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Tuesday, January 20, 2009
5:00 p.m. — Closed Session CC -8
(Teleconference Location: 1416 A Street, NE, Washington D.C.)
5:30 p.m. - Study Session CC -8
6:30 p.m. — Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
Ron Everett Carol Herrera
Mayor Mayor ProTem
Wen P. Chang Jack Tanaka Steve Tye
Council Member Council Member Council Member
City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins
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inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours.
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
January 20, 2009
Next Resolution No. 2009-02
Next Ordinance No. 01 (2009)
CLOSED SESSION: 5:00 p.m., Room CC -8
Public Comments on Closed Session Agenda
Government Code Section 54956.9(c) Initiation of Litigation —
One Case.
STUDY SESSION:
5:30 p.m., Room CC -8
Update on Negotiation Process with Waste Haulers — Discussion
and Action.
Public Comments
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
6:30 p.m.
Mayor
Ab Kastl, Associate Pastor
Diamond Canyon Christian Center
ROLL CALL: Council Members Chang, Tanaka,
Tye, Mayor Pro Tem Herrera, Mayor
Everett
APPROVAL OF AGENDA: Mayor
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.
January 20, 2009 PAGE 2
2.1 Introduction of Asst. Battalion Chief Greg Jones who will serve as acting
Assistant Chief for the Los Angeles County Fire Department.
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 brief) respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting — January 22, 2009 — 7:00
p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr.
5.2 Planning Commission Meeting — January 27, 2009 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 Freeway Complex Fire Public Safety Appreciation Event — February 3,
2009 — 5:00 — 6:15 p.m., AQMD/Government Center Cafeteria, 21865
Copley Dr.
5.4 City Council Meeting — February 3, 2009 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes — Regular Meeting of January 6, 2009 — Approve
as submitted.
6.2 Traffic and Transportation Commission Minutes — Regular Meeting of
November 13, 2008 - Receive and file.
January 20, 2009 PAGE 3
6.3 Ratification of Check Register — Dated December 31, 2008 through
January 14, 2009 totaling $1,413,152.64.
Requested by: Finance Department
6.4 Adopt Resolution No. 2009 -OX: Approving the Application for
$195,681 of Land and Water Conservation Grant Funds, which if
Awarded, Requires a $195,681 Match from the City, for the
Summitridge Park Southern Trail Project.
Recommended Action: Adopt.
Requested by: Community Services Department
6.5 Approval of Contract Amendment No. 2 with Fehr & Peers in the
Amount of $55,000; and Amendment No. 3 with Sasaki
Transportation Services in the Amount of $25,000 for Professional
Services Related to the State Route 57/60 Freeway Congestion Relief
Strategy.
Recommended Action: Approve Amendments.
Requested by: Public Works Department
6.6 Adopt Resolution No. 2009 -XX: Establishing an Approved Vendor
List as Defined in Ordinance No. 05(2006).
Recommended Action: Adopt.
Requested by: Finance Department
6.7 Approve Plans and Specifications and Award of Construction
Contract for the 2008-09 Community Development Block Grant Curb
Ramp Installation Project in the Vicinity of Neil Armstrong
Elementary School to Fonseca Construction, Inc. in the Amount of
$46,191 and Authorize a Contingency Amount of $11,500 for Project
Change Orders to be Approved by the City Manager for a Total
Authorization Amount of $57,691.
Recommended Action: Approve and Award.
Requested by: Public Works Department
7. PUBLIC HEARINGS: None.
8. COUNCIL CONSIDERATION: None.
January 20, 2009 PAGE 4
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT: In memory of former Council Member Dexter MacBride's wife
Grace MacBride.
Study Session
DATE: January 16, 2009
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Manager
FROM: David G. Liu, Director of Public Works
'IV
TITLE: Solid Waste Franchise Study Session of January 20, 2009
As we begin our first month of solid waste contract negotiations, some key issues need
to be considered. HF&H will present and discuss the following issues:
1. Franchise Fees,
2. Road Maintenance Costs,
3. Street Sweeping Costs, and
4. Other Council Issues.
Please review the attached information and let us know if you have any questions.
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Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 6, 2009
FT
CLOSED SESSION: 5:38 p.m. — Room CC -8 D 117
Public Comments on Closed Session Agenda — None Offered.
Government Code Section 54956.9(c) Initiation of Litigation — One Case.
CALL TO ORDER: Mayor Everett called the regular City Council meeting
to order at 6:38 p.m. in the AQMD/Government Center Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Mayor Everett led the Pledge of Allegiance.
INVOCATION: Ahmad H. Sakr, Ph.D, Islamic Education Center gave
the invocation.
CA/Jenkins reported that during Closed Session no public comments were offered and
no reportable action was taken by Council. Closed Session was adjourned at
approximately 6:35 p.m.
ROLL CALL: Council Members Wen Chang, Jack Tanaka, Steve
Tye, Mayor Pro Tem Carol Herrera and Mayor Ron Everett.
Staff Present: James DeStefano, City Manager; David Doyle, Asst.
City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu,
Public Works Director; Bob Rose, Community Services Director; Linda Magnuson,
Finance Director; Greg Gubman, Acting Community Development Director; Ryan
McLean, Assistant to the City Manager; Cecilia Arellano, Public Information
Coordinator; Lauren Hildago, Public Information Specialist, and Tommye Cribbins, City
Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
2
1.1 M/Everett and Council presented Certificates of Recognition to the 2008-
09 Diamond Ranch High School Panther Football Team and Coaches for
competing in the CIF Southern Section Semi -Final Varsity Football Game
— Southeast Division. Acting Principal Suzanne Steinseifer-Ripley, and
Coach Rodney Layton named the individual recipients.
CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/DeStefano stated that P. Michael Freeman, Los Angeles County Fire Chief,
announced that Greg Jones, currently a battalion chief at the Pomona Fire
Station will be serving as the Acting Assistant Chief.
3. PUBLIC COMMENTS: None Offered.
JANUARY 6, 2009 PAGE 2 CITY COUNCIL
C!
n.
SCHEDULE OF FUTURE EVENTS:
5.1 Holiday Tree Curbside Collection Program — Continues through January
17, 2009. Trees free of decorations and flocking may be left at the curb
on trash day for free pickup during this period. Any tree over 6 feet must
be cut in half.
5.2 Traffic and Transportation Commission Meeting — January 8, 2009 — 7:00
p.m., AQMD/Government Center Hearing Board Room, 21865 Copley
Drive.
5.3 Planning Commission Meeting — January 13, 2009 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
5.4 Winter Snow Fest — Saturday, January 17, 2009 — 10:00 a.m. to 4:00 p.m.,
Pantera Park, 738 Pantera Drive.
5.5 City Council Meeting — January 20, 2009 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
CONSENT CALENDAR:
C/Chang moved, C/Tye seconded, to approve the Consent Calendar as
presented. Motion carried by the following Roll Call:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera,
M/Everett
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES
(a) Study Session of December 16, 2008 — Approved as submitted.
(b) Regular Meeting of December 16, 2008 — Approved as submitted.
6.2 RATIFIED CHECK REGISTER — Dated December 11, 2008 through
December 30, 2008 totaling $917,670.32.
6.3 APPROVED TREASURER'S STATEMENT — Month of November 2008.
6.4 ADOPTED RESOLUTION NO. 2009-01: CONFIRMING THE
APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS.
6.5 RECEIVED AND FILED TRANSMITTAL OF COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2008.
JANUARY 6, 2009 PAGE 3 CITY COUNCIL
7. PUBLIC HEARINGS: None
• • 1J a :7 111•.i�9[di1IIkgMINviIAM:lAMIM14011
C/Tye reported on the Diamond Bar Community Foundation Gala held on
Sunday, January 4 and congratulated Jody Roberto and her team for their
outstanding contribution to the success of the event. He again congratulated the
Diamond Ranch High School Football team on their accomplishments. He
congratulated the Diamond Bar Long Horn Dance Team for finishing in 5th Place
at the National Spirit and Dance Championship. He stated that the Hula Studio
in D.B. donated space for the Pop Warner Team to practice and folks in D.B.
including the Diamond Bar Community Foundation gave money toward their
expenses to get them to Florida for the competition. C/Tye asked that tonight's
meeting be adjourned in memory of Elsie Fullerton. Her husband, George
Fullerton, works at Diamond Ranch High School and has served in the Pomona
Unified School District for more than 30 years. C/Tye further asked that
everyone remember George in their thoughts and prayers as he recuperates;
and always, always remember to kiss someone you love.
C/Chang wished everyone a Happy New Year and a better economy in 2009.
He stated that there had been a reception and appreciation dinner honoring the
City's Volunteers on Patrol, many of whom donated in excess of 5000 hours; with
some donating in excess of 20,000 hours to the City. He believed that during the
economic downturn D.B. would have some challenges with a possible drop in
sales and property taxes. He asked staff to look for other income sources and
continue to carefully budget by cutting expenses wherever possible. He further
asked that staff bring forward the information to the Council during a future study
session.
C/Tanaka wished everyone a Happy New Year and again congratulated the
Diamond Ranch High School football team. He attended the dinner meeting for
California Contract Cities Association at Hurst Ranch; the appreciation dinner
hosted by the Diamond Bar Chinese Association, Evergreen Senior Group, The
Country Estates and Crystal Ridge Homeowners Association in appreciation for
the volunteerism of the City's public safety officers, Firefighters and Sheriff's. He
thanked the Volunteers on Patrol for the many hours of volunteer service. He
attended the Senior Citizen's New Year's Eve celebration at Heritage Park; the
Diamond Bar Community Foundation Gala.
MPT/Herrera stated that recently many individuals had been asking her about the
financial condition of the City; and that they had expressed concerns that D.B.
might be in the same situation as some neighboring cities with millions of dollars
in deficit. MPT/Herrera stated she assured concerned individuals that D.B. has
been planning for a number of years to have reserves and that the City is very
conservative and has comfortable reserves. D.B. is prepared in case the State
JANUARY 6, 2009 PAGE 4 CITY COUNCIL
decides to balance their budget deficit by encroaching on some of the monies the
cities are supposed to receive. D.B. is prepared with contingency plans.
Residents were happy to hear the positive report and thanked the City Council
for their leadership and staff in promoting a conservative agenda. 2008 is gone
and so are many of the major disasters — earthquakes, fires, etc. She hoped that
2009 would prove to be better and wished everyone a Happy New Year.
M/Everett joined his colleagues in wishing everyone a Happy New Year. He
encouraged everyone to practice prudent measures with their budgets and make
this a team effort to keep the City in sound financial condition. He invited
everyone to go online and look at the City's most recent audit results. Residents
told him they appreciated the more reader -friendly City News format. He invited
residents to participate in the upcoming Snow Fest. He said he was delighted to
be able to recognize Diamond Ranch High School Panther Varsity football team
members and administrators this evening. He too asked that residents continue
to think of Mr. Fullerton, Assistant Principal, Diamond Ranch High School as he
gets back on his feet following the tragic accident that resulted in the loss of his
wife, Elsie.
ADJOURNMENT: With no further business to conduct, M/Everett adjourned the
regular City Council meeting at 7:17 p.m. in memory of Elsie Fullerton.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of 2009.
RON EVERETT, MAYOR
CITY OF •.,. • D BAR
NOVEMBER!0`
Agenda No. 6.2
Chairman Mok called the meeting to order at 7:02 p.m. in the South Coast Air Quality
Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Also Present:
APPROVAL OF MINUTES:
Commissioner Pincher led the Pledge of Allegiance.
Commissioner Kevin House, Liana Pincher,
Michael Shay, Vice Chair Jimmy Lin, Chair
Kenneth Mok
David Liu, Public Works Director; Rick Yee, Senior
Civil Engineer; Kimberly Molina, Associate
Engineer; Christian Malpica-Perez, Associate
Engineer, and Marcy Hilario, Senior Administrative
Assistant.
A. Minutes of the October 9, 2008 regular meeting.
C/House moved, C/Shay seconded, to approve the October 9, 2008 minutes
as corrected. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: House, Pincher, Shay, Chair/Mok
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: VC/Lin
ABSENT: COMMISSIONERS: None
II. PUBLIC COMMENTS: None Offered.
III. ITEMS FROM STAFF:
A. Received and Filed Traffic Enforcement Updates for:
1. Citations: August, September & October 2008
2. Collisions: August, September & October 2008
3. Street Sweeping: August, September & October 2008
IV. OLD BUSINESS
A. Sunset Crossing and Prospectors Road Traffic Calming Project.
NOVEMBER 13, 2008 PAGE 2 T&T COMMISSION
SE/Yee provided a history of the project, presented exhibits detailing final
design concepts and recommended that the Traffic and Transportation review
the final design, receive public comments and concur with staff to implement
the proposed traffic calming improvements along Sunset Crossing Road and
Prospectors Road. Staff plans to advertise for construction in late November
and into December with construction commencing in early 2009. Once the
devices are implemented, staff will continue to measure effectiveness during
the immediate six-month period following construction and perform an
evaluation to determine whether further adjustments may be needed.
C/House asked if the grant funding allowed for landscape on the medians
instead of the river rock. SE/Yee responded that there are two major funding
sources — Proposition 1 B and the Hazards Elimination Safety (HES) Fund that
allowed for landscaping and river rock.
Chair/Mok asked if there would be irrigation on Sunset Crossing and SE/Yee
stated that a full blown irrigation system would be installed. On Prospectors
Road, because the improvements are so spread out, it was not economical to
install an irrigation system so those areas will be irrigated via water trucks.
C/Shay complimented staff on excellent two-way communication between
residents and staff.
VC/Lin said he felt the devices would reduce speed. At the intersection of
Prospectors Road and Rock River Drive there is a bump out traffic for
northbound traffic. However, nothing was done for southbound traffic and
typically the curb would be pushed out on both sides to create a bottleneck
effect. SE/Yee thanked VC/Lin for his comment and said staff would take it
under advisement. One of the issues staff has attempted to be cautious about
is adverse impacts to driveways.
C/Pincher asked if this installation would be permanent and SE/Yee explained
that staff would measure effectiveness. Staff and the City's consultant believe
this should be an appropriate and effective approach. However, if there are
minor tweaks or adjustments that need to be made based on monitoring those
changes may be implemented. SE/Yee said that residents asked if this would
be a test run. However, as the City's traffic engineers indicate, temporary
measures conjure negative feelings. The idea of landscaping is a vertical
element that cannot be compared in a temporary situation. Since this is a
major cut through area and temporary measures could have created additional
complexities for the City. PWD/Liu stated that the proposed traffic calming
devices are proven devices. What staff has added is the aesthetic component
to make certain these devices offer enhancements to the neighborhood.
SE/Yee responded to C/House that the engineer's estimate was roughly
$400,000. The budget currently consists of $220,000 of HES Federal Funding
and $220,000 of Proposition 1 B funding. $60,000 will come from the City's
General Fund to meet the matching funds requirement.
NOVEMBER 13, 2008 PAGE 3 T&T COMMISSION
Frank Sartini, 509 Deep Hill Road, said he was completely surprised because
he left the last meeting with the understanding that speed humps would not be
part of the final design. He has no issues with the other measures although he
felt anything that narrowed Prospectors Road to any great extent should be
carefully thought out. Also, he has not seen a lot of input from the community.
He wanted to know if there was time to submit a petition in opposition to the
speed humps.
Fiona Kwok, 233 N. Prospectors Road, said she was pleased to learn there
would be landscaping with the river rock. She too was present during
discussions about speed cushions and not speed humps. Fiona Kwok said
she was in favor of the project. Contrary to the previous speaker she is aware
that hundreds of her neighbors have been waiting for installation of speed
cushions and calming devices primarily because of concern for the many
children in the neighborhood.
Larry Matsui, 426 N. Prospectors Road, believed the primary objective was to
slow the speed of traffic on Prospectors. He asked if staff anticipated that the
volume of traffic would also be reduced as a result of these efforts or if the
volume would tend to remain the same with traffic backing up along
Prospectors Road. He also understood that there were no measures
proposed between Sunset Crossing Road and Palo Cedro Drive and
wondered whether his assumptions were correct.
PWD/Liu stated that staff tries to notify every resident within the neighborhood
for all meetings and he believed staff had done a good job in their outreach.
The goal was to reach out to as many residents as possible and to ultimately
implement improvements thatwould benefit the neighborhoods, especially with
respect to cut through and volumes of traffic. This proposal includes speed
cushions. The combination of these traffic calming devices is an integral part
of immediate results and staff is recommending that the Commission move
forward to implement the three speed cushions along with the other items. At
the end of this process, if it is deemed advisable, those three speed cushions
can easily be removed. The proposed mitigation measures are directed at two
identified neighborhood issues: 1) cut through traffic and 2) speeding traffic.
SE/Yee responded to Mr. Matsui that the exhibit includes improvements at
intersections and T -intersections because drivers expect to be more cautious
at intersections. Bulges are being located at intersections with some bulges
on Sunset Crossing Road because it is a much wider street.
C/Shay responded to Mr. Sartini that the residents were informed throughout
this process and there is a big difference between communication and
involvement. When the City sends out 1,300 or more mailers to residents
within the neighborhood and 10-25 people show up to discuss the issues it is a
challenge for staff and often it is a disappointment that residents are not more
involved. PWD/Liu said that 1,200 mailings were sent out to notify residents of
NOVEMBER 13, 2008 PAGE 4 T&T COMMISSION
three or four meetings prior to the presentation to City Council. C/Shay said
that it is well documented that the residents of this neighborhood have been
notified time and time again.
PWD/Liu said there had been a very good dialogue between residents and
staff. Certainly, all . expectations will not be met in a manner that some
residents perceive the needs. The objectives were to reduce the speed and
the volume and, as stated in tonight's presentation, all public input was
considered. The needs of the residents are made very clear through their
comments and the proposed installations are the most beneficial for this
neighborhood. For example, the sign -in sheet from March 1, 2007 shows that
close to 40 residents signed in.
SE/Yee responded to VC/Lin that the speed cushions are about 250 to 300
feet apart.
C/House said that in the future he would like to have the comments from the
residents available to him. SE/Yee said surveys were sent to 1,200 residents
and 172 responses were returned. in order of ranking, speed cushions and
landscaped medians for Sunset Crossing Road and speed cushions on
Prospects Road ranked #1. Out of 172 responses for Prospectors Road, 87
wanted speed cushions for traffic calming. C/House said he was not in favor
of speed humps on Fountain Springs when they were installed. However, the
majority ruled and they were installed. Despite his feelings, speed cushions
have proved favorable in every case of installation. Over time, there is not
much of a raise in the asphalt and he encouraged the speakers to give it a try.
SE/Yee added that part of the reason staff includes a six-month evaluation
period is to consider the true effectiveness of the installation.
A motion was made by C/Shay and seconded by C/Pincherto concurwith staff
to implement the proposed traffic calming improvements along Sunset
Crossing Road and Prospectors Road. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
House, Pincher, Shay, VC/Lin
Chair/Mok
None
None
PWD/Liu advised that the actual number of returned surveys was 263 with 176
Prospectors Road residents voting for speed cushions and 147 Sunset Crossing
residents voted for speed cushions.
NOVEMBER 13, 2008 PAGE 5 T&T COMMISSION
A. Strange Creek Drive and Overlook Ridge Road Stop Sign Installation.
AE/Malpica-Perez presented staff's report and recommended that the Traffic
and Transportation Commission concur with staff's recommendation of the
stop sign and regulatory signage installation at the referenced intersection.
VC/Lin recommended a "slow down for curve" sign without indicating a speed
limit. PWD/Liu said this matter was part of an overall educational process for
motorists. What staff is proposing together with the stop sign at the
intersecting leg is to have a couple of warning/advisory signs that would advise
drivers that the speed limit should be about 15 mph.
C/Pincher asked what the arrow on Overlook was just past the corner where
the stop sign was proposed. AE/Malpica-Perez responded that it was a no
parking legend.
VC/Lin said that in his 35 years in the business, he never installed a sign with
a 15mph advisory and he did not think any residential street was designed to
be a 15mph speed. In some places advisories are important. He would rather
that a curve sign with yellow background be installed and that the speed
advisory be eliminated from that sign. There could be a smaller rectangular
plate indicating 15mph on the bottom but he would rather not have the
advisory sign at all.
C/Shay said that the "Reduce Speed Ahead" sign on Golden Springs works
well. if motorists are being asked to drop down to 15mph they could be
subject to tickets and perhaps a compromise would be to install a "reduce
speed ahead" sign.
David Wong, 23834 Strange Creek Drive, said that motorists coming down
from Strange Creek must reduce their speed to a near or complete stop to
make,a right or left turn and he did not understand why it was necessary to
place a stop sign there. He would prefer that a stop sign be put on Overlook
Ridge Road if only one sign is authorized. If the City has a budget he would
prefer two stop signs — one on Strange Creek and one on Overlook. Visitors
are the ones who speed and do not understand the neighborhood.
Chair/Mok asked if there was a law or regulation that would prefer the City
from installing a stop sign that close to a curve. PWD/Liu reiterated the state's
warrant criteria for installation of stop signs and cited the vehicle code.
Tonight's proposal for an advisory sign is to educate drivers that when
approaching the street and before making a full left turn motorists must come
to a full stop and look both directions before proceeding.
NOVEMBER 13, 2008 PAGE 6 T&T COMMISSION
PWD/Liu responded to VC/Lin that during the past five years no accidents
were reported at this site.
PWD/Liu responded to C/Pincher that the City's traffic engineer observed
vehicles and observed the speed, line of sight, accident historyforthe pastfive
years, etc. for the site. There was no physical collection of speed data
because there is not a high volume of vehicles in this neighborhood. The
proposed stop sign is reinforcing the vehicle code requirement for vehicles to
come to a complete stop at a through street.
SE/Yee responded to Chair/Mok that as a responsible agency the City
considers any and every request it receives and evaluates the situation.
Based on one letter staff worked with the City's traffic engineer to conduct
sight observations and based on those observations he recommended that as
noted in the memo that the sight distance could be approved.
A motion was made by VC/Lin and seconded by C/Shay to concur with staff's
recommendation for the stop sign and regulatory signage installation at
Strange Creek Drive and Overlook Ridge Road and to replace the 15 mph
advisory signage with a more compatible sign.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: House, Pincher, Shay, VC/Lin
Chair/Mok
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
VI. STATUS OF PREVIOUS ACTION ITEMS - None
VII. ITEMS FROM COMMISSIONERS —C/House said the parkway area on Diamond Bar
Boulevard between Sugarpine and Fountain Springs is still in need of further
maintenance. At the corner of Diamond Bar Boulevard and Fountain Springs
(southbound right turn onto Fountain Springs) there is a "blind" corner when vehicles
are sitting at the shopping center driveway.
C/Pincher stated that last week she saw that the pelicans had returned to Bird Rock.
She said that a lot of cities have signage to remind folks that what they put into the
street gutters eventually ends up in the ocean. PWD/Liu said there are signs in the
City that are posted as a requirement under the Storm Water Quality permit. There is
a stenciling program at each catch basin location throughout the City. AE/Molina
stated that as some of the City's private commercial locations are being upgraded,
they are required to put the stencils on the private property as well.
NOVEMBER 13, 2008 PAGE 7 T&T COMMISSION
A. Brea Canyon Grade Separation Project — SE/Yee was pleased to report that
as of October 31St Brea Canyon Road opened to through and pedestrian
traffic.
B. Traffic Signal Interconnect Links — Phase I — SE/Yee reported that the project
is about 95 percent completed and once the current Grand Avenue roadway
improvement is completed, the project will be finished.
C. Verizon's FIGS Project — SE/Yee said the fiber optic service installation to
residences in Areas 5 and 6 is underway. C/House had issues with the
overhead cable and SE/Yee asked to meetwith C/House following the meeting
to discuss the matter.
D. Grand Avenue Street Improvements — Phase III — SE/Yee reported that the
paving -has been completed and there is still a small amount of irrigation work
left to be completed along with the landscape plants. The project is slated for
completion just prior to the Thanksgiving holiday. C/House wanted staff to
make sure the pavement paint markings were removed. SE/Yee responded
that as usual, once the project is completed there will be a punch list of items
the contractor will have to address.
E. Traffic Signal Modification Project (FY 2007-2008)—AE/Malpica-Perez stated
that upgrades have been completed for the intersection of Brea Canyon Road
and Diamond Bar Boulevard as well as Brea Canyon Road at Pathfinder Road.
Battery backup and pedestrian push button systems were installed to meet
ADA requirements.
F. Industry's Grand Avenue Bridge Widening/Interchange Project — PWD/Liu
reiterated that D.B. will not move forward to endorse any project alternatives
until there is confirmation that the project fits into the "big fix" solution.
G. Lemon Avenue On/Off Ramps Project — PWD/Liu reported that last week
Caltrans informed the City that they are ready to approve the environmental
document and move forward with the project without D.B.'s alternative plan.
D.B. is continuing to work with Caltrans on the matter because of the
cumulative impacts of these projects.
H. SR57/60 Feasibility Study — PWD/Liu stated that the City concluded its review
of the draft study and will meet next week with Metro and their consultant to
review the comments.
1. NFL Football Stadium — PWD/Liu reported that the City has a lot of concerns
about Industry's proposal and continues to hope that Industry will be
responsive to the City's concerns and issues.
J. Diamond Bar Boulevard and Mountain Laurel Crosswalk — SE/Yee reported
that because of the improvement to require crossing Diamond Bar Boulevard
on the south side of the intersection the City is looking into the feasibility of
removing the crosswalk on the north side.
K. 2008-2009 CDBG Curb Ramp Project — AE/Molina stated that this year's
program will focus on installation of approximately 30 curb ramps in the
neighborhood surrounding Neil Armstrong Elementary school. On November
4, 2008 Council approved a Design and Construction Management Contract to
NOVEMBER 13, 2008 PAGE 8 T&T COMMISSION
Norris, Repke in the amount of $25,890. Staff expects the design to be
completed in December with construction commencing January 2009 and full
completion by March 2009.
L. NTMP — Palomino Drive, Forest Canyon Neighborhoods — AE/Molina stated
that at its November 4th meeting, Council approved a contract with Premier
Paving. The contract is for $74,549. The pre -construction meeting is
scheduled for November 20th with construction to begin in the first two weeks
of December. Notices will be sent to residences informing them that
construction will begin and a second notice will be sent within 48 -hours of
construction commencement.
M. Residential -Area 5/Arterial — Zone 3 Slurry Seal Project —AE/Molina reported
that 90 percent of the design has been completed and is being reviewed by
staff. Staff expects to go to bid in February and attempt to start construction
for the arterial before summer and the residential portion during the summer
when school is not in session.
N. Chino Hills Parkway Street Rehab Project — AE/Molina stated that staff heard
from Caltrans that D.B. had submitted its request in April 2008 but since the
fiscal year had changed, staff was requested to submit new fiscal year forms.
Staff resubmitted its request using the new forms on November 6th and is
awaiting a Caltrans response.
VIII. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda.
PWD/Liu reported that the Chino Hills City Hall address under Item C — AB 1234
Ethics Training, should read 14000 City Center Drive next to The Shoppes at Chino
Hills.
ADJOURNMENT: There being no further business to come before the Traffic and
Transportation Commission, Chair/Mok wished everyone a Happy Thanksgiving and
adjourned the meeting at 9:03 p.m.
The foregoing minutes are hereby approved this 96 day of ons 12009.
Respectfully,
;�"'7
Da iii d flu, Secretary
Attest
Chairman Kenneth Mok
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
t
FROM: James DeStefano, City Ma a
TITLE: Ratification of Check Register dat d December 31,
14, 2009 totaling $1,413,152.64
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $1,413,152.64 in City funds.
Agenda # 6.3
Meeting Date: January 20, 2009
AGENDA REPORT
2008 through January
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 December 31, 2008 through
January 14, 2009 for $1,413,152.64 is being presented for ratification. All payments
have been made in compliance with the City's purchasing policies and procedures.
Payments have been reviewed and approved by the appropriate departmental staff and
the attached Affidavit affirms that the check register has been audited and deemed
accurate by the Finance Director.
PREPARED BY:
Linda G. Magnuson
Finance Director
REVIEWED BY:
,
Finance Director Assistant City Manager
Attachments: Affidavit and Check Register —12/31/08 through 01/14/09.
1 i,
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated December 31, 2008 through January 14, 2009 has been audited
and is certified as accurate. Payments have been allowed from the following funds in
these amounts:
Description
Amount
General Fund
$1,157,090.18
Prop A - Transit Fund
14,095.73
Prop C - Transit Fund
2,323.26
Int. Waste Mgt Fund
13,035.62
CDBG Fund
6,099.15
LLAD 38 Fund
3,930.56
LLAD 41 Fund
17.52
Capital Improvement Project Fund
216,560.62
$1,413,152.64
Signed:
Ar qRM*✓j
Linda G. Magnuson
Finance Director
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CITY COUNCIL
Agenda # 6.4
Meeting Date: 1120109
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man+P, W
TITLE: RESOLUTION NO. 09 -XX OF THS CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE APPLICATION FOR $195,681 OF LAND AND WATER
CONSERVATION GRANT FUNDS, WHICH IF AWARDED, REQUIRES A
$195,681 MATCH FROM THE CITY, FOR THE SUMMITRIDGE PARK
SOUTHERN TRAIL PROJECT.
RECOMMENDATION: Adopt the Resolution.
FINANCIAL IMPACT: Development of the Summitridge Park Southern Trail is estimated to
cost $391,361. The Land and Water Conservation grant requires a 50% match from the City.
Therefore, if the entire estimated amount of $391,361 is approved, then the grant will fund
$195,681 and the City of Diamond Bar will be responsible for funding the remaining $195,681
There are Park Development funds and Proposition A "Safe Parks Act" funds available for this
match. Staff will also apply for other grants as a possible source to fund this amount.
BACKGROUND: A southern trail at Summitridge Park is part of the City's Recreational Trails
and Bicycle Route Master Plan. Estimated cost to fund these improvements is $391,361. The
Land and Water Conservation grant provides an opportunity to obtain funding to develop this
hard pan trail. As this is a matching grant, any grant funds awarded to the City of Diamond Bar
will have to be matched at 50% by the City.
DISCUSSION: The grant application for this grant is being prepared by Community Services
staff. The decomposed granite trail, will be developed from the lower parking lot of the
Diamond Bar Center down the existing hardpan trail that leads to the Steep Canyon trail. The
project will include split rail fencing and construction of landscape tie steps down the slope,
another area of landscape tie steps to help mitigate the 30% grade in the middle of the trail,
one viewing area with shade structure, one rest stop, trash receptacles and interpretive
signage. The application is due March 2, 2009. This Resolution is a required element of the
grant application. This is one of many applications that staff has submitted in an effort to obtain
funds to construct improvements identified in the Trails Master Plan. Examples are funding for
the four phases of the Sycamore Canyon Park Trails and the trailheads at Steep Canyon and
the east side of the Diamond Bar Center property.
PREPARED BY: RE 1 W • D B
Alison Meyers
Recreation Specialist b. se
Director of Community Services
RESOLUTION NO. 2009 -
RESOLUTION OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR LAND
AND WATER CONSERVATION FUND FOR THE SUMMITRIDGE PARK SOUTHERN TRAIL
PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal
Land and Water Conservation Fund Grant -In -Aid program, providing Matching funds to the State of
California and its political subdivisions for acquiring lands and developing Facilities for public outdoor
recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for administration of
the program in the State, setting up necessary rules and procedures governing Applications by local
agencies under the program; and
WHEREAS, said adopted procedures established by the State Department of Parks and Recreation
require the Applicant to certify by resolution the approval of Applications and the availability of eligible
Matching funds prior to submission of said Applications to the State; and
WHEREAS, the proposed Summitridge Park Southern Trail Project is consistent with the most
recent California Outdoor Recreation Plan (CORP); and
WHEREAS, the Project must be compatible with the land use plans of those
jurisdictions immediately surrounding Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar hereby:
1. Approves the filing of an Application for Land and Water Conservation Fund assistance; and
2. Certifies that said agency has Matching funds from eligible source(s) and can finance 100 percent
of the Project, which up to half may be reimbursed; and
3. Certifies that the Project is compatible with the land use plans of those jurisdictions immediately
surrounding the Project; and
4. Appoints the City Manager as agent of the Applicant to conduct all negotiations and execute and
submit all documents, including, but not limited to, Applications, contracts, amendments, payment
requests, and compliance with all applicable current state and federal laws which may be necessary
for the completion of the aforementioned Project.
Approved and Adopted on the 20 day of January, 2009.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the City Council of the
City of Diamond Bar following a roll call vote:
The City Clerk shall certify to the adoption of the Resolution.
PASSED, APPROVEDAND ADOPTED this 20 day of January, 2009.
Ron Everett,
Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of the City
of Diamond Bar held on 20 day of January, 2009 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
City of Diamond Bar
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CITY COUNCIL
Agenda # 6. 5
Meeting Date: January 20, 2009
TO: Honorable Mayor and Members of the City Council
vVIA: James DeStefano, City Man
TITLE: APPROVE CONTRACT AMENDMENTS WITH FEHR & PEERS IN THE
AMOUNT OF $55,000 AND SASAKI TRANSPORTATION IN THE
AMOUNT OF $25,000 FOR PROFESSIONAL SERVICES RELATED TO
THE STATE ROUTE 57/60 FREEWAY CONGESTION RELIEF
STRATEGY
RECOMMENDATION:
Approve Contract Amendments.
FINANCIAL IMPACT:
The Traffic Improvement Fund for Fiscal Year 2008/2009 includes a budget amount of
$80,000 for professional engineering services related to the State Route 57/60 Freeway
Congestion Relief Strategy. Total expenditures to date from Sasaki Transportation and
Fehr & Peers services on the SR 57/60 Freeway Congestion Relief Strategy amount to
$186,100 which was budgeted and approved in prior Fiscal Years 2006/2007 and
2007/2008.
BACKGROUND/DISCUSSION:
The Fiscal Year 2008/2009 City Council Goals and Objectives identifies pursuit of the
SR 57/60 Freeway "Bix Fix" as a Traffic Mitigation objective. Efforts to work towards
this objective began in March 2007 when Sasaki Transportation and Fehr & Peers were
retained to provide technical support in evaluating two regionally significant interchange
projects (Lemon Avenue/SR-60 and the Grand Avenue Interchange Improvements)
along with the development of conceptual alternatives for the ultimate SR -57/60
solution. The services included assisting the City in addressing regional traffic concerns
and specific issues of concern regarding the aforementioned projects as well as the
NFL Stadium Environmental Impact Report (EIR). The combined services of Sasaki
Transportation and Fehr & Peers has enabled staff to comprehensively review and
evaluate the technical documents related to the State Route 57/60 Freeway Congestion
Relief Implementation Strategy.
To date, Sasaki Transportation and Fehr & Peers have completed a transportation
simulation model that models system wide performance of both the freeway and the
major arterials in Diamond Bar. A multitude of alternatives for the Grand Avenue
Interchange Improvements have been tested to determine impacts to arterial roadways
in Diamond Bar. A series of technical meetings have also occurred with City of
Industry's consultant team to coordinate traffic data and discuss the traffic operations
benefits among the various alternatives. The simulation modeling has led to several
refinements with the proposed Grand Avenue Interchange concept that will result in
improved traffic operations and better protection of land use and access needs within
Diamond Bar.
In regards to the "big -fix" alternatives for the 57/60 Interchange Improvements, Sasaki
Transportation and Fehr & Peers have reviewed and evaluated the recently circulated
MTA feasibility study report which discusses alternatives for the "big -fix" solution. Their
review has helped to identify deficiencies in the feasibility study regarding consistency
of the traffic data.
The Sasaki Transportation and Fehr & Peers team has also been instrumental in
reviewing submittals related to the proposed NFL stadium development in the City of
Industry. They aided the City in providing technical responses to traffic circulation and
mitigation issues presented in the Notice of Preparation and the Supplemental EIR for
the NFL Stadium.
The attached scope of work includes services to be continued through the remainder of
the 2008/2009 Fiscal Year and the first half of the 2009/2010 Fiscal Year. These
services include technical assistance and transportation simulation modeling to aid the
City in selecting a preferred Grand Avenue Interchange alternative and evaluating
alternatives for the ultimate SR 57/60 solution. Services will also include continued
assistance in evaluating impacts related to the proposed NFL Stadium and assisting the
City in the development of a preliminary plan to fund and phase the freeway -related
improvements.
PREPARED BY:
Rick Yee, Senior Civil Engineer Date Prepared: January 13, 2009
REVIEWED BY:
/ a,," -
D d G. L46, birector of Public Works
Attachment: Contract Amendment to Fehr & Peers Agreement
Contract Amendment to Sasaki Transportation Services Agreement
2
AMENDMENT
, •
• .
This Amendment No. 2 is made and entered into this day of January 2009,
between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred
to as "CITY") and Fehr & Peers (hereinafter referred to as "CONSULTANT").
A. RECITALS:
(1) The CITY has heretofore entered into an Agreement, with
CONSULTANT to provide consulting services, which the Agreement was dated May 7,
2008.
(ii.) The CONSULTANT submitted a proposal, a full, true and correct
copy of which is attached hereto as Exhibit "A" to provide engineering services related to
various roadway and freeway congestion relief strategies and projects.
(iii.) The Traffic Improvement Fund will be used to pay for the consulting
services described herein.
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 January 13, 2009,
for the engineering services related to various roadway and freeway congestion relief
strategies and projects.
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. 2 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. 2 shall be valid and binding.
Any modification of this Amendment No. 2 shall be effective only if it is in writing signed by
the parties. Total payment to Consultant pursuant to this Amendment shall not exceed
($55,000.00) dollars."
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of
the day and year first set forth above:
APPROVED AS TO FORM
in
City Attorney
ATTEST:
CITY OF DIAMOND BAR
Tommye Cribbins, City Clerk
DATE:
CONSULTANT:
Fehr & Peers
Steven J. Brown, P.E.
Ron Everett, Mayor
2
FEHR C PEERS
TRANSPORTATION CONSULTANTS
••' •, • f'. ''
Fehr & Peers will continue to support the City of Diamond Bar in developing freeway improvement
options. Similar to the services we provided to the City previously, we will respond to City's requests
and provide according transportation services on a time and materials basis. We recommend a
$55,000 budget for 2009, which equates to an approximate average monthly billing of $4,500.
We assume the major activities for Year 2009 include:
• Finalize the City's preferred alternative for the "big fix" improvements. This may include
simulating/testing the short-list of options being considered in the MTA's feasibility study.
Upon City's request, we will work closely with MTA's consultants to review their work and
enhance the design of "big fix" improvements to meet City's near-term and long-term needs.
Approximate cost for this Task: $25,000
Assist the City to develop a funding plan for the freeway improvements and provide project
development guidance. The funding plan will include discussion of current and potential
funding sources and recommendations to lobby the funding.
Approximate cost for this Task: $20,000
Represent the City's interests in reviewing/guiding the interchange projects including the
Lemon Avenue and Grand Avenue interchanges. This may include reviewing the
environmental studies of the two projects.
Approximate cost for this Task: $10,000
Steven J. Brown, P.E.
Senior Vice -President
Fehr & Peers
January 12, 2009
15707 Rockfield Blvd., Suite 155 Irvine, CA 92618 (949) 859-3200 Fax (949) 859-3209
www.fehrandpeers.com
FEHR & PEERS
TRANSPORTATION CONSULTANTS
2008-2009
Hourly Billing Rates
Classification
Hourly Rate
Principal
$185.00
- $355.00
Senior Associate
$165.00
- $225.00
Associate
$125.00
- $195.00
Senior Engineer/Planner
$120.00
- $175.00
Engineer/Planner
$90.00
- $140.00
Senior Technical Support
$100.00
- $155.00
Administrative Support
$60.00
- $125.00
Technician
$75.00
- $115.00
Intern
$60.00
- $90.00
• Other Direct Costs / Reimbursable expenses are invoiced at cost plus
10% for handling.
• Personal auto mileage is reimbursed at the then current IRS approved
rate (55.0 cents per mile as of Jan 09).
• Reproduction and Communication Expenses (Telephone, fax, computer,
e-mail, etc.) are invoiced at cost as a percentage of project labor.
Notes:
For the purpose of this contract, we will reduce our standard rates by 10 percent
for each individual who will be working under this contract.
AMENDMENT NO. 3
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 3 is made and entered into this day of January 2009,
between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred
to as "CITY') and Sasaki Transportation Services (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 engineering services related to
various roadway and freeway congestion relief strategies and projects.
(iii.) The Traffic Improvement Fund will be used to pay for the consulting
services described herein.
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 January 12, 2009,
for the engineering services related to various roadway and freeway congestion relief
strategies and projects.
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. 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. Total payment to Consultant pursuant to this Agreement shall not exceed
($25,000.00) dollars."
I
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 as of
the day and year first set forth above:
APPROVED AS TO FORM
By:
City Attorney
ATTEST:
Tommye Cribbins, City Clerk
•m
CONSULTANT:
STEVEN S. SASAKI
Steve S. Sasaki, P.E.
Ron Everett, Mayor
2
January 12, 2009
Mr. David G. Liu
Director of Public Works
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-41.77
SUBJECT: Addendum to Professional Traffic Engineering Services Agreement, Related to
Various Roadway and Freeway Congestion Relief Strategies and Projects
Dear Mr. Liu
We respectfully request an addendum to our current contract to address anticipated scope of work
items for the remainder of fiscal year 2008-2009. We would provide professional traffic engineering
services for the City of Diamond Bar. It is our understanding that the current invoice (dated January
5, 2009) will expend the current allocated budget. The current (1/5!09) invoice addressed services
provided by Sasaki Transportation Services, Inc. ("STS") through 12/31/08 and Fehr & Peers
through 11/28/08.
We are requesting an increase to the current contract (amendment) to address additional work that
has been completed by STS since January 1, 2009 to date, as well as added work anticipated to be
needed through the end of FY 08-09. Fehr and Peers ("F& -P") is anticipated to submit a separate
contract amendment to cover their scope of work expected through the end of FY 08-09. A
significant amount of added work and meetings have been required to address various projects needs,
which is expected to continue.
Our current estimate of tile required contract amendment (subsequent to the 1/5/09 invoice)would be
an added $25,000 for work to be completed by STS (1/1/09-6/30/09). Previous STS contract
amendments included work billed by F&P, but it our understanding that F&P will now have a
separate contract amendment, direct with the City of Diamond Bar.
The added tasks that are currently anticipated are generally described below
- Various tasks related to review and tracking of the Metro SR -57/60 mainline freeway
improvements.
- Various review and tracking of the City of Industry, proposed Grand interchange
improvements.
1'.O. 130Y ..i 59 LACFUN,1731.;e1CH, CA 92G5t.', (9413) 376-1178
S.,`�.,I�I 't`lIANSPC)12Tr1TI0 t.Ii 4'ICt?�, INC.
STANDARD RATE SCHED ULE
Effective January 1, 2007
PROFESSIONAL STAFF
- Firm Principal
- Senior Engineer / Planner
- Associate Engineer/ Planner
- Assistant Engineer / Planner / Sr. Draftsperson
SUPPORT STAFF
- Draftsperson
- administrative
- Field Staff
HOURLY RATES
$190.00
$150,00
$120.00
$ 95.00
$ 80.00
$ 60.00
$ 60.00
GENERAL
I) The designated hourly rates are applicable to travel time for personnel_ Direct costs will be billed at 110 percent
and automobile nuleage will be billed at a rate of $0.45 per nine.
2) Invoices shall be submitted monthly or upon completion of the work, at our option. The invoices shall be due and
payable upon receipt, if unpaid for 60 days, invoices may have a 1.5 percent, per month,. seryice charge added. WIe
may halt work on projects when invoices are not fully paid audfor overdue, at our option, unless mutual agreement is
achieved,
3) Compensation for services performed will not'be colitingent upon the necessity of the client to receive payment
from other parties.
P.Q. BOX 5159 LAGUNA 141 AC 1, OA 92652 (919) 376-6613
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma
Agenda #
Meeting Date: January 20, 2009
AGENDA REPORT
TITLE: Approval of Resolution No. 2009- Establishing an Approved Vendor List as Defined
in Ordinance No. 05(2006)
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
None
BACKGROUND/DISCUSSION:
The City's Purchasing Ordinance (Ordinance No. 05(2006)) includes a provision for the establishment
of an Approved Vendor's List. The provision reads as follows:
"in January each year, City Staff will establish an "Approved Vendor List" and present it to the City
Council for approval. This list will be comprised of vendors who have consistently provided excellent
service to the City. This will be based on City standards for quality and price of services meaning that
they have traditionally been the lowest bidder, they can deliver goods or services on time, or they
consistently meet or exceed product/service specifications. Vendors on the Approved Vendor List
shall be evaluated regularly by City staff for quality and price. Vendors not meeting City Standards
may be removed by the City Manager or designee at any time. Once removed, a vendor may be
reconsidered for placement on the Approved Vendor List the following January."
City staff has composed a vendor list and is requesting approval of this list. Vendors on this list have
historically met City standards for quality and price of services. If at any time a listed vendor falls
below City expectations, the vendor may be removed from the list by City staff. Upon approval of
Resolution 2009- XX this list will be valid from February 1, 2009 through January 31, 2010. Prior to
that time a new resolution and list will be presented to the City Council for approval.
Linda G. Magnuson
REVIEWED BY:
Finance birector
Attachments: Resolution 09 -XX
Assistant City Manager
Exhibit A —Approved Vendor List -Valid from 02/01/09 through 01/31/10.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING AN APPROVED VENDOR LIST AS DEFINED IN ORDINANCE NO.
05(2006) TO BE IN EFFECT FROM FEBRUARY 1, 2009 UNTIL JANUARY 31, 2010
WHEREAS, the City Council has adopted Ordinance No. 05(2006) which became
effective August 31, 2006;
WHEREAS, the Ordinance defines vendor list procurement and requires the annual
establishment of an Approved Vendor List;
WHEREAS, staff has prepared and attached Exhibit A — Approved Vendor List in
accordance with the Ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
HEREBY RESOLVES that the vendors eligible for Vendor List Procurement as defined
by Ordinance No. 5(2006) are contained in the attached Exhibit A — Approved Vendor
List and will be in effect from February 1, 2009 until January 31, 2010.
PASSED, ADOPTED AND APPROVED THIS day of 2009.
Ron Everett, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a meeting of the City
Council of the City of Diamond Bar held on the day of , 2009, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Tommye Cribbins
City Clerk of the City of Diamond Bar
Exhibit A
City of Diamond Bar
Approved Vendor List
Effective February 1, 2009 through January 31, 2010
Vendor Product Explanation
AAA Flag and Banner DBC Logo Flags Local vendor with DB Logo supplies
Adapt Consulting Recycling Promotional Ability to provide promotional items made from recycled
Items materials.
AGI Academy
Contract Class Instructor -
See Contract Class Instructor Explanation
Computer Classes
Albertson's
Misc. Supplies
Local vendor for program supplies
Printer Supplies &
Consistently bid below the competition and provide
Americomp
Maintenance
superior quality for printer maintenance & toner supplies
city wide
Ameritech
Copier Supplies & Maint
Lowest bidder and provides timely quality service.
Arrowwoods
Interior wood DBC
High quality repairs and installation of mill work
Audio Visual Innovations
AN System service
Original installer of DBC AV system.
Audio Visual Services for
Vendor is sole source for SCALA software used for DBTV
A -NIDD
DB TV
and is familiar with City's equipment setup.
Balloons by Alice
Bday & July 4th Balloons
Provides best price, & supply for 4th of July, B -Day,
Bear State Air Conditioning
HVAC Svc. DBC
Low bidder for service contract. Quality work, fast
response
Best Lighting
Lighting Supplies
Familiar with City equipment, fast emergency response
Bill Giebe
Contract Class Instructor -
See Contract Class Instructor Explanation
Yga
Brundige Glass
Glass Repairs
Consistent low bidders, quick response and high quality
work
BSN - dba Sport Supply Group
Sporting Goods
Lowest price from bids and meets all requirements
Calsense
Landscape controls
Proprietary equip
Carolwood Productions
Video Productions
Local company that has continued to provide quality, cost
effective services.
Carrot Top Industries
Park Flags
Lowest price from bids and meets all requirements
Catalina Ballast & Bulb
Lighting Supplies
Lowest bidder, ability to locate hard to find parts
Center Ice Arena
Contract Class Instructor -
See Contract Class Instructor Explanation
Ice Skating
CDW Government, Inc. (CDW-
Electronic Components
Meets product requirements, provides low prices and fast
G)
and Equipment
delivery
Charter Oak Gymnastics
Contract Class Instructor -
See Contract Class Instructor Explanation
Gymnastics
Cheryl Skidmore
Contract Class Instructor -
See Contract Class Instructor Explanation
Horsemanship
Page 1
City of Diamond Bar
Approved Vendor List
Effective February 1, 2009 through January 31, 2010
Vendor
Product
Explanation
Christine Angell
Contract Class Instructor -
See Contract Class Instructor Explanation
Adult Crafts
CM School Supply
Tiny Tots & Day Camp
Local vendor with specialty supplies needed for programs
Supplies
Comlock
Keys/Lock supplies
Proprietary lock system for the DBC
Connie Lillie
Contract Class Instructor -
See Contract Class Instructor Explanation
Jazzercise
Craig Coffman
Contract Class Instructor -
See Contract Class Instructor Explanation
Music
Creator's Touch
Contract Class Instructor -
See Contract Class Instructor Explanation
Youth Art Classes
Danny Garcia
Contract Class Instructor -
See Contract Class Instructor Explanation
Golf Instruction
David Fernandez
Contract Class Instructor -
See Contract Class Instructor Explanation
Adult Dance
Day & Nite Copy Center, Inc.
Copying/Printing
Able to provide same day service at low cost. Often as
low bidder.
DB International Deli
Meeting Supplies
Meets requirement and provides good service including
delivery
Deane Homes Swim Club
Rental Facility - Contract
Facility Use Agreement signed yearly.
Classes
Debbie Avila
Contract Class Instructor -
See Contract Class Instructor Explanation
Youth & Teen Cheer
Proprietary Method Carpet
Local vendor that uses manufacturer's process to clean
DFS Flooring
cleaning for DBC Carpet
Dupont carpets at DBC
Diamond Bar Hand Car Wash
City Fleet Car Wash
Local vendor with quality service
Diamond Bar Mobil
Vehicle maint
Low bids, quality work, quick response
Diversified Paratransit
Shuttle Service
Only Vendor able to provide handicapped shuttles.
Dog Dealers, Inc.
Contract Class Instructor -
See Contract Class Instructor Explanation
Dog Obedience
Doggie Walk Bags
Dog Bags for Park
Responsive vendor for product to fill dispensers in parks
Dispensers
Dolphin Rents
Bday Equipment
Lowest price for B -day party, & snowfest.
Dora Lonyai
Contract Class Instructor -
See Contract Class Instructor Explanation
Make-Uo/Skin Care
Page 2
Exhibit A
City of Diamond Bar
Approved Vendor List
Effective February 1, 2009 through January 31, 2010
Vendor
Product
Explanation
Doty Bros.
Emergency main line
Low bidder for quality work and fast response
repair under asphalt
Temporary and
Dunn's Fence Co.
Permanent Fence
Lowest bidding prices
Supplier
Education To Go
Contract Class Instructor -
See Contract Class Instructor Explanation
On -Line Classes
Recycling Promotional
Ability to provide promotional items made from recycled
Element 7
Items
materials.
Esperanza Flores
Dance Contract Class
" See Contract Class Instructor Explanation
Evergreen Interiors
Interior Plant Maint-City
Lowest Bid & Meets Requirements
Hall & Library
Often a low bidder providing quality, timely merchandise.
Executive Promotional Products
Promo Items
Has artwork on file for a variety of items.
Lowest bidder at time banners were purchased -- now
Exterior Products
City's Event Banners
stores, cleans, up -dates and posts banners as directed
Rodent/Insect Control at
Low bidder for service contract. Quality work, fast
Exterminetics of So. Cal
DBC
response
Firestone Tire Co.
Vehicle maint
Low bids, quality work, quick response
Consistently bid below the competition and provide
Food From the Heart
Caterer
superior quality
Only local vendor able to deliver sandbags and sand to
Foothill Building Materials
Sand & Sandbags
fire stations.
Francis Sabado
Contract Class Instructor -
See Contract Class Instructor Explanation
Music/Voice
Responsive vendor with specialty supplies needed for
Frank Stein Novelty Co.
Specialty Supplies
programs
Gabriela Klein
Contract Class Instructor -
See Contract Class Instructor Explanation
Adult Fitness
Gasser/Olds Company
Bronze plaques/signs
Provides consistent, quality services at a reasonable cost.
Glass Eye Productions
Video Productions
Provides consistent, quality services at a reasonable cost.
Glenn's Refrigeration
Refrigeration/Freezer
Quality, responsive repair service
Repair
Grand Mobil
Vehicle maint
Low bidder, quality work, quick response
Graphics United
Printing
Consistently low bidder & provides quality, timely services.
Page 3
Exhibit A
City of Diamond Bar
Approved Vendor List
Effective February 1, 2009 through January 31, 2010
Vendor
Product
Explanation
Graybar
Electrical Supplies
Local vendor with specialty repair materials
H2O Pressure Washing
Pressure washing
Lowest bidder, quick response for small jobs
Hirsch Pipe and Supply
Plumbing supplies
Local vendor with specialty repair materials
Home Depot
Misc. Supplies
Local vendor for repair materials and program supplies
Hot Shots
Youth Uniforms
Traditionally lowest Price from bids.
Hydro -Connections
Irrigation Supplies
Local vendor with specialty repair materials
IMS Refrigeration
Ice Machine repairs
High quality repairs at competitive prices
James Events
Bday rides
Only vendor to meet requirements.
Janel Bennett
Contract Class Instructor -
See Contract Class Instructor Explanation
Adult Fitness (Yoga)
Jerry Short
Contract Class Instructor -
See Contract Class Instructor Explanation
Karate
John Bishop
Contract Class Instructor -
See Contract Class Instructor Explanation
Martial Arts Classes
Contract Class Instructor -
Kathryn Rusick
Keys - Youth Performing
See Contract Class Instructor Explanation
Arts
Kathy Breaux
Contract Class Instructor -
See Contract Class Instructor Explanation
Youth Art Classes
Recycling Promotional
Ability to provide promotional items made from recycled
Keep America Beautiful Inc
Items
materials.
Keith Johnson Entertainment
D.J. Services
Price is equal to others, service is superior to others.
Ken's Ace Hardware
Misc. Supplies
Local vendor for repair materials and program supplies
Ki Chairs
Chairs for DBC/Parks
Quality chairs, good service and low prices
Kidz Love Soccer
Contract Class Instructor -
See Contract Class Instructor Explanation
Soccer
Kirk Steinke Electric
Electrician
Consistent low bidder and excellent work
Kustom Imprints
Coaches shirts - Adult B-
Traditionally lowest Price from bids.
ball Shirts
L.A. Data Security
Offsite Data Storage Svcs
Provides consistent, quality services at a reasonable cost.
Land's End
Staff shirts, apparel
Variety of quality products -- vendor has city artwork
Le -Hong Wang
Contract Class Instructor -
See Contract Class Instructor Explanation
Adult Dance
Page 4
Exhibit A
City of Diamond Bar
Approved Vendor List
Effective February 1, 2009 through January 31, 2010
Vendor
Product
Explanation
Letter Perfect Signs
Park Signs
Provides consistent, quality services at a reasonable cost.
Lewis Engraving
Engraving Svcs - Name
Badges, Tiles & Plaques
Consistently provides good service in a timely manner.
Liberty World Class Flags
Park Flags
Lowest price from bids and meets all requirements
Lighting Resources, LLC
Waste Recycling Vendor
Only local vendor that doesn't have a pick up charge.
Linda Coffman
Contract Class Instructor -
See Contract Class Instructor Explanation
Adult Arts & Crafts
Live Sound Concepts
Concert/July 4th - Audio
Lowest price for concerts, snowfest & b -day party for 3
Equipment
years.
Lowe's Home Imprvmt Center
Misc. Supplies
Local vendor for repair materials and program supplies
Mad Science
Contract Class Instructor -
See Contract Class Instructor Explanation
Youth Science
Magic and Variety
July 4th - Entertainment
Only vendor in area that has Uncle Sam & balloonist
available on 4th of July.
MCO -The Microfilm Cc
Specialized Microfiche
Provides timely specialized service.
Maint
MDS
Battery & Light Bulb
Lowest collection prices.
Recycling
Merchants Building Maint.
Window washers
Consistently low bids
Minutman Press (R & D
Copying/Printing
Able to provide same day service at low cost. Often as
Blueprint)
low bidder.
Light Weight and Durable
Low bidder for tables and chairs at DBC, Pantera and
Mity-Lite Furniture
Tables/Chairs
Heritage; excellent service and warranty program;
products match existing inventory
Moonlight Printers
Printing Svcs
Provides timely service.
Mt. Calvary Lutheran Church
Rental Facility - Contract
Classes & Sports
Facility Use Agreement signed annually.
Nancyann Clark
Contract Class Instructor -
See Contract Class Instructor Explanation
Adult Fitness (Yoga)
NET Easter Eggs
Easter Eggs
Lowest price and only vendor that meets our
requirements.
Oak Tree Lanes
Contract Class Instructor -
See Contract Class Instructor Explanation
Bowling
Ontario Ice Center
Contract Class Instructor -
See Contract Class Instructor Explanation
Ice Skating
Specialty Supplies for
Responsive vendor with specialty supplies needed for
Oriental Trading Co.
recreation programs &
events
programs
Page 5
Exhibit A
City of Diamond Bar
Approved Vendor List
Effective February 1, 2009 through January 31, 2010
Vendor
Product
Explanation
Gopher/ground squirrel
Orkin Pest Control, Inc.
eradication - Parks & LLA
Responsive vendor for on-going rodent control service
Districts
Partition Specialties PSI
Wall Partitions DBC
Original Installers familiar with proprietary systems
Patrick Montoya
Contract Class Instructor -
See Contract Class Instructor Explanation
Music
Periwinkle Productions
City Birthday Party
Only vendor to meet requirements.
animals
Peter Rogers Photography
Photography Services
Vendor continues to provide high quality photos at
reasonable cost. Originally selected through RFP process.
Pomona Unified School Distr.
Rental Facility - ContractClasses
Facility Use Agreement signed August 1997
& Sports
PYRO Spectaculars
July 4th - Fireworks
Only vendor to respond for the last five years.
Pyro-Comm Systems
Fire alarm service/maint.
Proprietary fire systems for DBC and Heritage Park
PSI
Fire and Burg Alarm
Monitoring Company for DBC and Parks
Raquel Hernandez
Contract Class Instructor -
See Contract Class Instructor Explanation
Youth Math
Recy-cal
Recycling containers for
Consistently low prices.
schools
Red Dragon Karate
Contract Class Instructor -
See Contract Class Instructor Explanation
Martial Arts
Printing - Envelopes,
Consistently provides good service in a timely manner.
Reinberger Printwerks, Inc.
Letterhead, Stationery,
Vendor has many templates already on file.
Certificate Covers etc
Related Visual, Inc.
Audio/Visual
Consistently low bidder. Also provides maintenance
support for equipment.
Rota Rooter
Emergency Plumbing
Responsive to emergencies, competitive prices
Safeway Signs Co.
Traffic Signs
Manufacturer of City street name signs, ability to provide
matching signs.
SC Signs
Traffic Signs & Poles
Traditionally been low bidder and ability to provide
supplies in a timely manner.
Tiny Tots & Day Camp
Responsive vendor with specialty supplies needed for
School Specialty, Inc.
Supplies
programs
Shannon Griffiths
Contract Class Instructor -
See Contract Class Instructor Explanation
Belly Dance
Sheri Liebe
Contract Class Instructor -
See Contract Class Instructor Explanation
Youth Dance
Page 6
Exhibit A
City of Diamond Bar
Approved Vendor List
Effective February 1, 2009 through January 31, 2010
Vendor
Product
Explanation
Simpson Advertising, Inc.
Graphic Design
Continues to provide graphic design support. Selected
through RFP process.
Skyhawks
Contract Class Instructor -
See Contract Class Instructor Explanation
Youth Basketball
Smart & Final
Food, Rest. Supp.
Good prices, specialized products for City events.
Sparkletts Water
Water Supplies &
Consistently provides good service.
Equipment Rental
Sport Pins International, Inc.
Pins
Consistently low bidder.
Stitches Uniforms
Staff Uniforms
Lowest price for Birthday shirts 3 years in a row.
Stubbies Promotions
Promo Items
Often a low bidder providing quality, timely merchandise.
Has artwork on file for a variety of items.
Subway
Meeting Supplies
Consistently provides good service in a timely manner.
Surendra Mehta
Contract Class Instructor -
See Contract Class Instructor Explanation
Yoga/Wellness
Tennis Anyone
Contract Class Instructor -
See Contract Class Instructor Explanation
Tennis
The Whole Enchilada
Meeting Supplies
Consistently provides good service in a timely manner
including delivery.
Tina Chang
Contract Class Instructor -
See Contract Class Instructor Explanation
Dance & Martial Arts
Contract Class Instructor -
Theresa Winecki
Adult Fitness (Bootcamp,
See Contract Class Instructor Explanation
Zumba
Traffic Control Service
Traffic Signs & Poles
Traditionally been low bidder and ability to provide
supplies in a timely manner.
Trane
HVAC Controls
Proprietary controls at the DBC and Heritage Community
centers
Tri -City Pools
DBC Fountain service
Lowest bidder, familiar with City equipment
TryFitt Sports
Youth Sports Contract
See Contract Class Instructor Explanation
Class
Snow for Winter Snow
Only vendor that responds to bids, that can provide
Union Ice Company
Fest
requirements.
Special Event - Restrooms
Only vendor to respond for the last three years for special
United Site Services
& Sinks
events.
Valley Trophy
Youth Trophies
Traditionally lowest Price from bids.
W.W. Grainger, Inc.
Specialty Supplies
Local vendor with specialty repair materials
Walnut Hills Fire Protection
Fire extinguisher repair
Familiar with City equipment, great service
Page 7
Exhibit A
City of Diamond Bar
Approved Vendor List
Effective February 1, 2009 through January 31, 2010
Vendor
Product
Explanation
W.W. Grainger, Inc.
Specialty Supplies
Local vendor with specialty repair materials
Walnut Hills Fire Protection
Fire extinguisher repair
Familiar with City equipment, great service
Walnut Vly Unified Schl Distr.
Rental Facility - Contract
Classes & Sports
Facility Use Agreement signed September 1992
Waxie Sanitary Supply
Janitorial supplies
Competitive pricing, offers periodic training
WellDune Rx
Sharps recycling Svcs.
Vendor works with Waste Management
Road Maint Materials &
Only local vendor specialized in street construction
White Cap
Equipment
materials.
World Wide Bingo
Bingo supplier
Lowest price in 3 years of bidding and great service.
Yosemite Water
Water Supplies &
Responsive supplier for low quantity orders
Equipment Rental
Young Rembrandts
Contract Class Instructor -
See Contract Class Instructor Explanation
Youth Art Classes
Young S. Kim
Contract Class Instructor -
See Contract Class Instructor Explanation
Youth Taekwondo
"Instructor meets the requirements of the contract class program: successful completion of instructor application,
supplemental questionnaire, class proposals, background check and quarterly quality review of classes.
Page 8
CITY COUNCIL
Agenda # 6. 7
Meeting Date: January 20, 2009
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g .�
t 1(
9
TITLE: APPROVE PLANS AND SPECIFICATIONS AND AWARD OF
CONSTRUCTION CONTRACT FOR THE 2008-2009 COMMUNITY
DEVELOPMENT BLOCK GRANT CURB RAMP INSTALLATION
PROJECT IN THE VICINITY OF NEIL ARMSTRONG ELEMENTARY
SCHOOL TO FONSECA CONSTRUCTION, INC. IN THE AMOUNT OF
$46,191.00 AND AUTHORIZE A CONTINGENCY AMOUNT OF
$11,500.00 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY
THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF
$57,691.00
RECOMMENDATION:
Approve plans and specifications and award the contract.
FINANCIAL IMPACT:
The current Fiscal Year 2008-2009 Budget has $121,608.00 of Community
Development Block Grant (CDBG) funds budgeted for the curb ramp installation project.
To date, approximately $28,390.00 has been encumbered for design and construction
administration services of the project.
BACKGROUND/DISCUSSION:
The 2008-2009 Community Development Block Grant Curb Ramp Installation Project
includes the complete construction of 13 new curb ramps and 14 upgraded curb ramps
in the vicinity of Neil Armstrong Elementary School.
The project went out for bid on December 15, 2008 and bids were opened on January
14, 2009. There were two addenda issued for the project. The first was issued due to
the Federal Wage Decision change that occurred after the project was advertised and
the second was, issued as a result of a typographical error on the bid bond form which
listed the incorrect project number.
1
A total of nineteen (19) bids were received and opened on January 14, 2009. The
engineer's estimate was $86,000.00. The results of the bids were as follows:
Company Bid Amount
1.
Fonseca Construction, Inc.
$ 46,191.00
2.
Grigolla & Sons Construction
$ 55,499.00
3.
FS Construction
$ 56,644.00
4.
SJ Grigolla
$ 59,347.15
5.
S2 Engineering
$ 61,111.44
6.
JDC, Inc.
$ 66,752.00
7.
Ortiz Asphalt
$ 67,856.44
8.
Trinity Construction
$ 69,173.00
9.
J&R Fernandez, Inc.
$ 70,328.50
10.
Unique Performance
$ 70,404.00
11.
Haitbrink Asphalt
$ 72,444.76
12.
CMB Structures, Inc.
$ 72,500.00
13.
KORMX
$ 72,778.00
14.
HYM Engineering
$ 76,355.00
15,
Geniel Corp.
$ 78,770.00
16.
CJ Construction, Inc.
$ 81,271.50
17.
NPG Corporation
$ 85,214.00
18.
S. Parker Engineering, Inc.
$ 86,548.00
19.
EBS, Inc.
$ 114,403.00
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
Fonseca 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 Fonseca Construction, Inc.
The project schedule is tentatively set as follows:
Award of Contract
Start of Construction
Completion of Construction
PREPARED BY:
Kimberly Molina, Associate Engineer
REVIEW 4irector
Davi . Liu, Public Works
January 20, 2009
February 2, 2009
March 3, 2009
Date Prepared: January 15, 2009
Attachments: CONTRACTOR AGREEMENT
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 Fonseca 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 Fonseca Construction, Inc.
and;
WHEREAS, City has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the 2008-2009 Community
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 2008-2009
Community Development Block Grant (CDBG) Curb Ramp Installation Project No. 26009
in the City of Diamond Bar. The work to be performed in accordance with the plans and
specifications, dated December 2008 (The Plans and Specifications) on file in the office of the
City Cleric 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 January 2, 2009, 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. 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;
51,000,000 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.e.(2) hereof to be listed as additional
insured in the policy of insurance provided for in paragraph b. by
reason of any claim arising out of or connected with the operations
of CONTRACTOR or any subcontractor in performing the work
provided for herein;
2) Provides it shall not be canceled or altered without thirty (30) days'
written notice thereof given to City by registered mail.
e. The CONTRACTOR shall, within ten (10) days from the date of the
notice of award of the Contract, deliver to the City Manager or his
designee the original policies of insurance required in paragraphs a. and b.
hereof, or deliver to the City Manager or his designee a certificate of the
insurance company, showing the issuance of such insurance, and the
additional insured and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for
work of a similar character in the locality in which the public works is performed, and not less
than the general prevailing rate of per diem wages for holiday and overtime work. In that regard,
the Director of the Department of Industrial Relations of the State of California is required to and
has determined such general prevailing rates of per diem wages. Copies of such prevailing rates
of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 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 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:
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 January 2, 2009.
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. 826307, B and C-8 Classification
Fonseca Construction, Inc.
5605 Via San Jacinto
Riverside, CA 92506
Date
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
By:
RON EVERETT, MAYOR
Date
ATTEST:
By:
CITY CLERK
Date
CONTRACTOR'S Business Phone (951) 682-8881
Emergency Phone at which CONTRACTOR can be reached at any time (951) 368-7185
APPROVEDAS TO FORM:
CITY ATTORNEY
Date
TO:
FROM:
ADDRESS:
CITY CLERK
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AGENDA#/SUBJECT:
I expect to address the Council on the subject agenda/subject item//Please have the Council Minutes
reflect my name and address as written above.
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This document is a public record subject to disclosure under the Public Recoj� Act.
TO: CITY CLERK
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FROM: 5+t'/ -et / t ` DATE:
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AGENDA#/SUBJECT: A/c o i-ke
I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and address as written above.
Signature f
This document is a public record subject to disclosure under the Public Records Act.