Hill Pantera and Ronald Reagan Parks in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the in the City of Diamond Bar. The work to be performed in accordance with the R.F.P., dated May 8, 2008. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The R.F.P. is incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The R.F.P., CONTRACTOR'S Proposal dated May 8, 2008, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete assigned work within 30 work days from the date work is requested. Agreement and unit prices shall remain in force, unless terminated sooner, until December 31, 2008. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 8. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 9. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 10. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated May 8, 2008 in the amount of Sixty four thousand dollars ($64,000.00 11.ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 12.TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. Date Date Date in in CONTRACTOR'S Business Phone 0 CONTRACTOR TITLE CITY OF DIAMOND BAR, CALIFORNIA Jack Tanaka, Mayor ATTEST: Emergency Phone at which CONTRACTOR can be reached at any time Date Tommye Cribbins, City Clerk APPROVED AS TO FORM: CITY ATTORNEY CITY COUNCIL Agenda # 6.5 (i) Meeting Date: 6117/08 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana er TITLE: AUTHORIZE EXPENDITURE TO CE CORPORATION IN THE AMOUNT OF $31,050 PLUS A 10% PERCENT CONTINGENCY IN THE AMOUNT OF $3,105 FOR A TOTAL AUTHORIZATION OF $34,155 FOR THE SLURRY SEAL AND RESTRIPING OF THE DIAMOND BAR CENTER PARKING LOTS AND ACCESS ROADS. RECOMMENDATION: Authorize expenditure. FINANCIAL IMPACT: Funds for this project are included in the 2007/08 FY Budget. BACKGROUND: Staff released an RFP to the City's current public works contractor, MCE Corporation, to obtain a proposal for the Slurry Seal and Re -striping of the Diamond Bar Center Parking Lots and Access Roads. As MCE Corporation is currently under contract with the City to provide this type of work, a request for proposal was sent only to them. Staff is seeking authorization to award additional work to MCE Corporation in the amount of $31,050 plus a 10% contingency of $3,105 for a total of $34,155, which exceeds the City Manager's authority of $25,000. This project is scheduled to begin June 24, 2008 and is expected to be completed by June 27, 2008. DISCUSSION: The services to be provided by MCE Corporation during this project include: 1. Sandblasting to remove existing thermoplastic street markings. 2. Removal and replacement of road pavement markers (RPM's). 3. Application of Guardtop sealer (one coat). 4. Re -stripe parking lot. ATTACHMENTS: Request For Proposal dated May 7, 2008. Proposal from MCE dated 6/6/08 PREPARED BY: Anthony Jordan, Parks and Maintenance Superintendent REV D Y: J Bob o e Director of Community Services -----Original Message ----- From: Bob Rose Sent: Wednesday, June 11, 2008 12:02 PM To: Anthony Jordan Subject: FYI -- Final Format for Council Report -- Community Center Parking Lot Proposal Anthony - This proposal goes to City Council for consideration of approval on 6/17/08. Please notify MCE of this timeline. Bob Rose, Director of Community Services -----Original Message ----- From: Karan Healy [mailto:KHealy@MCE-CORP.COM] Sent: Friday, June 06, 2008 2:10 PM To: Jorge Garcia Subject: RE: Community Center Parking Lot Proposal 6/6/08 2:10 p.m. Afternoon Jorge: Here is Hardy & Harper's revised proposal for the parking lot job. Same description of services as last time - only their new proposed cost is $ 27,000.00. With MCE's 15% Markup - Price to the City will be $ 31,050.00. Please let me know if this acceptable so I can get a PO issued. Thanks! Karan J. Healy Contracts Administrator Maintenance Division MCE Corporation 6515 Trinity Court Dublin, CA 94568-2686 Ph: (925) 803-4111 x 216 Fax: (925) 803-4404 khealy@mce-corp.com From: Jorge Garcia [mailto:Jorge.Garcia@ci.diamond-bar.ca.us] Sent: Tuesday, May 27, 2008 9:25 AM To: Karan Healy Subject: RE: Community Center Parking Lot Proposal Karan — We are requesting contractor to use "Guardtop" sealer from Vulcan Materials "Overkote" sealer is not acceptable. email:iorge.garcia(a).ci.diamond-bar.ca.us -----Original Message ----- From: Karan Healy [mailto:KHealy@MCE-CORP.COM] Sent: Tuesday, May 27, 2008 9:03 AM To: Jorge Garcia Subject: Community Center Parking Lot Proposal 5/27/08 9:00 a.m. Morning Jorge! Hardy & Harper just faxed me their proposal for the Community Center Parking Lot Seal Coat RFP. It reads as follows: 1) Apply One (1) Coat of "Overkote" Sealer — Approx 186,000 SF 2) Sandblast Existing Thermoplastic & Restripe with Paint 3)Remove and Replace RPM'S TOTAL = $ 28,200.00 NOTE: Bid Based on Two (2) Move -Ins. TOTAL WITH MCE'S 15% MARKUP = $ 32,430.00 Please let me know if a PO is to be issued. PO will read that job is to be completed between June 23 — 26, 2008. Karan J. Nealy khea @mmce-corp.com REQUEST FOR PROPOSAL May 7, 2008 To: MCE Corporation Att: David Resendez Type of Work: Seal Coat Community Center Parking Lot Location: 1600 Grand Ave - Diamond Bar, CA 91765 Product: Guardtop Seal Coat by Vulcan Material Company. (Contact Mike Meehan 818- 266-3482) Option Bid 1 One- Seal Coat Application 1. Apply Crack Seal in areas needed 2. Sandblast existing 205 feet of thermoplastic 12" limit line and replace with paint. 3. Sandblast existing thermoplastic "STOP" legend and replace with paint. 4. Remove 23 existing raise markers and replace in kind. 5. Re -stripe parking lot in kind with Pervo 7000 water -borne rapid dry paint. Option Bid 2 Two — Seal Coat Applications 1. Apply crack seal in areas needed. 2. Sandblast existing 205 feet of thermoplastic 12" limit line and replace with paint. 3. Sandblast existing thermoplastic "STOP" legend and replace with paint. 4. Remove 23 existing raise markers and replace in kind. 5. Re -stripe parking lot in kind with Pervo 7000 water -borne rapid dry paint. Community Center will be closed to the public for maintenance June 23 — 26. Work will need to be done within these dates. If you need more information you can contact: Anthony Jordan, Parks & Maintenance Superintendent 909-839-7063 Or Jorge Garcia, Public Works Maintenance Superintendent 909-839-7046 Attached: Site aerial map, guard top seal coating & paint specifications. M A T E R I A L S A F E T Y D A T A S H E E T WHITE WATER DIRT RESISTANT TP PRODUCT NAME: WHITE WATER DIRT RESISTANT TP HMIS CODES: H F R P PRODUCT CODE: 7000PLUS/02 1 1 0 E SECTION I - MANUFACTURER IDENTIFICATION MANUFACTURER'S NAME: PERVO PAINT COMPANY ADDRESS 6624 STANFORD AVE LOS ANGELES, CA 90001 EMERGENCY PHONE 800-424-9300 DATE PRINTED 7/10/2007 INFORMATION PHONE 323-758-1147 DATE REVISED 09/23/02 SECTION II - HAZARDOUS INGREDIENTS/SARA III INFORMATION WEIGHT OCCUPATIONAL VAPOR PRESSURE PERCENT CAS NUMBER REPORTABLE COMPONENTS EXPOSURE LIMIT mm Hg @ TEMP 4% - 6% 67-56-1 * METHANOL 96 20 C OSHA PEL 200 PPM - TWA ACGIH TLV 2D0 PPM - TWA C% - 2% 25265-77-4 2,2,4-TRIMETHYL-1,3 PENTANEDIOL MONOISOBUTYRATE 3 87 C OSHA PEL NOT ESTABLISHED ACGIH TLV NOT ESTABLISHED < 0.2% 14808.-60-7 CRYSTALLINE SILICA OSHA PEL D.1 mg/m3 - TWA (respirable fraction) ACGIH TLV 0.025 mg/m3 - TWA (respirable dust) < 0.2% 7664-41-7 AMMONIA 4802.9 15.6 C OSHA PEL 50 PPM - TWA ACGIH TLV 25 PPM - TWA * indicates toxic chemical(s) subject to the reporting requirements of section 313 Title of 40 CFR 372. __====== SECTION III - PHYSICAL/CHEMICAL CHARACTERISTICS BOILING RANGE @ 760 mmHg: 148 F - 471 F SPECIFIC GRAVITY (H20=1): 1.33 PH: 9+ VAPOR PRESSUSRE mmHg @ 20C: 1.4 VAPOR DENSITY ( Air = 1): Heavier than Air SOLUBILITY IN WATER: Soluble EVAPORATION RATE ( BuAc = 1): Slower than Ether APPEARANCE: Opaque Viscous Liquid ODOR: Slightly ammonia VOC (ex water/exempt solvent): 149 g/1 1.24 lb/gl Page: 1 7/10/2007 SECTION IV - FIRE AND EXPLOSION HAZARD DATA FLASH POINT(Degree F): 110 - 130 METHOD USED: Setaflash FLAMMABLE LIMITS IN AIR BY VOLUME- LOWER: 0.6 UPPER: 36% EXTINGUISHING MEDIA: Water fog, dry chemical, foam or Carbon Dioxide SPECIAL FIREFIGHTING PROCEDURES Full protective equipment, self-contained breathing apparatus is recommended to avoid inhalation of concentrated vapors. Water may be used to cool closed containers to protect pressure build-up or explosion when exposed to extreme heat. UNUSUAL FIRE AND EXPLOSION HAZARDS Vapors may be heavier than air and may travel considerable distance from the material handling point. Vapors can be ignited by a spark, flame, cigarette, M A T E R I A L S A F E T Y D A T A S H E E T HANDICAP BLUE WATER-BASED Page: 1 7/10/2007 PRODUCT NAME: HANDICAP BLUE WATER-BASED HMIS CODES: H F R P PRODUCT CODE: 3033- 1 1 0 H SECTION I - MANUFACTURER IDENTIFICATION MANUFACTURER'S NAME: PERVO PAINT COMPANY ADDRESS 6624 STANFORD AVE LOS ANGELES, CA 90001 EMERGENCY PHONE 800-424-9300 DATE PRINTED 7/10/2007 INFORMATION PHONE 323-758-1147 DATE REVISED 11/20/95 __----_= SECTION II - HAZARDOUS INGREDIENTS/ SARA III INFORMATION WEIGHT OCCUPATIONAL VAPOR PRESSURE PERCENT ------------------------------------------------------------------------------------------------------------------------------------ CAS NUMBER REPORTABLE COMPONENTS EXPOSURE LIMIT = Hg g TEMP 0% - 2% 57-55-6 PROPYLENE GLYCOL 0.22 20 C OSHA PEL NOT ESTABLISHED ACGIH TLV NOT ESTABLISHED 0% - 2% 25265-77-4 2,2,4-TRIMETHYL-1,3 PENTANEDIOL MONOISOBUTYRATE 3 67 C OSHA PEL NOT ESTABLISHED ACGIH TLV NOT ESTABLISHED 0% - 2% 112-34-5 * DIETHYLENE GLYCOL MONOBUTYL ETHER 0.007 20 C OSHA PEL NONE ESTABLISHED ACGIH TLV NONE ESTABLISHED < 0.2% 14808-60-7 CRYSTALLINE SILICA OSHA PEL 0.1 mg/m3 - TWA (respirable fraction) ACGIH TLV 0.025 mg/m3 - TWA (respirable dust) < 0.2% 7664-41-7 AMMONIA 4602.9 15.6 C OSHA PEL 50 PPM - TWA ACGIH TLV 25 PPM - TWA * indicates toxic chemical (s) subject to the reporting requirements of section 313 Title of 40 CFR 372. __---_=====-- SECTION III - PHYSICAL/CHEMICAL CHARACTERISTICS BOILING RANGE @ 760 mmHg: 374 F - 471 F SPECIFIC GRAVITY (H20=1): 1.33 PH: 9+ VAPOR PRESSUSRE mmHg @ 20C: 1.4 VAPOR DENSITY ( Air = 1): Heavier than Air SOLUBILITY IN WATER: Soluble EVAPORATION RATE ( BuAc = 1): Slower than Ether APPEARANCE: Opaque Viscous Liquid ODOR: Slightly ammonia VOC (ex water/exempt solvent): 93 g/1 0.78 lb/gl _--_=__======= SECTION IV - FIRE AND EXPLOSION HAZARD DATA FLASH POINT(Degree F): 110 - 130 METHOD USED: Setaflash FLAMMABLE LIMITS IN AIR BY VOLUME- LOWER: 0.6 UPPER: 24.6 EXTINGUISHING MEDIA: Water fog, dry chemical, foam or Carbon Dioxide SPECIAL FIREFIGHTING PROCEDURES Full protective equipment, self-contained breathing apparatus is recommended to avoid inhalation of concentrated vapors. Water may be used to cool closed containers to protect pressure build-up or explosion when exposed to extreme heat. M A T E R I A L S A F E T Y D A T A S H E E T YELLOW WATERBORNE TRAFFIC PAINT Page: 1 7/10/2007 PRODUCT NAME: YELLOW WATERBORNE TRAFFIC PAINT HMIS CODES: H F R P PRODUCT CODE: 7003 -PLUS 1 1 0 E SECTION I - MANUFACTURER IDENTIFICATION MANUFACTURER'S NAME: PERVO PAINT COMPANY ADDRESS 6624 STANFORD AVE LOS ANGELES, CA 90001 EMERGENCY PHONE 800-424-9300 DATE PRINTED 7/10/2007 INFORMATION PHONE 323-758-1147 DATE REVISED : 10/15/01 SECTION II - HAZARDOUS INGREDIENTS/SARA III INFORMATION WEIGHT OCCUPATIONAL VAPOR PRESSURE PERCENT CAS NUMBER REPORTABLE COMPONENTS --------------------------------------------------------------------------------------------------------------------------- EXPOSURE LIMIT — Hg @ TEMP 2% - 4% 67-56-1 METHANOL 96 20 C OSHA PEL 200 PPM - TWA ACGIH TLV 200 PPM - TWA 0% - 2% 25265-77-4 2,2,4-TRIMETHYL-1,3 PENTANED.IOL MONOISOHUTYRATE 3 87 C OSHA PEI NCT ESTABLISHED ACGIH TLV NCT ESTABLISHED 0.2% - 0.4% 14808-6D-7 CRYSTALLINE SILICA OSHA PEL 0.1 mg/m3 - TWA (respirable fraction) ACGIH TLV 0.025 mg/m3 - TWA (.respirable dust) < 0.2% 7664-41-7 AMMONIA 4802.9 15.6 C OSHA FEL 50 PPM - TWA ACGIH TLV 25 PPM - TWA * indicates toxic chemical(s) subject to the reporting requirements of section 313 Title of 40 CFR 372. SECTION III - PHYSICAL/CHEMICAL CHARACTERISTICS BOILING RANGE @ 760 mmHg: 148 F - 471 F SPECIFIC GRAVITY (H20=1): 1.41 PH: 9t VAPOR PRESSUSRE mmHg @ 20C: 1.4 VAPOR DENSITY ( Air = 1): Heavier than Air SOLUBILITY IN WATER: Soluble EVAPORATION RATE ( BuAc = 1): Slower than Ether APPEARANCE: Opaque Viscous Liquid ODOR: Slightly ammonia VOC (ex water/exempt solvent): 137 g/1 1.14 lb/gl SECTION IV - FIRE AND EXPLOSION HAZARD DATA FLASH POINT(Degree F): 110 - 130 METHOD USED: Setaflash FLAMMABLE LIMITS IN AIR BY VOLUME- LOWER: 0.6 $ UPPER: 36% EXTINGUISHING MEDIA: Water fog, dry chemical, foam or Carbon Dioxide SPECIAL FIREFIGHTING PROCEDURES Full protective equipment, self-contained breathing apparatus is recommended to avoid inhalation of concentrated vapors. Water may be used to cool closed containers to protect pressure build-up or explosion when exposed to extreme heat. UNUSUAL FIRE AND EXPLOSION HAZARDS Vapors may be heavier than air and may travel considerable distance from the material handling point. Vapors can be ignited by a spark, flame, cigarette, H PF'- 1-1 9 - -L'Cl A "-:" i WED) -L' C1 : LF_ F3 Ll R F1 D T C1 P . I - - - - - F A 16 -L'F,3 --1 7 8. 098 P 1111 L.;` I I I L' P H A L T C 0 A T I N G S By u can Materials Company WESTERN DIVISION HF'F:-il9- ilii.:;,WE[i L 4h 5JHRDT0P FH1;)1626=� 50 8 p rlp /ill All asphalt sealers require three separate ):manufacturing stages PREPARATION Refining of paving asphalt • from crude oil Guardtop goes beyond these steps and specifies exactly what types and percentages of crude oils to use in the refining process. The result is a paving asphalt with the special properties for use in an asphalt surface treatment that will give a hard, smooth, and longer lasting surface. 2 Manufacturing of an • asphalt emulsion Then, an asphalt emulsion is made by addi custom emulsifiers in a process that produces a product that readily accepts the additives in the Guardtop manufacturing process that are so necessary to the final quality of the product. If you start out right you end up right. To insure a long-lasting, quality job, follow these simple guidelines: Clean and fill cracks Clean and treat with weed killer all cracks 1/8 inch and larger. Then fill with Guardtop Crackfiller. (Large cracks may require several applications.) For best quality, it is recommended that all broken asphalt he removed and patched with new asphalt. It is also suggested that extreme low spots be filled with new asphalt. New asphalt should cure 30 days before application of ng Guardtop. 30 Manufacturing of Guardtop Finally, calling upon over half a century of Industry experience, Vulcan's engineering personnel designed special manufacturing facility, the most modern and efficient in the industry, which allow the production of consistent material where quality can be counted upon in each and every batch. To produce the final product, The Guardtop Division has developed a unique formula consisting of the highest quality additives. Each component was selected for its characteristics that ultimately produce a surface treatment with deeper and longer -lasting color, firmer body, and greater durability than any other product available. In addition, Guardtop is free from asbestos fillers, creosote, or any other carcinogenic material and is nonflammable. Guardcop is compatible with asphalt pavement. The coefficient of expansion of Guardtop is identical to that of asphalt pavement and has a natural affinity for bonding to the pavement. Vulcan is one of the largest manufacturers of asphalt based sealers in the United States. Oil and Grease Because sealcoats will not adhere to surfaces with excessive oil and grease, those deposits should be cleaned with a stiff bristle broom or power -operated broom using a degreasing solution_ It is, however, recommended that areas completely saturated with oil be removed and patched with new asphalt. If this is impractical, the surface should be treated with Guardtop Oil Seal which will assist in the adhesion of the sealcoat. Final Surface Cleaning After pavement repairs, the surface should be cleaned of all dirt and Ioose or raveled particles of existing pavement. (Dirt will restrict the bonding of the surface treatment.) This is best accomplished by a power broom, power blower or by flushing with high pressure water. Mist For best results, the asphalt, Just prior to being sealed, should be sprayed with a mist of water in an amount that will leave the surface damp but with no puddles or visible water. This procedure is critical when the ambient temperature is hot with bright sunlight or when the pavement is excessively aged or porous. In these two instances, the pavement will draw the water out of the Guardtop at too rapid a rate unless prewatered. APF!—ii9--f'iiO3(!dED) 2D; 1 i Prime GUI P.EiiTAp i F %:; 16263 3i E096 P piili 111 Priming may be necessary on surfaces that have weathered excessively or are dusted. The primer should be diluted with 5 parts clean water to 1 part SS1-H. Apply at the rate of 1 gallon per 100 sq_ ft. and allow to dry. If in doubt, a test patch should be tried. APPLICATION Guardtop may be mixed with water to obtain desired consistency for job requirements to a maximum of 20%. Care should be taken not to over dilute. Material after dilution shall be mixed with a mechanical agitator to maintain consistency and ease of application. Note that as the pavement increases in roughness, the amount of dilution should be decreased. First Coat Apply Guardtop using a truck -mounted tank, wheeled container, or can. Spread in continuous parallel lines by means of a spray system, rubber -fared squeegees or by broom. This can be done by hand or by machine. Tools should be wet before use. Guardtop should be spread uniformly, by squeegee or spray in a manner to eliminate all puddling, ridges and air pockets, at a rate specified in contract based on pavement surface condition. Second Coat When first coat has completely dried, apply the second coat. While misting is not normally required before second coat, surface should be clean with no foreign materials on it. On excessively rough areas, for the first coat, add 3 pounds of 30 mesh sand to each gallon of Guardtop, and 1/10 gallon of Guardtop Hard Base Emulsion. Apply as normal, then apply two additional coats without extra sand. Drying Time Guardtop should be allowed to dry 24 - 48 hours before permitting heavy traffic. (See sec. 3.7 in guide lines for surface treatments for asphalt concrete pavements. ]MOTE: When asphalt is cold or in shade, or air temperature is below 75° based on general weather, humidity and temperature conditions, drying time may need -to be extended. Minimum application temperature: 55 and rising. Recommended Application Rates Proper application rates depend greatly upon the type and condition of the pavement. Porous or very old pavement absorbs a greater amount of the seal coat, therefore requiring more material. Also, where there are many rocks exposed in the pavement, a greater depth of seal is required to cover these rocks. For best results, Guardtop should be applied in two coats. The following rates (before dilution) for two coats may be used as guidelines only, as exact coverage depends upon both the condition of existing pavement and the surface condition desired after application. Smooth, dense pavement - 20 gals. per 1,000 sq. ft. Medium Surface - 30 gals. per 1,000 sq. ft. Rough, aged surface - 45 gals. per 1,000 sq. ft. Excessively rough surfaces - 50 gals. per 1,000 sq. ft. Striping Striping for parking or traffic flow should be done only after the sealcoat has thoroughly dried. It is recommended that a high quality water based Traffic fine Paint be used for best results. Revised 200 HPF:-l9-_Eilil if MED) 20: 6 i h11AP1D 6'63= F1P f FH` 1f'=iI _I P 11U5!_ 1 Suggested Architect's Short Specification All asphalt pavement shall be sealed with two coats of Guardtop with surface preparation and application to conform to manufacturer's recommendations. Specifications Minimum Maximum Test Methods Cone Penetration 1 77°F,dmm 340 430 ASTM D217 Nonvolatile Components % Weight 60 70 See Note 1 Nonvolatile Soluble in ASSHTO Trichloroethylene by Wt. 20 35 T-45-56 Wet Track -Abrasion Test 30 avg. ASTM -3910-84 Requirements Results Accelerated Weathering No material Passes Federal Spec. (2 years exposure) deterioration Excellent TT -C-55513 after exposure Resistance to Wind Driven No leaks or Passes Federal Spec. Rain (98 mph) weight gain Excellent TT -C -555B Ultraviolet Resistance No cracking, Passes (12 years exposure) peeling, chipping, Excellent or flaking Typical Density-lbs./gal 10.9 Color (as received) (Cured Film) Black Deep Black Note 1: Method for determination of nonvolatile components: Weigh 10 grams of homogeneous product into a previously tarred, small ointment can lid. PIace in a constant temperature oven at 3254 for 1 72 hours. Cool, roweigh and calculate nonvolatile components. Gualydtop is manufactured by Vulcan Materials. Manufacturing and sales offices: So. California leo. California Arizona Irwindale, CA 91706 Roseville, CA Phoenix, AZ (626) 960-4788 (916) 773-3968 (602) 528-3614 13130 E. Los Angeles St. 9800 Del Rd. 1705 E. University Ave. Irwindale, CA 91706 Roseville, CA 95747 Phoenix, AZ 85072 Pevised 200D HPP-119--IIO_i_WELII} SII:4 I; IIHPDTOP FAXb1626-1 oily; F1 Ui!61_Il UuI[an Materials Company GUARDTOP SPECITICAVOX,S' 1.1Deseription of Product- This item shall consist of an application of an Industrial Asphalt GUAIU)TOP on previously prepared bituminous surface, in accordance with these specifirations, 2.1 Sealenat 1'faterials- Shall be VULCAN 1VIATERiAL'S GUARDTOP. All asphalt pavements, shall be sealed with two coats of GUARDTOP with surface preparation and application to conform to manufacture's recommendations. Specifications Minimtim Maximum Test Method Cone Penetration 340 430 ASTM D217 @77' F, dmm Nonvolatile Components $'n Weight n.;, Nonvolatile Soluble in Trichloroethylene by Wt. Wet Track -Abrasion Test Accelerated Weathering (2 Years Exposure) Resistance to Wind Driven Rain (98 mpli) Typical Density-lbs,i al 60 20 3 0 avg, Reouircmcnts No Material deterioration after exposure No leaks or 10.9 70 35 Results Passes Excellent Passes Excellent See Note 1 ASSATO T-45-56 ASTM -3 910-$4 Federal Spec, TT -C -555B Color (as received) Black (Cured Film) veep Black N01c.- Mclhod for datrrrnination of nonvolatile cotnponents- Weigh 10 grams of hotnogeneous product in to a previously tarred, stnall oitrrtnent can lid Place in a constant temperature oven at 325° for t-'/- hours. Cool, rcwcigh and ealculalc nonvDlatilc c-)mponcntS. GTP Specifications O8iO3 1 HFT- [19- irii-1 iiEp} til;4T 6LAF!DTAF' 1;FH?: 162G3 f=09c f' ililT: fll 2.2 Water- The water used in nuxing shall be potable and free from harmful soluble salts. 2.3 Latex- (Optional) The amount of copolymer latex rubber added shall be 2111/0 to the GUARDTOP. It can be added at the manufacturing plant if specified. 3.1 Composition- The sealcoat shall consist of a mixture of GUARDTOP, water and (latex rubber if specified). GUARDTOP may be mixed with water to obtain desired consistency, 10% to maximum of 20% water may be added. Note: As the pavement increases in roughness, the amount of dilution should be decreased. Care must be taken no to over dilute. 3.2 Misting- Just prior to seal coating, the asphalt may need to be sprayed with a mist of water in an amount that Arill leave the surface damp but with no puddles or visible water. 3.3 Prime Coat- A prime coat may be necessary on surfaces that have wcat:hcred excessively or are dusted. The primer should be diluted with 5 parts clean water to I part SS 1-h. Apply at the rate of 1 gallon per 100 sq. ft. and allow to dry. if in doubt, a test patch should be tried. 3.4 Aoolication- The sealcoat shall consist of two coats totalinggallons per 1,000 square feet. Each coat shall be placed at 90 degrees to the other (if possible). Allow sufficient drying time between coats to allow proper curing and breaking (drying). 4.1 Weather Limitutions- The sealcoat shall not be applied when the surface is wet or when the humidity or impending weather conditions will not allow proper curing nor when the atmospheric or pavement temperature is below 50 degrees Fahrenheit (10 degrees Centigrade), unless otherwise directed by Vulcan Materials. 4.2 Mixing Egialpment- The mixing of GU ARDTOP'vvit water to obtain desired consistency shall be mixed constantly by skid, trailer or truck mounted tank iAith agitation systems capable of thoroughly blending. 4.3 Snread]ng Eguinment- Rubber facccl squeegee attached to tank or hand squeegee. 4.4 Curing- The mixture shall be pernutted to dry for a minimum of 24 hours after the final application before opening to traffic and shall be sufficiently cured to drive over without damage to sealcoat. Preparation of Pavement Surfaces 5.1 All areas to be sealed shall be tree of pavement failure:, such as base failure, alligator cracking, pot holes and raveling (loose rocks, sand etc.) and must be repaired. 5.2 All areas to be scaled shall be free of dust, oil, hydraulic fluid and all other foreign matter. Cleaning can be done with a high-pressure water ;system, brooms and / or blowers. 5.3 Asphalt pavement surfaces, which have been softened by petroleum derivatives or have failed due to any other cause shall be removed to the full depth of the damage and replaced with new asphalt concrete similar to that of the existing pavement. Note: A minimum period of 30 days shall elapse before sealcoat is applied to new asphalt. 5.4 Asphalt pavement surfaces with grease, oil or Foreign matter shall be scraped, burned off carefully and removed from the asphalt surface; prior to sea] coating. GTP Specifications 08/03 2 RPP -D9- -LI ii=;(.I'll E[11 Eii;Ji 6UHPDTflP FH;i16Er,=-;7':AQ 8 P 1-A /ill -, A. OIL SEAL- After grease, oil and foreign matter has been removed, apply Vulcan Material's OIL SEAL. OIL SEAL can be diluted 4011'0 to 70% with potable water. Severity of the petroleum stain should dictate the amount of dilution. OIL SEAL should be brushed on to the oil -stained surface insuring the total stain s well covered with OIL SEAL. Mix OIL SEAL well before using. 5.5 Where vegetation exists in cracks, the vegetation shall be removed and the cracks cleaned, Those cracks shall be treated with a concentrated solution of an approved herbicide. (a). Cracks 1" and wider shall be tacked and filled with hot aspha.1t.. (b). Cracks less than 1" shall be filled with GUARDTOP CR4CKFILLER, Do not dilute GUARD"TOP CRACKFILLER. Apply with a trowel, squeegee, and putty knife or pressurized systems. Some shr-inkage will occur as it cures. Shrinkage can be min imimd by building up a slight excess of material at the center of the crack. Depending on the size of the crack, a second application may be necessary. A. Allow a 12-24 hour cure time before applying seal coat. 6.1 Contractor's Certification- The contractor shall fumish the manufacture's certification (weight certification) that each consignment of sealcoat shipped to the project shall be VMCAN MATERIAL'S GUARDTOP. Any certification received shall be subject. to verification by taking samples of the product for laboratory testing. GTP Specifications 08/03 A■J' •ift VA 04, Aw '1 -:. #s may. s � >ax; @!s •` R+ � �� ��i Yx Su �'• 141t'- Will ad C4), .M1 rt _ f • GEOYIEWER Scale 1.-6465 r' WB�OWS 959E/7000/N I' mi.Wpl.m�lrcm.,a: ; i.lectieedr��m,.re� CITY COUNCIL Agenda # 6. 5 ( j ) Meeting Date: 6/17/08 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M+90W TITLE: AWARD OF CONTRACT TO MATLOCK ASSOCIATES FOR CONSULTING SERVICES TO COMPLETE THE UP -DATE OF THE PARKS MASTER PLAN IN THE AMOUNT OF $146,900 AND AUTHORIZE A CONTINGENCY AMOUNT OF $10,000 FOR REIMBURSABLES FOR A TOTAL AUTHORIZATION OF $156,900, PLUS APPROPRIATE $44,900 FROM THE PARKS DEVELOPMENT FUND TO FULLY FUND THIS CONTRACT. RECOMMENDATION: Award contract and approve appropriation. FINANCIAL IMPACT: The City Council appropriated $112,000 in the 2007/2008 FY Budget for the elements that will be included in the up -date of the Parks Master Plan. Funds are available from the Parks Development Fund to fully fund this contract in the amount of $156,900, including reimbursables. Following is the cost breakdown as proposed: Research and Data Collection $36,000. Community Workshops / Focus Groups $7,500. Evaluation and Master Plan Elements $56,000. Resident Household Telephone Survey $28,400. Preparation of Draft Master Plan $12,500. Formal Review and Completion of Final Document $6,500. Parks Master Plan report photocopies and contingencies $10,000. Total $156,900. The breakdown includes $10,000 for contingencies and photocopies. BACKGROUND: The current Parks Master Plan was adopted by the City Council in 1998. With the completion of many of the plan's recommendations and the changing community demographics since the plan's adoption, it is in the best interest of the community to up -date the Parks Master Plan. It is expected that the up -dated document will serve as the primary planning tool for park improvements and recreation programming enhancements for the next ten years. To secure the services of a consultant to assist with the up -date of the Parks Master Plan, staff released a Request for Proposals (RFP) in May 2008 to 22 experienced consulting firms and to the consultant -finders newsletter. Four (4) firms responded to the RFP by submitting proposals describing the services they are offering and the fees for those services. Staff and two members of the Parks and Recreation Commission (Ruth Low and Lew Herndon) reviewed the proposals and interviewed all four firms that submitted proposals. At the conclusion of the interviews, Matlock Associates was identified as the most qualified firm to complete the up -date of the Parks Master Plan. Matlock Associates and its team have completed numerous master plan documents over the years. Also, the principal from Matlock Associates, Jeff Scott, has successfully completed numerous projects in Diamond Bar in the last ten years including most recently the trail head at Sycamore Canyon Park, ADA retro -fit of Starshine Park and the renovation of the Lorbeer athletic field & slope. The four firms that were interviewed and their fees are: * Firm recommended for award of contract. DISCUSSION: Matlock Associates will provide extensive support during the process to up -date the Parks Master Plan. Elements of this process include: PHASE I — Research and Data Collection A. Project Definition and Orientation B. Inventory, Research and Fact Finding 1. Up -date inventory of programs and facilities 2. Obtain Extensive Public Input -- Scoping Session -- Stakeholder Interviews -- Sports Organization Survey -- On-site Public Interviews -- Statistically Valid Community Telephone Survey -- Hard Copy Community Survey -- Community Workshops -- Seniors Focus Workshop -- Seniors Input Survey in English and Mandarin. 3. Recreation Program Inventory 4. Demographic Analysis and Projections PHASE II — Evaluation and Master Plan A. Demand and Needs Analysis B. Cost and Financial Analysis C. Funding Analysis D. Capital Improvement Project Prioritization E. Review of ordinances and revenue development F. Preparation of draft document G. Master Plan of Summit Ridge Park site H. Master Plan of Paul C. Grow and Maple Hill Park tot lot sites I. Design Standards for trail elements for up -date of Trails Master Plan Estimate for Firm Proposed Fee Reimbursables Total Matlock Associates* $146,900 $10,000 $156,900 RGW Design Group $133,560 $10,000 $143,560 MIG, Inc. $194,030 $10,000 $204,030 RJM Design Group $184,849 $10,000 $194,849 * Firm recommended for award of contract. DISCUSSION: Matlock Associates will provide extensive support during the process to up -date the Parks Master Plan. Elements of this process include: PHASE I — Research and Data Collection A. Project Definition and Orientation B. Inventory, Research and Fact Finding 1. Up -date inventory of programs and facilities 2. Obtain Extensive Public Input -- Scoping Session -- Stakeholder Interviews -- Sports Organization Survey -- On-site Public Interviews -- Statistically Valid Community Telephone Survey -- Hard Copy Community Survey -- Community Workshops -- Seniors Focus Workshop -- Seniors Input Survey in English and Mandarin. 3. Recreation Program Inventory 4. Demographic Analysis and Projections PHASE II — Evaluation and Master Plan A. Demand and Needs Analysis B. Cost and Financial Analysis C. Funding Analysis D. Capital Improvement Project Prioritization E. Review of ordinances and revenue development F. Preparation of draft document G. Master Plan of Summit Ridge Park site H. Master Plan of Paul C. Grow and Maple Hill Park tot lot sites I. Design Standards for trail elements for up -date of Trails Master Plan PHASE III — Preparation of draft Master Plan A. Prepare draft Master Plan B. Parks and Recreation Commission and Public Review PHASE IV — Formal Review and delivery of completed Master Plan document A. Public Hearing before Planning Commission B. Public Hearing before City Council C. Delivery of Adopted Parks Master Plan This document will serve as the planning tool for park improvements and recreation programming enhancements for the next ten years. It will also incorporate the findings from previous research efforts and up -date the recommendations from the Community / Civic Center Task Force, Trails Master Plan, Sports Complex Task Force, and the Youth Master Plan, bringing the results of these efforts into a single document and prioritizing their recommendations. Deliverables will include a recommended master plan of the Summit Ridge Park site and will provide options for use of the building pad west of the Diamond Bar Center. Also, vacant land in Diamond Bar will be evaluated for potential acquisition as future park and open space sites. Opportunities for joint use / development will be evaluated as possible ways to meet the future recreational needs of the community and potential partners for such efforts will be identified as well. The schedule for the up -date of the Parks Master Plan is about one year, with adoption of the plan anticipated in June 2009. ATTACHMENTS: RFP for Up -date of Parks Master Plan. Consulting Services Agreement dated June 17, 2008. Proposal from Matlock Associates dated June 3, 2008 on file in City Clerk's office. REVIEWED BY: Director of Community Services CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of June 17, 2008 by and between the City of Diamond Bar, a municipal corporation ("City") and Matlock Associates, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals. 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 "B" the Consultant's Response dated June 3, 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. Term of this Contract begins on June 17, 2008 and shall continue until December 31, 2009 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 $146,900. plus $10.000 for reimbursables for a total authorization not to exceed $156,900. 4. General Terms and Conditions. provisions of this Agreement and Consultant's control. 5. Addresses. City: City of Diamond Bar James DeStefano, City Manager 21825 Copley Drive Diamond Bar, CA 91765-4178 6. Status as Independent Consultant. In the event of any inconsistency between the proposal, the provisions of this Agreement shall Consultant: Thomas Matlock Associates, Inc. Jeffrey Scott, Principal of Land Planning 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. 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 negligent or wrongful 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, represents 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. written above. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first "CITY" CITY OF DIAMOND BAR 0 Jack Tanaka, Mayor ATTEST: Tommye Cribbins, City Clerk Approved as to form: 13 City Attorney "CONSULTANT" Its: REQUEST FOR PROPOSAL UP -DATE OF CITY WIDE COMPRENSIVE PARKS MASTER PLAN The City of Diamond Bar is seeking responses from qualified firms to provide professional consulting services for the up -date of the City Wide Comprehensive Parks Master Plan REQUEST FOR PROPOSAL: The Community Services Department of the City of Diamond Bar is soliciting proposals from qualified firms for professional consulting services with experience in completing the work necessary to up -date the City Wide Comprehensive Parks Master Plan. The current Master Plan document was adopted by the City Council in March 1998. The up -dated document must incorporate studies completed since its adoption, including, but not limited to: Community / Civic Center Task Force Report of 1999, Trails Master Plan of 2001, Youth Master Plan of 2005, and the Sports Complex Task Force Report of 2005. The up -dated Master Plan must also provide a master plan for Summit Ridge Park that will outline opportunities for the development of future facilities within the park. The up -dated Master Plan will be the planning tool staff will reference when making recommendations for future growth and implementation strategies. The consultant shall work closely with the Community Services Department, Community Development Department, and the Parks and Recreation Commission, plus utilize the public input process to evaluate and determine the elements in need of up -dating and in the end, the priorities to recommend to the City Council in the up -dated Master Plan. The Community Services Department of the City of Diamond Bar operates parks and recreation facilities which provide the opportunity for leisure activities for about 59,000 residents. The City of Diamond Bar recognizes that properly planned development and appropriate maintenance of these facilities enhance the quality of life of the citizens of Diamond Bar. At this time there is a need to provide direction in the up -dated Master Plan to continue the orderly and consistent planning, acquisition, development and administration of the parks and recreation programming in the City. City of Diamond Bar 1 RFP- Parks Master Plan Up -date The City of Diamond Bar General Plan, which outlines the goals and objectives for parks and recreation in the Resource Management Element, calls for the up -date of the Master Plan every ten years. Firms submitting proposals herein must have a proven track record in preparing and/or up- dating Master Plans and have fulfilled requirements and completed projects similar in scope. SUBMITTAL PROCEDURES / DEADLINE: Interested firms must submit five (5) copies of the proposal to: Bob Rose, Community Services Director City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 SUBMITTAL DEADLINE Proposals are due by Tuesday, June 3, 2008 by 5:00 p.m. SUBMISSION PROCEDURES The proposal must include the following: A. Cover letter including name, address and telephone number for the firm, background information and the name of the contact person. B. Names and qualifications for the project team that will be providing the services, including resumes. C. Scope of Services D. Proposed Fee E. Breakdown of Proposed Fee by task and hourly rate. F. Proposed hourly billing for each project team member that would be assigned and any expected additional expenditures. G. Experience of the assigned team members with similar work. H. Firm's capabilities relative to performing the required work within reasonable time frames. I. At least three references for similar work J. Schedule of required time line to complete the project. RFP - Parks Master Plan Up -date 2 City of Diamond Bar SCOPE OF SERVICES: PHASE 1 - RESEARCH AND DATA COLLECTION The first phase of the process to up -date the Comprehensive Parks and Recreation Master Plan is the assessment of needs based upon the review of existing parks and recreation related documents and the collection of new data utilizing the following methods: A. Thorough review of current Comprehensive Parks and Recreation Master Plan and studies completed since its adoption, including: Community / Civic Center Task Force Report of 1999, Trails Master Plan of 2001, Youth Master Plan of 2005, Sports Complex Task Force Report of 2005 and the goals and objectives for parks and recreation listed in the Resource Management Element of the General Plan. B. Host a public scoping session at a special meeting of the Parks and Recreation Commission to start the public in -put process for up -dating the Parks Master Plan. C. Review and up -date the existing inventory and analysis of parks, recreational facilities, trails and recreation programs (including school facilities). Up -date of individual site plans required. Aerial photographs of sites may be added, however, up -dated plot plans similar to those in the current Master Plan are required. D. Identify potential deficiencies in existing parks and recreation facilities with respect to park acreage standards and recreation programming needs, and develop an Action Plan to deal with these deficiencies. E. Complete a demand analysis for parks and recreation facilities, and recreation programs which considers demographic trends and projections as well as an analysis of present programs. The Demand Analysis shall include a random telephone survey that consists of at least 500 residents. Analysis should also consider program and facility needs to the year 2020. F. Review and recommend changes to criteria and guideline standards for parks and recreational facility development. G. Determination of future needs for parks, recreational facilities, trails and programs. H. Analyze the potential for improvement to existing City parks and the development of public land. Develop an inventory of parcels in Diamond Bar that could be acquired to meet future parks / facility needs. I. Determine the need for special activity facilities (i.e. youth sports facilities, community/botanical garden, recreation center/gymnasium, senior citizen center, additional / replacement golf course, etc.) and quantify demand. Recommend potential locations for such activities (including existing park locations and other public and private properties) with an analysis as to potential strengths and weaknesses of each location. Develop estimates for the cost of all the alternatives. City of Diamond Bar 3 RFP - Parks Master Plan Up -date J. Develop a master plan for Summit Ridge Park that will outline opportunities for the development of future facilities within the park. K. Develop and/or up -date plot plans/schematics of all existing and proposed parks. L. Review the City's plan to meet the Americans with Disabilities Act (ADA) requirements and identify any deficiencies. Develop a long range plan for meeting ADA requirements. M. Review operational and maintenance policies and standards for the park system (including building facilities) as a whole. Determine if the levels of service, either by City personnel or contract labor, is sufficient to maintain a safe, clean and quality parks system. Identify needs. N. Review the management structure, organization, personnel and policies required for the planning, development and operations of a comprehensive parks system and recreational program delivery system; determine the management and organizational needs of the parks system and recreational program delivery system. O. Prepare a report of background data for review by the Parks and Recreation Commission. The report will include pertinent General Plan policies, preliminary survey design, and information obtained from review of Community / Civic Center Task Force Report of 1999, Trails Master Plan of 2001, Youth Master Plan of 2005, Sports Complex Task Force Report of 2005 and the goals and objectives for parks and recreation listed in the Resource Management Element of the General Plan, and an inventory of facilities, land / land acquisition opportunities and current programs. PHASE II - EVALUATION AND MASTER PLAN The second phase of the Master Plan shall be an evaluation and development of the Master Plan up -date with the following elements: A. Recommended changes to goals and policies that will guide the City in the orderly development or improvement of parks, trails, recreation facilities and recreation programs. B. Specific recommendations regarding the Community Services Department's staffing, services and programs. C. The up -dated Master Plan shall include a Development Plan (Capital Improvements Program) which addresses the deficiencies in the present system, as well as recommendations to address future needs. The development plan is to include costs to be used for future funding requests as well as a program of priorities for the implementation of the plan. Identify alternative funding sources beyond Quimby Act revenues and City general fund revenues. D. Consultant shall prepare a plan after evaluating the list of priorities and identification of new facilities and land requirements necessary to implement recommendations. The preliminary plan is to include a financial analysis of the costs associated with the plan and identification of funding sources that may be available to complete its implementation. RFP - Parks Master Plan Up -date 4 City of Diamond Bar PHASE 111-- PREPARE DRAFT MASTER PLAN A. The Parkas and Recreation Commission shall review the Draft up -dated Master Plan and provide comments and recommendations on its contents. In addition, a schedule of community meetings is to be established for presenting the plan and receipt of comments from the public. B. The Parks and Recreation Commission shall conduct public meetings to receive comments on the Draft up -dated Master Plan. C. The Consultant shall revise the Draft up -dated Master Plan in response to requests from staff and the Parks and Recreation Commission after completion of the initial community meetings. Revised report to include text and exhibits including an action program including possible funding strategies for implementing the plan elements. PHASE IV - FORMAL REVIEW OF MASTER PLAN A. The Parkas and Recreation Commission shall conduct public meetings on the draft up -dated Master Plan and forward recommendations to the Planning Commission. B. The Planning Commission shall conduct public hearings on the Draft Master Plan and take action on the recommended plan. C. The City Council shall conduct public hearings on the Draft up -dated Master Plan and consider the adoption of the Plan including possible adoption of associated procedures, funding schedules, etc., necessary to implement the up -dated Master Plan. COPIES OF MASTER PLAN CONSULTANT SHALL PROVIDE A. Copies of the draft Master Plan document shall be provided by the consultant at five stages: 1. Five (5) copies for staff to review prior to review by the Parks and Recreation Commission. 2. Ten (10) up -dated copies after staff's review for the Parks and Recreation Commission review. 3. Ten (10) up -dated copies after the Parks and Recreation Commission review for the Planning Commission review. 4. Thirty (30) up -dated copies after the Planning Commission review for the City Council review. 5. Thirty (30) up -dated copies within 30 days after adoption of the up -dated City Wide Parks Master Plan to the Community Services Department for final distribution. City of Diamond Bar 5 RFP- Parks Master Plan Up -date SELECTION CRITERIA Selection of the firm will be made on a competitive basis. The review and evaluation of the response to this RFP, City staff will consider the following: A. Responsiveness and comprehensiveness of the proposal with respect to this Request for Proposals (RFP); B. Experience of the firm completing Parks Master Plan documents and successfully generating its support during the public input and document approval process. C. Related experience and qualifications of the proposed project manager and project team. D. Availability of project team and their ability to complete this project in a timely manner. E. Information obtained from references. F. Willingness to enter into standard City of Diamond Bar Consulting Services Agreement. (Copy attached) G. Reasonableness of the proposed fee. The criteria should not be construed so as to limit other considerations which may become apparent during the review and selection process. The City reserves the right to reject any or all proposals and may elect to make a decision without further discussion or negotiation. This solicitation for proposals is not to be construed as a contract of any kind. The City is not liable for any cost or expenses incurred in the preparation of the proposal. QUESTIONS All questions concerning this RFP should be directed to Bob Rose, Community Services Director at (909) 839-7061. Attachment: Consulting Services Agreement (Appendix A) Other Documents Available: The following two documents can be obtained via e-mail. Submit e-mail address to Marisa Somenzi, Senior Administrative Assistant at: marisa.somenzi(a_)diamond-bar.ca us 1. Executive Summary of current Parks Master Plan document 2. Appendix G, which outlined staff's recommendations at the time of City Council adoption in 1998 for the implementation of the Parks Master Plan. RFP - Parks Master Plan Up -date 6 City of Diamond Bar ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) PRODUCER (951) 736-9477 FAX (951) 736-9478 THIS TIFICATE IS ICSI IFn ae A RAAT 06/09/2008 Orion Risk Management Insurance Services, g Ca. $[�� ...,T Inc. ONL O HOL T�E,g/!fr R OF INFORMATION HE CERTIFICATE Lic. #OD28764• MEND, EXTEND OR 2280 Wardlow Circle, Suite 250 ALT Y E POLICIES BELOW. Corona, CA 92880 INSUR FORDG IV!!AGE ` NAIC # INSURED Thomas G. Matlock Assoc., Inc. GENERAL LIABILITY INSURER rless Insurance CO. EACH OCCURRENCE $ 1,000,000 1614 E. Holt Blvd. #106 X COMMERCIAL GENERAL LIABILITY INSURER Ontario, CA 91761 DAMAGE TO RENTED $ mp ny INSURER INSURER MED EXP (Any one person) $ 10,00 rnv�n • �.I-n INSURER E: _. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO PERIOD INDICATED. NOTWITHSTANDING WHICH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OF SUCH INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE 06/04/2008 POLICY EXPIRATION 06/04/2009 LIMITS GENERAL LIABILITY BP9575259 (2008-2009) EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE OCCUR EREMISER (Fa occur 500' 00 MED EXP (Any one person) $ 10,00 A PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000 a 00 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - X PRODUCTS - COMP/OP AGG $ 2 000 '000 POLICY JECT LOC AUTOMOBILE LIABILITY BP9575259 (2008-2009) 06/04/2008 06/04/2009 ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 11000,000 ' 000 , 00 ALL OWNED AUTOS BODILY INJURY $ (Per person) A SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS/UMBRELLA LIABILITY MXL0367012 06/04/2008 06/04/2009 EACH OCCURRENCE $ 3,000.000 B X OCCUR ElCLAIMS MADE AGGREGATE $ 3,000,000 s DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. EACH ACCIDENT $ If yes, describe under E.L. DISEASE - EA EMPLOYEE $ SPECIAL PROVISIONS below OTHER E.L. DISEASE -POLICY LIMIT $ ert does not address Orion does not warrant that coverage limitations/ coverage exists for any xTusions specific purpose or situation DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS E: Sycamore Canyon Park A.D.A Retro -Fit - Phase IV City of Diamond Bar, its officers, employees and volunteers are named Additional Insured per the �he erms of the attached endorsement. 10 day notice of cancellation applies for nonpayment of premium /^COTICI^A- I Imo. --- City of Diamond Bar City Manager James DeStefano 21825 Copley Dr. Diamond Bar, CA 91765-4178 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Thomas G. Matlock Associates, Inc. Policy Number CBP9575259 Policy Term:June 4, 2008 to June 4, 2009 COMMERCIAL LIABILITY GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2. g. 2) is replaced with the following: 2.g. 2) A watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. SECTION I - COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Limits The medical expense limit provided by this policy shall be the greater of.- a. f: a. $10, 000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary. GECG 602 (09/04) Includes copyrighted material of Insurance Services Offices Inc. with its permission Page I of 1 The following is added. - COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in "bodily injury" or "property damage'; and b. The "product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses" during the policy period is $100,000. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit' including actual loss of earnings up to $500 a day because of time off from work. SECTION II -WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III - LIMITS OF INSURANCE Paragraph 2 is amended to include: The General Aggregate Limit of Insurance applies separately to each 'location" owned by you, rented to you, or occupied by you with the permission of the owner. GECG 602 (09/04) Includes copyrighted material of Insurance Services offices Inc_ with its permission Page 2 of 2 Paragraph 6. is replaced with the following: 6_ Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000. or b. The amount shown in the Declarations. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a.is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the 'occurrence", offense, claim, or "suit'. Knowledge of an 'occurrence", offense, claim or "suit' by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the 'occurrence", offense, claim or "suit'. Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Item & is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. GECG 602 (09/04) Includes copyrighted material of Insurance Services Offices Inc. with its permission Page 3 of 3 b. If required by a written "insured contract', we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under that written "insured contract' for that person or organization and included in the "products -completed operations hazard". Item 10. and Item 11. are added. - 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V- DEFINITIONS The following definitions are added or changed. 9. "Insured contract' a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract'. 23 and 24 are added.- 23. dded: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS - SY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. GECG 602 (09/04) Includes copyrighted material of Insurance Services Offices Inc. with its permission Page 4 of 4 With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage' or "personal and advertising injury"; b. To "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization included as an insured under provision B. of this endorsement; f. To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy. B. ADDITIONAL INSURED —VENDORS Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as "vendor") with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; C. Any physical or chemical change in the product made intentionally by the vendor; GECG 602 (09/04) Includes copyrighted material of Insurance Services Offices Inc. with its permission Page 5 of 5 d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. To "bodily injury" or "property damage" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. GECG 602 (09/04) Includes copyrighted material of Insurance Services Offices Inc. with its permission Page 6 of 6 Proposal to provide Professional Consulting Services for the Update of the City Wide Comprehensive Parks Master Plan marlock Al I outlook INC. June 3, 2008 Mr. Bob Rose Community Services Director City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 SUBJECT: PROPOSAL TO PROVIDE PROFESSIONAL CONSULTING SERVISES FOR THE UPDATE OF THE CITY WIDE COMPREHENSIVE PARKS MASTER PLAN Dear Mr. Rose On behalf of Matlock Associates, we are pleased to respond to your request for proposal to provide professional consulting services for the above noted project. We have reviewed the scope, reviewed with staff, and partnered with highly qualified sub -consultants to develop a project understanding to address your goals and objectives. Matlock is a full service, professional consulting firm specializing in architecture, land planning, park master planning, construction management and construction. Matlock Associates has been in the professional design and construction field for over 30 years. We offer a full service design solution starting with master planning and architecture along with building design and detailing and finishing with interior design and furniture systems. To compliment our full array of design services, as a licensed contractor we offer design/build as an option for a complete development package We have selected a highly talented and creative team of staff and sub -consultants to assist with the development program identified in the scope of services. Leading the Matlock team is Mr. Jeffrey Scott who will be assisted by Mr. Ron Hagan with The Pulse Group, and Mr. Thomas Matlock addressing quality assurance. Together, these leaders have over 40 years of experience. Mr. Scott is empowered to enter into a binding contract with the City and can answer any questions regarding the submitted proposal. The enclosed organizational chart highlights the key project team members. The Matlock team has extensive parks master plan experience throughout Southern California that directly relate to the RFP as well as current and future knowledge of upcoming projects. Some of the team's current and recent park projects include: Park and Recreation Master Plans for the Cities of Bakersfield, McFarland, Stanton, Perris, La Verne, Couth Gate, Culver City, Yucca Valley, Moreno Valley and Santa Paula, California. Matlock Associates and The Pulse Group have been working throughout the area since 1978 and have built strong relationships with governing agencies encompassing the region. We thank you for your consideration of our qualifications and look forward to the next step in the selection process. SincerelytSco THOMAS CK ASSOCIATES, INC. Jeffrey F., ASLA Principal of Land Planning 1614 E. Holt 31!vd., S i E_ 106, Ontar.o, Caiifornla 9 ' 761 P. 909.983.7777 F. 909.983.6600 r' Prepared City of • • :. 21825 Copley Drive Diamond Bar, CA 91765 Contact: Bob Rose Community Services Director (909)839-7061 Prepared by INa�lo� r 1614 E. Holt Blvd., Suite 106 Ontario, CA 91761 Contact: Jeffrey F. Scott, ASLA Principal (909) 983-7777 Fax (909) 983-6600 email: ieff.scottCd)matiockassociates com June 3, 2008 ' City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan w '1 Section A: Cover Letter Section B: Project Team and Resumes Section C: Scope of Services Section D: Proposed Fees Section E: Hourly Billing for Project Team Members Section F: Project Team Similar Work & References Section G: Work Load Section H: Project Schedule Appendix: Firm Information City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan i i Matlock has assembled a well-rounded team of individuals for this project. A short biography of each project team member may be found in this section, along with full resumes. CITY OF DIAMOND BAR Bob Rose Community Services Director Principal In Charge Jeffrey Scott Finandall Rost Hagan Y* Public Eat 'se Group Gra hies Steve Lopez Olya Sharonova Matlock Aswcates Project Mana9er Ron Hagan The Puke Group Architecture Ryan Oldham Andrew Mil©sch Matlock Assoaates QA/OC Thomas Matlock Matlock Assodates Park Planner Research Jeffrey Scott Bryan Godbe Matlock Asssooates City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan t� � PUBLIC ® f N T E R P R -IS E �r RON HAGAN Project Manager / Financial Analyst Senior Associate Consultant Public Enterprise Group / The Pulse Group Ron Hagan is an independent Senior Associate Consultant for two specialty consultation firms who provide services to public agencies by acting in sub - consultant roles to Landscape Architectural and Engineering firms. The two firms Mr. Hagan is a Senior Associate for are: PUBLIC ENTERPRISE GROUP, or simply PEG, a consulting firm with the mission of developing revenue for public agencies for operations and maintenance costs of public facilities by designing in mutually beneficial business arrangements between corporations and the governing bodies building public facilities. The firm uses the experience and resources of its extensive network of associates to design and recommend profitable marketing relationships, corporate partnerships and Asset Management Strategies when developing master plans for public facilities. THE PULSE GROUP is a market research and strategic planning firm, which specializes in using business, economic, customer and trend research and competitive intelligence, to provide real estate, hospitality and sports/leisure clients with practical growth, positioning, development, service and operational strategies. Areas in which PEG & The Pulse Group's Senior Associate Consultant Ron Hagan has special expertise include: ♦ Park & Recreation Master Plans Conference Centers and Convention Facilities Sports Complexes and Recreation Facilities Tourism and Cultural Attractions ♦ Municipal Golf Courses ♦ Performing and Visual Art Venues ♦ Themed Entertainment and Specialty Retail Venues ♦ Public Parking Structures ♦ RV Parks Scope of Services Provided Ron Hagan, Senior Associate Consultant with PEG and The Pulse Group offers professional services in the following areas: Master Plan Needs Analysis Capital Project Financing and Funding Options Asset Management Strategies for Revenue Development ♦ Financial Sustainability Design Planning • Renovation/ Repositioning Studies ICity of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan 1A t"' RON HAGAN Cont. Development Programming and Strategic Planning Attitude and Preference Research ♦ Building and Strengthening Brand Images ♦ Feasibility Studies for Naming Rights & Corporate Partnerships Deal Structuring for Concessions and Leases on Public Property PEG/Pu/se Group's Approach Ron Hagan, Senior Associate Consultant, working with the resources available from PEG and Pulse Group, thoughtfully integrates information about industry trends and best practices, with first hand customer information and competitive intelligence, to provide concrete design, operational, and marketing strategies for development of public facilities. Mr. Hagan's approach combines traditional good listening skills, with out- of-the-box thinking, extensive industry experience and common sense. The result is a tailored master plan design for public facilities that financially supports their development financing and operational costs. Simply put, Mr. Hagan and his resources at PEG and Pulse Group are experts at assisting municipal agencies better understand the attitudes and preferences of their customers and use this information in concert with operational research and other business information, to develop market driven design strategies that insure financially successful development and/or rehabilitation projects. Consultant Resume Ron Hagan: Senior Associate Consultant, Public Enterprise Group / The Pulse Group "City Partnership Pro" - Mr. Hagan has been a Community Services professional for over 33 years. Prior to his retirement from the public sector in 2002 he served as Director of Community Services for the cities of Claremont, Fullerton and Huntington Beach, California. As Director of Community Services for the City of Huntington Beach, Ron was responsible for the $40 million Downtown Waterfront Redevelopment project that included both public and private investment. He is known throughout the region as a pioneer and leader of the concept of using municipal corporate partners and sponsorships to generate revenue to pay for capital improvements. He has negotiated numerous restaurant, golf course, and waterfront concession leases; license agreements for commercial recreation facilities; and corporate sponsorships for regional, �, City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan &I •t A► 41 1 RON HAGAN Cont. national and international events. During Mr. Hagan's 11 years with the City of Huntington Beach he helped to nearly double tourism, from four million visitors per year to over seven million. He was responsible for integrating the downtown waterfront improvements with the city's redevelopment of the 550 -room Hyatt Regency Hotel & Conference Center. He has prepared numerous financial impact reports for downtown redevelopment projects. He has done analysis of the economic benefits of park & beach improvements, commercial recreation facilities, wetland restoration projects, golf course development & operation, sports complexes, restaurant & food concessions, major events and corporate partnerships. Ron has also developed economic forecast models to assess the economic benefits of eco -tourism, local shuttle transportation systems, parking facilities, RV Parks and visitor serving retail on public property. He has extensive experience in financing capital projects, using both public financing and private financing methods such as Revenue Bonds, Cop's, leaseback options and improvement districts. Ron is a registered professional with the California Park & Recreation Society and a graduate of California State University Los Angeles. Representative Projects Preparation of Comprehensive Park & Recreation Master Plans In coordination with various Landscape Architects, Mr. Hagan has prepared comprehensive Park and Recreation Master Plans for the Cities of Bakersfield, McFarland, Stanton, Perris, La Verne, South Gate, Culver City, Yucca Valley, Moreno Valley and Santa Paula, California. The Master Plans were unique in that in addition to park standards for development and recreation program needs analysis, the Master Plans contained an Asset Management Program, Priority Capital Improvement Program, and a Financing / Funding Alternatives Strategy which provided the Cities with not only a strategic plan for what park and recreation facilities it should develop and offer to the community but also a financial plan to fund and pay for their implementation. CITY OF KENNEWICK, WASHINGTON Asset Management Plan & Economic Development Plan for Proposed Sports Complex In coordination with local landscape architects, Mr. Hagan prepared an asset management plan and an economic development plan for a 60 -acre sports complex designed to be totally self-supporting through user fees, concessions, licenses, leases, and other asset management categories. City of Diamond Bar Update of the City Wide Comprehensive Parks Master Plan ,t 11 RON HAGAN Cont. CITY OF HUNTINGTON BEACH, CALIFORNIA Design and Development of HB Sports Complex on Closed Landfill Site As Director of Community Services for the City of Huntington Beach, Mr. Hagan oversaw the design, financing, and development of the 45 -acre Huntington Beach Sports Complex. His responsibilities included working with the Environmental Protection Agency, Army Corps of Engineers, Fish and Game, Integrated Waste Management Board and the Department of Toxic Substances Control to gain approval of the methane remediation plan to develop the City's major Sports Complex. City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan �t A i' THOMAS G. MATLOCK QA/QC President Mr. Matlock, as President, oversees all aspects of Matlock Associates. He has over 40 years of experience in the architectural and construction industries, which has proven to be an invaluable asset to our clients. His vast knowledge of architectural design, construction and commercial real estate provides a broad scope of services to assist in the development of every project. Educational Experience • Bachelor of Architecture California State Polytechnic University, San Luis Obispo 1966 Years of Experience • 40 years in the Architectural and Construction industries License(s) • Registered Architect, California 1971 (#C6816) • NCARB Certification (#60205) • General Building Contractor, California 1991 (#608856) Service • Board Director for Wycliffe Bible Translators, USA • Board Director for JAARS, Inc. a Wycliffe partner organization • Member of the Ontario Chamber of Commerce (8 years) • Chaired subcommittee, member of Economic Development Committee • Charter Graduate of GOLD (greater Ontario Leadership Development) • Member of two special committees of the Chino Chamber of Commerce (4 years) • Church Leader and Bible Teacher (40 years) • BIOLA School of Intercultural Studies — Advisory Board (6 years) • BIOLA MBA Mentor • Volunteer Architect for projects in Papua New Guinea, Peru and Kenya • Missions Work Tour — Germany, Switzerland, Austria and Czech 41 aty of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan Sveamore Canyon Trail JEFFREY F. SCOTT, ASLA Principal In Charge / Park Planner Principal of Land Planning Mr. Scott is a partnering principal in Matlock Associates responsible for business development, project management on high profile projects, and land planning/landscape architectural design on numerous projects, including design and planning for parks, streetscapes, sports facilities, schools, commercial, residential, and industrial developments. He has over 18 years of experience in land planning and landscape architectural design, project management and construction observation. Educational Experience • Bachelor of Science, Landscape Architecture California State Polytechnic University, Pomona 1989 Years of Experience • 8 years with David Evans and Associates, Inc. • 8 years with Purkiss Rose RSI • 3 years with Little Tikes Playground Design and Sales Service • Professional Membership with the American Society of Landscape Architects • Professional Membership with the National Park and Recreation Association • Board Member of the California Parks and Recreation Society from 2000-2003 Current and Recently Completed Projects • Trails Master Plan Brea, California • Sycamore Canyon Trail Diamond Bar, California • Ruben S. Ayala Park 60 Acre Sports Expansion Project Chino, California • Veterans Park 15 Acre Sports Park Pomona, California • Windsong, Heritage Regency, Marna O'Brien, and Perret Park Riverside county EDA, California • Kern River Specific Trails Plan Kern County, California %J>ry or uiamona ear — update of the City Wide Comprehensive Parks Master Plan River Park, Simi Valley i .rs=r-1e IIf • It�II�[I�UI -il ItRlf rl k IF Riverside County EDA - Marina O'Brien Park Sveamore Canyon Trail JEFFREY F. SCOTT, ASLA Principal In Charge / Park Planner Principal of Land Planning Mr. Scott is a partnering principal in Matlock Associates responsible for business development, project management on high profile projects, and land planning/landscape architectural design on numerous projects, including design and planning for parks, streetscapes, sports facilities, schools, commercial, residential, and industrial developments. He has over 18 years of experience in land planning and landscape architectural design, project management and construction observation. Educational Experience • Bachelor of Science, Landscape Architecture California State Polytechnic University, Pomona 1989 Years of Experience • 8 years with David Evans and Associates, Inc. • 8 years with Purkiss Rose RSI • 3 years with Little Tikes Playground Design and Sales Service • Professional Membership with the American Society of Landscape Architects • Professional Membership with the National Park and Recreation Association • Board Member of the California Parks and Recreation Society from 2000-2003 Current and Recently Completed Projects • Trails Master Plan Brea, California • Sycamore Canyon Trail Diamond Bar, California • Ruben S. Ayala Park 60 Acre Sports Expansion Project Chino, California • Veterans Park 15 Acre Sports Park Pomona, California • Windsong, Heritage Regency, Marna O'Brien, and Perret Park Riverside county EDA, California • Kern River Specific Trails Plan Kern County, California %J>ry or uiamona ear — update of the City Wide Comprehensive Parks Master Plan �1 s i :t Ruben S. Ayala Park Expansion Project Pewit Park, Lake Elsinore 41 1 Perrit Park, Lake Elsinore a' Kessler Park, County of San Bernardino JEFFREY F. SCOTT, ASLA - Project Descriptions Ruben 5. Ayala Park Expansion Project, Chino, California Mr. Scott served as project manager on this 68 -acre expansion of Ruben S. Ayala Park in Chino. He is overseeing multi -disciplinary staff that is providing conceptual and final design and construction observation services for Ruben Ayala Park in Chino. The park will feature four tennis courts, four basketball half courts, and nine soccer fields. Additionally, a synthetic turf field for soccer and football will be provided; boasting covered stadium seating for over 300 spectators. Colorful tile mosaics and water misters are just some of the amenities proposed for incorporation into the 68 -acre park development. A 100' diameter circular play area, with an adjacent brick seat wall, is custom designed, with areas for children ages 2-5, and a separate area for ages 5-12. Windsong, Heritage Regency, Marna OWden, and Perret Park, Riverside County EDA, California Mr. Scott served as lead designer for the renovation of four park sites in Riverside County. The multi -disciplinary design team of engineers, surveyors and landscape architects provided conceptual designs and plans, specifications and construction cost estimates for the renovated park projects. The park sites ranged from 2.1 -acres to 9 -acre park sites. Amenities included children's playground, a basketball court, restroom facilities, decomposed granite walkways, baseball fields, historical art features, tot -lots, arbor structures, a custom gazebo and pier with view area seating, and picnic areas. Veterans Park, Pomona, California Mr. Scott served as client/project manager responsible for providing conceptual design, public presentations, and plans and specifications and construction observation for a new 12 -acre park site in the city of Pomona. The site included 4 synthetic lighted soccer fields, restroom / concession building, maintenance storage/ restroom facility and a park entry treatment which embellished the people to see the park entrance form Mission Avenue. Kessler Park, County of San Bernardino, California As project manager, Mr. Scott worked with the City of Fontana and San Bernardino County to provide a conceptual master plan for the joint renovation and expansion of the existing neighborhood park and equestrian center. Placing an emphasis upon both active and passive recreation that may be accessed by a broad spectrum of ages and abilities, the master plan proposes the renovation of little league and soccer fields, an equestrian center, tot lot, picnic areas, parking, and accessibility to the community center. The proposed expansion incorporates the adjacent capped landfill to provide new soccer/football fields on synthetic turf, parking, additional tot lots, picnic areas, enhanced trail systems, as well as an expanded maintenance and concessions facility. City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan a Four Seasons at Palm Springs Community hour Seasons at Beaumont Community, Four Seasons at Hemet Communny t RYAN OLDHAM, AIA Project Architect Principal of Architecture Mr. Oldham is a partnering principal in Matlock Associates and is the director of the architectural group. He is responsible for business development and project management on high profile projects and numerous commercial, civic, religious, and residential developments. Mr. Oldham has over 13 years of design, project management, and construction management experience. Educational Experience • Bachelor of Architecture University of Colorado 1995 • Master of Business Administration BIOLA University, California 2006 Years of Experience • 12 years in the field of Architecture License(s) • Registered Architect, California 2004 (#C29715) Services • Professional Member of the American Institute of Architects Current and Recently Completed Projects • Friendship Baptist Church Yorba Linda, California • Singer Park and Villa Park Pasadena, California • Sycamore Canyon Park - Restroom Diamond Bar, California • City of Chino Council Chambers Renovation Chino, California • Wescorp Corporate Office San Dimas and Temecula, California • Four Seasons at Beaumont Community Beaumont, California • Four Seasons at Palm Springs Community Palm Springs, California • Four Seasons at Hemet Community Hemet, California 1 City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan 74 Friendship Baptist Church, Yorba Linda 24 A City ojChino Council Chambers, Chino Four Seasons at Beaumont Community Parkside Community RYAN OLDHAM, AIA - Project Descriptions Friendship Baptist Church, Yorba Linda, CA Mr. Oldham served as the lead project architect and directed production of plans for a 20,000+ SF new multi-purpose building and associated site development. The building contains a full gymnasium with a performance stage, full service commercial kitchen, and classrooms on both the first and second floors. In addition a new parking lot was added around the building with a new hardscape plaza and landscaping including a children's play area. City of Chino Council Chambers, Chino, CA Mr. Oldham served as lead designer and project architect for the renovation to the City of Chino Council Chambers. The renovation included a complete demo of the existing space for a new public area, dias, council meeting room, and restrooms complete with new finishes, casework, lighting, A/V. The design included a new 30' operable window/door system to an outside patio area immediately adjacent to the public floor. Foothill Bank, Temecula & Whittier, CA Lutheran Credit Union, Brea, CA California Business Bank, Corona & Ontario, CA Mr. Oldham served as the designer and project manager for various branch bank and credit union lease space tenant improvements. Design included customer financial services area, architecturally designed teller lines, vault design, offices and conference rooms as well as overall lighting and finishes. Four Seasons Communities at Beaumont, Palm Springs, Hemet, CA Mr. Oldham served as the managing architect and lead project manager of construction for the development of 8 to 12 acre recreation centers within the Four Seasons brand active adult communities. The recreation centers included large hardscape plazas with surrounding gardens, full resort style pool areas with cabana buildings, an outdoor amphitheater and sport courts including tennis, basketball, and bocce ball. The recreation centers also included lodge buildings from 15,000 SF to over 28,000 SF. The design of the lodge buildings include a grand lobby, a grand ball room for seating of up to 800 guests, an on-site commercial kitchen and restaurant area, activity rooms, movie theater rooms, and a full spa facility including a salon, aerobics room, and fitness center. Mr. Oldham also provided project management for entry monuments and drive corridors, gatehouses, and a 5,000 SF sales office building within the Beaumont community. Parkside Community, Moreno Valley, CA Mr. Oldham served as the director of architectural product for the Parkside Community, which consisted of 4 distinct detached town homes. Mr, Oldham directed all design consultants to produce design and construction plans and was a member of the team who successfully entitlement and permitting of the project. City of Diamond Bar — Update of the City Wide Comprehensive Paries Master Plan A k 4' I South Shores Church, Dana Point Christian Community Credit Union, San Dimas ANDREW MILOSCH Architect Project Architect Mr. Milosch has been with Matlock Associates for over 25 years. He has worked on a wide variety of projects in the Design/Build Industry. His career began in 1979 with I.L. Webb Planning as a draftsman working on presentation drawings and construction documents. In 1982, he joined the Matlock team as an intermediate draftsman, advancing to his current status as a Project Architect. Educational Experience • Bachelor of Architecture California Polytechnic University, Pomona 1981 Years of Experience • 29 years in the field of Architecture License(s) • Registered Architect, California 1989 (#C20344) Current and Recently Completed Projects • Orange County's Credit Union, Corporate Office Santa Ana, California • Chino Valley Community Church Chino Hills, California • St. George Church, Pastoral Center Ontario, California • Calvary Church Santa Ana Santa Ana, California • South Shores Church Dana Point, California • Highland Avenue Community Church Rancho Cucamonga, California • Gateway Community Church Chino, California • Regency Assisted Living Rancho Cucamonga, California • Christian Community Credit Union San Dimas, California aty of Diamond Bar —Update of the City Wide Comprehensive Parks Master Plan Orange County's Credit Union (during construction) 14 w �' St, George Church and School South Shores Church i D Christian Community Credit Union l ' ANDREW MTLOSCH — Project Descriptions Orange County's Credit Union, Corporate Office Santa Ana, Ca. Project architect and design for this 4 -acre development consisting of a 2 - story, 40,000 sf office building and a 1 -story 8,000 sf credit union building including site development for parking 150 vehicles and landscape amenities. St. George Church and School, Multi -use Facility Ontario, Ca. Project architect and design for this 26,000 sf multi -use facility consisting of a 1,000 seat assembly hall/gymnasium, commercial kitchen, church administration offices, and 7 school classrooms including site development for parking 150 vehicles, landscape and fellowship plaza while maintaining existing 700 seat sanctuary, school, and historic church building. South Shores Church Master Plan Dana Point, Ca. Project architect and design for this 6 -acre campus consisting of a 2 -story 15,000 sf administration building; 2 -story 19,000 sf multi -use facility; 2 - story 30,000 sf classroom building; 2 level, 420 vehicle parking structure; maintaining an existing 800 seat sanctuary building. Christian Community Credit Union Corporate Office San Dimas, Ca. Project architect and design for this 26,000 sf facility included the remodel of an existing 1 -story 15,000 sf building and the construction of a 2 -story 11,000 sf addition along with landscape amenities. City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan a South Shores Church, Dana Point Christian Community Credit Union, San Dimas Christian Communitv Credit Union, San Dimas Calvary Church Santa Ana STEVE LOPEZ Graphics Project Coordinator Mr. Lopez has been with Matlock Associates for 4 years. Steve joined the Matlock Associates team as a Project Coordinator and Senior CAD Designer. He has worked on a variety of projects in the industry and specializes in architectural CAD design and Revit B.I.M. 3D modeling/rendering. Educational Experience • AA in Architectural Drafting and Design ITT Technical Institute, California 2000 • Industry Education courses in Architecture Mount San Antonio College, Walnut, California 1994 Years of Experience • 8 years in the Architectural Field Current and Recently Completed Projects • Friendship Baptist Church Youth Center Santa Ana, California • South Shores Church Dana Point/Monarch Beach, California • Christian Community Credit Union San Dimas, California • Calvary Church Santa Ana Santa Ana, California • Wescorp Corporate Office Santa Ana, California • City of Chino Police Department and Council Chambers Chino, California • Pacific Western Bank Covina, California City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan 1' ', Remodel —Jan Miller Residence "Corona Executive. Suites " ' New Spirit Baptist Church Addition 1 l OLYA SHARONOVA Site Survey Project Coordinator Miss Sharonova has been with Matlock Associates for over one year. She has coordinated and worked on numerous projects. Her career began in 2005 in the interior planning and design field. Currently, Olya oversees architectural design projects for the Matlock Associates team from the early design phase through construction completion. Educational Experience • BFA in Interior Design University of Kansas, Lawrence, Kansas 2004 Years of Experience • Over I year in the Architectural Field • 2 years in the Interior Planning and Design Field Services • Professional Member of International Interior Design Association (IIDA) 2002-2007 Current and Recently Completed Projects • Mary Howe New Residence, Interior Design Lawrence, Kansas • Jan Miller Residence, Interior Design Remodel Lawrence, Kansas • Amtech Engineering Corporation `Corona Executive Suites" Corona, California • Accountability Tenant Improvement Ontario, California • Turners Outdoorsman Tenant Improvement Corona, California • West Coast College C.U.P. Ontario, California • Friendship Baptist Church Youth Center Yorba Linda, California • New Spirit Baptist Church Building Addition Santa Ana, California • Thomas G. Matlock Associates, Inc. Tenant Improvement Ontario, California City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan "Corona Executive Suites" 4 _ - � ----------------- Accountability Tenant Improvement 1 Turner's Outdoorsman Tenant Improvements Friendship Baptist Church Friendship Baptist Church Lobby Section B: Resumes OLYA SHARONOVA — Project Descriptions Amtech Engineering Corporation ,Corona Executive Suites" - Corona, California Miss Sharonova was the main designer for the "Corona Executive Suites", working closely with the project architect on this 9,500 sf tenant improvement project. The renovation required almost complete demolition of the existing space. The new space included individual office suites with other common amenities. The main lobby was designed with great attention to detail to include lighting, finishes, and casework, along with a water -wall as the main feature. Accountability Tenant Improvement - Ontario, California Miss Sharonova was the project coordinator on this tenant improvement project and worked closely with the project architect. Accountability had 2,500 sf of new lease space that would be designed into office space to accommodate the accounting firm. The project included individual offices with common working space and a mezzanine for storage. The main lobby was designed with great attention to detail, including lighting, finishes, and casework. Turner's Outdoorsman Tenant Improvement - Corona, California Miss Sharonova was the project coordinator on this retail tenant project. She created a set of plans to include site plan information, floor plans, elevations, and details. This existing space was redesigned to current code standards and approved by the City of Corona under an aggressive construction schedule. West Coast College C. U. P. - Ontario, California As project coordinator, Miss Sharonova was responsible for attaining the Conditional Use Permit for West Coast College. In doing so, information was gathered from the existing site plan and verified to be current with all code information including ADA requirements, fire requirements, and occupancy standards. Informatin was submitted to the City of Ontario and approved. friendship Baptist Church Youth Center - Yorba Linda, California Miss Sharonova worked closely with the project architect to refine the construction drawings. She was able to help with choosing exterior and interior finishes and creating very original design for the main lobby. Miss Sharonova was also involved in research for the building codes and city requirements. City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan �r 1 '4r 4 �r ara �r a �r BRYAN GODBE, M.A. Research Manager President As the President and founder of Godbe Research, Mr. Godbe has more than 25 years of experience in public opinion research, public relations, and government affairs. In this capacity he has conducted hundreds of public opinion and market research projects at the national, state, and local levels for corporations, land development firms, councils of government, libraries, water districts, as well as hundreds of cities, counties, school districts, and special jurisdictions. His experience includes providing strategic direction on research projects for the Cities of Portland (Oregon), Tacoma (Washington), Henderson (Nevada), San Francisco, San Diego, Los Angeles, Sacramento, and San Jose (California). He is a recognized leader and innovator in using voter opinion research to assess the feasibility of revenue measures and to design public information campaigns to generate support for measures that would otherwise fail. Mr. Godbe received a Silver Anvil Award from the Public Relations Society of America for the development and implementation of an outstanding government affairs program on behalf of the Contra Costa Water District. This program was based on Mr. Godbe's extensive research including baseline research, focus groups and three tracking polls. Prior to founding the firm, Mr. Godbe was Vice President of Research at a California based public relations firm. Mr. Godbe also served as the Senior Research Consultant at the Center for the Study of Los Angeles, at Loyola- Marymount University. He has a Master's Degree from the University of Michigan where he studied survey research methodology at the Institute for Social Research; and a Bachelor of Arts degree from the University of California, Berkeley. Godbe Research Testimonials Working with Godbe Research was a great experience for us. Their staff is knowledgeable, responsive and easy to work with and the District benefited from Godbe's in-depth understanding of our key audiences. In the end, what mattered most was that the process yielded actionable survey and focus group results for the District. — Public Affairs Manager, Midpeninsula Regional Open Space District The Godbe Corporation conducted a public opinion and customer satisfaction survey for the Santa Clara County Parks and Recreation Department. Godbe Corporation provided professional services throughout the entire process, from development of the survey instrument through the presentation of results to our Parks and Recreation Commission. I highly recommend Godbe Research. — Customer and Business Services Manager, Santa Clara County Parks and Recreation rCity of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan Section C: Scope of Services ' a. Update Inventory of Existing Recreation Programs and ' Facilities The Matlock Associates team along with appropriate staff, commissions, councils and stakeholders will tour existing parks, open space, and recreation facilities owned and/or operated by the City, County, School District and other government entities and review current programming practices. This review will include, but is not limited to, City facilities, public school facilities, private facilities, and County recreation areas. City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan SCOPE OF SERVICES Thomas G. Matlock Associates, Inc. understands the City of Diamond Bar needs to update their 1998 Park & Recreation Master Plan. We offer the following Scope of Services for your review. We are available to meet and discuss the scope and make any adjustments that best fit your update requirements. ' A PHASE I — RESEARCH AND DATA COLLECTION The goal of this phase is to review the existing master plan, develop a credible database and perform a thorough analysis that will support any policy statements and recommendations. I -A: Project Definition and Orientation �+ The consultant team will work very closely with staff throughout the master planning process. We will meet with staff to discuss potential issues, develop a list of contacts, reports and strategies, review past relevant studies and complete the project schedule. We will review the master planning process, time line and coordinate our efforts to meet all requirements. We will learn of any special interest groups and special a concerns. Next we will seek an understandingof the staff's perceptions of the P P community's recreational programming and park facility needs, future ' housing growth, the arrangement with any shared facilities, the joint use relationship with School Districts and organized groups, golf course operations, private recreation opportunities, revenue development alternatives, the current and future budgets, open space, park dedication and in -lieu fee ordinances and City policy objectives. I -B: Inventory, Research and Fact -Finding The Design Team will prepare a list of items for staff to collect and provide to the Design Team, such as, department budgets for the past two years; city boundary and sphere of influence maps; as -built plans of existing park sites; aerial photos of existing and potential park sites; any past studies regarding parks, facilities or programs; current program information/ brochure/schedule; list of existingfacilities and trails joint use ' agreements, future park plans, etc. ' a. Update Inventory of Existing Recreation Programs and ' Facilities The Matlock Associates team along with appropriate staff, commissions, councils and stakeholders will tour existing parks, open space, and recreation facilities owned and/or operated by the City, County, School District and other government entities and review current programming practices. This review will include, but is not limited to, City facilities, public school facilities, private facilities, and County recreation areas. City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan �1 Section C: Scope of Services The design team will develop an inventory of existing and proposed park sites, schools and open spaces. We will evaluate the existing conditions of each park with a special eye towards ADA compliance, conservation and i sustainability. Deficiencies or substandard elements of each site will be recorded for future consideration. The Design Team will review the City's plan to meet the Americans With Disabilities Act requirements and identify any deficiencies. ' b. Obtaining Public Input "Scoping" Session — The Design Team will host a public scoping session at a special meeting of the Parks and Recreation Commission to start the public input process. This session will consist of the Design Team making a presentation of the importance of the Parks and Recreation Master Plan, 4' the process that will be used to develop it and the kinds of outputs expected to be generated from the plan. Those in attendance will then participate in two exercises. The first will be an individual exercise for them to list their own personal ideas, issues and desires for the master a plan. The second exercise will be a group exercise to prioritize the ideas, issues and desires listed. The public input from this scoping session should give the Design Team and staff a good feeling of what the Master Plan needs to address and what ideas and desires need to be explored. "Stakeholder" Interviews — The Design Team will conduct 12 "Stakeholder" interviews to gain input from those individuals and organizations that have a special knowledge and interest in the parks and recreation delivery system in Diamond Bar. The list of 12 interviews will be developed in coordination with staff. Staff will schedule the interviews and provide a conference room or other location to conduct the interviews. The Design Team will provide staff with a "Stakeholder" questionnaire form that staff will distribute to the final list of "Stakeholders" prior to the interviews. a�The "Stakeholder" interviews may include, but are not limited to, leaders of non-profit organizations the City coordinates with; school district officials, elected or appointed City officials; special interest group leaders; ' service groups, civic leaders, senior groups and others related to Community Services. "Sports Organization" Survey — Solicitingthe attitudes and perceived needs of community sports organizations is an essential element in the process. This survey does not only achieve the objective of outreach to the sports groups, it further provides valuable information regarding facility usage, team size, recreation seasonality, and player volume that is most a' important in the foundation of the facility needs calculation. The Design Team will provide a survey form containing questions relevant to the I City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan "Option 2" Web Based & Hard Copy Community Survey - If the City would like to have a community survey done whereby, residents could either access the survey and respond to it through the City's website or pick up a hard copy at City facilities fill it out and return it to the City, the Design Team can prepare a comprehensive community survey which the City then can print and make available at City facilities and provide a link on the City's website for the electronic submission of the survey form. The y Design Team would then tabulate and summarize the survey data to be City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan 3 usage of City recreation facilities by sports organizations in the City. It is expected that the City will take responsibility for distributing these forms to the organized sports groups within the City and following up to assure that each group returns a completed survey. The results will then be tabulated and used to verify and update the participation rates in these sports for use in the demand analysis. "On -Site" Public Interviews — The Design Team will conduct interviews of participants at park and recreation sites as part of its visits to these sites to do the inventory and condition assessment. A series of questions about usage, desired facilities and satisfaction with facility maintenance will be asked to willing participants during this process. The results will be tabulated and summarized and used in the needs assessment to determine public opinion of needed facilities and maintenance satisfaction. A "Optional Public Input Tools" — The Design Team believes the above public input tools will provide the City with sufficient data to determine the public's issues and concerns that need to be addressed in the Updated Master Plan and what the demand for future recreation facilities and programs will be in the City. However, there are other public input tools that could be employed to gain even further insight into the public's wishes if the budget for the Master Plan is adequate to cover the cost of implementing these tools. Consequently, we are providing other public input tools as options for the City to consider and determine if they would like to add these services to the proposed scope of work for the Updated ' Master Plan process. They include the following: a "Option 1" Statistically Valid Community Phone Survey - If the City wants to include a citywide phone survey in the process the Design Team will retain Pam Wooldridge of Research Network Ltd. To design and implement a resident telephone survey among current households of the a, City of Diamond Bar to assess their recreational needs and current recreation use patterns. A total of 500 interviews would need to be a completed with adult household heads living in the City of Diamond Bar. These respondents would be contacted through the use of a random digit a� dial sample. These 15 -minute interviews will be conducted via telephone a by professional interviewers using direct -entry computer technology. Staff will be included in the design and review of the 15 -minute interview instrument. "Option 2" Web Based & Hard Copy Community Survey - If the City would like to have a community survey done whereby, residents could either access the survey and respond to it through the City's website or pick up a hard copy at City facilities fill it out and return it to the City, the Design Team can prepare a comprehensive community survey which the City then can print and make available at City facilities and provide a link on the City's website for the electronic submission of the survey form. The y Design Team would then tabulate and summarize the survey data to be City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan 3 Section ••- of used in determining the community's desires for the Updated Park and ' Recreation Master Plan. ""Option 3" Community Workshops — If the City is desirous of conducting community workshops in various locations throughout the City or focus group workshops for special interest groups to gain public input by conducting participation exercises in a community forum format the Design Team can conduct these community/focus workshops during various stages of the Master Plan process. All of these public input options are good tools to use; however, because they are labor intense they do represent additional costs to perform and thus should be considered in light of available funding for the Master Plan a process. c. Recreation Program Inventory The Design Team will take inventory and analyze programs and services currently offered in the City. We will also analyze private and public facilities used to provide programs and services to determine their ability to meet future recreation/cultural services program needs. We will review existing documents, such as the 1998 Park and Recreation Master Plan document, Community/Civic Center Task Force Report of 1999, Trails Master Plan of 2001, Youth Master Plan of 2005, and the Sports Complex Task Force Report of 2005 and City policies related to and/or affecting parks and recreation programming. Identify existing goals ,r and objectives, issues concerning special interest groups, and other special concerns related to program opportunities and constraints. We will review all proposed General Plan policies and previous surveys related to the recreational opportunities available to residents of the City. We will secure base sheet information on all park sites that display existing conditions and improvements. We will gather information on all proposed improvements and master plans, including information presented in iupcoming specific plans. a We will interview the Community Services Director, along with the appropriate park and recreation staff regarding the community's recreation needs, availability and scheduling of facilities, relationships with other ° community agencies, budgets and their policies. m d. Demographic Analysis and Projections Understanding the recreation needs and preferences of residents first ' depends upon an understanding of the population and its demographic characteristics and future housing growth. Steps in this process involve a review of data regarding City's population base and projections. As ' available, demographic data regarding age, household size, ethnic profile City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan g 1' I , and income characteristics will be obtained for the City. Trends in these measures, which tend to be highly correlated with recreation patterns, will be examined. Decisions to allocate funding and resources regarding recreation facilities and programs need to accommodate both population growth as well as change in demography. The demographic area will be analyzed and projections of the future community demographic profile will be prepared. PHASE II — EVALUATION AND MASTER PLAN II -A: Demand & Needs Analysis The public input tools described above in Phase I will be evaluated in light of the current inventory of recreation facilities to identify surpluses and deficiencies in the existing parks and recreation -related facilities to serve the population base as it exists now and with projections into the future. The degree of demand will be used as one criterion to help establish priorities in developing the capital improvements plan. We will also use adjusted standards from the National Recreation Parks Association and comparisons with other cities similar in population and demographics with Diamond Bar. These standards will then be used to determine projected facilities' needs within the City as a whole. These estimates and projections of facilities' needs will be used by the Design Team to determine the amount and location of developed park land and facilities which will match the community's demand levels. The degree of need will help to establish priorities in developing the capital improvements plan. By applying design standards by park category, which will be developed in conjunction with the City staff, an estimate of the number of facilities of each type required to satisfy the projected demand will be determined. These relationships can be converted into facility standards or "facility need ratios" which relate specifically to the City. They will take the format of one facility required for every X thousand population and will be specific to a menu of different types of recreation facilities. These measures of facility need will be used to determine how many of each type of facility (e.g., ball fields by type, tennis courts, picnic tables, meeting rooms, etc.) are required and projected into the future as the population of the City grows. We will identify solutions to correct any deficiencies and recommend goals and objectives, based on community and staff input, that will guide in the development of programs and services. We will work with the Parks and Recreation Commission and staff to develop and refine the recommended goals and objectives for implementing programs and facilities. City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan i, 1 1 t We will provide input and suggest alternatives to fill gaps in programming ' and recommend changes to existing and under used programs and t services for the City. '1 i I I I 1 As part of the Needs Analysis we will determine the need for special activity facilities such as a Youth Sports Complex, Community Center/Gymnasium, a dedicated Senior Citizen Center, additional or relocation of the Golf Course, the need for community events space, the desire for botanical gardens, etc. Included in this analysis will be potential solutions where such facilities and amenities could be located or developed in partnership with other agencies or private ventures. Cost estimates and implementation strategies that analyze both the opportunities and constraints of each recommendation will be developed in the financial section of the Master Plan. II -B: Cost and Financial Analysis For the financial analysis portion of the study, the Design Team will provide the basic information required to develop a detailed funding and financing plan. Costs to implement the recommendations for develop of new parks and/or facilities, refurbish existing facilities, and fund maintenance & operations will be identified and presented. Costs resulting from the correction of current deficiencies will be segregated from those necessitated by growth from new development and those which may be the result of increasing existing standards. This analysis will provide a basis upon which proposed funding and financing vehicles can be evaluated and alternative strategies analyzed and recommended. II -C: Funding Analysis We will identify and describe park and recreation funding resources, which are currently utilized or proposed for the City as well as others, which may be feasible for use by the City. This assessment will evaluate the long-term viability of each alternative resource and the political, financial, administrative and legal feasibility of each funding resource or mechanism suggested. During the development of the Capital Improvement Plan, the Design Team will match alternative funding resources and capacities to specific capital improvements proposed for the City's Updated Comprehensive Park & Recreation Master Plan. Capital costs associated with acquiring and improving new and existing facilities and areas will be estimated. Funding alternatives which are legally, politically, and financially feasible for each project will be identified. I City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan AlA A, A 4 II -D: Priorities for Capital Improvements Based on all of the data accumulated and analyzed we will prepare a 10 year Capital Improvement Program which will be prioritized in reference to the needs analysis and available funding sources. Based on the consensus arrived at for proposed land uses, the Design Team will prepare recommendations for existing park sites, preservation of open space, trails and facilities making specific recommendations for new facilities or development. As part of this section of the Updated Master Plan we will prepare implementation strategies, which staff can then use to develop the Community Services Departments annual work program. A master plan for Summit Ridge Park will be prepared that will outline opportunities for the development of future facilities within the park. II -E: Review of Park Ordinance's and Revenue Development We will review the City's existing Park Land Dedication and In -Lieu Fee Ordinance and prepare recommendations for updating and or changing it to match current market conditions and current legislation. We will also look at the possibilities for establishing Park Impact Fees and Community Service Districts to raise revenue for park and facility development. The Design Team will also develop an Asset Management Plan to create revenue from use of park assets in order to provide funding to continue to maintain the park system in a manner the community desires. II -F: Preparation of Draft Document The Consultant team will prepare a draft document (minus the Executive Summary) for staff review prior to review by the public at the Parks and Recreation Special Meeting to review and comment on the document. The Design Team will then update the document according to staff's review before proceeding to Phase III. II -G: Summit Ridge Park Master Plan Alternatives The project team will prepare three conceptual designs consisting of preliminary site plans and estimates for the project area based upon input and direction from the City (aquatic facility, renovated baseball field with soccer field and tot -lot, or Library). These plans will be prepared at an appropriate scale to fully delineate the design intent. City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan a� A' a 301 A I lk a' a II -H: Play Equipment Replacement Recommendation For Paul C. Grow and Maple Hill Park The project team will prepare recommendation documents and provide manufacturer specifications for the installation of new play equipment. As space permits, the project team suggests creating "age appropriate" areas which separate tots (ages 2 to 5) from older children (ages 5 to 12). The recommendation plans shall indicate an overall site plan to reference the location of the play area(s), an enlarged plan view of the play apparatus, a schematic layout indicating the manufacturer, model numbers, legend of materials and colors, ADA approved accessible surfacing, and general notes and details for play equipment and surfacing. PHASE III — PREPARATION OF DRAFT MASTER PLAN III -A: Prepare Draft Updated Master Plan The design team will prepare a Screen Check Updated Comprehensive Park & Recreation Master Plan document organized and written according to the following Table of Contents: SECTION 1- INTRODUCTION & PURPOSE Scope and Purpose Planning Process Public Involvement Report Organization Master Plan Goals Summary of Existing Documents (General Plan, Open Space MP, Park Ordinances, etc.) SECTION 2 - PLANNING CONTEXT Introduction Regional Context Setting Area Map Service Area Sphere of Influence Demographic Characteristics Population Data Age Characteristics Housing Economics Education Key Findings/Planning Issues SECTION 3 - EXISTING PARKS, FACILITIES AND OPEN SPACE RESOURCES Introduction Park Land Definitions Park Land Inventory City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan I' ')I a' Park Site Analysis Open Space Analysis Regional Facilities School Sites Commercial Facilities Summary of Recreation Facilities Facilities map exhibit Open Space exhibit Parks with service areas exhibit SECTION 4 - EXISTING RECREATION PROGRAMS & SERVICES RESOURCES Introduction Program Inventory Program Analysis Key Findings SECTION 5 - NEEDS ASSESMENT/COM M UNITY INPUT Introduction/Methodology Community Input Scoping Session Stakeholder Interviews Organized Sports Group's Questionnaire On -Site Surveys Program Needs Analysis Parkland Needs Analysis Needs Analysis for Special Activity Facilities Key Findings and Analysis SECTION 6 - PARK LAND DEDICATION AND IMPACT FEES Introduction/Methodology Evaluation of Existing Ordinances Feasibility Study on Park Impact Fees Asset Management Plan Overview of Funding/Financing Parks and Recreation SECTION 7 - POLICY RECOMMENDATIONS & GUIDELINES Parks and Facility Development Guidelines Recreation Program Policies Maintenance Policies and Guidelines Operating Policies and Staffing Standards Open Space Policies and Guidelines SECTION 8 - RECOMMENDATIONS & IMPLEMENTATION STRAGTEGIES Introduction Recommendations for Existing Parks and Facilities Methodology (Basis for estimations) Preliminary Cost Estimates Implementation Strategies for Existing Park Improvements City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan a1 The Design Team will provide the following deliverables, as presented in the Request for Proposals Copies of the draft Master Plan document shall be provided by the Design Team at five stages: ' 1. Five (5) copies for staff to review prior to review by the Parks and Recreation Commission. ' 2. Ten (10) up -dated copies after staff's review for the Parks and Recreation Commission review. ' 3. Ten (10) up -dated copies after the Parks and Recreation Commission review for the Planning Commission review. 4. Thirty (30) up -dated copies after the Planning Commission review for the City Council review. 5. Thirty (30) up -dated copies within 30 days after adoption of the ' Updated Comprehensive Parks Master Plan to the Community Services Department for final distribution. ' City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan Implementation Strategies for New Parks and Facilities Recreation Program Recommendations & Strategies Ten -Year Capital Improvement Program 1 Master Plan for Summit Ridge Park Play Equipment Replacement Recommendation For Paul C. Grow and Maple Hill Park 1, III -B: Parks & Recreation Commission and Public Review The Design Team will present the draft document at a total of two (2) special public meetings hosted by the Parks & Recreation Commission for the purpose of receiving public comments and direction on the Updated It Park & Recreation Master Plan. After the public and commission review of ' the draft of the Updated Park and Recreation Master Plan Document, the design team will respond to comments with any necessary research, o documentation and verification of critical facts to prepare a final document. D' PHASE IV - FORMAL REVIEW UPDATED PARK & RECREATION MASTER PLAN Based on input, comments and approval of the draft submittals, the final updated master plan will be prepared. The Design Team will attend Public Hearings before the Parks and Recreation Commission, Planning Commission and City Council regarding the adoption of the Plan. DELIVERABLES The Design Team will provide the following deliverables, as presented in the Request for Proposals Copies of the draft Master Plan document shall be provided by the Design Team at five stages: ' 1. Five (5) copies for staff to review prior to review by the Parks and Recreation Commission. ' 2. Ten (10) up -dated copies after staff's review for the Parks and Recreation Commission review. ' 3. Ten (10) up -dated copies after the Parks and Recreation Commission review for the Planning Commission review. 4. Thirty (30) up -dated copies after the Planning Commission review for the City Council review. 5. Thirty (30) up -dated copies within 30 days after adoption of the ' Updated Comprehensive Parks Master Plan to the Community Services Department for final distribution. ' City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan 1 ' PHASE I — RESEARCH AND DATA COLLECTION $36,000 (Data Collection, Research, Inventory, Program Analysis, Public Scoping Session, Stakeholder and Participant Interviews, Program, Trails & Facility Analysis PHASE II — EVALUATION AND MASTER PLAN $56,000 (Programs and activities development plan, park & facility standards, costing & funding plan, CIP, park ordinance review, Schematic Site Master Plan for Summit Ridge Park, Play Equipment Replacement for Paul C. Grow Park and Maple Hill Park, and draft document) PHASE III — PREPARATION OF DRAFT MASTER PLAN $12,500 PHASE IV — FORMAL REVIEW 6,500 TOTAL $111,000 REIMBURSABLES ALLOWANCE $10,000 COSTS FOR OPTIONAL PUBLIC INPUT TOOLS: "Option 1-A" — 500 Calls (15 min.) $28,400 Statistically Valid Community Phone Survey "Option 1-B" — 250 Calls (15 min.) $20,800 Statistically Valid Community Phone Survey "Option 2" $15,000 Web Based & Hard Copy Community Survey "Option 3" $ 2,500 Community Workshops/Focus Groups (Each) City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan Principal $160.00 Quality Assurance / Quality Control $150.00 Project Manager $150.00 Project Architect $110.00 Architect $100.00 Architectural CADD / /Graphics $95.00 Research Manager $150.00 Park Planner $140.00 Financial Analyst $150.00 Clerical $60.00 Note: Authorized overtime will be charged at .5 times the above rate Invoices will be due and payable within (30) days, and will be sent monthly based upon the percentage of work completed. Government fees, mileage, delivery cost such as Federal Express charges, and plotting/reproduction services are considered reimbursable expenses and are billed at cost plus 10% City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan City of Diamond Bar Diamond Bar Golf Course, Diamond Bar, California Bob Rose Mr. Scott is serving as project manager and assisting Golf Course Architect, Casey Community Services Director O'Callaghan in providing preliminary land use master planning for the city of 21825 Copley Drive Diamond Bar in creating alternative "Downtown" golf course locations. The project Diamond Bar, CA 91765 is challenging due to the steep hillside terrain and limited area for development. 909-839-7061 The requirements set forth by the county of Los Angeles require that the new 714-671-440a course remain friendly with large open fairways, grades no steeper than 6%, and separate pitching/ putting and driving area for youth; as well as a state of the art clubhouse. DEA will preserve the natural environment and work with the existing City of Kern contours and landscape as much as possible to create a desirable place to play Bob Addison while enjoying the surrounding beauty of Diamond Bar. City of Chino Ruben S. Ayala Park Expansion Project, Chino, California Mike Kolling Mr. Scott is serving as project manager on this 68 -acre expansion of Ruben S. Parks & Capital Projects Mgr Ayala Park in Chino. He is overseeing staff that is providing conceptual and final 13220 Central Ave., 2'd Floor design services for Ruben Ayala Park in Chino. The park will feature four tennis Chino, CA 91710 courts, four basketball half courts, and nine soccer fields. Additionally, a synthetic 909-464-0768 turf field for soccer and football will be provided; boasting covered stadium seating for over 300 spectators. Colorful tile mosaics and water misters are just some of the amenities proposed for incorporation into the 68 -acre park development. A 100' diameter circular play area, with an adjacent brick seat wall, is custom designed, with areas for children ages 2-5, and a separate area for ages 5-12. City of Brea Trails Master Plan, Brea, California Kathie DeRobbio Mr. Scott served as project manager and led landscape architects and trail Redevelopment Project Mgr planners in the development of a citywide trails master plan. The master plan Economic Development Dept. indicated multi -use trails for pedestrians, equestrians, and bicyclists traveling 1 Civic Center Circle "east/west" to destinations such as parks, schools, nearby trails and the Brea Brea, CA 92821 "downtown". A colored plan view and aerial map were developed to indicate the 714-671-440a desired route and potential staging areas. Cross sections, enlarged plan views, and opportunities and constraint maps were developed to assist in obtaining grant funding. City of Kern Kern River Specific Trails Plan, Kern County, California Bob Addison As lead designer/planner on this project, Mr. Scott provided master planning for Director approximately 15 miles of multi -use trail along the Kern River from Bakersfield, Parks and Recreation Dept. east to the mouth of the canyon beyond Rio Bravo. He was the lead facilitator 1110 Golden State Avenue with special interest groups, the community, and governmental agencies to Bakersfield, CA 93301-2496 develop three separate alternatives for the trail alignment including research for 661-868-7007 destination points, access, ingress, egress, rest stops, signage, trail surfacing, fencing, and mixed uses. The project includes research and data collection, site analysis, project coordination and conflict resolution, a needs analysis, trail planning and design and the preparation of an Environmental Impact Report. The final report includes such items as a Mission Statement, background data, coordination with other planning efforts, natural resources and trail facilities, trail development codes, design standards, signage, maintenance, and implementation. City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan City of Moreno Valley Michael McCarty larks 8, Community Services Dir. 14075 Frederick Street Moreno Valley, CA 92552-0805 951-413-3701 Preparation of Parks & Recreation Master Plan, Moreno Valley, California Mr. Hagan is serving as Project Manager to prepare the Parks & Recreation Master Plan for the City of Moreno Valley, California. He is responsible for conducting the public outreach and input tools, analyzing and writing the Facilities and Programs Needs Assessment, determining the goals, objectives, and policies for the Master Plan, putting together the Capital Improvement Program, and developing the implementation strategies. Town of Yucca Valley Preparation of Parks & Recreation Master Plan, Town of Yucca Valley, Jim Schooler California Community Services Director Mr. Hagan worked on the Project Team for the development of the Yucca Valley ' 57090 29 Palms Highway Comprehensive Park & Recreation Master Plan. He was responsible for conducting Yucca Valley, CA 92284 the public outreach process, developing the Needs Assessment, and preparing the 760-369-7211 recommendation and capital improvement program. Mr. Hagan also was responsible for writing the Cultural Component to the Park & Recreation Mastet Plan which included an analysis of options and alternatives for the relocation of the Hi -Desert Museum and San Bernardino County Library in Yucca Valley, as well as, an analysis for the need for a new Performing Arts Center. McFarland Recreation & Park Parks & Recreation Master Plan, McFarland Recreation & Park District District Mr. Hagan served on the Project Team and was responsible for preparing the Gary Farrell Demands & Needs Analysis, Goals & Policies and recommendations for Capital General Manager Improvements for the McFarland Recreation & Park District Master Plan. Mr. 100 South Second Street Hagan was also responsible for reviewing and updating the Park District and City PD Box 337 of McFarland's Park Dedication and In -Lieu Fee Ordinances, Park Impact Fees, and McFarland, CA 93250-0337 Park Maintenance District Fees. He also prepared the draft agreements for the 661-792-3187 Joint Use and Development of future facilities between the McFarland Unified School District and the McFarland Recreation & Park District. City of Stanton Preparation of Parks & Recreation Master Plan, City of Stanton, Jim Box California Director Community Services Mr. Hagan served on the Project Team and was responsible for writing the 7800 Katella Avenue Comprehensive Park & Recreation Master Plan for the City of Stanton. Mr. Hagan Stanton, CA 90680-3162 along with other Project Team members developed an Asset Management Plan to 714-379-9222 make a new proposed park and facilities self funding. Mr. Hagan prepared strategies for partnering with utility companies, school districts, railroads, and a County Flood Control agencies to improve existing parks sites and develop a trail system. City of Perris Preparation of Parks & Recreation Master Plan, City of Perris, California Darren Madkin Mr. Hagan served on the Project Team for the Park & Recreation Master Plan Deputy City Manager/ where he updated the City's Park Ordinances and Fee Schedules as part of the Community Services process. Mr. Hagan also did pro -forma's for a proposed Youth Sport's Complex in 101 N. D Street the Master Plan and prepared the policies, goals, and recommendations for the Perris, CA 92886 Master Plan. 951-943-6100 i, i �� City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan V 3 '1 let,R]• � Z O W Up Z C7 Z O C7 f Z LU W LU W W 0 A Senior Center Entry Canopy n let,R]• • • Calvary Church Santa Ana Specific Development Application • , Chino Senior Center Entry Canopy • , City of Diamond Bar - Phase IV Sycamore Canyon Park • , City of Diamond Bar — Sycamore Canyon Restrooms • , Friendship Off -Site Improvements • , ity of Pasadena — Singer Park Restrooms Zity of Pasadena — Villa Park Restrooms South Shores Church — Construction phase I Lobby Remodel 2008 : i • , Nescorp City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan City of Diamond Bar Up -date of the City Wide Comprehensive Parks Master Plan Project Schedule DBI VISION STATEMENT: — Creatively serving our clients' needs for an excellent comprehensively designed environment. DESIGN -BUILD rvnusTav MISSION STATEMENT: Since 1976 To provide and coordinate the services of land planning, architecture, construction, interiors and furnishings to satisfy program, budget and ' schedule. VALUES: ' ' Client Satisfaction Encouraging creativity and innovation Committed to effective team effort _ Valuing individuals and relationships Managing for quality results ' Matlock Associates Honoring God in all we do Is A Member Of The U.S. Green Building Council Since 2008 MATLOCK ASSOCIATES ' A service oriented design and build firm that has nearly 30 years of business experience. Matlock Associates is licensed as an Architect and as a General Contractor. We have combined our professional design training with our ' construction experience to provide our clients with budget conscious design and aesthetic conscious construction. Our service orientation has led us to be involved from development feasibility concepts through interior design and furnishings ' selection. Many of our clients have utilized Matlock Associates to evaluate project sites, landscaping, and to provide design and construction; even to the finishing touches of artwork. ' The range of projects for which Matlock Associates has provided services for include: • Credit Unions, Banks and Financial Institutions • Office Buildings • Corporate and Commercial Tenant Improvements • Churches and Faith Based Facilities • Education Facilities • Parks and Recreational Facilities • Specialized Retail Stores • Commercial/Shopping Plaza Development • Senior Citizens Housing and Assisted Living • Industrial Facilities Utilizes its design staff of and construction professionals to manage large or small- scale projects and provide personal attention and service. We provide organizations with a full service solution to their facility and office needs. The building process can be complicated, but by offering four distinct services under one roof, we provide the client a strategy to simplify coordination, save costs, and allow more control over all aspects of their project. City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan 4 1 r, ARCHITECTURE Site Evaluation Master Planning Budget Development Architectural Design Computer Generated Modeling Complete Building and Tenant Improvements Construction Drawings and Specifications Government Agency Plan Processing Field Administration (during construction) LAND PLANNING Site Consultation Site Inventory and Analysis Site Planning / Land Planning Resource Analysis Conceptual Design Entry Monument Design Landscape Master Plans Design Development Design Construction Documents Construction Planning Construction Administration Site Inspection Services INSURANCE COVERAGE: CONSTRUCTION Architecture/Construction Coordination Licensed General Contracting Construction Management Site Feasibility Studies Estimating Comparative Cost Studies Value Engineering Comparative Bidding Construction Schedule Development Construction Supervision Project Management INTERIOR DESIGN Space Planning Color Scheme Development Fabric and Finish Selections Computer Generated Model of Color Options Artwork and Plantscaping FURNISHINGS (Manufacturer's Dealer) Evaluation of Work Area Requirements Furniture Layouts and Ergonomics Evaluation & Inventory of Existing Furnishings Refurbishment of Existing Furnishings Specifications and Purchasing of New Furniture Delivery and Installation Comprehensive General Liability, Peer/esslnsurance Company $2,000,000 ($T, 000, 000 each occurrence, $2,000, 000 general aggregate) Non-Owned/Hired Automobile Liability, PeerlesslnsuranceCompany $1,000,000 Workmen's Comprehensive Insurance/ Employer's Liability, State Compensation Insurance fund $1,000,000 Professional Liability Insurance, Houston Casualty Company, $1,000,000 Agent and Phone Number Orion Risk Management Insurance Services, Inc. Morton Lord — (626) 428-4388 Kimberly Ann, Account Manager — (951) 281-5337 City of Diamond Bar — Update of the City Wide Comprehensive Parks Master Plan CITY COUNCIL Agenda # 6 .5 ( k ) Meeting Date: 6/17/08 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: AUTHORIZATION TO EXCEED THE CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LIMITED, IN AN AMOUNT NOT -TO -EXCEED $70,000 FOR THE 2008/09 FISCAL YEAR. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for these services are included in the General Fund and Proposition A (Transportation) Fund of the 2008/09 fiscal year budget. General Fund costs are recovered by the City through fees collected from program participants. BACKGROUND/DISCUSSION: Inland Empire Stages Limited provides excursion services for seniors and adults throughout the year. This includes the coordination of transportation on a luxury bus, entrance tickets and lunch or dinner for participants. Although each bus excursion conducted by the City of Diamond Bar is bid separately to several companies, Inland Empire Stages Limited has consistently been the low bidder on most trips for the past eight years. Staff expects this bidding pattern to continue in the 2008/09 Fiscal Year. City staff and trip participants report that even with the low prices, Inland Empire Stages Limited continues to be extremely professional, and is very responsive in fulfilling the needs of the City and its participants. Per the City's Purchasing Ordinance, an award for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $25,000 without prior approval from the City Council. Staff anticipates expenditures of $50,000 for senior excursions and $20,000 for adult excursions for the 2008/09 fiscal year, for a total estimated expenditure of $70,000. PREPARED BY: Christy Murphey, Recreation Supervisor II REVI E-7 BY: Bob Community Services Director �n-Itnv,, ,4 --k CITY COUNCIL Agenda # 6.5(i) Meeting Date: 6/17/08 AGENDA REPORT TO: Honorable Mayor and Members f the City Council r FROM: James DeStefano, City Manae TITLE: ACCEPTANCE OF WORK PERFO MED BY FS CONSTRUCTION FOR THE CONSTRUCTION OF BATTING CAGES AT PETERSON AND PANTERA PARKS; DIRECTION TO THE CITY CLERK TO FILE THE PROPER NOTICE OF COMPLETION AND TO RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. RECOMMENDATION: Accept the work performed by FS Construction; direct the City Clerk to file the Notice of Completion; and authorize the release of the retention. FINANCIAL IMPACT: There is $198,810 appropriated for this project. Total cost to complete the project is $181,024.81. Following is the breakdown of project costs: Project Costs: Construction Contractor $ 150,710.50 Design & Construction Management / Observation $ 19,650.00 Plans & Specs Photocopies and Bid Release Ads $ 1,224.34 Inspection & Plan Check $ 9,440.00 TOTAL $ 181,024.81 Funds appropriated for this project: $ 198,810.00 BACKGROUND: The City Council awarded a contract to FS Construction on February 5, 2008 to construct Batting Cages at Peterson and Pantera Parks. The work was substantially completed on June 11, 2008 and is now ready to be accepted. DISCUSSION: The purpose of this project is to construct a set of two batting cages at Peterson Park and a set of two batting cages at Pantera Park for public and sports organization use. Users of the batting cages will need to provide their own pitching machines, or they can use live pitching. Electrical outlets have been installed at each batting cage for the operation of the pitching machines. The batting cages at Peterson Park are located west of the large storage containers on the first base side of the ball field nearer Golden Springs Road. The batting cages at Pantera Park are located along the third base side of the ball field nearer Bowcreek Drive. The addition of these batting cages will result in a more efficient use of the park space at Peterson and Pantera Parks. The primary users will be Girls Softball and Little League Baseball. Currently, when teams from these programs practice, they have limited time for batting practice due to their need to share practice field space with soccer teams that are using the outfield grass for their practices. The batting cages will provide a small amount of park space dedicated to batting practice. The batting cages will be open for public use, when not reserved for use by Diamond Bar based non- profit youth sports organizations. The City Council has already adopted rules for the fair and safe use of the batting cages. PREPARED AND REVIEWED BY: B e Director of Community Services Attachments: Notice of Completion REVIEWED BY: i ➢ .,a�� Linda Magnu o Director of Finance RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR CA 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 Citv of Diamond Bar 3. The full address of the owner is _ 21825 Copley Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; "Lessee" (If other than fee, strike "In fee" and insert, for example, "purchaser under contract of purchase;' or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on June 11, 2008 The work done was: Construction of Batting Cages at Peterson and Pantera Parks 7. The name of the contractor, if any, for such work of improvement was FS Construction (If no 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 Peterson Park 24142E Sylvan Glen Drive' Pantera Park, 738 Pantera Drive 9. The street address of said property is 24142E Sylvan Glen Drive and 738 Pantera Drive Diamond Bar, CA 91765 (If no street address has been officially assigned, insert "none") CITY OF DIAMOND BAR Dated: June 12, 2008 Verification For Individual owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the City Manager the declarant of the foregoing ("resident 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 under penalty of perjury that the foregoing is true and correct. Executed on June 12 120 08 , at Diamond Bar California.(Date of signature) (City where signed) (Personal signature of the individual who is swearing that the contents of the notice of completion are true) CITY COUNCIL Agenda # 6.6 (a) Meeting Date: June 17, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: APPROVE CONTRACT AMEND ENT WITH REPUBLIC ELECTRIC FOR TRAFFIC SIGNAL MAINTENANCE SERVICES FOR TWO FISCAL YEARS (FY 2008-2009 AND FY 2009-2010) RECOMMENDATION: Approve. FINANCIAL IMPACT: The Fiscal Year 2008-2009 Budget includes an appropriation of $200,000 for both routine and extraordinary traffic signal maintenance services throughout the City. Routine monthly maintenance services will be provided on 60 intersections (including shared traffic signals with Caltrans, LA County, and City of Pomona) and 6 underpass lights. The current routine monthly maintenance costs will increase from $52 to $60 per intersection while the $45 rate for the underpass light maintenance will remain unchanged. All other service costs will be based upon labor and materials on an as needed basis at the rates prescribed the in the attachment. DISCUSSION: Republic Electric (formerly Signal Maintenance Inc.) has been providing traffic signal maintenance services to the City of Diamond Bar for the past 8 years. The original contract with Republic was for a five (5) year term which began in 2000 and was subsequently extended in June 2006 for an additional two (2) years. This contract amendment will allow for an additional two (2) year extension through Fiscal Year 2009- 2010 and incorporate minor contract changes as described below. Republic Electric has been meeting our needs through the use of experienced and qualified personnel. If traffic signals malfunction during the peak morning or evening commute times, Republic has been able to respond within very short time frames to restore traffic signals to their normal operating modes. Republic also has personnel on staff that can create design plans and specifications for traffic signals to address signal impairments that may require this level of detail within a short time frame. Republic has agreed to the addition of contract language that allows for contractor performance to be assessed on an annual basis; the language permits City staff to conduct annual audits and corresponding deductions to contractor invoices if routine maintenance activities are not properly addressed. During the past 8 years, Republic's performance has been satisfactory and in accordance with the City's specifications. Staff has researched monthly maintenance fees for cities that have a similar size and scope of service and the proposed rates are fair and reasonable. PREPARED BY: Rick Yee, Senior Engineer Date Prepared: June 11, 2008 REVIEWED BY: Dav' , Director of Public Works Attachment: Contract Amendment No. 3 AMENDMENT NO. 3 TO THE TRAFFIC SIGNAL MAINTENANCE AGREEMENT This Amendment No. 3 to the Agreement is made and entered into this 17th day of June, 2008, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and REPUBLIC ELECTRIC (hereinafter referred to as "CONTRACTOR"). A. RECITALS: (i) The CITY has heretofore entered into an Agreement with CONTRACTOR to provide Traffic Signal Maintenance Services, which the Agreement was dated June 6, 2000. (ii) The CONTRACTOR submitted a proposal dated February 2000 to provide traffic signal maintenance services. (iii) The CONTRACTOR submitted a proposal dated May 8, 2008, for extension of the contract, a full, true and correct copy of which is attached hereto as Attachment "A" to provide traffic signal maintenance services. NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR: Section 1: Section 1 Scope of Services of the Agreement is hereby amended to read as follows: Scope of Services. The nature and scope of the specific services to be performed by CONTRACTOR are as described in Attachment "A", dated May 8, 2008, Traffic Signal Maintenance Services. CONTRACTOR shall submit its work to the City for its review after completing each phase of the project as described in Attachment "A", or when otherwise requested by the City. CONTRACTOR shall at its own cost make any revisions of its own work as required by the City and re -do, at its own cost, any work which the City finds unsatisfactory due to CONTRACTOR'S or Subcontractor's errors or omissions. CONTRACTOR represents and warrants that it has the qualifications, experience, and facilities to properly perform said services in a thorough, competent, and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. CONTRACTOR shall begin its services under this Agreement on July 1, 2008." Section 2: Section 5 Compensation and Method of Payment of the Agreement is hereby amended to read as follows: Compensation and Method of Payment. "City agrees to compensate CONTRACTOR for each service which CONTRACTOR performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B" of Attachment "A". Payment will be made only after submission of proper invoices in the form specified by City." 5.1 Contract Performance. 'The CITY shall prepare and implement an ANNUAL AUDIT PROGRAM to be used to ensure performance of contract requirements. This program may be modified at the discretion of the CITY. The CONTRACTOR agrees to be so evaluated by said program and bound by the ratings and/or deductions from payments.. To avoid deductions from payment, CONTRACTOR must have either corrected or identified and reported all deficiencies based on the monthly routine maintenance checklist set forth in Exhibit "B" of Attachment "A". If, in the judgment of the CITY, CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CITY, may deduct 10% of the monthly maintenance cost for each corresponding deficiency found at each traffic signal that is not corrected or identified in the course of ordinary monthly maintenance (as prescribed in Attachment A). Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CITY in a written notice describing the reasons for said action. The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. Section 3: Section 9 Termination of Agreement is hereby amended to read as follows: Termination of Agreement. This Agreement will terminate on June 30, 2010 unless otherwise extended in advance and in writing by the City Manager. This Agreement may be terminated with or without cause by the City upon 30 days written notice. This Agreement may be terminated with or without cause by the CONTRACTOR upon 90 days written notice to the City. In the event of such termination, CONTRACTOR shall be compensated for non -disputed fees under the terms of this Agreement up to the date of termination. Section 4: Each party to this Amendment No. 3 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 3 shall be valid and binding. Any modification of this Amendment No. 3 shall be effective only if it is in writing signed by the parties. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement No. 3 as of the day and year first set forth above: APPROVED AS TO FORM: CONTRACTOR: REPUBLIC ELECTRIC Em City Attorney Jim Wagner ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk CITY OF DIAMOND BAR Jack Tanaka, Mayor Date dq4 O Republic ITS Intelligent Transportation Services May 8, 2008 David Liu City of Diamond Bar 21825 E. Copley DR. Diamond Bar, CA 91765 RE: TRAFFIC SIGNAL MAINTENANCE CONTRACT RENEWAL Dear Mr. Liu: Attachment "A" Republic ITS hereby requests a renewal to the existing Traffic Signal Maintenance Contract dated July 1s1, 2005. We have enclosed a revised pricing list for the coming year which reflects the increased costs of Traffic Signal Maintenance, labor and equipment. As always, we feel we have completed a mutually beneficial year with the City, and we look forward to another year of working together. Sincerely, Republic ITS 25el"-- Steven Teal Senior Project Manager (714)630-2100 (714)630-2828 fax 1266 Nonz,rir LALOMA C7RC1,J? • ANnirr:iht, CA 92806 lit�srON • DALLAS • LOS ;1Nci•.r.kS • SACIZAN11;1NIO • SAN llif;co • SAN FRANCISCO EXHIBIT "A" SCOPE OF SERVICES CONTRACT PERIOD The Contract shall commence July 1, 2008 and shall expire June 30, 2010. 2. GENERAL The Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services, and material and perform all work necessary to maintain in a good and workmanlike manner traffic signal facilities at the locations listed in Exhibit "C". This maintenance shall be extended to include future signal installations at the unit contract price and the Contractor may be required to assist in the final inspection of new installations to be paid at the rate listed in Exhibit `B" Contract Unit Price schedule. All work performed or equipment or parts supplied by the Contractor shall be subject to the inspection and approval of the City, the City Engineer, or his/her authorized representative. QUALIFICATIONS The Contractor shall have available and readily accessible, all required tools, equipment apparatus, facilities, skilled labor services, and materials to perform all work necessary to maintain the traffic signal facilities in a good workmanlike manner. All signal work shall be performed in accordance with the current Standard Plans and Section 86 of the Standard Specifications for the State of California, Department of Transportation and any applicable City Standards. The Contractor shall assign at least one (1) part-time signal maintenance technician to maintain the City's signals, flashers, and appurtenant equipment. As a minimum, one of these technicians shall have certifications of Level II Traffic Signal Technician from the International Municipal Signal Association (IMSA). The City reserves the right at all times to concur with the Contractor's assignment of personnel to the City. If appropriate, the Contractor shall replace any personnel assigned to the City whose performance is considered unacceptable by the City. The Contractor shall have on hand at all times at least one (1) spare Type 170 system compatible controller. The Contractor shall maintain a single local telephone number where he can be reached twenty-four (24) hours per day. This telephone number shall be made available to all persons designated by the City. The Contractor shall have available adequate skilled personnel and proper lab -testing facilities to perform inspection of new controller mechanisms including controller units, auxiliary equipment, and traffic appurtenances. 4. EQUIPMENT REQUIRED The Contractor shall be equipped with spare parts sufficient to return a defective signal to operation following an ordinary trouble call. In those cases where a complex controller or component has to be repaired, the Contractor shall install a substitute controller or component of his/her own while he/she is repairing the defective controller or component. Such substitute equipment shall be system compatible. Equipment shall be repaired by a certified repair facility approved by the City. RECORDS The Contractor shall maintain a record of all service calls and work performed upon the signal equipment, listing dates, hour of day, and description of service work performed. A copy of such record shall be maintained at all times within the controller cabinet at each signal location. A log sheet giving a brief description of all routine and extraordinary maintenance activities shall be attached to each monthly invoice. A monthly report of activities for each intersection's events, sorted by time, is to be included in the reports requested by the City. This is to be accompanied by a report of all activities sorted by time as well. An inventory of all City traffic control equipment shall be completed and submitted to the City within thirty (30) days of the Notice to Proceed. 6. NOTIFICATION The Contractor shall notify by telephone, the City Engineer or his/her authorized representative within twenty four (24) hours of the alteration of the operation of any signal or the installation or removal of any substitute controller or component. 7. SHUTDOWNS The Contractor shall notify the Los Angeles County Sheriff's Department and the City Engineer or his/her authorized representative of any signal turn-offs or turn -ons necessitated by his operations and shall not make said turn-offs until a police officer is present or unless given permission to proceed without police control by the City Engineer or his/her authorized representative, except under emergency conditions. 8. COMPENSATION FOR ROUTINE MAINTENANCE The City will compensate the Contractor at the lump sum agreed price per signalized intersection or per flashing beacon per month. Said compensation shall include all services rendered, labor, materials, equipment, overhead, and profit. 9. ADDITIONS TO SYSTEM The Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed, or become a part of the maintenance requirements of the City. In the event that notification is made of a new installation at other than the beginning of a monthly period, the unit cost of routine maintenance will be prorated from the day the Contractor is notified. 10. TYPES OF SIGNALS The agreed upon prices for both routine and extraordinary maintenance shall apply to all types of signal controllers, accessories, and systems as may exist in the City now or that may be installed during the life of the contract. 11. ROUTINE MAINTENANCE The agreement price for routine maintenance shall include the following services and any other service not specified under Extraordinary Maintenance. a. Monthly Inspection — The Contractor shall make a routine inspection of traffic signals and flasher equipment at all locations once per month. The monthly service shall include but not be limited to the following tasks: • Visually inspect controller and cabinet for proper operation and current date and time. If in coordination, check modem or communications devices. Check that timing is consistent with timing sheet. • Visually inspect all vehicular and pedestrian indications for proper operation and replace outages found. Material and/or labor and equipment for all LED outages still covered under manufacturer or Republic warranty is included, when applicable; otherwise, labor, material and equipment costs will be reimbursed by the agency. • Visually inspect and realign signals as required. Check for bent visors and back -plates • Check detector amplifiers and tune if necessary. • Check load switches. • Check relays. • Check operation of the fan. • Vacuum and clean controller cabinet and contents. • Check and actuate each pedestrian push button for proper operation. • Visually inspect roadway along loop detectors for possible exposed wires, cracks and potholes. • Night check of safety lights and IISNS monthly. Report findings. • Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with recommendations to the agency by intersection. Contractor agrees that he/she will maintain a record in each controller cabinet showing the date and time checked. Controller assemblies shall not be replaced, except for repair, without prior approval of the City. b. Repair and Replacement — The Contractor shall repair or replace any and all defective parts of the signal system which cause the signal failure or malfunction, as the occasion arises, including but not limited to signal controller, push buttons, relays, timing clocks, master controllers, coordination units, interconnect, flashers, all kinds of burnout, detector systems, sensing units, safety lights, illuminated street name sign lights, and wiring system, etc., unless the failure or malfunction falls in the category of extraordinary maintenance as defined in these specifications Loop Detector Replacement — The Contractor shall clean and fill deteriorated loop detector sawcuts with sealant as necessary. Once it is determined, by the City, that the sawcut has deteriorated to a point that applying more sealant is insufficient, the detector shall be replaced at the price stated in the contract. d. Lamps and Lighting — A schedule for re-lamping shall be submitted to the City for approval within the first month of each contract year except ISNS lamps. ISNS lamps shall be F72T2 Cool White Fluorescent lamps meeting the requirements of ANSI STD.C78. At the time of re-lamping, the Contractor shall clean and polish all lenses and reflectors, align signal heads and adjust all mast arm mounted street name signs, including illuminated street name signs and safety lights. The Contractor shall replace burned out lamps as they occur. C. Pedestrian Signals — The Contractor shall replace pedestrian signal lamps as they become dim or inoperative. Contractor shall also replace ballasts and transformers for these units as required. These shall be routinely inspected, and if replacement is necessary, it shall be paid for at the unit price specified in the contract. Air Filters — The Contractor shall replace the air filter elements, in all cabinets so equipped, every six (6) months in accordance with the schedule contained in these specifications. All filter elements in all cabinets shall initially be replaced within two (2) months after the beginning of this contract. Replacement shall be a vinyl -poly air filter. No paper or metal filters are to be used. g. Emergency Service — The Contractor shall maintain a twenty-four (24) hour per day emergency service for the replacement of burned -out signal and safety lamps, adjustment of turned heads, repair of controller malfunctions or any damage creating a public hazard. The Contractor shall repair parts, replace parts and lamps, and otherwise keep the traffic signal in good working condition. Contractor shall maintain a local telephone where he can be reached twenty-four (24) hours per day. This telephone number is to be made available to all persons designated by the City. The Contractor shall make immediate service calls on an emergency basis, responding within one (1) hour in the event of malfunctions of the controller or signal system or turned head. The replacement of burned -out signal lamps, internally illuminated street name sign lamps, or safety lights need not be on an emergency basis provided that there are at least two (2) indications still operative for each direction of travel. Such replacement shall be handled as soon as possible in a routine manner. h. Regular Night Time Inspection — Intersections where said traffic signal are located shall be regularly inspected by the Contractor or his/her representatives at least once per month at night. Contractor shall submit a list of maintenance and/or repair deficiencies to the City for approval prior to making repairs. 12. EXTRAORDINARY MAINTENANCE a. Definitions — Extraordinary maintenance shall consist of the following: (1) Failure or malfunction of the signal system if caused by vehicle collision, vandalism, civil disorder, windstorm, natural disaster, street construction, or excavation. (2) Maintenance of safety lighting at signalized intersections when directed by the City, excluding bulb replacement. (3) Repair of internally illuminated street name signs at signalized intersections, excluding bulb replacement. (4) Minor upgrading or installations as directed by the City. (5) Replacement of circular loop detectors including sawcut lead-ins as requested. (6) Installation of new pedestrian heads, indications, solid state transformers, and mountings. (7) Repainting signal heads, backplates, visors, frameworks, pedestrian push button housings, electric meter service cabinets, and controller cabinets as directed by the City. Repainting shall be conducted by spray painting methods. Controller cabinets shall be painted with enamel conforming to colors as directed by the City. (8) Installation of new traffic signal heads, lenses, backplates, and frameworks. (9) Maintenance of City owned street lights as directed by the City. b. Notification — The Contractor shall contact the City Engineer or his/her representative regarding any extraordinary maintenance work and seek his prior approval before the work is scheduled. The Contractor shall notify the City Engineer by telephone at least four (4) hours in advance before any work is commenced, except in emergencies where injury or property damage may result without prompt response. C. Emergencies — The Contractor shall respond immediately to emergency calls such as a total blackout, when direct by the City, and dispatch the qualified personnel and equipment to reach the site within one (1) hour under normal circumstances. For the emergency repair of a signal that is totally blacked out, the following procedure of traffic control shall apply: (1) The Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour under normal conditions. (2) If no Sheriff personnel are present and temporary stop signs have been set up when the Contractor arrives at the site, the Contractor shall set up more traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in operation, the Contractor shall remove all of the temporary traffic devices and return those devices owned by the City. (3) If Sheriff personnel are still at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation, and discuss it with the officer. If the repair will take only a few minutes, the officer may stay to continue to direct traffic while the Contractor repairs the signal. If the repair will take longer than the officer can wait, the Contractor shall immediately set up temporary stop signs and all other necessary warning devices and relieve the officer. The Contractor shall notify the City's Public Works Street Maintenance Superintendent at any time traffic control measures are put into effect. d. Method of Payment — Upon receipt of an itemized invoice within thirty (30) days of completion of the work, City shall compensate Contractor for such repairs required beyond the scope of routine maintenance as follows: (1) Materials — The City shall pay the Contractor for materials used in extraordinary maintenance at the Contractor's cost from the supplier plus the percentage markup specified in this agreement. All materials and parts shall be new or have the approval of the City Engineer, if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance. (2) Direct Labor — The Contractor shall present with his monthly invoice a record of hours spent in extraordinary maintenance of traffic signals and appurtenances per intersection. The City shall pay the Contractor for such hours of extraordinary maintenance at the rates specified in this agreement. Said hourly rates shall be the total cost to the City. Rates shall include all compensation for wages, profit, overhead, and fringe benefits such as employer payments to, or on behalf of, workmen for health and welfare, insurance worker's compensation, pension, vacation, sick leave, or any local, state, federal or union tax or assessment. (3) Equipment — The City shall pay the Contractor for equipment used in extraordinary maintenance on a per hour basis as specified in this agreement. The listing of per hour equipment rates shall constitute total rates to be paid by the City when specified equipment is used. No additional payments of any kind shall be paid for equipment except as specified in this agreement of per hour rates as stated. No additional compensation shall be paid for transporting the equipment to or from the job site. 13. TRAFFIC CONTROL The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times. The Contractor shall obtain a no -fee encroachment permit from the City prior to any lane closures or construction activity within the City rights-of-way. All warning lights, signs, flares, barricades, delineators, detours, and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by the Contractor. All traffic control shall conform to, and be placed in accordance with, the current Work Area Traffic Control (WATCH) Handbook. A flashing arrow board shall be furnished and maintained as directed by the City. During working hours, a minimum of one (1) 12 -foot wide travel lane in each direction all existing left -turn pockets whenever feasible, shall be maintained. No lane closures will be permitted between the hours of 7:00 a.m. and 9:00 a.m. or 3:00 p.m. and 6:00 p.m., unless an emergency situation exists and such a closure is necessary to safeguard the traveling public. Separation between travel lanes, channelization, and delineation of the maintenance area shall be accomplished by the use of delineators and/or cones placed at a maximum of fifteen (15) feet on center. Each vehicle used to place and remove components of a traffic control system on multi- lane highways shall be equipped with a flashing arrow board that shall be in operation when the vehicle is being used for placing, maintaining or removing said components. The flashing arrow board shall be in place before lane closure(s) requiring its use is implemented. When maintenance is complete, all traffic control signs, barricades, delineators, etc., shall be removed from site. 14. NEW SIGNAL CONSTRUCTION The Contractor shall inspect the construction of new traffic signals as directed by the City. The findings are to be presented to the representative designated by the City for their evaluation. Payment for these services shall be made as extraordinary maintenance. EXHIBIT `B" SCHEDULE OF SERVICES Routine Maintenance Each signalized intersection per month $ 60.00 Soffit light locations Price per Bride $ 45.00 Each pole mounted flashing beacon, per month $ 35.00 Fvf�nnrilinnru Mnin/aHn�s�a Camera Cleaning Per each camera) $ 50.00 Conflict Monitor Testing (per each intersection $ 60.00 Battery Back Up Testing (per each location $ 35.00 6X6 Loo $ 350.00 F&I Pedestrian Head with LED $ 750.00 Paint 12" 3 Section Vehicle Signal Head $ 100.00 Painting Pedestrian Signal Head $ 75.00 Painting PPB $ 35.00 Painting of TS Cabinet and Type III Meter Service $ 800.00 Cabinet Testing $ 950.00 Install City furnished LED $ 35.00 Install 3 section signal head w/ glass lenses $ 704.00 l.ahar Regular Overtime Traffic Signal Supervisor $ 70.00 $ 98.00 Traffic Signal Technician I $ 68.76 $ 95.00 Traffic Signal Technician 1I $ 68.76 $ 95.00 Traffic Signal Laborer $ 65.00 $ 89.00 Traffic Signal Apprentice $ 65.00 $ 89.00 Lab/Engineering Technician $ 80.00 $ 80.00 F.auinment Truck $ 15.00 -Pickup Service Truck $ 15.00 Water Truck $ 18.00 Concrete Saw Truck $ 18.00 Air Compressor with Tools $ 20.00 Crane $ 65.00 Bucket Truck $ 25.00 BOSTON DALLAS LOS ANGELES SACRAMENTO SAN DIEGO SAN FRANCISCO MONTHLY ROUTINE MAINTENANCE • Visually inspect controller and cabinet for proper operation and current date and time. If in coordination, check modem or communications devices. Check that tinning is consistent with timing sheet. • Visually inspect all vehicular and pedestrian indications for proper operation and replace outages found. Material and/or labor and equipment for all LED outages still covered under manufacturer or Republic warranty is included, when applicable; otherwise, labor, material and equipment costs will be reimbursed by the agency. • Visually inspect and realign signals as required. Check for bent visors and back -plates • Check detector amplifiers and tune if necessary. • Check load switches. • Check relays. • Check operation of the fan. • Vacuum and clean controller cabinet and contents. • Check and actuate each pedestrian push button for proper operation. • Visually inspect roadway along loop detectors for possible exposed wires, cracks and potholes. • Night check of safety lights and IISNS monthly. Report findings. • Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with recommendations to the agency by intersection. 6 - MONTH ROUTINE MAINTENANCE Rn conjunction with monthly Maintenance) • Replace controller cabinet filter. • Check ground rod clamp and wire. • Check operation of ground fault receptacle. • Measure voltage at service inputs in cabinet and record. YFARLY ROUTINE MAINTENANCE (In conjunction with monthly and 6 -month maintenance) • Check weatherproof gasket seal on controller cabinets. • Check for water accumulation and duct sealant. • Lubricate hinges and lock on controller cabinets. • Check indicator lamps. • Check all connectors. BOS'I'ON • DALLAS • LOS ANGI?LP,S • SACRAMENTO • SAN DIEGO • SAN FRANCISCO EXHIBIT "C" City of Diamond Bar Intersection List 1 1600 Brid a Gate & 1600 Bridge Gate 2 Grand and Lavendar 800 S. Grand 3 Ballena Dr & Golden Springs 41 Brea Canyon & Diamond Bar 5 Brea Canyon & Diamond Crest 6 Brea Canyon & Glenbrook 7 Brea Canyon & Golden Springs 8 Brea Canyon & Lycoming St 9 Brea Canyon & Pathfinder Fernhollow E/S of 57Fwy 10 Brea Canyon & Pomona Fwy W/B 11 Brea Canyon & Silver Bullet 12 Chino Hills Pkwy & Chino 13 Cold Spring Lane & Diamond Bar 14 Copley Dr & Golden Springs 15 Diamond Bar & Clear Creek Canyon 16 Diamond Bar & Fountain Springs 17 Diamond Bar & Gentle Springs / Palomino Dr 18 Diamond Bar & Gold Rush 19 Diamond Bar & Highland Valle 20 Diamond Bar & Kiowa Crest 21 Diamond Bar & Maple Hill 22 Diamond Bar & Mission / Temple 23 Diamond Bar & Montefino 24 Diamond Bar & Mountain Laurel 25 Diamond Bar & N/B 57 On Ram 26 Diamond Bar & Pathfinder 27 Diamond Bar & Quail Summit 28 Diamond Bar & Shadow Canyon 29 Diamond Bar & Silver Hawk 30 Diamond Bar & Sugar Pine 31 Diamond Bar & Sunset Crossing 32 Diamond Bar & Tin/Crestview Dr 33 Diamond Bar Blvd & Golden Springs 34 Diamond Bar Blvd & Grand Ave 35 Diamond Bar N/O Golden Springs K -Mart 36 Ever reen S rin s& Pathfinder 37 Gateway Center & Valley Vista 38 Gateway Ctr & Golden Springs 39 Golden Springs & Adel Ave 40 Golden Springs & Calbourne 41 Golden Springs & Carpio Dr 42 Golden S rin s & Golden Prados 43 Golden Springs & High Knob Rd 44 Golden Springs & Lavendar 45 Golden Springs & Lemon Ave 46 Golden Springs & Pomona Fwy E/B 47 Golden Springs & Prospectors 48 Golden Springs & Ra idview Dr 49 Golden Springs & Sunset Crossing 50 Golden Springs & Sylvan Glen 51 Golden Springs Dr & Grand Ave 52 Grand Ave & Longview Dr 53 Grand Ave & Montefino Ave 54 Grand Ave & Rolling Knoll Dr 55 Grand Ave & Shotgun Lane/The Country Estates Dwy 56 Grand Ave & Summitrid a Dr 57 Lemon Ave & Lycoming St 58 Pathfinder & Brahma Blvd 59 Pathfinder & Peaceful Hills 60 Pathfinder Brea Cyn W/O 57 Fwy Underpass Brid a Li ht Maintenance 1 Cold Sp ring Lane between Brea Canyon & Fallow Field under SR -57 Fwy 2 Diamond Bar Blvd between Brea Canyon & Fallow Field under SR -57 FWY 3 Brea Canyon Road between Golden Springs and L comin under SR -60 Fwy 4 Diamond Bar Blvd between Palomino and Sunset Crossing) under SR -60 Fwy 5 Sunset Crossing Road between Diamond Bar Blvd and Old Trail under SR -57 F 6 Golden S rin s Drive between Carpio and Sylvan Glen under SR -60 F Perform monthly night survey and inspection of bridge soffit lights and issue a written report of outages. All repairs are done on a time and materials basis. CITY COUNCIL Agenda # 6 . 6 (b) Meeting Date: June 17, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City ManaK--v TITLE: APPROVE REVISED WASTE MANAGEMENT'S RATES RECOMMENDATION: Approve. FINANCIAL IMPACT: MONTHLY SERVICE There is no financial impact to the City; the revised rate adjustments will be paid for by Waste Management's customers (i.e. barrel users). The requested revised rate adjustments have been reviewed and found to be accurate, as well as within industry and area standards. DISCUSSION: On June 3, 2008, the City Council approved Waste Management's rate adjustments for 2008-2009. After the Council Meeting, a calculation error was found, and hence the June 3, 2008 approved monthly service rates are now revised to reflect the corrected changes/rates. The revised rates represent lower rates for 35 -gallon and the 64 -gallon carts, and a slightly higher rate for the 96 gallon carts. These changes are reflected on the following tables and both the current and revised rates incorporate the approved AB 939 fees. "Service Component 35 Gallon 64 Gallon 96 Gallon June 3 June 3'd June 3 FY Approved FY Approved FY Approved 07-08 Rate (for Recommended 07-08 Rate (for Recommended 07-08 Rate (for Recommended Rate 08-09) Revision Rate 08-09) Revision Rate 08.09) Revision Refuse, Recycling & Green Waste $15.52 $17.30 $17.01 $19.23 $21.01 $20.97 $23.15 $24.93 $25.16 Additional Refuse Cart Surcharge $4.97 $6.25 $5.30 $7.45 $8.73 $7.95 $9.95 $11.23 $10.62 Senior Rate $13.31 $15.09 $14.65 $16.54 $18.32 $18.10 $19.79 $21.57 $21.57 Note: The above listed rates include the adopted City AB 939 fees of $1.25 per household per month *Based on approximately 15,400 combined Single -Family Units and Multi -Family Units Page 2 of 3 As shown in the table below, the revised residential monthly service rates have been compared to other local communities and our rates are in the median range of the selected sample of like -cities: Proposed Residential Monthly Rate for a 64 Gallon Capacity Container 2008- 2009 CITY TOTAL RATE La Verne $18.86 Walnut $19.37 Diamond Bar *$20.97 San Dimas $22.33 Claremont $23.24 Note: The above listed rates include each City's respective fees (i.e. AB 939, Franchise, etc.) Note that the rate adjustment methodology was approved at the June 3, 2008 Council Meeting and remains unchanged. Waste Management proposes to implement the new rates beginning July 1, 2008. Based on Waste Management's billing cycles, the adjustments for the month of July will be included in the residential Fall quarterly billing (i.e. August, September, and October) which is scheduled to be mailed in late July 2007. Prior notices will also be mailed to residents upon approval of the requested rate adjustment. PREPARED BY: Joyce Lee, Sr. Management Analyst REVI ED BY• vid G. Liu Director of Public Works Page 3 of 3 CITY COUNCIL Agenda # 6 I c t Meeting Date: June 17, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man -� TITLE: APPROVE PLANS AND ECIFICATIONS AND AWARD CONSTRUCTION CONTRAC FOR TRAFFIC SIGNAL MODIFICATIONS AT BREA CANYON ROAD/PATHFINDER ROAD, BREA CANYON ROAD/DIAMOND BAR BOULEVARD, AND GOLDEN SPRINGS DRIVE/LEMON AVENUE IN THE AMOUNT OF $170,400 TO POUK & STEINLE INC.; AND AUTHORIZE A CONTINGENCY AMOUNT OF $17,040 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $187,440. RECOMMENDATION: Approve plans and specifications, and award the contract. FINANCIAL IMPACT: For Fiscal Year 2007-2008, the Capital Improvement Program (CIP) Budget included an appropriation of Proposition C Funds in the amount of $360,000 for design and construction of traffic signal modifications at Brea Canyon Road/Pathfinder Road, and Brea Canyon Road/Diamond Bar Boulevard, and Golden Springs Drive/Lemon Avenue. Prniect Cnst Breakdown: Design Construction Construction Management Total $20,000 $187,440 $18,000 $225,440 DISCUSSION: The intersection of Brea Canyon Road and Pathfinder will be modified by switching from a protected permissive left turn to protected left turn only from Brea Canyon Road to Pathfinder Road. In addition, the existing thru lane on westbound Pathfinder Road will be modified to a combined thru right. Both intersections of Brea Canyon Road/Diamond Bar Boulevard and Golden Springs Drive/Lemon Avenue will be upgraded with video camera detection equipment and a back-up battery unit that allows for in-line power conditioning during normal operations. The project was advertised for bids during the months of May and June 2008. On June 6, 2008, the City received the following eight (8) bid proposals: Company 1. Pouk & Steinle Inc. 2. Macadee Electric 3. Freeway Electric 4. California Professional Engr. Inc. 5. Dynalectric 6. Ramilay Electric 7. Steiny and Company, Inc. 8. Ak Engineering Base Bid Amount $170,400.00 $170,512.00 $174,471.00 $175,705.00 $178,045.00 $185,500.00 $186,304.00 $216,021.00 Pouk & Steinle, Inc. submitted the lowest responsive bid. Staff reviewed their bid, and verified their State Contractor's License. Additionally, staff is in the process of obtaining Pouk & Steinle's safety records from the California Occupational Safety & Health Administration (OSHA) which will be retained in the project file. Pouk & Steinle, Inc. has satisfactorily completed similar projects for other agencies including the City of Anaheim, City of Tustin, and the City of Riverside. The project schedule is tentatively set as follows: Award of Contract Start Construction Construction Complete PREPARED BY: Christian Malpica Perez, Associate Engineer REVIEWED David G. Liu, Director of Public Works Attachment: Contract Agreement 2 June 17, 2008 July 16, 2008 September 10, 2008 Date Prepared: June 11, 2008 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Pouk & Steinle, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Pouk & Steinle, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Traffic Signal Improvement at Various Locations in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Traffic Signal Improvement at Various Locations in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications dated May 14, 2008 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLE- MENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated June 5, 2008, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within forty-five calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000;000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 7, 2007. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 576274 Pouk & Steinle, Inc 2520 Rubidoux Boulevard Riverside CA, 92519 Date By: TITLE CITY OF DIAMOND BAR, CALIFORNIA Date By: JACK TANAKA, MAYOR ATTEST: Date By: CITY CLERK CONTRACTOR'S Business Phone (714) 444-1851 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date CITY COUNCIL Agenda # 6 . 6 ( rj ) Meeting Date: June 17, 2008 AGENDA REPORT TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Mag TITLE: APPROVE A CONTRACT A ENDMENT WITH ADVANTEC CONSULTING ENGINEERS INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT AT DIAMOND BAR BOULEVARD AND BREA CANYON ROAD, GOLDEN SPRINGS DRIVE AND LEMON AVENUE, AND BREA CANYON ROAD AND PATHFINDER ROAD IN THE AMOUNT OF $16,000 PLUS A CONTINGENCY AMOUNT OF $2,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $18,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: For Fiscal Year 2007-2008, the Capital Improvement Program (CIP) Budget included an appropriation of Proposition C Funds in the amount of $360,000 for design and construction and modifications to traffic signals at Brea Canyon Road/Pathfinder Road Brea Canyon Road/Diamond Bar Boulevard, and Golden Springs Drive/Lemon Avenue. Project Cost Breakdown: Design Construction Construction Management Total $20,000 $187,440 $18,000 $225,440 DISCUSSION: Construction Management Services include the inspection and management of traffic signal modifications at Brea Canyon Road/Pathfinder Road, and Brea Canyon Road/Diamond Bar Boulevard, and Golden Springs Drive/Lemon Avenue. Advantec Consulting Engineers Inc. is experienced with the traffic signal standards used in Diamond Bar and they have a history of successfully providing these services for traffic signal improvements throughout the city. The fee as proposed in the attached proposal represents approximately 10.5% of the construction cost. Services will be paid for on an hourly basis with a not to exceed amount as specified in the attached contract. PREPARED BY: Christian Malpica Perez, Associate Engineer Date Prepared: June 11, 2008 REVIEWED BY: David G. Liu, Director of Public Works Attachment: Contract Amendment 2 AMENDMENT NO. 5 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 5 is made and entered into this 17th day of June 2008, between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Advantec Consulting Engineers, Inc. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide On -Call Traffic Engineering Services, which the Agreement was dated October 23, 2006. (ii.) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide construction management support services for various traffic signal improvements. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated June 10, 2008, for construction management support services for various traffic signal improvements. Section 2: Section 3 of the Agreement is hereby amended to read as follows: 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. Section 3: Each party to this Amendment No. 5 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 5 shall be valid and binding. Any modification of this Amendment No. 5 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 5 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: Bernard K. Li, PE la City Attorney ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk DATE: Bernard K. Li, P.E. James DeStefano, City Manager June 10, 2008 Mr. Rick Yee, P.E. City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 SUBJECT: Proposal for Construction Management and Inspection Services at Diamond Bar Boulevard/Brea Canyon Road, Golden Springs Drive/Lemon Avenue, Brea Canyon Road/Pathfinder Road Dear Rick: ADVANTEC Consulting Engineers, Inc. (ADVANTEC) is pleased to submit this proposal to provide construction management and inspection services for the above project locations in the City of Diamond Bar. SCOPE OF WORK: The scope of work for this project include construction management and inspection services. Project tasks include: • Attend construction kick-off meeting • Provide weekly inspection reports • Coordinate, log and transmit material submittals/shop drawings • Monitor and enforce project schedule • Monitor disputes of design, construction and specifications and assist City in the analysis of change orders and claims • Monitor utility coordination • Review and approve contractor progress invoices • Prepare contract change orders if necessary • Schedule walk through and prepare final punch list ADVANTEC will document and keep records of all inquiries, responses and reports necessary for the duration of the construction. ADVANTEC will provide spot inspection services and ensure compliance with current federal and state standard methods of construction. Traffic control inspection and enforcement will be provided on a daily basis to ensure minimal impact to the community. EXTRAORDINARY SERVICES: The following are the most frequent situations that are considered as extraordinary work. If any of the following situations arises, work will be performed by ADVANTEC on a time -and -material basis: • Provide daily on-site inspection services for the term of the project • Construction schedule that is extended beyond the assumed completion date for an unreasonable length of time. 21700 Copley Drive • Suite 350 • Diamond Bar *CA 91765 Tel: (909) 860-6222 • Fax: (909) 860-6722 • www.advantec-usa.com Proposal for Construction Management and Inspection Services at Diamond Bar Boulevard/Brea Canyon Road, Golden Springs Drive/Lemon Avenue, Brea Canyon Road/Pathfinder Road Mr. Rick Yee June 10, 2008 Page 2 of 2 PROPOSED FEE: This project shall be based on time and expense fees with a not -to -exceed amount of $16,000. The breakdown of our not -to -exceed fee for the above service is as follows: We thank you for this opportunity to submit this proposal. If you have any questions or need clarifications, please do not hesitate to contact me. This proposal is valid for 90 days. Sincerely, ADVANTEC Consulting Engineers, Inc z "to� Bernard K. Li, P.E., P.T.O.E. Vice President 21700 Copley Drive • Suite 350 • Diamond Bar *CA 91765 Tel: (909) 860-6222 • Fax: (909) 860-6722 • www.advantec-usa.com Key Staff (Manhours) Task B. Li P.Son D.Esquer Total Cost $180 $110 $85 1. Project Management 8 20 0 $3,640 2. Project Inspection 12 64 32 $11,920 Sub-totall 20 1 84 1 32 $15,560 Other Direct Costs (i.e. Mileage) $440 Total Fee $16,000 We thank you for this opportunity to submit this proposal. If you have any questions or need clarifications, please do not hesitate to contact me. This proposal is valid for 90 days. Sincerely, ADVANTEC Consulting Engineers, Inc z "to� Bernard K. Li, P.E., P.T.O.E. Vice President 21700 Copley Drive • Suite 350 • Diamond Bar *CA 91765 Tel: (909) 860-6222 • Fax: (909) 860-6722 • www.advantec-usa.com CITY COUNCIL Agenda # 6. 6 (e) Meeting Date: June 17, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang P P TITLE: APPROVE PLANS AND SP CIFICATIONS AND AWARD OF CONSTRUCTION CONTRACT FOR THE 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMP INSTALLATION PROJECT TO CJ CONCRETE CONSTRUCTION, INC. IN THE AMOUNT OF $39,062.50 AND AUTHORIZE A CONTINGENCY AMOUNT OF $4,000.00 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $43,062.50 RECOMMENDATION: Approve plans and specifications and award the contract. FINANCIAL IMPACT: The current Fiscal Year 2007-2008 Budget has $90,000 of Community Development Block Grant (CDBG) funds budgeted for the curb ramp installation project. To date, approximately $27,990.00 has been encumbered for design and construction administration services of the project. The engineer's estimate is $49,600.00. BACKGROUND/DISCUSSION: The 2007-2008 Community Development Block Grant Curb Ramp Installation Project includes the complete construction of 9 new curb ramps and 10 upgraded curb ramps in the vicinity of Quail Summit Elementary School and Paul C. Grow Park. The project originally went out for bid on March 28, 2008 and bids were opened as scheduled on April 17, 2008. However, it was discovered that prior to the bid opening one bid was prematurely opened with the regular U.S. mail sent to the City Clerk's Office. Since not all bids were publicly opened at the same time staff, upon consultation with the City Attorney, deemed it appropriate to reject all bids. The project was approved by City Council at the regular meeting of May 6th for rejection of all bids received and re -advertisement. The project was re -advertised on May 22, 2008 and bids were opened on June 5, 2008. There was only one addendum issued for the project and it was due to the Federal Wage Decision change that occurred after the project was advertised. A total of (13) thirteen bids were received and opened on June 5, 2008 but the lowest responsible bidder, CJ Concrete Construction, Inc., failed to include the signed addendum with their bid. Consultation with the City Attorney determined that the non- inclusion of the signed addendum was a waivable irregularity since the addendum does not change the scope of work or the bid amount. Council's right to waive irregularities is reserved in the specifications. The results of the bids were as follows: Company Bid Amount 1. CJ Construction $ 39,062.50 2. New Legacy Corporation $ 40,600.50 3. FS Construction $ 42,000.50 4. Kormx, Inc. $ 48,616.00 5. JDC, Inc. $ 48,840.00 6. J&R Fernandez, Inc. $ 49,402.00 7. NPG Corporation $ 49,971.00 8. California Professional Eng. $ 52,000.00 9. Elite Bobcat Service, Inc. $ 52,000.00 10. Landmark Site Contractor $ 53,597.00 11. S. Parker Engineering $ 58,900.00 12. GM Sager Construction $ 61,936.00 13. EL Engineering $ 66,667.50 Key aspects of requirements placed upon the contractor include: • Completion of all work within thirty (30) calendar days • Liquidated damages of $500.00 per day for non-conformance • Compliance with Community Development Block Grant requirements • Labor compliance with Davis -Bacon Act The Public Works Department has checked the contractor license and bid bond of CJ Concrete Construction, Inc. with the Contractor State License Board and found them valid. References were also checked for similar work completed and all spoke very highly of CJ Concrete Construction, Inc. The project schedule is tentatively set as follows: Award of Contract June 17, 2008 Start of Construction July 7, 2008 Completion of Construction August 6, 2008 An extension of time has been approved by the Community Development Commission since funds will not be expended by the June 30, 2008 deadline and the new deadline has been moved to June 30, 2009. PREPARED BY: Erwin Ching, Junior Engineer Date Prepared: June 10, 2008 REVIEWED D id G. iu, Director of Public Works Attachments: CONTRACTOR AGREEMENT 3 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between CJ Concrete Construction, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR CJ Concrete Construction, Inc.. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the 2007-2008 Community Development Block Grant (CDBG) Curb Ramp Installation Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the 2007-2008 Community Development Block Grant (CDBG) Curb Ramp Installation Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated May 2008 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated June 5, 2008, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: Since this is a Federally assisted construction project, Davis -Bacon will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. The Federal Labor Standards Provisions (Form HUD -4010) and the Federal Wage Determination are attached and made part of this agreement, and compliance will be enforced. The CONTRACTOR agrees to complete the work within thirty (30) calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 5 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. C. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 0 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: 7 a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 5, 2008. 12. TERMINATION: This agreement may be tenninated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. E:3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 720989, A Classification CJ Concrete Construction, Inc. 10142 Shoemaker Avenue Santa Fe Springs, CA 90670 By: Date TITLE CITY OF DIAMOND BAR, CALIFORNIA By: JACK TANAKA, MAYOR Date ATTEST: By: CITY CLERK Date CONTRACTOR'S Business Phone (562) 777-2222 Emergency Phone at which CONTRACTOR can be reached at anytime (562)244-1696 APPROVED AS TO FORM: CITY ATTORNEY Date X CITY COUNCIL Agenda # 6.6 ( f-) Meeting Date : June 17, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man -'�p TITLE: AWARD PROFESSIONALSE ICES CONTRACT TO HARDY & HARPER, INC. FOR FIVE (5) YEARS (FY 08-09 TO FY 12-13) FOR ON- CALL STREET MAINTENANCE SERVICES SPECIFIC TO ROAD PAVEMENT, SIDEWALK, CURB & GUTTER AND STRIPING MAINTENANCE. RECOMMENDATION: Award. FINANCIAL IMPACT: Funded by Gas Tax, the Public Works Street Maintenance budget for 2008-09 is adequate for the estimated expenditure total of $340,000 proposed for specific Public Works Street Maintenance Services. BACKGROUND/DISCUSSION: In previous years, the specific street maintenance services described have been subcontracted by MCE. This resulted in a 15% overhead charge. In order to save overhead costs, staff advertised for Requests for Proposals in April to contract directly for those street maintenance services. Two (2) proposals were received and, subsequently, interviews were conducted. Hardy & Harper, Inc. proved to be the best qualified and responsive in the opinion of staff. The service previously provided by Hardy & Harper, as a subcontractor to MCE, has been exemplary for the last eight (8) years. Hardy & Harper, Inc. has been providing service to municipalities, school districts, etc. for 62 years. The company consists of three (3) grinding crews, three (3) concrete crews, and five (5) asphalt crews currently available to serve their existing city and county maintenance clients. These crews were developed and implemented as a tool to enhance performance, production, and quality in the field. The Contractor is also available for on- call emergency response, as required. Public Works Street Maintenance Superintendent, Jorge Garcia, will manage the contract and will oversee all projects assigned. Staff recommends that the City Council approve the contract for five (5) years with Hardy & Harper, Inc. for the specific tasks described in this report. PREPARED BY: Marcy Hilario, Senior Administrative Assistant Date Prepared: June 11, 2008 REVIEWED BY: r iu, Director of Public Works Attachments: Street Maintenance Services Agreement 2 STREET MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT is made as of by and between the City of Diamond Bar, a municipal corporation ("City") and , (Contractor). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide street maintenance services to City as set forth in Exhibit "A" — City's Request for Proposal, including all its appendices. B. Contractor represents that it is fully qualified to perform such street maintenance services by virtue of its experience, licensing 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. Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" and Exhibit "B" — Contractor's Proposals, including Work program and Fiscal Year 2008- 2009. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit „B„ C. Additional or Other Services. Any proposed changes in the work to be performed under this Agreement shall be made only by written amendment to this Agreement. Contractor is not authorized to undertake any work which would result in costs, expenses, or fees in excess of the costs contained in Exhibit "A" without the express written approval of the City Manager. Should the City require the Contractor to provide additional services beyond the Scope of Work described in Exhibit "A", for services not specifically described therein, the rates and quantities shall be negotiated between the City and Contractor. 2. Term of Agreement. This Contract shall take effect July 1, 2008, and shall continue until June 30, 2013, with the option, at the City's sole discretion, to award multiple years upon successful demonstration of exemplary contract performance, unless earlier terminated pursuant to the provisions herein. However, this contract will be subject to annual reviews prior to commencement of work for the following year. This review will evaluate work performed and level of service provided. Renewal is at the City's discretion. Page 2 of 13 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedules set forth in Exhibit "A" and Exhibit "B". 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. a.) Time is of the Essence — Contractor agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth by the City. b.) License: Standard of Care — Contractor represents and agrees that all personnel engaged by the Contractor in performing the services are and shall be fully qualified and are authorized or permitted under Federal, State, and local law to perform such services. Contractor represents and warrants to the City that is has all licenses, permits, qualifications, and approvals required to provide the services and work required to be performed by this Agreement. (i) Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. Notwithstanding any other provision of this Agreement, Contractor shall have in full force and effect on or before July 1, 2008 and maintain in effect during the term of this Agreement, a Class A License (General Engineering Contractor). Contractor shall perform the services under this Agreement in a skillful and competent manner and in the manner and according to the standards observed by a competent practitioner of the work in which Contractor is engaged. (ii) Services provided to the City pursuant to this Agreement shall be provided in a first class and workmanlike manner conforming to the standards of quality normally provided in the field. The contractor shall be responsible to the City for any errors or omissions in the performance of work pursuant to this Agreement. Should any errors caused by the Contractor be found in such services or products, Contractor shall correct the errors at no additional charge to the City by redoing the work and/or revising the work products(s) called for in the Scope of Work to eliminate the errors. c.) Subcontracting Subject to Approval — Contractor may not subcontract any portion of the work to other persons or contractors unless expressed written approval from the City is received. Page 3 of 13 d.) Administration — This Agreement will be administered by the City Manager of his designee. The City Manager or his designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The City Manager or his designee shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. e.) Progress — Contractor is responsible to keep the City Manager and/or his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. f.) The City's Rights to Employ Other Contractors — The City reserves the right to employ other contractors in connection with the subject matter of the Scope of Work. It is understood by the City that the rights reserved by this paragraph pertain to the City aggregating various street maintenance and repair work, such as street paving, into one project and separately bidding and awarding a contract for that project. g.) Contractor's Records — Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement, for a period of five (5) years from the date of final payment under this Agreement. 5. Addresses. City Manager: Contractor: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor 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 Page 4 of 13 City not any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor 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 the City. Except as specified in writing by the City, Contractor shall have no authority, expressed or implied, to act on behalf of the City, and Contractor shall have no authority, expressed or implied, to incur any obligation or liability against the City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Contractor is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Contractor to perform those services and duties. To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, Page 5 of 13 agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any fact, failure to act, error, or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which indemnities may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Contractor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitee's sole negligence or willful misconduct to the limited extend that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Contractor 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 Page 6 of 13 minimum limits of $1,000,000.00 combines single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $1,000,000.00; (4) worker's compensation insurance with a minimum limit of $1,000,000.00 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, automobile liability, and professional 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. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Contractor agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted. at the option of City, from payments due Contractor. C. Contractor 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 than 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". D. Contractor shall furnish a Contract Performance Bond in the amount of one hundred percent (100%) of the aggregate amount of the Contract; and a Labor and Materials Bond in the amount of one hundred percent (100%) of the contract. Page 7 of 13 10. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. Ali City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Contractor 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. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Further, the Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may forseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will forseeably financially affect such interest. If subject to the Act, the Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. B. Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon thirty (30) days written notice to Contractor. 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 Contractor for services Page 8 of 13 satisfactorily completed and approved prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing service. Contractor may terminate this Agreement, or any program or service provided hereunder, at least ninety (90) days in advance of such termination. If this Agreement is terminated by the Contractor, the Contractor shall be compensated for services satisfactorily completed and approved prior to the effective date of termination. A. Breach of Agreement — If the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled by law, in equity, or under this Agreement. The failure of the City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement. B. Mediation — Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation services shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 14. Provision of Personnel, Instruments and Office Space. Contractor represents that it has, or will secure at its own expense, all personnel required to Page 9 of 13 perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. A. Contractor shall make every reasonable effort to maintain the stability and continuity of their staff assigned to perform the services required by this Agreement. Contractor shall maintain a constant supply of the required materials and tools to perform the services under this Agreement. 15. Financial Condition. Prior to entering into this Agreement, Contractor has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Contractor shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Contractor is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Contractor after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Contractor 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. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor 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 condition, or sexual orientation. C. Contractor 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. Page 10 of 13 17. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. This Contract shall take effect July 1, 2008, and shall continue until June 30, 2013 with the possibility of merit renewals, unless earlier terminated pursuant to the provisions herein. However, this contract will be subject to annual reviews prior to commencement of work for the following year. This review will evaluate work performed and level of service provided. 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 Contractor prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Contractor to correct the inadequacies, or in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Contractor shall keep itself informed of all State and Federal laws and regulations which any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Contractor shall, at all times, observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph. A. To the extent that any or all of the services described in Exhibit "A" are or may be funded by other governmental entities, Contractor shall comply with all applicable rules and regulations to which the City is bound with the agencies providing the funding. B. Prevailing Wages: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty- five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than Page 11 of 13 the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 20. 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 Contractor 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 Contractor, 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. 21. 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 suite, including reasonable attorney's fees and costs, including costs of expert witnesses and contractor. 22. 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, certified, 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.. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. Los Angeles County shall be the venue for any legal proceedings, including mediation, arbitration, or court actions that are initiated regarding this Agreement. 24. 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. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral and written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in 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. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. Page 12 of 13 27. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR MR City Clerk City Manager Approved as to form: "CONTRACTOR" Hard & Harper, nc. By: City Attorney By: Steve Kirschner Its: Vice President Page 13 of 13 ardy & Harper, Inc. STATE LIC. Number 215952 1312 EAST WARNER AVENUE SANTA ANA, CA 92705 (714) 444-1851 • FAX (714) 444-2801 May 28, 2008 City of Diamond Bar Public Works 21825 Copley Drive Diamond Bar, Ca. 91765 To Whom It May Concern: Hardy & Harper, Inc., an engineering and paving contractor is proud to acknowledge that 2008 is our 62nd year of service to counties, municipalities, school districts and other public institutions in the greater Southern California area. The firm maintains a contractor's license in classes A, C-8 and C-12. Our Contractor's License number is 215952. BACKGROUND AND APPROACH A significant segment of our business is devoted to city, and county asphalt & concrete maintenance. We have had the County of Orange asphalt maintenance contract for the past 10 years. We have held the City of Mission Viejo asphalt maintenance contract for 15 years, and we have held the City of Palos Verdes asphalt & concrete contract for the past 20 years. Please see the attached list of other valued municipalities that currently have maintenance contracts with Hardy & Harper Inc. We have three grinding crews, three concrete crews, and five asphalt patch crews currently available serving our existing city and county maintenance clients. These crews were developed to act as "total quality quick response units" These crews have been developed and implemented as a tool to enhance performance, production, and quality in the field under the supervision of Mike Morgan, our Superintendent of City Maintenance. Having crews in these specialties devoted to city maintenance working together with standardized procedures and an integrated team approach promotes a high degree of professionalism, efficiency, and quality. The expertise and experience these crews gain from working on the jobsites at one city is transferred to jobsites at other cities all over Southern California. These crews excel at city maintenance because city maintenance is all that they do. METHODOLOGY AND SCOPE OF WORK 1. Sidewalk Grinding: A one man crew with a cement grinder and sweeper follows a prescribed route planned by the Superintendent of City Maintenance so that he can move swiftly to each repair site and complete the work in a single visit. 2. Sidewalk Patch AC: a one man crew with a cement grinder, sweeper and a vibrating plate follows a schedule planned by the Superintendent of city Maintenance so that he can reach the most sites in the least amount of time. He uses the grinder to prepare and clean the site, applies the asphalt and compacts it with a vibrating plate. 3. Sidewalk R & R, and Curb and Gutter R & R: Any saw cutting to remove damaged material is done first. All debris is removed and hauled away from the site. For sites where roots are not involved cement forms are anchored in position and cement is poured. After the cement is cured a finishing crew removes the forms and backfills as necessary to give the jobsite a finished look and feel. Any damaged sprinklers are repaired. Sites laden with roots will be left open until a city contracted root grinding crew can remove the roots_ Once the roots are removed our crew will form the site, pour the cement, apply and compact any asphalt as necessary. Then any required backfill or sprinkler repair will be completed. 4. Road Maintenance: Any saw cutting to remove damaged material is completed first. A remove & replace crew with a backhoe, and dump truck hauls away the debris from the site. Then the site is capped, finished, and compacted unless the asphalt depth needed requires that a base course be laid first. In which case the base course will be laid first and left for a week to allow traffic to compact it. Then a crew will return to cap it and finish it. 5. Striping: All striping will be subcontracted to another contractor under the oversight of Hardy and Harper Inc. Note: Barricades and delineators will be used at all times. All traffic control and watch manuals will be observed. COMPANY PROFILE: The company is located at 1312 E. Warner Ave. Santa Ana, California 92705. This site is located in central Orange County. It is located within easy access to four major freeways that traverse Santa Ana, California. The Santa Ana (I-5) Freeway runs northwest to southwest through the northern portion of the city; the Costa Mesa (5 5) Freeway runs north to southwest along the city's eastern border; the Garden Grove (22) Freeway runs east to west along the city's northern border; the San Diego (1-405), runs east to west approximately on mile south of our location. See Area Description attached. Our specific business location consists of 3.7 acres. There are 3,862 square feet of office space for administration and 11,072 square feet of warehouse space devoted to fleet maintenance. The remainder of the site is utilized for vehicle and equipment storage as well as material inventory. For 62 years Hardy & Harper Inc. has been providing service to municipalities, school districts, homeowner's associations and private builders. Our expertise and services include: asphalt paving, asphalt overlay, pothole patching, grading, slurry and striping, hauling, demolition, concrete, concrete grinding, trip hazard repair, sidewalk grinding, emergency cleanup, and emergency repairs. Through a bargaining agreement with the AGC of Southern California we have signed Master Labor Agreements with the Construction Laborers, Operating Engineers, and Cement Masons. There are currently seventy (70) full time union employees with our firm in communication with our dispatcher through our Nextel cell phone network. We employ two mechanics and one senior mechanic to maintain our fleet of vehicles and heavy machinery. We have a salary staff of approximately 20 people that include, superintendents, project managers, office administrators, clerical and accounting personnel. Our firm uses a state of the art accounting system called Master Builder to accumulate costs by job and client. The system is also utilized for payroll and certified payroll reporting. The firm also has an in- house scanning system to digitally preserve and file job related documentation. This information is available to office personnel with desktop computers and field personnel that have laptop computers via an internet connection. Financial statements will provided upon award of the bid. ORGANIZATION AND PROJECT TEAM The following is a brief description of our key personnel. Fred T. Maas Jr. is our President and Treasurer with 29 years of experience at the helm of Hardy & Harper Inc. Fred has served as President of the AGC Orange County Chapter and is currently a member of their board. Dan T. Maas is our CEO. He has 12 years of experience in the industry and he is currently a member of the AGC Orange County Chapter board. Steven M. Kirschner is our Vice President and has 29 years with the firm as a Senior Officer, Chief Estimator and Coordinator. Kristen Paulino, is the Director of Accounting and Secretary of the firm. She has been with the firm for 18 years and overseas accounting and administration. Mike Amundson is a Project Manager with over 10 years of experience in the industry. He has been with Hardy & Harper Inc., for three years and currently manages the public works projects for the firm. Mike Morgan, City Maintenance Superintendent, has 7 years of industry experience and oversees all maintenance contract service. Steve Kirschner will be your Project Manager. He will direct Mike Morgan and the foremen and leadmen that supervise the crews assigned to city maintenance. The number of crews available at anv time fluctuates depending on demand but currently we have three grinding crews, three concrete crews, and five asphalt patch crews allocated to city maintenance, SCHEDULE AND TRANSITION PERIOD Since Hardy & Harper Inc. has been working on the city's street and sidewalk maintenance over the past year, we feel that it will be a smooth transition to engage our firm to do the maintenance required by the contract. Our firm has been the subcontractor to M.C.E Corporation on 10 repair and restoration projects in Diamond Bar over the past year and we are well acquainted with the expectations, specifications and standards of your city's projects. Please see the attached article from CalContractor which highlights the expertise and thoroughness applied to a one day job repairing a 70 feet long 18 feet wide strip of pavement on a major roadway in Diamond Bar. REFERENCES: Please see attached list of references and letters of reference attached. ACCEPTANCE OF CONDITIONS AND AGREEMENT: The pricing in our bid is effective as long as the city accepts our bid and executes a contract within the next 90 days. Our firm accepts all other conditions and scope of work as outlined in the Request for Proposal dated April 17, 2008 subject to the attached letter from our insurance agency, Crosby Insurance . PROMOTIONAL MATERIAL AND OTHER INFORMATION: See attached flier promoting Hardy & Harper's services. See attached article in CalContractor featuring a project on a major roadway in Diamond Bar. COMPENSATION SCHEDULE: See the attached compensation schedule as outlined in Appendix "B" of the Request for Proposal dated April 17, 2008. Sin 1 , Steve Kirschner Vice President AREA DESCRIPTION Le -eta ,;g ' ��'� _ E t a_Vetagve C 800m z 240ft 22 I� ry Ln t r m LX i ub�ec roperty 1 J T Subject y Civic 7 f' k, Satnt�1na _ I r_.. r.� { f �-4 W finger Ave -E roger Ave m 2006 MeoQuest, Inc.–i ( � � � A 1 �—fit -^' �—i I i`w11kwTEQ SANTA ANA Santa Ana is located in central Orange County. It is the Orange County seat. It contains 27 ? square miles and is located 30 miles southeast of downtown Los Angeles. Santa And is bordered by Garden Grove and (the city of) Orange on the north, Costa Mesa on the south, Irvine and Tustin on the east and Fountain Valley and Garden Grove on the west. Santa Ana's January 2006 population was estimated at 351,322, an increase of 0.2% over January 2005. Santa Ana is a general -law city with a council-manager form of government, including a mayor and six council members. Three major freeways traverse Santa Ana. The Santa Ana (I-5) Freeway runs northwest to southeast through the northern portion of the city; the Costa Mesa (55) Freeway runs north to southwest along the city's eastern border; the Garden Grove (22) Freeway runs east to west along the city's northern border A fourth major freeway, the San Diego (I-405), runs east to west approximately one-half mile south of the city limits. ardy & Harper, Inc. STATE LIC. Number 215952 1312 EAST WARNER AVENUE SANTA ANA, CA 92705 IqWb(714) 444-1851 • FAX (714) 444-2801 CUSTOMER REFERENCE LIST CAPISTRANO USD CITY OF MISSION VIEJO PASCAL & LUDWIG ENG. Mr. Joe Dixon Mr. Kim Lemelin Mr. Alan Ludwig (949) 489-7294 (949) 470-3000 (909) 947-4631 32792 Calle Perfecto 25909 Pala, Suite 200 2049 E. Francis San Juan Capistrano, CA 92675 Mission Viejo, CA 92691 Ontario, CA 91761 CITY OF FONTANA CITY OF NORCO PLACENTIA YORBA LINDA USD Mr. Anthony Ciotti Mr. Bill Thompson Mr. Rick Guadarama (909) 350-6605 (909) 270-5602 (714) 985-8440 8353 Sierra Avenue 3241 Valley View 1301 E. Orangethorpe Fontana, CA 92335 Norco, CA 92860 Placentia, CA 92870 IRVINE RANCH WATER DIST. OCEANSIDE U.S.D. RANCHO PALOS VERDES Mr. A. T. Kalani Ms. Donna DeGrafft Mr. Larry Stills (949) 453-5300 (706) 757-2560 (310)544-5252 P. O. Box 57000 2111 Mission Avenue 30940 Hawthorne Blvd. Irvine, CA 92617-7000 Oceanside, CA 92054 Rancho Palos Verdes, CA 90275-5391 MIKE KILBRIDE, LTD. CITY OF ONTARIO SCHULER ENG. CORP. Mr. Mike Kilbride Mr. Darren Paulson Mr. Bruce Schuler (949)548-0106 (909) 395-2012 (909) 738-9215 P.O. Box 3341 303 East "B" Street 564 W. Bateman Circle Newport Beach, CA 92659 Ontario, CA 91764 Corona, CA 92880-2011 IRVINE U.S.D. CITY OF ORANGE - WATER DIST. STANDARD PACIFIC CORP. Mr. Spencer Jordan Mr. Joe DeFrancesco Mr. Bob Roeper (949 337-5151 (714) 744-2277 (949) 789-1600 14600 Sand Canyon Ave. 189 S. Water Street P.O. Box 57061 Irvine, Ca. 92618 Orange, CA 92866 Irvine, CA 92614 COUNTY OF ORANGE CITY OF YORBA LINDA Ms. Holly Phillipe Mr. Jack Baecker (714) 567-6253 (714) 961-7170 10852 Douglass Road P. O. Box 87014 Anaheim, CA 92806 Yorba Linda, CA 92885-8714 P.O. BOX 31150 8181 EAST KAISER BOULEVARD ANAHEIM, CA 92809 ANAHEIM HILLS, CA 92808 (714) 221-5200 • FAX (714) 221-5210 • LICENSE NO. OE11886 NCE, INC. May 2, 2008 City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 917654178 RE: Hardy & Harper, Inc. Ref. Bid Date May 5, 2008 To Whom It May Concern: Hardy & Harper's current insurance program complies with the insurance requirements outlined in your proposal of April 23, 2008. The exception to this is the Professional Liability Coverage whereas the insured presently doesn't carry. Also, please be advised any "Special Endorsement" required by the City must be approved by the insurance company. Si erely, cam Annette Romero For Kathleen Maas Inc, 1312 E. WARNER AVE. SANTA ANA, CALIFORNIA 92705 t:j (714)444-1851 Fax VI4) 444.2801 ' STATE LIC. NO. 215952 OVER SIXTY YEARS OF PAVING EXPERTISE. CLIENTS INCLUDE MUNICIPALITIES, SCHOOL DISTRICTS, HOMEOWNER'S ASSOCIATIONS AND PRIVATE BUILDERS. REFERENCES FURNISHED UPON REQUEST. PLEASE CALL STEVE KIRSCHNER, OUR VICE PRESIDENT, FOR QUOTES, BIDS, OR SPECIAL PROJECTS. ASPHALT PAVING ASPHALT OVERLAY POTHOLE PATCHING GRADING SLURRY & STRIPING HAULING DEMOLITION CONCRETE CONCRETE CUTTING TRIP HAZARD REPAIR SIDEWALK GRINDING EMERGENCY CLEANUP EMERGENCY REPAIRS RAPID RESPONSE rty ,.,� t •�Y �w� y +A � � .. �A� � � �na+-s � r ,' f � • .1 r— � � �.� �� 'i� •moi �'' ,,IN districts. to Apnt, the city or utamond nar, k,aiirornra—aoout 30 minutes south of Los Angeles --called on Hardy & Harper to carry out a repair on one of its main streets that was degrading due to water seeping into the sub -grade. According to Mark Molina, General Superintendent for Hardy & Harper, the source of the water was attributed to one of two possibilities: either an underground spring or run-off from a recently landscaped adjacent slope, that includes an irrigation system. "The asphalt was breaking up and the sub -grade was decaying from what seemed like an underground spring that was constantly bubbling to the surface," Mark says. "The spring has been bubbling for about a year. larger resiaenuai areas. it is a Tour -lane roaa, wim a rruaate rum Lane. Hardy & Harper's crew went in one day in mid-April to tear out the existing asphalt and sub -grade in the troubled spot, install a French drain system, and re -pave. The area where the crew worked was about 70 feet long and 18 feet wide in the two westbound lanes of the road. The traffic control involved rerouting that traffic into the center turn lane during the one -day project. The French drain system was designed by the city engineer and installed by Hardy & Harper's crew. Mark says that the crew dug a deeper hole in the sub -grade and installed drain rock wrapped in filter wrap. The drain system is about three to four feet deep. 38 2008 ASPNAIT CONSTROCTIBN CAECONTRACTOIR WWw CALC8NT8ACT8l.CIN "Normally a French drain system filters water before it drains into the storm drain system," Mark says. "In this case, the water will drain into the natural water table." What made installation of the French drain system difficult was that the water was running constantly, so the installation basically took place under water. In addition to installing the French drain system, Hardy & Harper's six -man crew removed four inches of asphalt, installed six to eight inches of compacted rock base over the French drain system and repaved with five inches of asphalt. The crew was run by Jack Morgan who is both a backhoe operator and foreman. "Jack is a key employee in the company and does a great job," Mark says. "We had our finest removal crew on the project that day." Jack's son, Mike Morgan, Hardy & Harper's Maintenance Division Superintendent, oversaw the work. The company used its Case 590 Super M Loader/Backhoe that it purchased last summer. They own two Case backhoes and one Case skid steer, all purchased from D3 Equipment, located in Santa Fe Springs. "We deal with Josh McCluer and Art Jurado and they are good guys," Mark says"They are always making sure I'm happy with the equipment and correct any problems." According to Case's website, the 590 Super M Series 3 is "the latest upgrade to the Case legacy of rugged, durable loader/backhoes." The five models in the series "range in net horsepower from 79 to 109 with dig depths from 14' 3" on the standard backhoe to 20' 4" with the ExtendahoeTm." Case has also introduced it's new Series 3 skidsteers which offers all tier 3 engines. Mark says that Hardy & Harper installs drain systems for customers probably four or five times a year, as needed. The company, whose offices are located in Santa Ana, is a grading WWW.CALCONTRACTOR.COM 2008 ASPHALT CONSTRUCTION PAICONTRACTOR 31 and paving contractor. They complete a lot of road reconstruction projects, involving both grinding out the distressed asphalt and repaving. Their maintenance contracts for school districts involve paving parking lots. The company has a small concrete crew that installs catch basins, curb and gutter, sidewalks, and wheelchair ramps. Mark says Hardy & Harper is committed to quality work and is able to react quickly to client needs. "Most of our business is from word of mouth," Mark explains. C Established in 1946, Hardy & Harper has been paving Southern California for more than 60 years. The company is comprised of four primary divisions: Asphalt Paving, Slurry Seal, Concrete, and Sidewalk Grinding. The third generation company is dedicated to excellence and productivity. Dan Maas is the Chief Executive Officer for the company and, according to Mark, "has done a great job of getting the right guys in the right positions in order to make the company what it is today." For more information look online at call (714) 444-1851, Cc' MINUTES OF BOARD OF DIRECTORS HELD ON NOVEMBER 15, 2005 The Board of Directors met this date pursuant to the president's request for a special board meeting. Notice was waived. All directors being present in the office of the corporation the meeting was called to order by the president and; The Secretary then presented the waiver of notice which was agreed to by all directors and entered in the minutes. The following directors were present being all the acting directors: Fred T. Maas, Jr. Daniel Maas Steven M. Kirschner Kristen S. Paulino The President, Fred T. Maas Jr., then called the board's attention to the purpose of the meeting which was to authorize Daniel Maas as a director and CEO, Steven M. Kirschner as a director and Vice President, and Kristen S. Paulino as a director and secretary of the corporation to enter into contracts, bids and other documents on behalf of the corporation. On motion unanimously carried the following resolution was adopted: Daniel Maas, Steven M. Kirschner, and Kristen S. Paulino are authorized to sign contracts, bids, credit applications and necessary documents on behalf of the corporation to bind the corporation as he and the president of the corporation agree. There being no further business, the meeting was adjourned. DATED: November 15, 2005 FRED T. MA.AS, JR., President TE PAOLINO, Secretary APPENDIX "B" STREET MAINTENANCE SERVICES COMPENSATION SCHEDULE Pg. 1-2 WORK ACTIVITIES UNIT EST. ANNUAL TY UNIT PRICE AMOUNT ROAD MAINTENANCE 4" AC SURFACE R&R S.F. 3000 6" AC SURFACE R&R S.F. 2000 8" AC SURFACE R&R S.F. 5000 cim ! k4 of 3/8 Fine AC SKIN PATCH S.F. 50009> v cxx) SAW CUT L.F. 1000 -' ADJUST MANHOLE E.A. 100 p.- CW GUARDRAIL MAINTENANCE L.F. 100 -- ROAD MARKINGS PAINT SOLID DOUBLE YELLOW L.F. 25,000 ► " _ 2 -WAY LEFT L.F. 10,000 .t2 'O I-WAY PASS L.F. 10,000 12 "= 4" SKIP L.F. 25,000 C)445 li, 4" SOLID L.F. 25,000- 6" SOLID L.F. 2500 Oct 8" SOLID L -F. 2500 lyair 12" LIMIT LINE L.F. 5000 TYPE I ARROW (10') E.A. 25 ?Scl2S TYPE IV ARROW (8') E.A. 25 2S Al (L 25 TYPE VII ARROW (13') E.A. 15 qe?s-! 8' LETTER E.A. 200 REFLECTIVE PAVE MARKER E.A. 500 3 (O Q - CERAMIC RAISED MARKER E.A. 500 1 qo- SANDBLAST W/CLEAN UP S.F. 1000 ° ROAD MARKINGS THERMOPLASTIC SOLID DOUBLE YELLOW L.F. 500 & S -- 2 -WAY LEFT L.F. 250 ,j'zS l2 1 -WAY PASS L.F. 250 85 4" SKIP L.F. 100 0 L4 0!!! 4" SOLID L.F. 100 Us 61°G 6" SOLID L.F. 500 55 IN - 8" SOLID L.F. 500 12" LIMIT LINE L.F. 500 4t TYPE I ARROW (10') E.A. 25 Ud, VTKI .� TYPE IV ARROW (8') E.A. 25 V TYPE VII ARROW (13') E.A. 15 p°, - 8' LETTER E.A. 200 °f' l 9co TOTAL AMOUNT BID (IN FIGURES) > l l,& L?- L—T APPENDIX `B" STREET MAINTENANCE SERVICES COMPENSATION SCHEDULE r 4. a -s WORK ACTIVITIES UNIT EST. ANNUAL QTY UNIT AMOUNT PRICE SIDEWALK, CURB & GUTTER MAINTENANCE SUPERINTENDENT J4 I Lgj SIDEWALK R&R S.F. 10,000 Ir CURB & GUTTER R&R L.F. 1000mw co SIDEWALK PATCH AC E.A. 100 112-- SIDEWALK GRIND E.A. 200 .� TOTAL AMOUNT BID (IN FIGURES) > TIME AND MATERIAL RATES LABOR RATES PER HOUR REGULAR OVERTIME DOUBLE TIME AIR COMPRESSOR SUPERINTENDENT J4 I Lgj I 10s SUPERVISOR BACKHOE — FOREMAN — co DUMP TRUCK MASON 6-- 112-- ASPHALT RAKER foqE- Lqoq� 14e - LABORER cl06 D EQUIPMENT OPERATOR I oq�- TRUCK DRIVER WATER OO-,, EQUIPMENT RATES PER HOUR RATE AIR COMPRESSOR - J4 ARROWBOARD I 10s BACKHOE lz BOBCAT W/GR NDER DUMP TRUCK FLATBED TRUCK 14 950 LOADER Lqoq� 14e - PICKUP TRUCK5-- ON ROLLER SKIP LOADER WATER OO-,, Q. SWEEPERa' Agenda # 6.6 (q) Meeting Date: June 17, 2008 CITY COUNCIL TO: Honorable Mayor and Member of he City Council VIA: James DeStefano, City Mana TITLE: APPROVE EXTENSION OF C NTRACT AGREEMENT WITH DIVERSIFIED TRANSPORTATION, LLC FOR FISCAL YEAR 2008-2009 DIAMOND RIDE (DIAL -A - CAB) SERVICE. RECOMMENDATION: Approve. FISCAL IMPACT: The Diamond Ride (Dial -A -Cab) program is funded through Proposition A, Local Transit Funds. The proposed budget for FY 2008-2009 is $400,000 and is adequate for the estimated expenditure. BACKGROUND/DISCUSSION: In April 1995, the City established the Diamond Ride (Dial -A -Cab) service to provide a reliable transportation program for the elderly (60 years of age and older) and physically challenged residents of Diamond Bar. The Diamond Ride (Dial -A -Cab) system operates seven (7) days a week, 24 hours a day, within a designated geographic boundary and designated facilities. The service provider for Diamond Ride, Diversified Paratransit, Inc. (DPI), has been serving our community since the inception of this demand -response program. After an RFP process, the City Council awarded a contract to DPI in March, 1999 for one year, with provision for annual extension(s) by mutual agreement. In May 2006, Diversified Paratransit, Inc. began a business transaction plan with an equity capital group. The plan was to bring several transportation companies together and combine that platform with equity capital for infrastructure and growth. Upon completion, the new company became Diversified Transportation, LLC. Diversified Transportation purchased Diversified Paratransit and Paul's Yellow Cab. This change was completed in June, 2006. Terms of our contract agreement and service by the management team has remained the same with the new company. This Contract Amendment No.9 represents year ten (10) of the service. Please see Attachment I. The proposed (FY 2008/2009) fees will increase from $2.20 to $2.50 flag drop (flag drop is the fixed charge for initiating a trip) and from $2.20 to $2.50 per mile meter rate, with no wait time fees, and a 10% administrative fee charged by Diversified Transportation, LLC. The proposed increase is due to increased costs of gasoline, insurance, and wages. For Fiscal Year 2007-2008, as of May 15, 2008, the average number of monthly trips is 1,521 and the average monthly contract expense is $32,608.77. Approximately 50.4 % of the trips are to destinations outside of Diamond Bar and 49.6% of the trips are within the City of Diamond Bar. The average net cost per trip is $21.44 and the net cost per passenger is $18.97. Please refer to Attachment III. Diamond Ride is a trusted and heavily relied upon service utilized by the Diamond Bar's senior and disabled population. It has proven to be a much needed and appreciated mode of transportation. The Dial -A -Cab Program continues to remain the most reliable and in -demand public transportation service. Therefore, staff is requesting that City Council approve Contract Amendment No. 9 with Diversified Transportation, LLC. PREPARED BY: Marcy Hilario, Senior Administrative Assistant Date Prepared: June 11, 2008 REVIEWED BY: r David G. Liu Director of Public Works Attachments: 1) Amendment No. 9 to the Agreement II) DPI Request to Extend Contract, dated June 11, 2008 III) FY 2007-08 Status Report Attachment I AMENDMENT NO. 9 TO THE AGREEMENT FOR DIAMOND RIDE (DIAL -A -CAB) SERVICES FOR 2008-2009 FISCAL YEAR This Amendment No. 9 to the City's Contract Agreement is made and entered into this 17th day of June, 2008 by and between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as "CITY") and DIVERSIFIED TRANSPORTATION, LLC (hereinafter referred to as "CONTRACTOR"). A. Recitals: (i) The CITY has heretofore entered into an agreement with Diversified Transportation, Inc. to provide Dial -A -Cab services to the eligible elderly and persons with disabilities who reside in Diamond Bar, dated March 2, 1999 ("SAID AGREEMENT" hereinafter). A true and correct copy of which is attached hereto as Exhibit "A". (ii) CONTRACTOR has requested a one-year extension proposal ("PROJECT" hereinafter), a full, true and correct copy of which attached hereto as Exhibit "B" to extend said services for a period of one (1) year. NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR: B. Amendment to Agreement: Section 20 of the original agreement is hereby amended as follows: "20. Term. The term of this Agreement shall commence July 1, 2008 and shall be extended through June 30, 2009". Each party to this Supplemental Agreement acknowledges that no representation by any party which is not embodies herein nor any other agreement, statement, or promise not contained in this Supplement Agreement shall be valid and binding. Any modification of this Supplemental Agreement shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement as of the day and year first set forth above. "CITY" ATTEST: CITY OF DIAMOND BAR am Tommye Cribbins, City Clerk APPROVED AS TO FORM: IN City Attorney 23 Jack Tanaka, Mayor DIVERSIFIED TRANSPORTATION, LLC Duke Perrin, Vice -President Taxicab Operations Attachment I AMENDMENT NO. 9 TO THE AGREEMENT FOR DIAMOND RIDE (DIAL -A -CAB) SERVICES FOR 2008-2009 FISCAL YEAR This Amendment No. 9 to the City's Contract Agreement is made and entered into this 17th day of June, 2008 by and between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as "CITY") and DIVERSIFIED TRANSPORTATION, LLC (hereinafter referred to as "CONTRACTOR"). A. Recitals: (i) The CITY has heretofore entered into an agreement with Diversified Transportation, Inc. to provide Dial -A -Cab services to the eligible elderly and persons with disabilities who reside in Diamond Bar, dated March 2, 1999 ("SAID AGREEMENT" hereinafter). A true and correct copy of which is attached hereto as Exhibit "A". (ii) CONTRACTOR has requested a one-year extension proposal ("PROJECT" hereinafter), a full, true and correct copy of which attached hereto as Exhibit "B" to extend said services for a period of one (1) year. NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR: B. Amendment to Agreement: Section 20 of the original agreement is hereby amended as follows: "20. Term. The term of this Agreement shall commence July 1, 2008 and shall be extended through June 30, 2009". Each party to this Supplemental Agreement acknowledges that no representation by any party which is not embodies herein nor any other agreement, statement, or promise not contained in this Supplement Agreement shall be valid and binding. Any modification of this Supplemental Agreement shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement as of the day and year first set forth above. "CITY" ATTEST: 0 Tommye Cribbins, City Clerk APPROVED AS TO FORM: LIM City Attorney CITY OF DIAMOND BAR Jack Tanaka, Mayor DIVERSIFIED TRANSPORTATION, LLC Duke Perrin, Vice -President Taxicab Operations Page 1 AGREEMENT DIALrA-CAB SERVICES This agreement is made this day of IYD rrh;1999. between the City of Diamond Bar. (hereinafter refen-ed to as the "CITY") and D r v� �(,' DA ar, jYLrj t- , (hereinafter referred to as the "CONTRACTOR"). Whereas, the CITY desires to provide Dial -A -Cab services to the elderly (60 years and older) and persons With disabilities who reside in Diamond Bar. Whereas, CONTRACTOR operates a local taxicab service and is, therefore, capable of providing the Dial -A -Cab service: Now, therefore, CITY and CONTRACTOR agree as follows: 1. Contract Administrators The City Manager or authorized representative, shall be the administrator of this agreement for the City (hereinafter referred to as "City Administrator-). Brian Hunt shall administer this agreement for the contractor, and shall have the authority to bind contractor. 2. Proiect Description - General. CONTRACTOR will pick up and transport eligible passengers upon telephone request within the hours of service id.-ntifred and within the stated geographic boundaries as identified in Exhibit "C" of this Agreement. 3. Services to be Performed by CONTRACTOR CONTRACTOR is responsible for performance of each and all tasks to be performed hereinunder and in accordance with the CONTRACTOR'S proposal attached as Exhibit "A" and the CITY'S Request for Proposals attached as Exhibit "B'. Services to be performed by CON -F ACTOR in connection with the subject of this agreement shall be as follows: a. Accept telephone requests from the eligible public for Dial -A -Cab service and dispatch a taxicab to the pick-up location_ The taxicab shall arrive at the pick-up location within thirty minutes from the time the telephone request was received by CONTRACTOR Only persons displaying a Diamond Bar Diamond Ride Identifrcauon Card issued by the City arc eligible for this service. CONTRACTOR shall coordinate shared rides to the maximum extent possible. C. CITY Dial -A -Cab passengers shall pay a set fare per trip, as determined by the CITY. CONTRACTOR will invoice the CITY for each trip at the City approved taxicab meter rate in effect at that time. The total amount of fares shall be retained by CONTRACTOR and deducted from the billing statement CONTRACTOR may accept fare tickets only if authorized to do so in writing by the CITY. d. CONTRACTOR shall gather ridership data and report such information to the City Administrator on a monthly basis. More frequent reporting will be acceptable. The type of data to be collected shall be determined by the City Administrator. 4. Services to be Performed by the CITY_ In connection with the service and this agreement, the CITY shall: Designate hours of service and geographical boundaries of service. Set public fares for the service. C. Give prompt written notice to CONTRACTOR when the City Administrator observes or otherwise becomes aware of any deficiency in CONTRACTOR'S service. 5. Changes. The CITY reserves the right to order an increase or decrease in the level of service provided with thirty- (30) days written notice. EXtf1Ci17 `•A f Page 2 6. Compensation and Method of Pavment The CITY shall pay CONTRACTOR for scnices at the approved flag drop and per mile rate in effect at the time service is provided under this a collected by CONTRACTOR. plus an admniarari ive fee in an amount equal to 10% of the iin oice arnount� CONTRACTOR shall subunit invoices itemizing Dial -A -Cab nips in the CITY. lnvoixs ,Ajll be re,,iewed and paid by the CITY within thirty calendar days of receipt. If the CITY disputes any items on an unoice for a reasonable cause, CITY may deduct that disputed item from the p237nent but shall not delay pay'rnent for the undisputed portions. 7. RetentiMleview of Records. The contractor will maintain all records pertaining to the Diamond Bar Dial -A -Cab program for a period of 3 years; the City has the right to review the records during re hours upon reasonable notice. The City reserves the sight to audit an futartcial records g pular business Bar Dial -A -Cab progtarn. pertaining to the Diamond 8. Independent Contractor. CONTRACTOR's relationship to the CrIy in performance of this agreement is that of an independent contractor. Tire personnel performing services under this agreement shall at all times be under CONTRACTOR'S exclusive direction and control. CONTRACTOR shall pay all wages salaries, and other amounts due such personnel in connection with this agreement; andshall be ible for all obligations respecting them such as social security, income tax withholdinresporsreports and worker's compensation insurance. g, be compensation, and 9. Permits and Licenses. CONTRACTOR shall maintain m force during licenses and permthe contractits required by law for the operation of CON RACTOR's business Diamond Bar, period applicable business license. 10. Insurance. During the term of this agreement, CONTRACTOR shall procure and ataintain the following insurance form a company acceptable to the City as described below: A. Worker's Compensation insurance with State of California statutory limits and ernplovcr's liability insurance with limits of not less than S1,000,000 per accident. Worker's Compensati all emplovees and independent Contractor drivers. on shall cover B. Comprehensive general liability insurance with a combined S 1,000,000 per occurrence. single limit of not less than C. Commercial Automobile Iiability insurance with a combined single limit of not Iess than S 1,000,000 per occurrence. Such insurance shall: Include coverage of all vehicles used in this service Name the City, its elected and appointed officiFis, o6tcers additional insured. , employees, and agents as Be primary for all purposes. Contain standard cross -liability provisions. COCTOR shall name the CITY additional insured on said such insurance S h politic shall provide that they may of be cancelled wirhl u at )easicies and shall Provide evidence of to the CITY. ( )days written notice If Contractor, for any reason, fails to maintain insurance coverage which is required patsvant to this Agreement. the same shall be deemed a material breach of contract. City at its sole option, may forthwith temtinate this agreement and obtain damages from the Contractor resulting from said breach; alternatively. Ci may such required insurance coverage, and without further notice to Contractor, City may deduct from Y pufittato Contractor to pay any premium costs needed to maintain insurance aurin sums ane to g performance. EXH161-r`rt s Page 3 11. Worker's Comncnsation CONTRACTOR certifies that it is await of the Provisions Code of the State of California of the Labor ia which requires eveemployer to be insured agar of for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before: commencing the performance of the work of this agreemeru. 12. Non -Discrimination and Eoual Emalovment O000ttunin A. Contractor 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 regulation of Crty 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 deof compensation; and selection for training including apprenticeship. B. Connector will, in all solicitation or advertisements for employees placed by or on behalf of Contractor 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 static, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. 13. Governing Law. This contract shall be interpreted, construed and enforced in accordance with the laws of the State of California 14. Endre Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiatioru, representation or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in writing sighed 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 Ciry Clerk. 15. Mediation. Any dispute or controversy arising under this Agreement, or in conation with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation A third party, neutral mediation service shall be selected_ as agreed upon by the parties and the costs and expenses equalh• by the parties hereto. In the event the parties are unable to mutually xted agree upon the ediator too besel hereunder. the Cin Council shall select such a neutral third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submined to mediation. It is specifically understood and agreed by the parties hereto that refeof ch rral any su dispute or controversy', and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 16. Indemnity. CONTRACTOR shall indemnify and hold the CITY harmless from 111 claims, damages or liability, including all reasonable attorneys, fees and other costs incurred in defending any claims arising out of or to connection with the services performed by CONTRACTOR under this agreement. Such indemnity shall extend. but not be limited to, claims, damages, and liability arising from injuries or damages to person or property, provided that the obligation to indemnify shall not extend to claims, damages, or liability arising solely from the negligence or misconduct of the CITY or its officers, agents, or employees. 17. Notices. All notices herein required shall be in writing registered mail, postage prepaid g and delivered in person or sent by Notice required to be given to the CITY shall be addressed as follows: Terrence L. Belanger, City Manager CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 EXHt1317 'A Page 4 Noti(X required to be given to CONTRACTOR shall be addressed as follows: Brian Hunt President Diversified Parat ansit, Inc. 1400 East Mission Blvd. Pomona CA 9I766 18. Termination The City may terminate this agreement at any time with or Without cause by giving shim (30) days written notice to the CONTRACTOR CONTRACTOR shall be compensated based upon the work, which has been completed, and CONTRACTOR shall be entitled to no further compensanoa 19. Assiznment This agreement shall not be assigned without written consent of the CTN. 20. Term. The term of this Agreement shall be from Aryl 1. 1999 through June 30, 2000: IN WITNESS WHEREOF, this agreement was executed on the day and year first mentioned above. CONTRACTOR Signature of Authorized Official D: n . Company CITY OF DIAMOND BAR Mayor ATTEST: - Cin- Clerk ,_Approved as to ForO L-A City Anomey 4 ATTACHMENT II YELLOW CAB CO. JUNE 11 th 2008 Mr. David Liu Director of Public Works City of Diamond Bar 21685 Copley Drive Diamond Bar, CA 91765 Dear Mr. Liu We enjoy working with the City of Diamond Bar and providing services to its residents. It is our goal to provide exceptional service. We are working on improvements to better serve the growing number of residents using the Diamond Ride Service. We are grateful for the opportunity to provide this service and would like to continue the Diamond Ride Contract arrangement through the fiscal 2008-2009 under the same terms. Thank you for your consideration and please let me know if I may provide any additional information. We would also like to request a meter rate increase. Currently, our meter rates are $2.20 initial cost and $2.20 per mile. . Our request is for an initial cost of 2.50 and a per mile cost of 2.50 per mile. (.45 each 1/6"' of a mile) The company and drivers have been very patient during this fuel price, holding on to the hope that we would not find it necessary to request and increase. It is important for the City to understand that a request for an increase in rates is the last thing a taxicab operator ever wants to do. Exhibit "A" is a list of taxicab rates in Southland Cities. As illustrated, Yellow Cab was the last company to ask for an increase in Southern California. Our new increase will place us in line with other companies in the Southland. Please be aware that many of these taxicab companies are in the stages of assimilating data that would raise the price of a taxicab to in excess of $3.00 per mile. Exhibit `B" has several fuel price sources that indicate the rise in fuel prices. We feel it is important for the Mayor and Council to understand that the price of fuel is only part of the financial impact that we have to endure. Many of our vehicle components are petroleum based. Such parts as tires, glass, fan belts, and all rubber products like molding, bumpers and body trim. Our vehicle replacement parts have escalated more than 20%. More than 90% of the proceeds of this increase will go to the drivers. The impact on their costs has been dramatic. Fuel prices have escalated approximately 1.50 (61%) since our last rate increase in 2005. Our requested per mile raise provides our drivers an increase of 13.5%. Yellow Cab has not been status quo during the last two years. Since being purchased by a large transportation company, they have spent nearly a million dollars on a new computerized dispatch system to better serve our public and have improved the fleet appearance with over 50% of the fleet either being replaced or refurbished. In addition, we are replacing the older cars in our fleet with 40, new Crown Victoria Fords that run on Compressed Natural Gas. Yellow Cab would appreciate any effort on behalf of the City to expedite this process. Several of our long time, valued drivers have indicated they can no longer survive and are looking for other work. This is not in the best interest of Yellow Cab or the City. Thank you for your consideration. I will be personally standing by to assist you in any way possible. Appreciatively, Rudy Munoz General Manager DRide Stat 2007-08 DIAMOND RIDE DIAL -A -CAB STATUS REPORT For Fiscal Year 2007-2008 Month Ttl Rider Seniors Disabled Other- Companion Shared Ride Weekday Rider Weekend Rider Ttl Trip In City Rider Out of City Rider Avg Mile per Trip Net Cost per Trip Net Cost per Rider Net Monthly Cost Jul 07 Y Aug 07- Sept 07 Oct 07 *NOV 07 -- *Dec 07 1,659 ! 1,699 1 1,602 ~1,705 1,860' 1,581 1,378 262 19 71 184 234 120 34 14 _ 18 19 16 I 9 - 17 736 - 64 1,376 1,444 1,332 1,486 1,566 1,247 1,746 - 1,730 1,841 1,998 993- 16,759 - 1,457 283 255 270 219 294 -- 334 278 290 350 292 142 T 3,007 261 1,432 1,395 1,302 1,516 1,672 1,406 1,856 - ' 1 -- 1,998 I 2,098 1,004 17,488 i�1,521 809 850 7.7 $21.48 $18.54 $30,762.60 - 768 931 8.4 $22.49 $18.47 $31,379.04 810 792 8.2 $22._6.5_ $18.41 $29,488.52 I 828 877 8.1 $21.90 $19.48 $33,206.08 905 955 7.9 $21.91 $19.70 $36,635.06 525 1,056 8.9 $24.19 $21.51 $34,005.40 1,064 960 7.1 $20.34 $18.65 $37,746.39 - -_ 1,064 956 7.2 $20.52 $18.38 $37,126.15 i 1,231 _ I 960 7.1 $20.36 $18.57 $40,679.70 1,225 1065 7.3 $20.80 $19.06 '�, $43,645.69 + 592 543 7.1 $20.25 $17.91 $20,326.24 ' 9,821 9,945 85 237 209 $375,000.87 854 865 7.4 $21.44 $18.97 $32,608.77 1,354 319 26 1,297 ( 275 30 1,310 369 26 1,474 355 31 1,196 360 25 *Jan 08 11 2,024': 1,616 380 28 Feb 08 2,020 Mar 0 2,191 Apr 08 2,290 May 08 1,135- 1,590 � 409 21 � 1,766 1,846 389 416 36 28 879 237 19 ***Jun 08 Total 19,766 - li - Average 1,719 15,706 3,771 190 - - � 25 1,366 328 I *Months of November, December and January do not include Holiday Ride ** Month of May only available from 5/1-5/15 *** Month of June stats not available yet. (exc for 2007/2008 fiscal year e DRideideiamond Ride) Status 07108 CITY COUNCIL Agenda # 6. 6 (h ) Meeting Date: June 17, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: REALLOCATE PROP 1B FUNDS IN THE AMOUNT OF $350,000.00 TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2007-2008; APPROVE PLANS AND SPECIFICATIONS; DECLARE THE BID SUBMITTED BY DOUG MARTIN CONTRACTING CO. NOW RESPONSIVE AND AWARD THE CONSTRUCTION CONTRACT FOR THE RESIDENTIAL AREA 4 AND ARTERIAL ZONE 2 ROAD MAINTENANCE PROJECT TO AMERICAN ASPHALT SOUTH, INC. IN THE AMOUNT OF $1,712,430.50; AND AUTHORIZE A CONTINGENCY AMOUNT OF $102,745.83 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $1,815,176.33. RECOMMENDATION: Reallocate, approve, declare and award. FISCAL IMPACT: As part of the FY 2007-08 Capital Improvement Program, $823,389.00 of General Funds was budgeted for the Residential Area 4 Slurry Seal/Chip Seal Project and $276,611.00 of General Funds with an additional $293,389.00 of Prop 1B funds was directed towards the Arterial Zone 2 Slurry Seal/Chip Seal Project for a total allocation of $1,393,389.00 for design, construction administration and construction. To date approximately $78,036.00 has been encumbered for design and construction administration services with a contingency amount of $7,800.00 reserved. To be cost effective, the design and construction administration contract was combined as one contract for both the Area 4 and Zone 2 projects. The construction contract will also be issued as one contract for both Area 4 and Zone 2. There is approximately $1,307,553.00 remaining in the current budget. As shown in the attached table, un -used general funds (savings) in the amount of $172,576.55 from the 2007-2008 CIP Program budget for three projects will be re -directed towards the Area 4/Zone 2 Project. The reallocation of $350,000.00 of Prop 1 B funds will be directed from the CIP Phase III Traffic Signal Interconnect Project. Residential Area 4 and Arterial Zone 2 Road Maintenance Pro ram FY 2007-2008 Bud et Encumbrance Balance Residential Area 4 General Fund $823,389.00 $823,389.00 Arterial Zone 2 General Funds $276,611.00 $1,100,000.00 Prop 1 B Funds $293,389.00 $1,393,389.00 Norris-Repke Design and Construction Administration $78,036.00 $1,315,353.00 Norris -Re ke Contingency $7,800.00 $1,307,553.00 Remaining budget from Prospectors Project $92,576.55 $1,400,129.55 Lycoming/Lemon Ave. Design Savings $30,000.00 $1,430,129.55 Grand Ave. Beautification Savings $50,000.00 $1,480,129.55 Additional Design Budget requested by Norris-Repke less the contingency $11,390.00 $1,468,739.55 American Asphalt South, Inc. Contract $1,712,430.50 $243,690.95 American Asphalt South, Inc. Contingency 6% $102,745.83 $346,436.78 Re -allocate Prop 1 B Funds $350,000.00 $3,563.22 To fully construct the Residential Area 4 and Arterial Zone 2 improvements at a cost of $1,712,430.50, an allocation of $350,000 is required. Note that American Asphalt South, Inc.'s bid received was $57,569.50 lower than the Engineer's Estimate of $1,770,000. BACKGROUND/DISCUSSION: The Residential Area 4 and Arterial Zone 2 Road Maintenance Project, with an approximate residential centerline mileage of 14 miles and an arterial centerline mileage of 3 miles, is the fourth year of the residential seven-year slurry seal program and second year of the arterial seven-year slurry seal program. A map of Area 4 and Zone 2 is attached for your information. The majority of roadways within Residential Area 4 were identified to be in very poor pavement conditions. Due to these poor pavement conditions, a slurry seal will not be an effective pavement maintenance treatment. Therefore, in addition to the normal slurry seal treatment to the roadway, fifty-three (53) residential roadway segments have been selected to receive a traditional chip seal treatment and twenty (20) residential -2- roadways have been selected to receive a modified binder seal coat (hot rubber chip seal) treatment which will extend the life of the roadway up to seven (7) years. Both the traditional chip seal treatment and the modified binder seal coat are considered much more cost effective than a grind and overlay treatment of failed roadways. Both have been proven to be successful road surfacing treatments throughout California. The chip seal consists of a thin layer of emulsion being placed over existing pavement and a layer of aggregate applied over the emulsion. The modified binder seal coat also applies a thin layer of emulsion over the existing pavement but the aggregates are mixed with a rubberized binder prior to application over the emulsion. A slurry seal is applied over both types of aggregates creating a "cape seal". In addition to the residential roadways, last year the City embarked on a slurry seal program for the arterial roadway network that carries the majority of the City's vehicular traffic. A preventative program such as a slurry seal has the advantage of preventing rapid deterioration of the roadways by sealing cracks and conducting rehabilitation in localized areas of the roadway on a seven-year cycle. This year, portions of the selected arterial roadways will receive either a traditional chip seal or a grind and overlay to improve the conditions and extend the overall life of the pavement. The arterial roadways that have been selected to be completed this fiscal year are Golden Springs Drive from Lavender Drive to Brea Canyon Road and Diamond Bar Blvd. from Mountain Laurel to Pathfinder Road. Pathfinder Road is currently identified as an arterial roadway in Zone 2 but has been deferred to Fiscal Year 2008-2009 Capital Improvement Program and will not be completed with this project. With the completion of the plans and specifications, the project was advertised for bids on April 29, 2008 with a bid opening of May 29, 2008. Addendum No. 1 was issued on the project extending the bid opening to June 5 due to a change in the scope of work. A second addendum was issued superseding Addendum No. 1, changing the scope of work a second time and extending the bid to June 11, 2008. Seven (7) bids were received and opened publicly at 3:00pm on June 11, 2008. The lowest bidder was Doug Martin Contracting Company, Inc. Review of the bids after the bid opening revealed that a subcontractor intended to be used by Doug Martin Contracting Company, Inc. was not listed as required by the Public Contract Code. Since Doug Martin Contracting Company, Inc.'s bid did not comply with the Public Contract Code Section 4101 which requires all subcontractors doing work in excess of one-half ('/z) percent of one (1) percent of the total bid shall be designated on the bid, the City will declare it non- responsive and award to the second lowest bidder, American Asphalt South, Inc. The bids received were as follows: Company Bid Amount 1. Doug Martin Contracting Co. $1,696,123.90 2. American Asphalt South, Inc. $1,712,430.50 3. Manhole Adjusting, Inc. $1,719,094.60 4. Pavement Coasting, Co. $1,727,589.90 5. All American Asphalt $1,783,783.00 6. Roy Allen Slurry Seal, Inc. $1,808,317.80 7. Sequel Contractors Inc. $1,859,637.00 -3- Staff has verified the contractor state license and found it to be valid. References were checked for similar work completed and American Asphalt South, Inc.. has satisfactorily completed many slurry seal projects in other Los Angeles, Orange, and San Bernardino County Cities. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Kimberly Molina, Associate Engineer REVIE/WE David e Liu, P.E. Director of Public Works June 17, 2008 July 14, 2008 September 16, 2008 Date Prepared: June 12, 2008 ATTACHMENTS: Exhibit A -Residential Area Map Exhibit B -Arterial Zone Map CONTRACTOR AGREEMENT -4- Citywide Residential Slurry Seal Program EXHIBIT A Citywide Arterial Slurry Seal Program Fes: . 1 _1hi_1 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between American Asphalt South, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR American Asphalt South, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Area 4 Residential and Zone 2 Arterial Road Maintenance Proiect in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Area 4 Residential and Zone 2 Arterial Road Maintenance Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated May 2008 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated June 9, 2008, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within Forty -Five (45) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 9, 2008. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. CITY COUNCIL Agenda # 6 _ h (i ) Meeting Date: June 17, 2008 AGENDA REPORT TO: Honorable Mayor and Members of Ae City Council 1' VIA: James DeStefano, City Mana_ey TITLE: AMEND DESIGN SERVICES CONTRACT WITH NORRIS-REPKE FOR RESIDENTIAL AREA 4 AND ARTERIAL ZONE 2 ROAD MAINTENANCE PROJECT IN THE AMOUNT OF $11,390. RECOMMENDATION: Approve and amend contract. FISCAL IMPACT: As part of the FY 2007-08 Capital Improvement Program, $823,389.00 of General Funds was budgeted for the Residential Area 4 Slurry Seal/Chip Seal Project and $276,611.00 of General Funds with an additional $293,389.00 of Prop 1 B funds was directed towards the Arterial Zone 2 Slurry Seal/Chip Seal Project for a total allocation of $1,393,389.00 for design, construction administration and construction. To date approximately $78,036.00 has been encumbered for design and construction administration services with a contingency amount of $7,800.00 reserved. To be cost effective, the design and construction administration contract was combined as one contract for both the Area 4 and Zone 2 projects. The construction contract will also be issued as one contract for both Area 4 and Zone 2. There is approximately $1,307,553.00 remaining in the current budget. As shown in the attached table, un -used general funds in the amount of $172,576.55 from the 2007-2008 CIP Program budget for three projects will be re -directed towards the Area 4/Zone 2 Project. The reallocation of $350,000.00 of Prop 1 B funds will be directed from the CIP Phase III Traffic Signal Interconnect Project. Residential Area 4 and Arterial Zone 2 Road Maintenance Pro ram FY 2007-2008 Budget Encumbrance Balance Residential Area 4 General Fund $823,389.00 $823,389.00 Arterial Zone 2 General Funds $276,611.00 $1,100,000.00 Prop 1 B Funds $293,389.00 $1,393,389.00 Norris-Repke Design and Construction Administration $78,036.00 $1,315,353.00 Norris -Re ke Contingency $7,800.00 $1,307,553.00 Remaining budget from Prospectors Project $92,576.55 $1,400,129.55 Lycoming/Lemon Ave. Design Savings $30,000.00 $1,430,129.55 Grand Ave. Beautification Savings $50,000.00 $1,480,129.55 Additional Design Budget requested by Norris-Repke less the contingency $11,390.00 $1,468,739.55 American Asphalt South, Inc. Contract $1,712,430.50 $243,690.95 American Asphalt South, Inc. Contingency 6% $102,745.83 $346,436.78 Re -allocate Prop 1 B Funds $350,000.00 $3,563.22 BACKGROUND/DISCUSSION: On January 17, 2007, Council approved a three year design and construction administration contract with Norris-Repke for the Slurry Seal Citywide Program. The scope of services included preparation of plans, specifications and engineering estimates as well as all construction administration services. The existing contract exists in the amount of $25, 536 for design and $52,500 for construction administration services for a total contract amount of $78,036 with a contingency reserved in the amount of $7,800 for contract change orders. On May 16, 2008, Norris-Repke submitted a proposal for additional design services and submitted a revised request on June 3, 2008 due to an error in their accounting which ultimately decreased the amount of the contract amendment. These services include review and analysis of several different treatment options that could be used in the 2007- 2008 Area 4/Zone 2 Road Maintenance Program. Due to the increasingly high cost of oil and several deteriorated roadways in Area 4, the proposed cost estimate of the first design proposed by Norris-Repke far exceeded the budget for construction. Staff requested that Norris-Repke review and analyze alternate treatment methods that would decrease the impact on the budget. This required additional staff resources to complete the analysis and present staff with the final proposal of a traditional chip seal and a modified binder seal coat (Hot Rubber Chip Seal). Due to the change in proposed construction methods additional budget for material testing was also requested. The revised budget request includes: Additional Design Services $14,190.00 Additional Material Testing Services $5,000.00 Less the existing contingency amount ($7,800.00) Total Contract Amendment $11,390.00 Plans and specifications have already gone out to bid and a proposed construction contract is being presented for Council's consent at the June 17, 2008 meeting. The construction schedule of this project is as follows: Award of Construction Contract Start of Construction Completion of Construction PREPARED BY: Kimberly Molina, Associate Engineer REVIEWED David G. Liu, P.E. Director of Public Works June 17, 2008 July 14, 2008 September 16, 2008 Date Prepared: June 12, 2008 ATTACHMENTS: Contract Amendment for Norris-Repke Proposal by Norris-Repke Dated May 16, 2008 Revised Proposal by Norris Repke Dated June 3, 2008 AMENDMENT NO. 01 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 01 is made and entered into this 17th day of June 2008, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and NORRIS-REPKE (hereinafter referred to as "CONSULTANT"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide Professional Consulting Services, which the Agreement was dated January 16, 2007. (ii.) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "B" to provide engineering services for the Residential Area 4 and Arterial Zone 2 Roadway Maintenance Project. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated November 17, 2006, Exhibit "B", dated May 16, 2008 and Exhibit "C", dated June 3, 2008, for the design engineering services for the Residential Area 4 and Arterial Zone 2 Roadway Maintenance Project." Section 2: Section 3 of the Agreement is hereby amended to read as follows: Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of Agency in compliance with the schedule set forth in Exhibit "A", Exhibit "B" and Exhibit "C". Payment will be made only after submission of proper invoices in the form specified by City. Section 3: Each party to this Amendment No. 01 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 01 shall be valid and binding. Any modification of this Amendment No. 01 shall be effective only if it is in writing signed by the parties. Total payment to Consultant pursuant to this Agreement shall not exceed $11,390 dollars." IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 01 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: By: City Attorney ATTEST: CITY OF DIAMOND BAR Tommye A. Cribbins, City Clerk Jack Tanaka, Mayor NORR&W& SECTION 3: SCOPE OF SERVICES A DESIGN PHASEA ORIENTATION/DATA COLLECTION (PRELIMINARY ENGINEERING) ✓ Review project scope and meet with City to determine requirements and procedures for design, review, coordination and meetings. ✓ Research all information, plans, aerials, utility information, etc. ✓ Prepare preliminary utility notifications and requests for utility records for the existing utilities within the project limits. ✓ Perform a preliminary field investigation to review the proposed rehabilitation strategies. ✓ Prepare a letter report of the results of the field investigation and identify any discrepancies with the proposed strategies. ✓ Meet with City staff to discuss and agree on rehabilitation strategy for each street. II. PRELIMINARY DESIGN 1. Street Maps Prepare 11" x 17" location maps identifying the limits of the streets included in the slurry seal project. The location maps will be included in the project specifications along with maps identifying the City's solid waste pickup and street sweeping schedules. 2. Develop plans and tables Prepare 8-'/z inch by 11 -inch size sheets for the project showing ARAM and slurry seal tables for all the streets, cul-de-sacs, existing striping and pavement markers inventory, existing curbs radii, area of resurfacing, areas of localized reconstruction of damaged pavement, and concrete channels and cross gutters for the streets to be slurried. 3. Specifications Prepare complete project specifications including general conditions, bid proposal and special provisions. Specifications would be based on the City standard boilerplates and will be prepared in Microsoft Word format. 4. Cost Estimate An itemized construction bid proposal and cost estimate will be prepared in Microsoft Excel spreadsheet format that conveniently adapts into a contractor's bid abstract spreadsheet. 5. Utility Coordination Norris-Repke has developed a complete utility coordination and notification procedure based on our experience with public works projects. A simplified procedure is required for this project. The following activities will be performed: ✓ Submit a notice with street locations to utility companies requesting verification of receipt and any work on their facilities to be completed prior to construction. Use standard letter and return questionnaire form. ✓ Follow up where required 6. Signing, Striping and Pavement Markers Tables For the slurry seal of local streets, the contractor may be required to prepare and submit a field inventory of the existing conditions for replacement prior to the application of the slurry seal. 7. Preliminary Documents Prepare preliminary street resurfacing maps and tables, engineer's estimate, specifications package, including bid documents and contract documents, in the City -approved format for review and comment. III. FINAL DESIGN (CONSTRUCTION DOCUMENTS) ✓ Meet with City staff to review the City's comments on the PS&E and revise in a timely manner. ✓ Upon approval, submit original PS&E to the City for the City's use for bidding purposes. PS&E will be saved onto CD -R with Engineer's Estimate in Microsoft Excel format. ✓ Be available to answer questions and inquiries during the biding process and construction phase. ✓ Submit two (2) copies of the approved plans to each of the affected utility companies. Engineering Services Proposal Page 14 of 25 Citywide Slurry Seal Improvements SECTION 3: SCOPE OF SERVICES CONSTRUCTION ADMINISTRATION/INSPECTION PHASE Norris-Repke separates its Construction Observation Services into three following phases: Pre -Construction, Construction and Post -Construction unless otherwise advised by the City: PRE -CONSTRUCTION ✓ Review by Project Manager and Observer of construction related documents, including Construction Plans, Specifications, Applicable Standard Plans, Construction Schedule, and Utility Notifications and Conflicts. ✓ Perform Site Evaluation as well as sidewalk and concrete reconstruction work areas with Project Engineer. ✓ Attend pre -construction conference with City staff and Contractor, including notification to Contractor, utility agencies, street sweeping, trash collection, prepare meeting agenda and minutes. ✓ Set up project files and formulate team approach for project with City Staff. CONSTRUCTION ✓ Provide a combination of full time and part time Construction Observation as directed by the City and limited to the number of hours included in the proposed fee. ✓ Attend Construction job -site meetings with City staff, Engineer and Contractor. (As Required) ✓ Utility Company Coordination. ✓ Maintain Daily Observation Report, including work performed, contractor work force, equipment and visitors to the site. The report shall also outline discussions with the public, Contractor, City staff, and details of instructions or agreements with the Contractor. Submit daily reports to City Director of Public Works. Submit entire log to City at project completion. ✓ Verify and sign contractor's daily extra work reports documenting force account (time and materials) work. ✓ Prepare weekly statement of working days documenting the construction progress, time of completion, delays and time extensions. ✓ Evaluate Construction operation with respect to quality, progress and schedule. ✓ Review Project Site traffic control. ✓ Coordinate Contractor's field activities to minimize inconvenience to the adjacent businesses and residences. ✓ Review and recommend Contractor's mix design ✓ Coordinate activities of Testing Lab. Attach copies of the test or work results to daily report. ✓ Coordinate and inspect on-site and laboratory testing of material and attach copies of the test results to daily report. ✓ Evaluate construction safety, public safety and convenience, and report to City. ✓ Interface with the public and address public complaints and or concerns. ✓ Maintain project records and information for "as -built" plan markups. ✓ Review contractor payment requests to verify field quantities and provide City with recommendations. ✓ Review contractor's Certified payroll for conformance of prevailing wages. ✓ Review Contractor's change order request, notify and provide assistance to the City in the preparation and negotiation of all change orders. ✓ Review approved revisions made to the plans and specifications and follow-up on Contractor action. ✓ Maintain daily information for as -built plan markups. ✓ Conduct pre -final inspection and prepare written Punch List documenting incomplete or corrective work. ✓ Field investigation and inventory of curb and gutter and sidewalks and classify their conditions under two different categories (tier): • Tier 1: Tripping Hazard requiring complete removal and reconstruction • Tier 2: Grinding of the sidewalk and/or top of curb III. POST -CONSTRUCTION ✓ Perform final Observation and prepare punch list (Final Inspection Correction List). ✓ Monitor completion of punch list and report to City. ✓ Review final quantities and prepare "as -built" plans. .401 AWEngineering Services Proposal Page 95 of 25 Citywide Slurry Seal Improvements SECTION 3: SCOPE OF SERVICES ✓ Recommend project for final acceptance. ✓ Submit project construction records and "as -built" plans to City. All work will be in compliance with approved plans, specifications, Caltrans, state and city regulations, Greenbook, WATCH Manual, local ordinances and standards. At the close of the project, the Observer will provide the City Engineer with a written recommendation for acceptance of the work and the project files. SERVICES PROVIDED BY THE CITY The City will provide the following services: 1. Provide engineering and reproduction services for bidding and construction observation requirements. 2. Provide processing, approval, or permits as may be required by other governing or utility agencies. 3. Any available existing street and utility plans PRO -ACTIVE RESIDENT INFORMATION PROGRAM AND PUBLIC RELATIONS The development of an effective public information program for this project will assist in reducing inquiries and complaints during the construction phase. The public relations lessons we have learned from previous similar projects will allow us to provide a Pro -Active Resident Communication Program. This program is the result of informal public surveys conducted after completion of similar projects throughout the greater Los Angeles area to discuss construction with local residents. There are many ways to phase and schedule the construction work on a particular project. The information secured from residents provided us with a better understanding of issues most affected by the construction process. Specific improvements to be incorporated into the projects of this magnitude include: • Project Hotline • Schedule and updates on the City's website • Project auto response E-mail • Coordination with trash pick up • Tighter scheduled construction on individual streets • Avoid clustered approach during construction. This can be accomplished by mandating the contractor to perform construction on the streets per a pre -determined plan with some flexibility. • Require and enforce the contractor to submit weekly activity schedule and communicate this schedule to the City, residents and other affected parties. • Early introduction flyer mailed to affected property owners As with past projects, informational bulletins will be prepared and provided for distribution to the adjacent property owners. Additionally, the contractor will be required to distribute door hangers with specific project schedules during the construction phase. Communication between Norris-Repke, City staff, and the adjacent property owners will be at the highest level throughout the project process. The Pro -Active Resident Communication Program will go a long way to meeting many of these needs. In addition to these efforts, the following will be performed to ensure that a high level of communication with the design team and City staff is maintained: • Written weekly status reports including the schedule for following week • Norris-Repke team meetings • Meetings with City staff at appropriate intervals We have considerable experience in the development and implementation of effective public information programs. This will be a valuable asset to the project success. Engineering Services Proposal Page 16 of 25 Citywide Slurry Seal Improvements JORRIS-REPKE --3017 City of Diamond Bar Citywide Slurry Project Residential Slurry Areas 3, 4, 5 Arterial Zones 1, 2, 3 Cost Breakdown pp -C _ yT A s• N Y, `4t�: t5 ¢, of i, tH, 3f F, 1 q M1�,3iA i•t„Urt-ia3-xa �T�4SKS�&t�,�' e �' X �• f 5 -4` Sr PWiObservsr+r4:D re _ Manae 1 - ry ''K'•u �"C .,.A� s���� 'k.1:.!"G�.,�.t�ryr�t{�t�i�>`��:��*l%{^t'gh,...'!?`�� li..-9 $95 $140 CONSTRUCTION ADMINISTRATION & INSPECTION -M7,OOO.00 840.00 Task 0. Pre -construction Meeting 6 81,320.OD 4 Task 1. Review PS&E and Field Verify —34,100.00 300 Task 2. Construction Admin. &Observation 40 243,400.00 Task 3. C&G and Sidewalk Inventory Reporting 8 3,400.00 Task 4. Project Close-out and As-Builts 8 24 7,000.00 Task 5.Material Testing SLURRY AREA 3 & ARTERIAL ZONE 1 TOTAL (FY 06107) 66 356 $ 7,000.00 $ 50,060.00 $ 52,500.00 SLURRY AREA 4 & ARTERIAL ZONE 2 TOTAL (FY 07108) $ 55,100.00 SLURRY AREA 5 & ARTERIAL ZONE 3 TOTAL (FY 08109) $ 157,660.00 GRAND TOTAL FOR 3 YEARS 1 1 /1 7 2006 3 01 7 CM Task TabWAx November, 2006 �Xt�1181T SECTION 6: FEES Norris-Repke proposes to provide the services for the total not to exceed fees presented below. A breakdown of tasks and man-hour per task for each project for each fiscal year is presented on the following pages for your information and use in evaluating this fee. We used FY 06/07 as the base fee and applied 5% CPI adjustment to derive the fees for 07/08 and 08/09 fiscal years. These fees should be considered as a negotiable offer. We are happy to discuss these fees and their association to our proposed scope of work and make revisions where mutually agreeable. It is noted in the City's RFP that this contract is expected to last approximately three years for the addition of one area or zone per year. In the event that Norris-Repke modifies its Schedule of Standard Hourly Rates the City will be notified in advance. NOT TO EXCEED FEE (DESIGN) FOR THREE YEARS................................................................. $76,669.00 NOT TO EXCEED FEE (CONSTRUCTION MANAGEMENT) FOR THREE YEARS ...................... $157,660.00 Fees will be invoiced monthly based on actual time expended. Outside agency fees are not included in the proposed fee. Additional services will be provided at current hourly rates. A copy of our current Schedule of Standard Hourly Rates is attached. We appreciate this opportunity to be of service to the City of Diamond Bar and look forward to a successful project. Statement Certifying Insurance Coverage Norris-Repke understands the importance of maintaining premium levels of liability insurance and maintains policies that meet or exceed most industry standards for consulting services. Our staff has reviewed your agreement for consulting services in depth with our insurance carrier and believe our coverage more than adequately meets the City's requirements. Evidence of coverage is included on the following pages. Engineering Services Proposal Page 19 of 25 Citywide Slurry Seal Improvements NORRIS REPKE P-3017 City of Diamond Bar November, 2006 Citywide Slurry Seal Project Design Services Cost Breakdown Residential Slurry Areas 3,.4, 5 Arterial Zones 1, 2, 3 11117120063017 Design Task Ta61e.XIS -(� iORRIS- Engineers & Land Surveyors EXHIC IT - Kimberly Molina Associate Engineer City of Diamond Bar Public Works Department 21825 Copley Drive Diamond Bar, CA 91765 SUBJECT: REQUEST TO AMEND ENGINEERING SERVICES CONTRACT (CITY P.O. NO.: 080189) Dear Kimberly, As we discussed over the phone, Norris Repke is hereby requesting to amend our current engineering services contract for Area 4 Residential / Zone 2 Arterial Streets Maintenance Project by $45,500. Background: Under our current contract with the City of Diamond Bar, the fees for Engineering Design and Construction Management & Inspection Services are at $25,536 and $52,500 respectively (total $78,036). As off end of April 2008, the balance in our contract with the City was approximately $12,000. Discussion: During the design phase, the scope of design changed several times and various repair strategies were considered due to the City budget constraints. Staff had to revisit the streets to investigate the suitability of various repair scenarios and investigate the fit for each street, hence exhausting the budget for design services. The Engineer's Estimate for this project is currently at $1,770,000 (the last year project was around $1,000,000) this would make the ratio of fee for Design and Construction Management Services combined to the project construction cost a mere 4.4%, which is substantially low based on the current industry standards. The breakdown of requested additional engineering services fee, based on 45 working days for construction, is as follows: Construction Management & Inspection (per our fee proposal) Estimated additional material testing due to increase in scope Less current contract balance TEL: 714-973-2230 FAX: 714-973-2263 WWW: www.norrisrepke.com 400 North Tustin Avenue, Suite 230, Santa Ana, CA 92705 Should the City amend our contract by the requested amount, the total fee for design and construction management services would be $123,536, which is approximately 7% of the projected construction cost. We have a sincere desire to be a continued part of the City of Diamond Bar team and truly believe that we can exceed your expectations in doing so. If you have any questions or need more information, please don't hesitate to contact me immediately. We are more than happy to discuss the issues with the City. a g6l, Kamran Saber, Principal / iORM Engineers &Land Surveyors June 3, 2008 F�:x H ► et r A Kimberly Molina, PE Associate Engineer Public Works Department City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 SUBJECT: IDENTIAL/ ZONE 2 ARTERIAL STREET MAINTENANCE PROJECTREA 4 S REQUEST TO AMEND ENGINEERING SERVICES CONTRACT (REVISED) -(CITY P.O. NO.: 080189) Dear Kimberly, This is to inform you that after further and careful review of the accounting documents for the subject project, it was determined that, unfortunately, an error has been made on reporting the contract balance amount. The correct amount for contract balance as of end of April 2008 is 121310. We are deeply sorry for committing this inadvertent mistake and hereby request the City to amend our current contract amount by $14,190. Background Under our current contract with the City of Diamond Bar, the fees for Engineering Design and Construction Management & Inspection Services are at $25,536 and $52,500 respectively (total $78,036). Discussion During the design phase, the scope of design changed several times and various repair strategies were considered due to the City budget constraints. Staff had to revisit the streets to investigate the suitability of various repair scenarios and investigate the fit for each street, hence exhausting the budget for design services. Should the City amend our contract by the requested amount, the total contract amount for design and construction and inspection services for the project would be $92,226. Once again, we apologize for any inconvenience this may have caused and look forward to being a continued part of the City of Diamond Bar team and becoming consultant of your choice. If you have any questions or need more information, please don't hesitate to contact me immediately. We are more than happy to discuss the issues with the City. Sincer Kamran Saber, PE Principal/Project Manager TEL 714-973-2230 FAX: 714-973-2263 WWW: www.rorrisrepke.com 400 North Tustin Avenue, Suite 230, Santa Ana, CA 92705 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 784969, A Classification American Asphalt South, Inc. 14436 Santa Ana Avenue Fontana, CA 92337 TITLE Date CITY OF DIAMOND BAR, CALIFORNIA By: Jack Tanaka, MAYOR Date ATTEST: By: TOMMYE A. CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone 909-427-8276 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date Agenda # 6.7 ( a ) Meeting Date: June 17, 2008 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma r TITLE: Approval of a one (1) year contra t with The ComDyn group, Inc. (ComDyn), for the purchase of Security Related professional/technical services, and GIS related professional/technical services, at a total contract cost not to exceed $75,000 for fiscal year 2008/2009; and authorize the City Manager to sign the contract. Recommendation: Approve Budget/Financial Impact: There are sufficient funds in the proposed FY08-09 budget for these purchases. Background: The City has contracted with ComDyn for professional services and support over the past three years and has been very satisfied with their performance. ComDyn, will provide Security related professional services, focused on our e -government and network security to include advanced technical evaluation and monitoring of critical security systems. ComDyn additionally provides advanced GIS professional services at a greatly reduced cost, when compared to our previous vendor, while using individuals that are already familiar with the City's existing infrastructure and applications. These consultants have produced digital versions of the General Plan & Zoning maps and numerous other documents used in our economic development efforts, such as the "Vacant Land Inventory" map. They have additionally produced numerous maps and charts for the use in documents, presentations, and grant proposals provided to local and state agencies. And, they have participated in the development of our GIS strategic plan, and developed additional new layers of information which have been linked to our City parcel basemap which is available to the public via our GIS websites. Discussion: In FY08/09, we will continue to provide computer automation services both in-house and externally (via our e -government websites) to constituents and the City will continue to benefit from having a 3rd party provide advanced security services and auditing, to backup existing city staff. The City's GIS department continues to provide ongoing support on economic development issues, and Development Services & Public Works projects. The reliance on GIS has grown significantly over the past fiscal year, and will likely continue to grow through this year due to the implementation of the CityView development services application. CityView relies heavily upon the GIS system and the work of the GIS department. The GIS department's work load in FY08/09 will also include updates to the General Plan Land Use map, General Plan Element's maps, and the citywide area Development Activity map. Our GIS team utilizing GIS Spatial Analyst and the TranSuite system will also be working with Public Works traffic engineering staff to create data and maps that will show traffic trends and patterns, to determine baseline data, and to test & refine traffic improvement measures. During the next fiscal year executive management will continue to monitor and evaluate the GIS program, and the City's current and future needs. Prepared by: Ken Desforges, Direc,Vr Infor ation Systems Financial Data Reviewed by: Li da Magnushryj Finance Director Attachment: ComDyn Consulting Service Agreement 2 CONSULTING SERVICES AGREEMENT This Agreement is made and entered into this 1St day of July 2008, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and The Comdyn Group, Inc. (hereinafter referred to as "Comdyn"). RECITALS A. City desires to utilize the services of Comdyn as an independent contractor to provide consulting services to City as set forth in Exhibit "A". B. Comdyn 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: Comdyn'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", dated July 1, 2008. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Comdyn are as set forth in Exhibit "A" (Comdyn's submitted proposal). 2. Term of Agreement. This contract shall take effect July 1, 2008 and shall continue until June 30, 2009 or completion of the project, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Comdyn for each service which Comdyn 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 Comdyn pursuant to this Agreement shall not exceed $75,000. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Comdyn's proposal, the provisions of this Agreement shall control. 5. Staff and Addresses. City: James DeStefano, City Manager Ken Desforges, Director Information Systems City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Comdyn: Jim Lentz, Security Consultant John Luna GIS Technician Ruel "JR" Dira GIS Analyst The ComDyn Group Attn: Bill Brown, Vice President Business Development 26500 Agoura Road, Suite 200 Calabasas, CA 91302 The City has the right to written approval for any change or replacement of the above Mentioned Comdyn Staff. 6. Status as Independent Consultant. A. Comdyn is, and shall at all times remain, as to City, a wholly independent contractor. Comdyn 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 Comdyn or any of Comdyn's employees, except as set forth in this Agreement. Comdyn 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. Comdyn agrees to pay all required taxes in amounts paid to Comdyn 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 Comdyn and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Comdyn, then Comdyn agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Comdyn shall fully comply with the workers' compensation law regarding Comdyn and employees of Comdyn. Comdyn further agrees to indemnify and hold City harmless from any failure of Comdyn to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Comdyn under this Agreement any amount due to City from Comdyn as a result of Comdyn failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Comdyn shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Comdyn 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 Comdyn, 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. A. Comdyn 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 Comdyn, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance, with minimum combined single limits coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) workers' 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. 3 B. 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) days prior written notice thereof. Comdyn agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Comdyn 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 than A VII. D. Comdyn shall submit to City (1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than 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. Comdyn, in the course of its duties, may have access to confidential data of City, private individuals, or employees of the City. Comdyn covenants that all data, documents, discussion, or other information developed or received by Comdyn or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Comdyn 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. Comdyn's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Comdyn prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Comdyn's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Comdyn 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. Comdyn covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Comdyn under this Agreement, or which 4 would conflict in any manner with the performance of its services hereunder. Comdyn 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. Comdyn 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. Comdyn'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, Comdyn 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 Comdyn for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Comdyn shall discontinue performing services. 14. Personnel. Comdyn 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 Comdyn or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Comdyn reserves the right to determine the assignment of its own employees to the performance of Comdyn's services under this Agreement, but City reserves the right to determine the assignment of its own employees to the performance of Comdyn's services under this Agreement, but City reserves the right, for good cause, to require Comdyn to exclude any employee from performing services on City's premises. Key personnel are listed in #5 of this agreement and shall not change with out approval from the City. 15. Non -Discrimination and Equal Employment Opportunity. A. Comdyn 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 non-discrimination 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. Comdyn will, in all solicitations or advertisements for employees placed by or on behalf of Comdyn 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. Comdyn 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. Comdyn shall not assign or transfer any interest in this Agreement nor the performance of any of Comdyn's obligations hereunder, without the prior written consent of City, and any attempt by Comdyn 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 Comdyn prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Comdyn to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Comdyn 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 Comdyn 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 Comdyn, and the making of any such payment by City shall in no way impair or 6 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 of 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, designated 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 Comdyn and the City. This Agreement supercedes 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 hereto have executed this Agreement as of the date first written above. "City" James DeStefano, City Manager "Consultant" By: Bill Brown, Vice President Business Development The Comdyn Group Exhibit "A" Scope of Services: The Comdyn Group will provide Security, GIS, and other Information Technology Consultants to the City of Diamond Bar on an "as needed basis". Anticipated use: Security Consulting - $5,000 (@66 hrs at $75.00 per hour) GIS Consulting —70,000 (@1400 hrs at $50.00 per hour) Exhibit "B" Payment Schedule: Terms are net 30 on invoices submitted with approved contractor time cards. Billing rate(s) for the City of Diamond Bar: Payroll Service (City located contractor) - Contractor base hourly pay rate + a 25% Mark-up* Examples: Security Consulting - Contractor Rate = $60.00***Margin = $15.00, Billing Rate = $75.00 GIS Consulting — Contractor Rate = $40.00***Margin = $10.00, Billing Rate = $50.00 Full -Time contractors (Comdyn located contractor) - Contactor base hourly pay rate + a 45% Mark-up** Part -Time contractors (Comdyn located contractor) - Contractor base hourly pay rate + a 60% Mark-up** Contractors are classified as "Full -Time" if they are projected to work 32 hrs or more hrs per week or are projected to work more than 1000 hours in a twelve month period. Contractors are classified as "Part -Time" if they are projected to work less than 32hrs per week or are projected to work 1000 hours or fewer in a twelve month period. *Includes all Federal and State payroll taxes, company benefits, etc... **Includes recruitment costs, and all Federal and State payroll taxes, company benefits, etc...) ****Actual rates may vary as they are based upon the type of service provided and successfully negotiations with each individual providing that service. CITY COUNCIL Agenda # 6 . 7 (b) Meeting Date: June 17, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang _� V TITLE: Approval of a contract with Simple�/Grinnell, Inc. (Simplex/Grinnell), for the redesign of our existing Wet Sprinkler System to incorporate a Dry Gas Fire Suppression component in the City's Data Center for a total contract cost not to exceed $55,000 and a contingency amount of $3,500 for a total authorization of $58,500; and authorize the City Manager to sign the contract. Recommendation: Approve Budget/Financial Impact: There are sufficient funds in the FY 07-08 budget for this item. Background: Several years ago the City relocated City Hall from an office building up the street to the current leased space within the South Coast Air Quality Management District offices. At that time the City had one server and no other computer equipment. Since that time the City's investment in technology has grown and the City currently houses multiple servers, switches, routers and other hardware to handle the growing e -government program and other sophisticated technology used in the day-to-day operations of the City. The server room, when originally constructed, was more like an office to house the one server and a single employee. As the City's investment in technology grew, it was apparent that modifications to this space were necessary to address the issues associated with a functioning data center such as special air conditioning and emergency power supply/backup systems. These items have been retrofitted and are now included in the City's Data Center. However, the existing fire suppression system still needs to be addressed. The fire suppression system currently consists of a wet (water) pipe sprinkler system located directly above the electronic equipment. It is in the best interest of the City to have these pipes drained and a pre -charged dry pipe system retrofitted, as well as pre -sprinkler Gas suppression system installed. This will allow the City to mitigate the risk of loss or damage that would result from a discharge of water due to an accident, pipe fatigue/failure, or pipe leakage in the event of an earthquake. The use of the gas suppression will allow any fire to be extinguished without the use of water. Discussion: Staff solicited bids from numerous vendors for the system design, electrical & mechanical equipment and integration services needed to install the pre -action sprinkler system with a gas fire suppression system. The bids ranged from between $ 47,915 - $63,986 however the original low bidder subsequently withdrew their proposal, because they are no longer servicing this market area. Simplex/Grinnell was the 2nd lowest bidder ($54,929), and has an excellent reputation and references. So, Simplex/Grinnell, Inc. a division of Tyco Fire & Security was determined to be the lowest responsible bidder. Simplex/Grinnell is one of the country's largest and oldest fire protection companies. Simplex/Grinnell has a long history of designing, fabricating and installing automatic fire suppression systems for commercial and multi -family residential high-rise buildings, hotels, retail shopping centers, hospitals, aircraft hangars and other industrial / commercial buildings. The modified system must also be tied in to the SCAQMD central fire monitoring system. Per SCAQMD this work must be performed by National Fail -Safe, at a cost of approximately $3,500, a separate contract will be prepared for this service. The total cost of the modified systems with contingency will not exceed $62,000. Prepared by: Ken Desforges, Direct r I ormation Systems Reviewed by: David Doyle, Assistant City Manager Attachment: Simplex/Grinnell, Inc. Proposal 2 Financial Data Reviewed by: Linda Magnuson, Finance Director CITY COUNCIL Agenda # 6 . s (a) Meeting Date: June 17, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manage TITLE: APPROVAL OF AN AMENDME T TO THE LICENSE AGREEMENT WITH OMNIPOINT COMMUNICATIONS INC., A DELAWARE CORPORATION, A SUBSIDIARY OF T -MOBILE USA, INC. TO CONSTRUCT A WIRELESS COMMUNICATIONS SITE AT SUMMITRIDGE PARK RECOMMENDATION: Approve. FISCAL IMPACT: There is no financial implication associated with the proposed amendment. The monthly license fee remains $2,000. BACKGROUND / DISCUSSION: In 2006, the City Council approved a license agreement with Omnipoint Communiciations, a subsidiary of T -Mobile USA (T -Mobile) to construct a wireless communications/cellular site at Summitridge Park. At the time of the agreement, T -Mobile was a co -locator on a tower to be constructed by lead site developer Sprint/Nextel. Since then, Sprint/Nextel has abandoned plans to develop the site and has terminated their license agreement with the City. T -Mobile has maintained its desire to develop the site, and to do so will require them to become the lead site developer. The attached amendment to the existing license agreement memorializes T -Mobile as the lead site developer with the responsibility of obtaining all necessary permits and Planning Department approvals. The agreement also allows the developer to co -locate with another carrier and recover only the pro -rata share of construction and maintenance costs (subleasing is not permitted). Allowing for co -location ensures a second carrier can locate a site on the existing pole, maximizing current sites and helping to prevent a proliferation of wireless communication towers/poles in town. The amendment has been reviewed and approved by the City Attorney. Prepared by: Rya cLean, Assistant to the City Manager FIRST AMENDMENT TO WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT THIS FIRST AMENDMENT TO WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT (this "First Amendment") between the CITY OF DIAMOND BAR, a California municipal corporation ("Licensor"), and OMNIPOINT COMMUNICATIONS, INC., a Delaware corporation, a subsidiary of T -Mobile USA, Inc., a Delaware corporation ("Licensee") dated March 30, 2006. WHEREAS, Licensor and Licensee entered into that certain Wireless Communications Site License Agreement for certain premises on the property located at 1425 Summitridge Drive in the City of Diamond Bar, County of Los Angeles, commonly known as Summit Ridge Park (the "Agreement"); WHEREAS, Licensee and Nextel of California, Inc., a Delaware corporation ("Nextel") were granted the exclusive right to use approximately one thousand (1,000) square feet of the Land as Equipment Space. Licensee was also granted space on the monopole as Antenna Space; WHEREAS, Nextel withdrew from the project and left it up to Licensee to obtain the building permits and to construct the Licensee's Facilities and Licensee desires to include the area for the monopole in its Premises; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor and Licensee hereby agree to amend the Agreement as follows: 1. The drawings referenced in Exhibit A-2 of the Agreement are hereby replaced with the attached drawings dated 02/04/08, Sheets A-1, A-2, A-2.1, and A-3, identified with Site Name: Summit Ridge Park, and Site Number: IE04640. The Premises consists of two parcels: one approximately 1,140 square feet for the equipment enclosure and a second one of approximately 266 square feet for the monopole (monoelm), as depicted on the attached drawings. In addition the Premises also includes space between the two parcels for it underground coaxial cables plus any necessary airspace for antennas and support structures. 2. All references to Nextel in Exhibit A-2 and in the Agreement are hereby replaced to read "future carrier." 3. Antenna Space as defined in the Agreement is hereby redefined as follows: "two hundred sixty-six (266) square feet of the Land for placement of the monopole, which includes, but in not limited to, space on the monopole for Licensee's antennas, coax, cables, and other appurtenances." 4. Section 12 (Assignment and Subletting) subparagraph (c) is hereby deleted in its entirety and replaced with the following: (c) Licensor reserves the right to lease portions of the Land to other interested communication system operators that may be in competition with Licensee for purposes of mobile/wireless communication services; provided, however, that such other leases must provide that the operation of the other communication facilities will not result in technical interference problems with the Licensee's Facilities. Licensee acknowledges that concurrent with the execution of this Agreement, Licensor is executing a License Agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, for the use of the Land for mobile/wireless communication facilities, and further acknowledges that these facilities will not interfere with Licensee's operations. 5. Section 12 (Assignment and Subletting) is hereby amended to include the following paragraph: (e) Licensee acknowledges that any other interested communication system operators (Other Future Carrier) shall enter into an agreement with Licensor for ground space to accommodate its equipment. Notwithstanding anything to the contrary, in addition to entering into an agreement with Licensor, in the event that the Other Future Carrier proposes to attach its antennas and related equipment on the monoelm support structure, Licensee has the right to enter into a collocation agreement with the Other Future Carrier only to collect the pro rata share of the construction and reoccurring maintenance costs of the structure. IN THE EVENT of a conflict between the Agreement, and this First Amendment, this First Amendment shall control. Except as expressly modified herein, the terms and provisions of the Agreement shall remain in full force and effect. EFFECTIVE as of the date, or later of the dates, of execution by the last party to sign. LICENSOR: CITY OF DIAMOND BAR, a California municipal corporation By: Name: Its: Date: LICENSEE: OMNIPOINT COMMUNICATIONS, INC., a Delaware corporation, a subsidiary of T -Mobile USA, Inc., a Delaware corporation By: Name: Martha Ventura Its: Director, Engineering and Operations Date: Agenda # 6 . 8 (b) Meeting Date: June 17, 2008 COUNCILCITY TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: Approve reinstatement of one (1) worn Law Enforcement position in the FY 2008-09 budget and appropriate $148,000 from General Fund Reserves RECOMMENDATION: Approve and appropriate funds. BACKGROUND: On June 3, 2008 the City Council adopted the FY 2008-09 budget. During the development of the budget, the City received notice from the State that COPS grant funds would not be available in the upcoming fiscal year. In the current fiscal year the City has a Grant Deputy funded through COPS grant funds that handles special assignments, traffic investigations, hit and run accident investigations, and court filings. With the advance notice that the grant funds would no longer be available, City staff and the Sheriff's Department reviewed the duties of the grant funded position and made a recommendation that the position be eliminated and the duties be re -assigned to other members of the Sheriff Department. The individual currently assigned as the Grant Deputy would have remained on the Diamond Bar policing team but would have rotated back into patrol function. DISCUSSION Since the adoption of the budget, the City has been notified that next year's COPS funds may be restored to approximately 90% of the current funding levels. However, the State's budget may not be finalize and adopted until October 2008. Since the City's fiscal year begins in July, it is recommended that the City Council authorize the reinstatement of a sworn law enforcement position in the upcoming budget. If the grant funding is available, the position will be a Grant Deputy and perform the duties identified above. However, if the grant funds do not materialize in the upcoming fiscal year, the City will have the appropriated funds ($148,000) to create a "Growth Deputy' which will allow the City to retain the sworn deputy position without paying the full cost of a sworn deputy. A Growth Deputy is offered by the Sheriff's Department at a reduce cost. The cost of the Growth Deputy gradually increases each year over a 3 year period until the position is at full cost. The Growth Deputy will be able to handle all of the above mentioned duties and will also be able to function periodically in patrol unlike the Grant Deputy which is specifically prohibited from patrol functions. PREPARED BY: OaQ Assistant City Manager CITY COUNCIL Agenda # 6 . 8 (c) Meeting Date: .Tune 17, 2008 AGENDA REPORT TO: Honorable Mayor and Membe the City Council VIA: James DeStefano, City MariaTITLE: APPROVAL OF AN AMENDME T TO THE AGREEMENT OF PURCHASE AND SALE BETWEEN THE CITY OF DIAMOND BAR AND HORIZON PACIFIC INC., A CALIFORNIA CORPORATION FOR THE SURPLUS PROPERTY AT 1325 SUMMITRIDGE DRIVE, REDUCING THE SALE PRICE FROM $1.225 MILLION TO $933,750 TO REFLECT LIMITATIONS IN DEVELOPABLE ACREAGE RECOMMENDATION: Approve. FISCAL IMPACT: The attached amendment reduces the original sale amount from $1.225 million to $933,750, a difference of $291,250. BACKGROUND I DISCUSSION: In 2006, the City Council identified the property known as Summitridge Mini -Park as surplus property. The property was appraised at $1.165 million, and a high bid of $1.225 million was made by Horizon Pacific, Inc., a builder with plans to develop four single-family units on the property. In 2007, the City Council entered into a purchase and sale agreement with Horizon Pacific, Inc. As part of the developer's due diligence/contingency review, two large Walnut Valley Water District easements were found to impact the property's developable acreage. Extending forty- three (43) feet from the property line, these easements seemingly limit the developer's plans to three single-family units rather than four. With this finding, Horizon Pacific, Inc. has indicated that a three unit project is not feasible at the original sale price, and that the developer would likely choose to execute an escape clause rather than continue with what it deems an economically unviable project. To avoid this scenario, the developer has proposed a modified purchase price of $933,750 that reflects the limitations of three rather than four developable units. City staff finds the offer to be reasonable and reflective of current market conditions, and recommends the Council approve an amendment to the original Purchase & Sale Agreement that includes the following new terms: 1. Reduce the original sale price from $1.225 million to $933,750, with the caveat that only three single-family units will be approved at the lower price. 2. Should the developer engineer a scenario where the property can accommodate four single-family units after all, the sale price shall revert back to the original bid of $1.225 million. 3. The developer shall pay a 20% non-refundable deposit to the City ($186,750). 4. The current escrow period shall be extended for a period of six (6) months, with a new closing date of January 29, 2009. This extension is necessary for the developer to re- engineer and design the project for three single-family units. The amendment to the Purchase & Sale Agreement will include these terms and is subject to the approval of the City Attorney. Prepared by: Ryan McLean, Assistant to the City Manager CITY COUNCIL Agenda # ti R (a) Meeting Date: June 18, 2008 AGENDA REPORT TO: Honorable Mayor and Members f the City Council VIA: James DeStefano, City Mana e TITLE: Increase the City's FY07-08 Transit ass Subsidy Fare Revenue and Transit Pass Subsidy Fare Expenditures by $65,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: The FY2007-2008 Prop A Transit Fund budget currently reflects anticipated revenue and an appropriation of $850,000 for the City's Transit Subsidy Fare Revenue and offsetting expenditure. In order to complete the fiscal year it is necessary to adjust the Prop A Transit Fund revenue and expenditure budget by $65,000. There is an adequate appropriation in place to cover the additional subsidy necessary. BACKGROUND /DISCUSSION: The City receives Proposition A Transit Funds which are funded by a portion of the 1/2 cent sales tax measure which was passed by Los Angeles County voters in 1980. Prop A Funds are to be used exclusively to benefit public transportation. Several years ago when the City faced the ever increasing amount of unused Prop A Funds, the City Council considered implementing several transit programs. One of the programs implemented was the transit subsidy program. This program offers transit passes for the Metrolink trains, Foothill buses and MTA buses at discounted rates. The City offers these passes through online and over the counter sales. The 20% discount (50% for seniors/disabled) is covered by the Prop A Transit Fund. The rapid rise in the cost of fuel has increased the awareness and use of mass transit. As a result the City's transit subsidy program's popularity continues to grow. PREPARED BY: Linda G. Magnuson REVIEWED BY: Finance it for Assistant City Manager CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6.8 Meeting Date: June 18, 2008 AGENDA REPORT VIA: James DeStefano, City Man g TITLE: Increase the City's FY07-08 Diamo d ide Dial -a -Cab budget by $70,000 for a total appropriation of $420,000 from the Prop A Transit Fund. RECOMMENDATION: Approve. FINANCIAL IMPACT: The FY2007-2008 Prop A Transit Fund budget currently reflects an appropriation of $350,000 for the City's Diamond Ride program. In order to complete the fiscal year it is necessary to appropriate an additional $70,000 from Prop A Transit Fund increasing the total Diamond Ride budget to $420,000. There is approximately $715,000 available in the Prop A Transit fund balance reserve. BACKGROUND/DISCUSSION: The City receives Proposition A Transit Funds which are funded by a portion of the Y2 cent sales tax measure which was passed by Los Angeles County voters in 1980. Prop A Funds are to be used exclusively to benefit public transportation. In 1995, utilizing Prop A Funds, the City Council considered implementing several transit programs. One of the programs implemented was the popular Dial -A -Cab (Diamond Ride) program. The Diamond Ride is a program where residents who are seniors, age 60 and over or disabled may obtain cab rides at a substantially discounted rate. Since that time the program has continued to grow. This fiscal year the cost of the program has greatly surpassed all expectations by increasing 20% over FY06-07. As the costs continued to rise staff started taking a closer look at the uses and possible abuses of the system in an effort to contain costs. A part of this effort has been to work with the cab company to obtain assistance in analyzing usage of the program. This evening the program will be discussed and depending on the discussions at the study session there is a possibility that some revisions to the program may be made in the near future. PREPARED BY: Linda G. Magnuson David Liu REVIEWED BY: F anc ector Assistant City Manager x I Pubic Works Director AGENDA ITEM NO. 7.1 THIS ITEM WILL BE CONTINUED TO JULY 1, 2008 AGENDA ITEM NO. 7.1 THIS ITEM WILL BE CONTINUED TO JULY 1, 2008 Agenda # g . 1 Meeting Date: June 17, 2008 CITY COUNCIL g� AGENDA REPORT rg TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man fv--0 IffTITLE: REPORT ON THE DIAMOND RID (DIAL -A -CAB) PROGRAM. BACKGROUND In April 1995, utilizing Proposition A Funds, the City established the Diamond Ride (Dial -A -Cab) and the Transit Subsidy Programs to provide a reliable, quality transportation system for the elderly (60 year of age and older) and physically challenged residents of Diamond Bar. Diamond Ride is a curb -to -curb program where eligible residents may obtain rides at a substantially discounted rate. The Transit Subsidy Program offers transit passes for 'Foothill Transit, Metrolink, and MTA (Metro) at a discounted rate for residents. These discounts are 20% for residents and 50% for seniors/disabled residents. The Diamond Ride (Dial -A -Cab) Program operates seven (7) days a week, 24 hours a day, within a designated geographic boundary and to (13) designated facilities. A copy is attached hereto as (Exhibit "I"). As the City's current service provider, Diversified Transportation has been serving the community since the inception of this program as a curb -to -curb service (please see Exhibit "II" for service guidelines). The Council last studied this matter at a Council meeting held on November 20, 2001, at which time following staff recommendations to the Diamond Ride Program were unanimously approved by the City Council. 1. To limit the number of one-way trips to 30 per month per cardholder; 2. To increase the out -of -boundary fare from $1.50 to $3.00/ per one-way trip for all but medical facilities; 3. To increase the fare to the Ontario Airport and Fullerton Amtrak Station from $5.00/one-way to $10.00/one-way, in addition to placing a limit of six (6) one- way; 4. To limit trips to the malls outside Diamond Bar to eight (8) one-way trips or four (4) round -trips per month. Diamond Ride is a trusted and heavily relied upon service utilized by Diamond Bar's senior and disabled population. It has proven to be a much needed and appreciated alternative mode of transportation. However, fuel costs are rising daily. Currently, the price of gasoline in the Los Angeles area is approximately $4.53 per gallon. This has impacted the City's Diamond Ride Program along with heavy usage. The popularity of the Program has grown as these and other factors have continued to rise and has made the Program exceedingly expensive, especially when considering that the Program was last modified in November 2001 when the price of a gallon of gasoline was $1.42. In an effort to ensure the continued viability of the Program, City staff examined the current state of the Program. The following is City staff's analysis of the Diamond Ride Program: FINANCIAL IMPACT: The City receives Proposition A Transit Funds which are funded by a portion of the '/2 cent sales tax measure which passed by Los Angeles County voters in 1980. Prop A Funds are to be used exclusively to benefit public transportation. In Fiscal Year 2007- 2008, the projected expenditure for the Dial -A -Cab system will be approximately $420,000. DESIGNATED FACILITIES: In addition to the geographic boundaries, the City has designated 13 medical/doctor's facilities. The City has also designated the Ontario Airport and Fullerton Amtrak Station as eligible destinations. PASSENGERS: To date the City has a total of 1,342 registered Diamond Ride users. For your information we have prepared (Exhibit "III") a summary of the Fiscal Year 2007-2008 activities and annual comparisons (Exhibit "IV") from Fiscal Year 2001-2002 to the Fiscal Year 2007-2008. DISCUSSION: The current fees are $2.20 flag drop (flag drop is the fixed charged for initiating the trip) and $2.20 per mile meter rate, with no wait time fees, and a 10% administrative fee charged by Diversified (Yellow Cab). The per mile meter rate increase was last approved by City Council on June 21, 2005. It also should be noted that Yellow Cab has proposed a rate increase of 30 cents, which means the flag drop rate and mile meter rate would stand at $2.50 respectively if Council were to approve the requested increases. The proposed increase is due to increased costs of gasoline, insurance, and wages. As shown in Exhibit "III" for Fiscal Year 2007-2008, the average number of monthly riders is 1,863 (excludes May and June 2008) and the average monthly contract 2 expense is $35,467.46. The average cost per trip is $21.66 and the average cost per passenger is $19.08. The demand for this service has steadily increased every year since the program was last modified in 2001. Currently, there are 1,342 registered program users. With a successful program comes an increased cost to the City. In the Fiscal Year 2001-02, the average monthly cost was $26,943.47. During the Fiscal Year 2007-2008, the monthly cost has increased to $35,467.46 (please see Exhibit "IV"). With the popularity of the program, the City could expect this increase to continue, especially when considering the dramatic spike in fuel costs (please see Exhibit "VII"). When comparing the period of July 2007 through December 2007 to the period of January 2008 through April 2008, there is a noticeable increase in the amount of Total Riders, Total Trips, and Net Monthly Cost (please see Exhibit "III" for more detail): July 2007 — December 2007 January 2008 — April 2008 Average Monthly Total Riders = 1,684 Average Monthly Total Riders = 2,131 Average Monthly Total Trips = 1,453 Average Monthly Total Trips = 1,940 Net Monthly Cost = $32,579.45 Net Monthly Cost = $39,799.45 The figures shown above demonstrate significant increases in participation and program costs. It is anticipated that these figures will continue to increase due to the low cost of using the service and the continued rise in fuel costs. Assuming that the Net Monthly Cost continues to average around $40,000 per month, then it is estimated that for Fiscal Year 2008-2009 will be approximately $500,000. DAILY/REGULAR USERS: After reviewing the monthly reports provided by Diversified (Yellow Cab), we have found 11 cardholders using this service on a daily, or near daily basis (please see Exhibit "V"). From November 2007 to April 2008, expenses charged to the City cost $37,066. This amount represents 14% of the total cost of $250,164 between the months of November 2007 and April 2008. These cardholders represent less than 1% of the average monthly riders, but consume 14% of the total cost of $250,164 between the months of November 2007 and April 2008. USAGE OF DAILY/REGULAR USERS: The majority of registered Diamond Ride participants utilize the service to go to medical facilities and shopping centers (please see Exhibit "VI"). However, there exists a small minority of registered Diamond Ride participants who exceed the maximum allowed 30 trips per month. In addition, many participants within this group frequently make medical trips to areas outside the service guidelines, which places a tremendous economic burden on the City (please see Exhibit "V"). It should also be noted that City staff has found that Diversified (Yellow Cab) often failed to enforce the 30 maximum allowable trips per rider/per month during Fiscal Year 2007- 2008. Furthermore, City staff met with representatives of Diversified (Yellow Cab) and informed them that they are responsible for any related charges that may have been incurred due to this lack of oversight. Diversified (Yellow Cab) has agreed to pay any charges that were caused by allowing more than the 30 trip maximum per month as required by the contract. This oversight has since been corrected and since May 2008 Diversified (Yellow Cab) has been enforcing the 30 trip maximum. SNAPSHOT OF CARDHOLDER ACTIVITIES To provide a "snapshot" of the usage, the following are all trips for the most recent month - - April 2008: Total Trips: Below 20 trips 254 cardholders Over 15 trips 31 cardholders Over 30 trips 7 cardholders Over 40 trips 6 cardholders Additionally, during the month of April 2008, 24 trips were made to the Ontario Airport costing the City $1,180.67. This represents a one-way fare to the Ontario Airport costing the City an average of $49.19 (exact fare depends on departure point in the city). SNAPSHOT OF SPECIAL REQUESTS: Requests are made to the City by program users, sometimes on a daily basis, to travel to destinations outside the designated geographical boundaries of the program. To demonstrate the cost of these requests we have randomly chosen five locations to illustrate the cost to the City (departing froml and returning to Diamond Bar): Average Cost of Round-Way Trip (to Cedar Sinai): $164.00 Average Cost of Round-Way Trip (to City of' Hope Duarte): $90.00 Average Cost of Round-Way Trip (to KaiserPermanente Fontana): $124.00 Average Cost of Round-Way Trip (to Upland Veteran's Clinic): $68.00 Average Cost of Round-Way Trip (to Pasadena Rehabilitation Institute): $138.00 It should also be mentioned that any one of these trips cost the program user only $3.00. Unless there are significant changes made to the program, these types of trips could have dire consequences on an annual basis. FUEL COSTS: The cost of fuel has increased dramatically since the Diamond Ride Program was last evaluated in November 2001. From June 2002 to June 2008, the price of fuel has risen 68% (please see Exhibit "VII"). In June 2002, the cost for a gallon of gasoline was approximately $1.44 in the Los Angeles area. Presently, the cost of a gallon of gasoline in the Los Angeles area is approximately $4.53. 4 In the past nine months alone the cost for a gallon of gasoline has risen 38%, from $2.80 per gallon to $4.53 per gallon in the Los Angeles area (please see Exhibit "VIII"). If gasoline prices continue to rise and/or remain at their current high levels, there exists the potential for a considerable increase in the number of Diamond Ride users who might choose to take advantage of the exceedingly low fares the Program offers. POTENTIAL OPTIONS: ■ Voucher Program (Related to the Maximum Allowable Trips) ■ Increase Funding for the Program ■ Monitor Diversified's (Yellow Cab) Enforcement of Established Service Guidelines and Geographic Boundaries ■ Volunteer Driving Program ■ Increase Fares ■ Restrict the List of (13) Designated Medical Facilities (Outside the Service Area) ■ Eliminate the Case -by -Case Review ■ Review and Modify Geographic Boundaries NEXT STEPS: Staff will continue to examine the Diamond Ride Program per Council's direction and will be prepared to present further findings at the July 15 Council Meeting. PREPARED BY: Patrick Gallegos, Management Analyst Date Prepared: June 13, 2008 REVIEWED BY: id G. Liu, Director of Public Works Attachments: Exhibit I: Service Area Map and Dial -A -Cab Agreement Exhibit II: Service Guidelines Exhibit III: Status Report FY 2007-2008 Exhibit IV: Annual Comparison Report Exhibit V: Daily User's Summary By Rider ID Exhibit VI: Trip Purpose Percentage Exhibit VI l: 72 Month Average Retail Price Chart Exhibit VIII: 9 Month Average Retail Price Chart Exhibit "1" I r z c a� U .9 enviee ahea map Arrow Hwy. Imperial Hwy. ni Q ca c N U Exhibit "I" DIAL—A—CAB AGREEMENT FARES, HOURS, AND GEOGRAPHIC BOUNDARIES OF SERVICE _FARES: Fares shall be: City limits - $0.50 per trip; outside City limits, within boundaries - $3.00 per trip; medical facilities or designated medical facilities - $1.50 per trip; Fullerton Amtrak Station and Ontario Airport - $10.00. HOURS: The hours shall be 24 hours a day, seven (7) days a week. GEOGRAPHIC BOUNDARIES: The boundaries shall be Arrow Highway to the north; Imperial Highway/Carbon Canyon Road to the south; Central Avenue to the east; Hacienda Boulevard/Amar/Sunset to the west. DESIGNATED FACILITIES**: ** Case-by-case consideration will be given for facilities not listed. Additional information will be needed for review, please call (909) 839-7045. MAXIMUM TRIPS: ♦ Each cardholder will be allowed a maximum of 30 one-way trips per month, ♦ Each cardholder is allowed six (6) one-way or three (3) round -trips per year to the airport or train station. In addition, trips to the Ontario Airport or the Fullerton Amtrack Station will only be allowed for the cardholder to depart on a trip or arrive from a trip, and ♦ Trips to the malls outside Diamond Bar will be limited to eight (8) one way trips or four (4) round -trips per month. Facility Name Address city 1 Brea Community Hospital 380 W. Central Avenue Brea 2 Casa Colima 2850 N. Gare (255 E. Bonita) Pomona 3 Chino Community Hospital 5451 Walnut Avenue Chino 4 Covina Valley Medical Building 855 Lark Ellen West Covina 5 Dialysis Center 1 547 W. Garvey Avenue West Covina 6 EI Encante Convalescent Hospital 555 EI Encante Industry 7 Kaiser Permanente 101 1 Baldwin Park Boulevard Baldwin Park 8 Lanterman Development Center 3530 Pomona Blvd. Pomona 9 Pomona Valley Hospital Med. Ctr. 1 798 N. Garey Avenue Pomona 10 Queen of the Valley Hospital 1 1 1 5 S. Sunset Avenue West Covina 1 1 St. Jude's Medical Center 1'01 E. Valencia Mesa Drive Fullerton 12 St. Jude's Heritage Foundation 433 W. Bastanchury Rd. Fullerton 13 US Family Care Hospital 5000 San Bernardino Street Montclair ** Case-by-case consideration will be given for facilities not listed. Additional information will be needed for review, please call (909) 839-7045. MAXIMUM TRIPS: ♦ Each cardholder will be allowed a maximum of 30 one-way trips per month, ♦ Each cardholder is allowed six (6) one-way or three (3) round -trips per year to the airport or train station. In addition, trips to the Ontario Airport or the Fullerton Amtrack Station will only be allowed for the cardholder to depart on a trip or arrive from a trip, and ♦ Trips to the malls outside Diamond Bar will be limited to eight (8) one way trips or four (4) round -trips per month. Exhibit II Diamond Ride For additional information, Please call (909) 839-7045 (Dial -A -Cab) SERVICE GUIDELINES ♦ All trips must begin or end within Diamond Bar. ♦ The fare for trips that begin and end within Diamond Bar is $0.50 each trip (one-way). ♦ The fare for trips to or from an area outside the City, but within the boundaries is $3.00 each trip (one-way). ♦ The fare for trips to or from a medical facility within the boundaries or a designated medical facility is $1.50 each trip (one-way). ♦ One (1) escort/companion is allowed per Diamond Ride Card. There is no additional charge for the escort/companion. For example, if three are riding, two must be Diamond Ride Cardholders. ♦ If a group of eligible riders (maximum of 4) are picked -up at one location and dropped off at the same location, only one fare for the trip will be charged. If a group is picked up and dropped off at different locations, each passenger will be charged the correct fare. ♦ Due to the nature of Shared Rides, the number of packages allowed is limited to the amount that one can carry (normally three to four grocery bags). ♦ Transportation is curb to curb. When calling for service the passenger must be ready to travel, since the service may arrive any time within five (5) to forty (40) minutes (if longer than 40 minutes, passenger will automatically receive trip free of charge). ♦ Please have your Diamond Ride Identification Card ready when traveling, taxi cab drivers are required to record the passenger's Identification Card Number, pick-up and drop-off address, time of odometer readings, full meter fare, type of payment, amount of payment collected, and number of passengers. DRide Stat 2007-08 - Final DIAMOND RIDE DIAL -A -CAB STATUS REPORT For Fiscal Year 2007-2008 Month July 07 Aug 07 - Sept 07 Oct 07 *Nov 07 *Dec 07 *Jan 08 Feb 08 Mar 08 Apr 08 **May 08 ***Jun 08 Total Ttl Other - Rider I Seniors I Disabled I Companion 18,631 I 14,827 3,534_ 270 1,863 1,483 j 353 �27 Shared Weekday Weekend 719_ 15,766 2,865 72 1,577 287 - Ride Rider Rider 71 I 1,376 _283 _ 184 I 1,444 255 _ 234 - {_ 1,332 � 270 120 � 1,486 219 ---34 1,566 294 14_ { 1,247 _ 334 _ 18 1746 ' 278 _ 19 I, 1,730 290 16 1,841 350 9 � 11 'Months of November, December and January do not include Holiday Ride ** Month of May and June not yet available. Outof In City City Avg Mile Net Cost TV Trip Rider Rider per Trip per Trip 1,432 809 1 850 7.7 998 292 - 'Months of November, December and January do not include Holiday Ride ** Month of May and June not yet available. Net Cost per Rider $18.54_ $18.47 $18.41 $19.48 $19.70 $21.51 $18.65 $18.38 $18.57 $19.06 191 $19.08 Exhibit "III" Net Monthly Cost $30,762.60 $31,379.04 $29,488.52 $33,206.08 $36,635.06 $34,005.40 _ $37,746.39 $37,126.15 $40,679.70 $354,674.63 for 2007/2008 fiscal year fexceAD:IDiamond Ride] DRide Status 07108 Outof In City City Avg Mile Net Cost TV Trip Rider Rider per Trip per Trip 1,432 809 1 850 7.7 $21.48 - 1,395 768 931 1,302 ! 8101, 792 8.4 8.2 $22.49 $22.65 1,516 828 877 8.1$21.90 1,672 9051 955 1,406 5251,056 7.9 8.9 $21.91 $24.19 -i 1,856 1,064 960 1,809 1,064 956 1;9981,231 960 7.1 7.2 7.1 $20.34 $20.52 $20.36 2,098 11225 1065 7.3 $20.80 16,484 1,648 9,229 9,402 923 I 940T_ 40 77.90 7.8 $ 190.77 F$21.66 Net Cost per Rider $18.54_ $18.47 $18.41 $19.48 $19.70 $21.51 $18.65 $18.38 $18.57 $19.06 191 $19.08 Exhibit "III" Net Monthly Cost $30,762.60 $31,379.04 $29,488.52 $33,206.08 $36,635.06 $34,005.40 _ $37,746.39 $37,126.15 $40,679.70 $354,674.63 for 2007/2008 fiscal year fexceAD:IDiamond Ride] DRide Status 07108 DIAMOND RIDE (DIAL -A -CAB) ANNUAL COMPARISON REPORT Exhibit "IV" For the Fiscal Year Mthly Avg- Total Riders Monthly Average- Seniors Monthly Average- Disabled Mthly Avg- Conpanion & Holiday rider -Other Shared Ride Average Mthly Avg- Trips Out of City 931 Mthly Average- Trips within City 973 Monthly Average- Mile per trip Monthly Average- Net Cost per Trip Monthly Average -Net' Cost per Monthly Average - Rider Monthly Cost 2001-2002 1,903 1,376 480 48 427 8.00 $ 17.89 $ 14.06 $ 26,943.47 2002-2003 1,611 1,287 290 33 277 833 771 7.51 $ 17.59 $ 14.86 $ 22,104.33 2003-2004 1,469 1,121 324 24 219 766 704 7.50 $ 18.52 $ 14.13 $ 20,656.60 2004-2005 1,075 811 242 19 210 608 467 7.20 $ 13.26 $ 13.05 $ 16,758.66 2005-2006 1,414 1,130 270 15 242 734 677 16.10 $ 23.11 $ 18.43 $ 24,878.62 2006-2007 1,521 1,211 295 16 205 817 705 8.70 $ 22.50 $ 19.57 $ 28,766.92 2007-2008 1,719 1,366 328 25 64 865 854 7.40 $ 21.44 $ 18.97 $ 32,608.77 ** FY 2007-2008 does not include May 15-31 or June 2008 Exhibit "V" Daily User's Summary By Rider ID Type of Daily User Month # of Tris Amount (Meter) Monthly Cost to City % of Monthly Total Cost I.D. No. A - Senior November 54 $992.20 $36,635.06 2.70% December 61 $1,136.20 $34,005.40 3.30% January 58 $1,084.00 $37,746.39 2.90% February 43 $768.00 $37,126.15 2.10% March 59 $1,088.00 $40,679.70 2.70% April 31 $590.00 $43,645.69 1.40% Total 306 $5658.40 Type of Daily User Month # of Trips Amount (Meter) Monthly Cost to City % of Monthly Total Cost I.D. No. B - Senior November 40 $872 $36,635.06 2.40% December 77 $2032.20 $34,005.40 6% January 64 $1,190.6 $37,746.39 3.20% February 75 $1,454.6 $37,126.15 4% March 39 $711.60 $40,679.70 2% April 36 $580.20 $43,645.69 1.30% Total 331 $6,841 Type of Daily User Month # of Tris Amount (Meter) Monthly Cost to City % of Monthly Total Cost I.D. No. C - Senior November 43 $836.20 $36,635.06 2.28% December 0 $0 $34,005.40 0.00% January 36 $441.60 $37,746.39 1.17% February 42 $578 $37,126.15 1.56% March 0 $0 $40,679.70 0.00% April 37 $450.40 $43,645.69 1.03% Total 158 $2,306.20 Type of Daily User Month # of Trips Amount (Meter) Monthly Cost to City % of Monthly Total Cost I.D. No. D - Senior November 38 $1,092.40 $36,635.06 3% December 40 $1,155.80 $34,005.40 3.40% January 47 $1,354.60 $37,746.39 3.60% February 0 $0 $37,126.15 0.00% March 0 $0 $40,679.70 0.00% April 0 $0 $43,645.69 0.00% Total 125 $3,602.80 Exhibit "V" Type of Daily User Month # of Tris Amount (Meter) Monthly Cost to City % of Monthly Total Cost I.D. No. E - Senior November 0 $0 $36,635.06 0.00% December 0 $0 $34,005.40 0.00% January 40 $610.20 $37,746.39 2% February 43 $741.60 $37,126.15 2% March 47 $668.20 $40,679.70 2% April 46 $648.60 $43,645.69 1.49% Total 176 $2,669 42 $667.20 Type of Daily User Month # of Trips Amount (Meter) Monthly Cost to City % of Monthly Total Cost I.D. No. F - Senior November 0 $0 $36,635.06 0.00% $0 December 0 $0 $34,005.40 0.00% $37,746.39 January 0 $0 $37,746.39 0.00% 1.35% February 37 $727.40 $37,126.15 1.96% April March 50 $757.80 $40,679.70 1.86% 136 April 42 $667.20 $43,645.69 1.53% Total 129 $2,152.40 Type of Daily User Month # of Trips Amount (Meter) Monthly Cost to City % of Monthly Total Cost I.D. No. G - Senior November 0 $0 $36,635.06 0.00% December 0 $0 $34,005.40 0.00% January 0 $0 $37,746.39 0.00% February 44 $499.40 $37,126.15 1.35% March 48 $555.80 $40,679.70 1.37% April 44 $437.80 $43,645.69 1.00% Total 136 $1,493 30 $1164.40 Type of Daily User Month # of Trips Amount (Meter) Monthly Cost to City % of Monthly Total Cost I.D. No. H - Senior November 25 $1088.40 $36,635.06 2.97% December 37 $1464.40 $34,005.40 4.31% January 21 $790 $37,746.39 2.09% February 16 $601.80 $37,126.15 1.62% March 27 $1048.4 $40,679.70 2.58% April 30 $1164.40 $43,645.69 2.67% Total 156 $6,157.40 Exhibit "V" Type of Daily User Month # of- Trips Amount (Meter) Monthly Cost to City % of Monthly Total Cost I.D. No. I - Senior November 19 $297.20 $36,635.06 0.81% December 13 $246 $34,005.40 0.72% January 26 $302.80 $37,746.39 0.80% February 32 $387.4 $37,126.15 1.04% March 35 $455 $40,679.70 1.12% April 18 $284.60 $43,645.69 0.65% Total 143 $1,973 Type of Daily User Month # of Trips Amount (Meter) Monthly Cost to City % of Monthly Total Cost I.D. No. J - Senior November 17 $438.6 $36,635.06 1.20% December 14 $353.6 $34,005.40 1.04% January 14 $353.6 $37,746.39 0.94% February 18 $443 $37,126.15 1.19% March 17 $416.80 $40,679.70 1.02% April 15 $371 $43,645.69 0.85% Total 95 $2,376.60 Type of Daily User Month # of Trips Amount (Meter) Monthly Cost to City % of Monthly Total Cost I.D. No. K - Senior November 0 $0 $36,635.06 0.00% December 24 $523.20 $34,005.40 1.54% January 0 $0 $37,746.39 0.00% February 34 $624.60 $37,126.15 1.68% March 0 $0 $40,679.70 0.00% April 39 $689.60 $43,645.69 1.58% Total 97 $1,837 Exhibit "VI" DIAMOND RIDE. TRIP PURPOSE PERCENTAGE NOV. 2007 Trip Purpose % Count Recreation: 2-4% 39 Medical: 41-6% 677 Church: 6.0% 98 Shopping: 22-5% 366 Nutrition: 1.0% 17 Education: 0.2% 3 House: 3.7% 60 Other: 1.9%- 367 FEB. 2008 DEC. 2007 Trip Purpose % Count Recreation: 3.1% 43 Medical: 45.3% 625 Church: 6.8% 94 Shopping: 14.5% 200 Nutrition: 2.4% 33 Education: 0.4% 5 House: 3.7% 51 Other: 1.8% 327 Trip Purpose % Count Recreation: 3.6% 64 Medical: 37.7% 668 Church: 4.6% 81 Shopping: 26.1% 462 Nutrition: 2.5% 44 Education: 0.2% 4 House: 2.9% 52 Other: 1.2% 396 Trip Purpose % Count Recreation: 4.1% 80 Medical: 36.5% 721 Church: 4.5% 88 Shopping: 25.3% 500 Nutrition: 2.2% 44 Education: 0.1% 2 House: 2.9% 57 Other: 1.8% 480 JAN. 2008 Trip Purpose % Count Recreation: 3.8% 70 Medical: 39.9% 733 Church: 4.9% 90 Shopping: 23.7% 436 Nutrition: 2.0% 36 Education: 0-4% 8 House: 2.8% 51 Other: 1.5% 395 APR. 2008 Trip Purpose % Count Recreation: 52% 105 Medical: 37.3% 760 Church: 4.4% 89 Shopping: 22.3% 453 Nutrition: 1.8% 36 Education: 0.1% 2 House: 2.8% 57 Other: 1-4% 495 Exhibit "VII" 72 Month Average Retail Price Chart Regular Gas Regular Gas Price (US $JG) Price (US $!G) LosAngeles 4.52 4.52 4.22 4.22 3.91 3.91 3.60 3.60 3.29 3.29 2.98 2.98 2.67 2.67 2.37 2.37 2.06 2.06 1.75 1.75 1.44_ 1.44 t� W [.h -,J [D _ N 4P V N [. t� [3 h� a [�i a� _ _ W LnO W Ch M 3 W M O 3 O m (b W W O[�11 00 m[+i3 OD [w�i m A 1. Nm N -1 mc:' O 00 2002 2003 2004 2006 2006 2007 2008 Date (ManthrUay) ! R s; r <.1 /,., j � Regular Gas Price (U5 $/G) 4.53 4.36 4.19 4.01 3.84 3.67 3.49 3.32 3.15 2.97 2.80 Exhibit "VIII" 9 Month Average Retail Price Chart Regular Gas LosAngeles Price (U5 $!G) 4.53 4.36 4.19 4.01 3.84 3.67 3.49 3.32 3.15 2.97 2.80 cn co ra s NJ �J w w 4� a a (n M M M m CO o v m° u3, p v K) o cm m m m m m `3' p a ^� 3 2007 2008 Date (MontF ffiay) 21825 Copley Drive Diamond Bar, CA 91765 909.839.7045 Arrow Hwy. Imperial Hwy, %j- HOURS OF OPERATION: Seven (7) Days a Week 24 Hours a Day 72 Month Average Retail Price Chart Regular Gas Regular Gas Price (US $IG) — LasAngeles Price (US $IG) 4.52 4.22 3.91 3.60 3.29 2.98 2.67 2.37 2.06 1.75 1.44 4.52 4.22 3.91 3.60 3.29 2.98 2.67 2.37 2.06 1.75 1.44 0 -j w Lrl m a c; Co a) Q co 21 21 o 0 .� � rJ M 2002 2003 2004 2005 2006 2007 2008 Date (MonthJDay) .. RISING COST OF GAS 2002 - 2008 DESIGNATED MEDICAL FACILITIES *Figures based on current rate ($2.20 Flag Drop and $2.20 Mile Meter) Facility Name Address City Distance/ *One -Way Mileage Cost 1 Brea Community Hospital 380 W. Central Ave. Brea 8.53 $20.97 2 Casa Colima 2850 N. Garey Pomona 10.09 $24.40 255 E. Bonita 3 Chino Community 5451 Walnut Ave. Chino 9.68 $23.50 Hospital 4 Covina Valley Medical 855 Lark Ellen West Covina 10.11 $24.44 Building 5 Dialysis Center 1547 W. Garvey Ave. West Covina 10.4 $25.08 6 El Encante Convalescent 555 EI Encante Industry 10.36 $2499 Hospital 7 Kaiser Permanente 1011 Baldwin Park Blvd Baldwin Park 13.3 $31.46 8 Lanterman 3530 Pomona Blvd. Pomona 4.26 $11.57 Developmental Center 9 Pomona Valley Hospital 1798 N. Garey Ave. Pomona 8.65 $21.23 Med. Center 10 Queen of the Valley 1115 S. Sunset Ave. West Covina 11.21 $26.86 Hospital 11 St. Jude's Medical Center 101 E. Valencia Mesa Fullerton 12.43 $29.55 Dr. 12 St. Jude's Heritage 433 W. Bastanchury Rd. Fullerton 12.57 $29.85 Foundation 13 US Family Care Hospital 5000 San Bernardino St. Montclair 11.91 $28.40 *Figures based on current rate ($2.20 Flag Drop and $2.20 Mile Meter) rl.11•' A `✓ • � �' ' If.:Irl rt_ 1,.,,1 ,n .+ � ' •�'•� 1 fAfF7� • im r 1 J . , 4 � • r t l h �U+fla y�{�t11� � 1. � • _ •. �-�'+'tem _ ' .. 1 'M{ �^ _ . � - � �* r$. -' ,r �,•. �LAJrflr)TJuJL tar iw:.,.saa �' 13 ..r�. �r t .� Alere , 114'? . ®m F r �+ r . 7f�TJ11�I1r " ylgrt�"3 iq 7n. S ®,. • . • J� ��, ...r i' . y ®� r yi �'' I ��•.�, �'..• . �' wC,=roe,; •,�„ � . � � DIAMOND RIDE (DIAL -A -CAB) ANNUAL COMPARISON REPORT FISCAL YEAR MONTHLY AVERAGE TOTAL RIDERS MONTHLY AVERAGE MONTHLY COST 2001-2002 11903 $26,943.47 2002-2003 1,611 $22,104.33 2003-2004 11469 $20,656.60 2004-2005 1,075 $16,758.66 2005-2006 1,414 $24,878.62 2006-2007 11521 $28,766.92 *2007-2008 11863 $351467.46 *Fiscal Year 2007-2008 does not include May or June 2008 Diamond Ride Trip Purpose NOVEMBER 2007 DECEMBER 2007 JANUARY 2008 Medical 41.6% 677 Shopping 22.5% 366 FEBRUARY 2008 Medical 37.7% 668 Medical 45.3% 625 Shopping 14.5% 200 MARCH 2008 Medical 36.5% 721 Medical 39.9% 733 Shopping 23.7% 436 APRIL 2008 Medical 37.3% 760 Shopping 26.1% 462 Shopping 25.3% 500 Shopping 22.3% 453 NOV '07 - APRIL `08 AVERAGE RIDERS (MONTHLY) ■ 11 Riders 1% ■ 1,983 Riders 99% NOV '07 - April `08 % OF TOTAL COST (MONTHLY) N 1 Riders 16% ■ 1,983 Riders 1,994 Average Monthly Riders $229,838.39 Total Cost (November 2007 — April 2008) (November 2007 — April 2008) Diamond -Ride Medical Facilities 1) Cedar Sinai 2) City Hope -Duarte 3) Kaiser Permanente -Fontana 4) Upland Veteran's Clinic 5) Pasadena Rehab. Clinic Cost *Distance (mi) 1) $164 36 mi 2) $90 19 mi 3) $124 27 mi 4) $68 16 mi 5) $138 31 mi * From Diamond Bar City Hall \1' N b S 4 8 16 Miles 3SV31IONI %S I Z % ,-> �. „(ABBI'tflUOW) 21BB Booz loot co 90oz Booz toot rq cooz zooz �- co Iry Q ;t r {� Q m co 00 0 r co co �} ko Q (v o � � � cv o � � � C � � � � � � r � W 4 9f 4 90' z L0' � L97 967 6Z'£ 09,C W0 U' b 79' -b tt 4 9i' 4 90' � L0' Z 19' � 96' z M' 0 09' 0 4H zz' v ZS' b fts Sn) scud sala6uvsol -- (gf$ sn) soud seg jelnBad seq JejnB2H IJ94:) 8:)ud 1191811 859JOAV 41UOW Zl 3SV3M3NI %Z9 . cvwuow) ova 000z toot r co 0 ;t Tt LD 0 � � rn as � r �v N LD ED ED� � � r, r, O r r 1- nr I' M M M N til N r r r r r r r r r r r r r M M M as Z L6 Z SH U£ £ WE L9 £ ve, £ 6a, b 6 V 9£'t £9'b as 7- �6z 9H L9 £ b8 £ �at 6Vb 9£, b £9't (DVs Silk a3ud (si$ sn) �3!�d an!) seg jeln8om �e�n8� IP843 8:31.Jd 1121all a6RJaAV 41UOW 6 POTENTIAL OPTIONS • Voucher Program (Related to the Maximum Allowable Trips) • Increase Funding for the Program • Monitor Diversified's (Yellow Cab) Enforcement of Established Service Guidelines and Geographic Boundaries • Volunteer Driving Program • Increase Fares • Restrict the List of (13) Designated Medical Facilities • Eliminate the Case -by -Case Review • Review and Modify Geographic Boundaries Chang to Agenda Item 8.1 Exhibit IV DIAMOND RIDE (DIAL -A -CAB) ANNUAL COMPARISON REPORT Exhibit "IV" Mthly Avg- Mthly Monthly Monthly Mthly Avg-', Monthly Monthly Conpanion & Shared Mthly Avg- Average- Monthly Average- Average -Net For the Total Average- Average- ! Holiday Ride Trips Out Trips within Average- Net Cost Cost per Monthly Average - Fiscal Year Riders Seniors Disabled rider -Other ! Average of City City Mile per trip per Trip Rider Monthly Cost 2001-2002 1,903 1,376 480 48 427 931 973 8.00 $ 17.89 $ 14.06 $ 26,943.47 2002-2003 1,611 1,287 290 33 277 833 771 7.51 $ 17.59 $ 14.86 $ 22,104.33 — -- - - 2003-2004 1,469 1,121 324 24 219 766 704 7.50 $ 18.52 $ 14.13 $ 20,656.60 2004-2005 1,075 811 242 19 210 608 467 7.20 $ 13.26 $ 13.05 $ 16,758.66 2005-2006, 1,414 1,130 270 15 242 _ _ 734 677 16.10 $ 23.11 $ 18.43 $ 24,878.62 2006-2007 1,521 1,211 295 16 205 817 705 8.70 $ 22.50 $ 19.57 $ 28,766.92 2007-2008 1,863 1,483 353 27 72 940 923 7.80 $ 21.66 $ 19.08 $ 35,467,46 �- — - *' FY 2007-2008 does not include May or June 2008 - - 1- - --A- - - -- - - - --- TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA 9/SUBJECT: CITY CLERK DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:ze fn DATE: • 36t ADDRESS: ,1 Z 1 7 was .h S '*SHONE- Ut *104014 ORGANIZATION: •� AGENDA #/SUE3JECT: `i & -1) - &- 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 DIAMOND RIDE PROGRAM TYPE OF RIDE FREQUENCY # OF TRIPS Medical Appointments 2 x per week 16 • Doctor's Office Visits • Pharmacy • Dialysis • Physical Therapy Grocery Shopping 1 x per week 8 NOTE: The 5 bag restriction makes it necessary to purchase small amounts of groceries, which means we must shop more often. Church 1 x per week 8 Recreation 1 x per week 8 • Restaurants/Fast Food • Movies • Community Events • Bowling Miscellaneous 1 x per week 8 • Clothes Shopping • Beauty/Barber Shop • Fitness Center • Library • General Shopping (i.e. Target & K -Mart) • School Events TOTAL RIDES 50 I '• ,'.' , a ,IT TYPE OF RIDE FREQUENCY # OF TRIPS Medical Appointments 2 x per week 16 • Doctor's Office Visits • Pharmacy • Dialysis • Physical Therapy Grocery Shopping 1 x per week 8 NOTE: The 5 bag restriction makes it necessary to purchase small amounts of groceries, which means we must shop more often. Church 1 x per week 8 Recreation 1 x per week 8 • Restaurants/Fast Food • Movies • Community Events • Bowling Miscellaneous 1 x per week 8 • Clothes Shopping • Beauty/Barber Shop • Fitness Center • Library • General Shopping (i.e. Target & K -Mart) • School Events TOTAL RIDES 50 _ f _ i '• illkIlilUS-ICI-MATT �+ 1 TYPE OF RIDE FREQUENCY # OF TRIPS Medical Appointments 2 x per week 16 • Doctor's Office Visits • Pharmacy • Dialysis • Physical Therapy Grocery Shopping 1 x per week 8 NOTE: The 5 bag restriction makes it necessary to purchase small amounts of groceries, which means we must shop more often. Church 1 x per week 8 Recreation 1 x per week 8 • Restaurants/Fast Food • Movies • Community Events • Bowling Miscellaneous 1 x per week 8 • Clothes Shopping • Beauty/Barber Shop • Fitness Center • Library • General Shopping (i.e. Target & K -Mart) • School Events TOTAL RIDES 50 11AMOND RIDE PROGRAM • -� TYPE OF RIDE FREQUENCY # OF TRIPS Medical Appointments 2 x per week 16 • Doctor's Office Visits • Pharmacy • Dialysis • Physical Therapy Grocery Shopping 1 x per week 8 NOTE: The 5 bag restriction makes it necessary to purchase small amounts of groceries, which means we must shop more often. Church 1 x per week 8 Recreation 1 x per week 8 • Restaurants/Fast Food • Movies • Community Events • Bowling Miscellaneous 1 x per week 8 • Clothes Shopping • Beauty/Barber Shop • Fitness Center • Library • General Shopping (i.e. Target & K -Mart) • School Events TOTAL RIDES 50 DIAMOND RIDE PROGRAM 1 , MONTHLY RIDES TYPE OF RIDE FREQUENCY # OF TRIPS Medical Appointments 2 x per week 16 • Doctor's Office Visits • Pharmacy • Dialysis • Physical Therapy Grocery Shopping 1 x per week 8 NOTE: The 5 bag restriction makes it necessary to purchase small amounts of groceries, which means we must shop more often. Church 1 x per week 8 Recreation 1 x per week 8 • Restaurants/Fast Food • Movies • Community Events • Bowling Miscellaneous 1 x per week 8 • Clothes Shopping • Beauty/Barber Shop • Fitness Center • Library • General Shopping (i.e. Target & K -Mart) • School Events TOTAL RIDES 50 3 • •a - ly0fel ■ TYPE OF RIDE FREQUENCY # OF TRIPS Medical Appointments 2 x per week 16 • Doctor's Office Visits • Pharmacy • Dialysis • Physical Therapy Grocery Shopping 1 x per week 8 NOTE: The 5 bag restriction makes it necessary to purchase small amounts of groceries, which means we must shop more often. Church 1 x per week 8 Recreation 1 x per week 8 • Restaurants/Fast Food • Movies • Community Events • Bowling Miscellaneous 1 x per week 8 • Clothes Shopping • Beauty/Barber Shop • Fitness Center • Library • General Shopping (i.e. Target & K -Mart) • School Events TOTAL RIDES 50 r.. TYPE OF RIDE FREQUENCY # OF TRIPS Medical Appointments 2 x per week 16 • Doctor's Office Visits • Pharmacy • Dialysis • Physical Therapy Grocery Shopping 1 x per week 8 NOTE: The 5 bag restriction makes it necessary to purchase small amounts of groceries, which means we must shop more often. Church 1 x per week 8 Recreation 1 x per week 8 • Restaurants/Fast Food • Movies • Community Events • Bowling Miscellaneous 1 x per week 8 • Clothes Shopping • Beauty/Barber Shop • Fitness Center • Library • General Shopping (i.e. Target & K -Mart) • School Events TOTAL RIDES 50 •-• -_111 NOTE: Every trip is really TWO RIDES. TYPE OF RIDE FREQUENCY # OF TRIPS Medical Appointments 2 x per week 16 • Doctor's Office Visits • Pharmacy • Dialysis • Physical Therapy Grocery Shopping 1 x per week 8 NOTE: The 5 bag restriction makes it necessary to purchase small amounts of groceries, which means we must shop more often. Church 1 x per week 8 Recreation 1 x per week 8 • Restaurants/Fast Food • Movies • Community Events • Bowling Miscellaneous 1 x per week 8 • Clothes Shopping • Beauty/Barber Shop • Fitness Center • Library • General Shopping (i.e. Target & K -Mart) • School Events TOTAL RIDES 50 TYPE OF RIDE FREQUENCY # OF TRIPS Medical Appointments 2 x per week 16 • Doctor's Office Visits • Pharmacy • Dialysis • Physical Therapy Grocery Shopping 1 x per week 8 NOTE: The 5 bag restriction makes it necessary to purchase small amounts of groceries, which means we must shop more often. Church 1 x per week 8 Recreation 1 x per week 8 • Restaurants/Fast Food • Movies • Community Events • Bowling Miscellaneous 1 x per week 8 • Clothes Shopping • Beauty/Barber Shop • Fitness Center • Library • General Shopping (i.e. Target & K -Mart) • School Events TOTAL RIDES 50 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �� i3�ie7 (%Z �� l�� DATE: / ADDRESS: - (9� PHONE: -;99 /-454-6 ORGANIZATION: AGENDA #/SUIBJECT: lcJ i / f--1CA 7- /ONS 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: t`'l�' i�0 DATE: ^ / 7 —Q ADDRESS: % T A PHONE ORGANIZATION: AGENDA #/SUBJECT: f �- 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 C� TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: (v PHONE:`��9� GZ 6 A"41 11 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m name and addiress as written above. Signature