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HomeMy WebLinkAbout10/20/2009C il\' o Diamond Bar City Council Agenda Tuesday, October 20, 2009 6:00 p.m. — Closed Session 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 Pro Tem 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 Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofD!amondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME -WARNER CABLE CHANNEL 3 AND VERIZON ROS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED, THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 20, 2009 Next Resolution No. 2009- 41 Next Ordinance No. 02 (2009) CLOSED SESSION: 6:00 p.m., Room CC -8 Public Comments on Closed Session Agenda 00. Government Code Section 54957 — Public Employee Performance Evaluation (City Manager Evaluation). CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Pastor, Bob Stebe Northminister Presbyterian Church Council Members Chang, Tanaka, Tye, Mayor Pro Tem Herrera, Mayor Everett Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 1.1 Presentation of City Tile to Travelers Insurance as Business of the Month, for October, 2009. 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. October 20, 2009 PAGE 2 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Diamond Canyon/Crestline Drive Annexation. 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — October 22, 2009, 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.2 Planning Commission Meeting — October 27, 2009 - 7:00 p.m., AQMD/Government Center Auditorium — 21865 Copley Dr. 5.3 Hall of Horrors — October 30 — 31, 2009 - 6:00 — 9:00 p.m., Heritage Park, 2900 S. Brea Canyon Rd. (Admission $5.00 per person). 5.4 Fall Fun Festival — October 31, 2009 — 4:30 — 8:30 p.m., Heritage Park, 2900 S. Brea Canyon Rd. (Admission $5.00 per child). 5.5 City Council Meeting — November 3, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of October 6, 2009 — Approved as submitted. 6.2 Traffic and Transportation Commission Minutes — Regular Meeting of September 10, 2009 — Receive and file. 6.3 Planning Commission Minute: - Regular Meeting of August 25, 2009 — Receive and file. October 20, 2009 PAGE 3 6.4 Ratification of Check Register — Dated October 1, 2009 through October 14, 2009 totaling $1,069,987.98. Requested by: Finance Department 6.5 Approval of Amendment No. 9 to Extend License Agreement with Coca Cola for Placement of Beverage -Serving Machines in City Parks for the Period of February 1, 2010 through January 31, 2012. Recommended Action: Approve. Requested by: Community Services Department 6.6 Approval of Notice of Completion for Sunset Crossing and Prospectors Road Traffic Calming Project. Recommended Action: Approve. Requested by: Public Works Department 6.7 Approval of On -Call Contracts for Public Works Department: (a) Approve Contract Amendments for On -Call Traffic Engineering Services with Warren C. Siecke, Sasaki Transportation Services, KOA Corp., and Advantec Consulting Engineers for a Period of Two Years. Recommended Action: Approve. (b) Award On -Call Traffic and Transportation Engineering Services Contract to Minagar & Associates, Inc. for a Period of Two Years. Recommended Action: Award. Requested by: Public Works Department 6.8 Adopt Resolution No. 2009 -XX: Approving the Form and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller's Proposition 1A Receivable From the State; and Directing and Authorizing Certain other Actions in Connection Therewith. Recommended Action: Adopt. Requested by: Finance Department October 20, 2009 PAGE 4 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 6, 2009 CLOSED SESSION: 5:30 p.m., Room CC -8 Public Comments on Closed Session Agenda — None Offered. ► Government Code Section 54957 — Public Employee Performance Evaluation: (City Manager Evaluation) ► 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 6:37 p.m. in AQMD/Government Center Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano reported that during tonight's Closed Session regarding potential initiation of litigation, the City Council directed Staff not file at this time. PLEDGE OF ALLEGIANCE: Assistant Fire Chief Van Mark Madragal led the Pledge of Allegiance. INVOCATION: Lee Bendell led the invocation. 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, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst; Patrick Gallegos, Management Analyst; Isaac Aziz, Network Systems Administrator; Lauren Hidalgo, Public Information Specialist; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 M/Everett presented a Certificate Plaque to Bill Myers and his wife, owners of Happy Doggie Spa, 365 S. Diamond Bar Blvd. as New Business of the Month. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. OCTOBER 6, 2009 PAGE 2 CITY COUNCIL ,Q PUBLIC COMMENTS: Marny Shay, representing the Diamond Bar Friends of the Library, announced that The Diamond Bar Friend's of the Library was holding their 5th Annual "Read Together Diamond Bar Challenge". Each school receives prize money for their school library based on attendance of supporters. This year's contest will be held at 7:00 p.m. on Wednesday, October 28th in the Clark Theater at Mt. SAC with free parking in Lot B. This year's book is entitled "Life As We Knew It" by Susan Beth Pfeffer. Mrs. Shay presented each of the Council Members with a copy of the book. She also invited Council Members to attend the event. John Fleming, 24020 Prospect Valley Dr., RELAC Board Member, representing about 26,000 LA County retirees, spoke about the General Meeting that was held at the Diamond Bar Center on September 23. He was pleased with the attendance and congratulated the City on building such a fine facility. He also thanked M/Everett and MPT/Herrera for making the members feel welcome. 4. RESPONSE TO PUBLIC COMMENTS: None 5 L SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting — October 8, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.2 Planning Commission Meeting — October 13, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 City Council Meeting — October 20, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. CONSENT CALENDAR: C/Chang moved, C/Tanaka 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 - Regular Meeting of September 15, 2009 — Approved as submitted. 6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of August 13, 2009. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of August 27, 2009. OCTOBER 6, 2009 . PAGE 3 CITY COUNCIL 6.4 RATIFIED CHECK REGISTER — Dated September 10, 2009 through September 30, 2009 totaling $1,875,258.90. 6.5 APPROVED TREASURER'S STATEMENT — Month of August 2009. 6.6 APPROVED EXONERATION OF SURETY BOND NO. 156813S POSTED BY GOLDRUSH INVESTMENT GROUP FOR TRACT 31977 LOTS 13-22 (GOLDRUSH DRIVE) TO COMPLETE GRADING IMPROVEMENTS. 6.7 APPROVED ON-CALL CONTRACTS FOR PUBLIC WORKS DEPARTMENT: (a) APPROVED CONTRACT AMENDMENTS FOR ON-CALL ENGINEERING PLAN CHECK AND INSPECTION SERVICES WITH HALL AND FOREMAN, INC.; NORRIS-REPKE, INC., AND AAE, INC. FOR A PERIOD OF TWO (2) YEARS. (b) APPROVED CONTRACT AMENDMENTS FOR ON-CALL SOILS AND GEOTECHNICAL ENGINEERING SERVICES WITH LEIGHTON AND ASSOCIATES, INC.; WILLDAN GEOTEHNICAL; AND, NINYO AND MOORE FOR A PERIOD OF TWO (2) YEARS. 6.8 AWARDED DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE FY 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND COMMUNITY DEVELOPMENT BLOCK GRANT -RECOVERY (CDBG-R) CURB RAMP INSTALLATION PROJECT TO DMS CONSULTANTS, INC. IN THE AMOUNT OF $68,700; AND AUTHORIZED A CONTINGENCY AMOUNT OF $3,500 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $72,200. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang thanked all the residents who attended the Parks Master Plan Town Hall meeting on September 29 and for their input. The document will move from the Parks and Recreation Commission to the City Council for approval. The City has been working on constructing a mini -park on Washington Street. Residents in the area will soon receive notice of the 10:00 a.m. Saturday, October 17 meeting at the site. OCTOBER 6, 2009 PAGE 4 CITY COUNCIL C/Tanaka stated that he had attended the D.B. Senior's Italian Night Dinner Dance and on September 17 he attended D.B. Day at the LA County Fair. The D.B.H.S. Marching Band was invited back for the finals and placed second. He also attended The Greater La Puente Meals on Wheels Volunteer Recognition Dinner and ribbon -cutting ceremonies for Oops J and I Nail Salon. The Pacific Crest Arts Youth Program held its awards luncheon and presented several scholarships that allow for participation in the program for the upcoming year. The Parks and Recreation Commission met at the Diamond Bar Center and recognized 45 Volunteens for their volunteer service. This past weekend the California Contract Cities Association held its 29th Annual Fall Seminar "United through Tough Times." He also attended the California Contract Cities Association dinner meeting hosted by LA County Fire Department and on Saturday the D.B. Chinese-American Association held its Moon Festival. He stated that a couple of weeks ago he attended the funeral for a DBHS student who lost his life at the young age of 16 due to medical complications and asked that tonight's meeting be adjourned in memory of Brandon Riley. C/Tye said it was a pleasure to be at the Meals on Wheels 30th Anniversary Celebration. It was a privilege on September 20 to attend the dedication of the Mayor Bob Zirbes Memorial Freeway signs. To be a part of that dedication and celebration was very touching for him to join with the Zirbes family and guests on what would have been Bob's 50th birthday. The signs were placed just beyond Pathfinder Road on the south SR57 and at the LA/Orange County border north SR57. MPT/Herrera stated that she too had attended many of the same events previously recognized. She thanked John Fleming for his words of thanks to her and M/Everett. It was her great pleasure to be in attendance at that meeting and listen to speakers who spoke to retirees about credit card fraud, bank fraud and other important items as well as providing helpful hints about how not to be victimized. She informed residents who take public transportation particularly Foothill Transit, that during this flu season Foothill Transit is being very conscientious by sterilizing their buses on a daily basis so there should be no fear of riding public transportation. M/Everett also thanked John Fleming for attending tonight's meeting and for inviting him and MPT/Herrera to host his group at the Diamond Bar Center. One of the City's regular representatives, Miss Diamond Bar and her court, attended the D.B. Day at the Fair and enhanced the festivities and events. The Bob Zirbes memorial freeway signs are a terrific legacy and representation of a man who served D.B. well. The full moon festivals were held throughout southern California and it was a privilege to celebrate with the Chinese-American residents. He also attended a Neighborhood Watch meeting in north D.B. Deputy Mark St. Amant and other Sheriffs Department representatives always provide good reminders about neighborhood safety, earthquake and other types of emergency preparedness. He said he was sad that Brandon Riley lost his life at such a young age. OCTOBER 6, 2009 PAGE 5 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Everett adjourned the Regular City Council meeting at 7:12 p.m. in memory of Brandon Riley. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of RON EVERETT, MAYOR , 2009. Agenda No. 6.2 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING SEPTEMBER 10, 2009 CALL TO ORDER: Chair Lin called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Pincher led the Pledge of Allegiance. ROLL CALL: Commissioners Kenneth Mok, Liana Pincher, Michael Shay, Vice -Chair Kevin House and Chair Jimmy Lin Also Present: David Liu, Public Works Director; Rick Yee, Senior Engineer; Kimberly Molina, Associate Engineer; Christian Malpica, Associate Engineer, and Marcy Hilario, Senior Administrative Assistant. APPROVAL OF MINUTES: A. Minutes of the August 13, 2009 regular meeting. C/Pincher moved, C/Shay seconded, to approve the August 13, 2009 minutes as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mok, Pincher, Shay, VC/House Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None II. PUBLIC COMMENTS: None Offered. III. ITEMS FROM STAFF: A. Received and Filed Traffic Enforcement Updates for: 1. Citations: June, July and August 2009 2. Collisions: June, July and August 2009 3. Street Sweeping: June, July and August 2009 PWD/Liu explained that citations, as expressed in the charts, consist of three categories — the non -hazardous, hazardous and parking violations. Hazardous violations such as speeding, unsafe turns and running stop signs are moving violations. Non -hazardous citations have to do primarily with equipment violations such as tinted windows, broken vehicle lamps and lights. Parking violations such as parking in front of red curb to street SEPTEMBER 10, 2009 PAGE 2 T&T COMMISSION sweeping violations pertain to the regulatory signage throughout the City. In response to C/Shay's question at the last meeting in regard to the percentage of remuneration the City receives from citations, the City of Diamond Bar receives on average $350-$400,000 in annual fines or about 11 percent of the amount generated by the Sheriff's Department. The 11 percent is determined by the courts and not by the City. IV. NEW BUSINESS: A. Cleghorn Drive and Gold Nugget Avenue NTMP. AE/Molina presented staff's report indicating that this was the exact presentation that would have been given to the residents on August 6, 2009 during the neighborhood meeting and recommended that the Traffic and Transportation Commission receive public comments on the Cleghorn Drive and Gold Nugget Avenue NTMP. C/Shay asked what the posted speed limit was and AE/Molina responded that for residential roadways the speed limit is 25 mph whether posted or not, PWD/Liu stated that unless there are specific requests, the City would not install 25 mph signs in neighborhoods because according to the California Vehicle Code the prima facie speed limit is 25 mph. C/Shay said that as a first step, it could be posted and AE/Molina agreed stating it could fall in line with the other sign postings as recommended. C/Mok said that when residents were in front of the Commission expressing their concerns they spoke about the traffic proceeding down Grand Avenue toward Diamond Bar Boulevard and blasting through the right turn lane that is supposed to be used to turn into Cleghorn. AE/Molina said that all issues brought up about the arterial roadways along Grand Avenue at Cleghorn were noted but were not addressed because this program is specifically designed for residential roadways only. The arterial issue will be addressed separately. VC/House asked about the discrepancy in eastbound and westbound traffic counts (speed volumes) on Gold Nugget. AE/Molina said she looked at that and surmised that it was due to the fact that it was a Friday, Saturday and Sunday count and there may have been residents that were either away for the weekend or stayed home. C/Shay asked what the biggest concern is within the footprint of this project. AE/Molina reiterated that from the first meeting, the concerns staff noted were 1) speed along Cleghorn, Gold Nugget and line of site issues at Clear Creek Canyon and Cleghorn. Another issue was motorcycle noise in the neighborhood and Grand Avenue (an arterial roadway issue). Nina Gohcharov, 23631 Gold Nugget Avenue asked for help with the speeding problems. She has observed speeding and racing on Gold Nugget. Two years ago she asked for speed cushions and does not believe the signs will help. The days that the City placed the speed trailer on the street, she noticed people slowing down because it was very visible from a distance. She said that many of her neighbors SEPTEMBER 10, 2009 PAGE 3 T&T COMMISSION were unable to attend meetings because of their children's activities, etc. and wondered how many more meetings the neighborhood would have to attend. She was very concerned about the noise from traffic on Grand Avenue and wondered if the noise level could be measured and whether it could be mitigated. AE/Molina responded to Mrs. Gohcharov that if the residents chose to implement the permanent measures, staff would need the 67 percent in favor to sign the petition. At that point, staff would take the matter to Council for approval of a design contract and once the plans have been designed, there would be one additional meeting to present the final plans to residents. After the meeting with the residents staff will tweak the plans as necessary. Once the final plans were completed, Council approval would be required for the construction contract. Once approved, construction commences thereafter. Stan Granger, 23631 Gold Nugget Avenue, shared that when his kids were growing up there was no problem with them playing in the street. Now, his grandchildren cannot even step outside in the front yard because of the speeding which he believes is 50 and 60 mph. He asked for the Commission's help and said he would do whatever he could to assist the Commission and staff to get this situation mitigated. Signs might help a bit to remind drivers to slow down. Chair/Lin asked Mr. Granger whether he preferred signs or speed cushions and Mr. Granger said he preferred speed cushions. Signage would not hurt and would remind folks to go slower. C/Pincher asked if the Sheriff's Department could write a letter to the owner of vehicles speeding whose license plate information is passed along to them. PWD/Liu responded that Sgt. Saunders is aware of the program and can obtain more information from the residents and conduct the follow-ups. C/Pincher explained that sometimes the speeders are actually residents from the neighborhood. VC/House asked if speed cushions could be installed in a cul-de-sac area with positive results even if the remainder of the street would not have the speed cushions. AE/Molina said she did not believe the City had installed speed cushions on any cul-de-sac streets except for in front of Castle Rock School. The speed cushions are not near the cul-de-sac, just directly in front of the school. C/Shay said the City has faced this situation before and this problem can be mitigated. The Commission is committed to working with the Council and the residents to help solve the problems. Staff will review the comments and proposed mitigation measures. He pointed out that there is a process as outlined by AE/Molina and if the residents elect to go with a petition, the City needs 67 percent of the neighborhood residents to sign that petition and it will only happen if the residents take responsibility in working through the process. It was a bit disheartening when staff and Commissioners attended the last neighborhood residents and no one showed up. He understands that time is valuable but the residents seem to be committed and if the process is to be executed, the residents attending this meeting tonight will have to rally their neighbors and make it happen. SEPTEMBER 10, 2009 PAGE 4 T&T COMMISSION Judy Sevilla-Marzona, 23567 Gold Nugget Avenue, said she believed that signage would be a good informational first step because she believed some of the speeding was ignorance of the vehicle code. Her son is learning to drive and she was surprised to learn that the speed limit was 25 mph on residential streets. The speeding is not just downhill, but uphill as well. She asked if there were any guidelines for placement of the speed cushions because she felt they might be too close to her driveway and asked if the speed cushions would take away street parking. On the aerial view, there were no red curbs indicated for Gold Nugget and Cleghorn which makes turning right from Grand Avenue a problem. She asked if there were plans for red curbing on the northeast corner of Cleghorn and Gold Nugget. AE/Molina explained that traffic engineers would not place any speed cushions in front of driveways. Also, parking is not prohibited over cushions. The subject of red curbing at Cleghorn and Gold Nugget is something that staff can investigate. Marilyn Kieffer, 23715 Gold Nugget Avenue, said she would appreciate red curbing on the corner of Gold Nugget and Cleghorn. Vehicles race up and down her street so fast that it is not possible to get a license plate number. She would also like to have speed cushions and signage. Harry Quan, 23628 Gold Nugget Avenue, took exception to the 67 percent requirement because he felt people living in the condominium complex behind him would not be in favor of these measures because they were not affected. AE/Molina responded that the reason the City requires the entire neighborhood to participate is because residents who do not live on the road still have to drive over the road and their input needs to be considered in the process as a stakeholder to the neighborhood. PWD/Liu said the City puts a lot of effort and resources into any traffic calming devices and, at the end of the day, the City wants to be certain that the public resources are used as effectively as possible. He suggested that the residents visit neighborhoods that have these devices installed. For example, the NTMP was just completed in the Palomino, Sunset Crossing and Prospectors neighborhoods. In these areas, the neighbors worked very closely with the City and the City fully supported the neighborhood's final decision. AE/Molina stated that if someone in attendance wished to pursue the petition as a "neighborhood captain", they would need to provide her with their name, telephone number and address and AE/Molina said she would put together a packet for them that will assist them in going door to door. The information will define the petition area; it will include a visual of what is being proposed, as well as, the actual petition form. VC/House said that most of the citizens present this evening are concerned about traffic on Gold Nugget with respect to speeding and red curbing. Gold Nugget does not have any through ways into the condo complex and wondered if that could be separated out and become the target area. AE/Molina responded saying it could be considered; however, staff would recommend moving forward with the proposal that SEPTEMBER 10, 2009 PAGE 5 T&T COMMISSION was presented tonight to address concerns that were presented at the first neighborhood meeting. However, if the residents find that during the petition process they are unable to reach the percentage needed from the Cleghorn neighborhood, staff can then consider scaling back the petition area. Some Cleghorn residents may use Grubstake and Gold Nugget as access points to the condominiums. C/Mok asked the ratio of condos to single family residences. AE/Molina said there are 97 townhomes and 10 single family residences on Cleghorn; 56 single family homes on Gold Nugget, 7 on Sims, 12 on Monument Canyon, 6 on Oak, 16 on Little Quail and 20 on Grubstake, for a total of 224. PWD/Liu suggested that staff request a meeting with the Management Company or association. The City needs to communicate with everyone in the neighborhood and no group of people should be excluded from the process. V. STATUS OF PREVIOUS ACTION ITEMS — None VI. ITEMS FROM COMMISSIONERS: C/Shay suggested a sign be put on Brea Canyon Road from Pathfinder Road that says "Watch Your Speed — We Do" so that when the deputy gives a ticket at the bottom of the hill, there will be no surprises. C/Mok asked if staff had received input from the school officials, crossing guard or others regarding the effectiveness of removing the northern leg of the crosswalk at the intersection of Mountain Laurel Way and Diamond Bar Boulevard. AE/Malpica responded that the crossing guard indicated that the kids had not been crossing the intersection since the signs were erected. To date, there have been no comments from the school or residents. C/Mok stated that the slurry seal on Goldrush looks good. He noticed two sets of dots on the street and inquired if Botts Dots were being installed. AE/Molina confirmed that Botts Dots would be reinstalled. VII. INFORMATIONAL ITEMS: A. Diamond Bar TMS/Traffic Signal Interconnect Links — Phase II — AE/Malpica reported that there are 23 locations with video detection cameras within the City and by viewing the actual field conditions, staff will be able to remotely operate of the detections zones and detect errors and address them quickly. Staff continues to work with the consultant to resolve minor system issues. With respect to Phase Il, the contractor has completed 30 percent of the interconnect work and they are currently working at the intersection of Golden Springs and Brea Canyon. The entire project should be completed by November 2009. PWD/Liu said that the six CCTV cameras will be located at major/critical intersections such as Grand Avenue/Diamond Bar Boulevard, Grand Avenue/Golden Springs Drive, Diamond Bar Boulevard/Golden Springs, SEPTEMBER 10, 2009 PAGE 6 T&T COMMISSION Diamond Bar Boulevard/Pathfinder Road/Golden Springs Drive/Lemon Avenue and Golden Springs Drive/Brea Canyon Road. B. Lycoming Street Rehabilitation Project — SE/Yee reported that the bulk of the project is complete. There are some outstanding items such as striping and other miscellaneous items. C. Industry's Grand Avenue Bridge Widening/Interchange Project — SE/Yee reported that, as mentioned at the last Commission meeting, there was a public scoping meeting on Wednesday, September 2"d. Generally, the purpose of the meeting was to provide a general description of the project and collect input from residents and other interested persons in attendance as a precursor to the environmental document. D.B. will continue to participate and monitor the progress of this project. D. SR57/60 Feasibility Study — SE/Yee stated that this study considered three concepts to improve traffic flow through the freeway confluence. The last draft of the study was in the Spring of 2009 and consultants have been involved in the review of one of the three concepts — the collector and distributor alternative that adds bypass roads to ease some of the weaving problems on the freeway confluence. Staff is working on a memo to Metro, the lead agency in the study. E. Lemon Avenue On/Off Ramps Project — PWD/Liu stated that staff continues efforts to pursue a two -phased construction approach. Recently, staff learned that the City of Industry prefers to move forward as one project. D.B. has indicated to Caltrans that it prefers a two -phased approach. F. Residential — Area 5 Slurry Seal Project — AE/Molina reported that the residential street portion of the project was completed and work on roadways within the Gateway Corporate Center began on Tuesday and continues through Saturday. Striping will be done next week which will complete all related activities. G. Arterial — Zone 3/Zone 4 Slurry Seal Project (American Recovery Reinvestment Act) - AE/Molina stated that Council awarded the contract to Hardy & Harper at its August 18th meeting. A pre -construction meeting will be held on Tuesday, September 15th to establish the schedule of work. H. Chino Hills Parkway Street Rehab Project — AE/Molina reported that the designer anticipates having the first submittal of plans, specifications and engineering estimates to staff by next week for review. VIII. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda with the tH addition of Diamond Bar Day at the Fair on September 17 SEPTEMBER 10, 2009 PAGE 7 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Lin adjourned the meeting at 8:32 p.m. The foregoing minutes are hereby approved this 8th day of October , 2009. Respectfully, /s/ David G. Liu David G. Liu, Secretary Attest: /s/ Jimmy Lin Chair Jimmy Lin Agenda No. 6.3 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 25, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:01 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Nelson led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson and Chairman Tony Torng. Absent: Commissioner Kwang Ho Lee was excused Also present: Greg Gubman, Community Development Director; Katherine Laufenburger, Senior Planner; David Alvarez, Assistant Planner; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4 CONSENT CALENDAR: 4.1.1 Planning Commission Workshop Minutes of July 28, 2009 C/Nolan moved, C/Shah seconded, to approve the Workshop Minutes of July 28, 2009, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Shah, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Nelson ABSENT: COMMISSIONERS: Lee 4.1.2 Planning Commission Regular Meeting" Minutes of July 28, 2009. C/Shah moved, C/Nolan seconded, to approve the Regular Meeting Minutes of July 28, 2009, as presented. Motion carried by the following Roll Call vote: AUGUST 25, 2009 PAGE 2 PLANNING COMMISSION 5. 0 7 AYES: COMMISSIONERS: Nolan, Shah, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Nelson ABSENT: COMMISSIONERS: Lee OLD BUSINESS: None NEW BUSINESS: 6.1 General Plan Status Update Report for 2008 AP/Alvarez presented staff's report and recommended that the Planning Commission approve the report and direct staff to submit the report to the City Council to receive and file. VC/Nelson moved, and C/Nolan seconded, to approve the 2008 General Plan Status Report and direct staff to submit the report to the City Council to receive and file. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS PUBLIC HEARINGS: Nolan, Shah, VC/Nelson, Chair/Torng None Lee 7.1 Conditional Use Permit No. 2009-05 - Under the authority of Diamond Bar Municipal Code Section 22.58, T.F. Max, Inc., has submitted a request to operate a foot massage establishment under the business name Relax Station. The proposed establishment will provide foot care services provided by professionally trained technicians. The services proposed include acupressure reflexology and massage. The proposed floor plan includes three (3) treatment areas that have two (2) tables and chairs in each area. The tables would be located inside an area that would be screened with three (3) five foot high partition walls; one side of the area would be open to the hallway. The proposed hours of operation are 10:00 a.m. to 9:00 p.m. seven (7) days a week. PROJECT ADDRESS: 1395 Diamond Bar Boulevard Diamond bar, CA 91765 AUGUST 25, 2009 PAGE 3 PLANNING COMMISSION PROPERTY OWNER: Diamond Gate Properties, LLC Attn: Charley Boo 1411 S. Diamond Bar Boulevard Diamond Bar, CA 91765 APPLICANT: T.F. Max, Inc. 2236 S. San Gabriel Boulevard Rosemead, CA 91770 AP/Laufenburger presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2009-05, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Calvin, speaking on behalf of the owner, stated that the target clients are office workers and older adults recovering from minor illnesses or injuries. The primary functions of the business are stress relief, improved blood circulation, fine-tuning the body's metabolism and sickness prevention. The service is performed by having the customer sit on a chair and expose the feet only to the technicians who will apply focused pressure using knuckles on certain known reflex points located in the foot. The service will be performed in an open area and folding screens will be used for customer privacy. This business is pollution free, noise free and there are no chemicals used. Foot reflexology is a common practice in various countries of Asia and is a common practice with a long history behind it. C/Nolan asked if the majority of business would be walk-in, insurance and doctor recommendation. Calvin said it would be walk-in business. VC/Nelson asked if the technicians would be licensed. Calvin responded that all technicians hold a license from a reflexology school. C/Shah asked if the owner was required to obtain a state license for this business. Calvin responded yes. The owner has a state license for his business. The individual technicians must also obtain the license individually by applying to the school. Calvin responded to C/Nolan that the school is a AUGUST 25, 2009 PAGE 4 PLANNING COMMISSION government school and whoever graduates receives a license approved by the state of California. CDD/Gubman stated that his understanding is that there are accredited massage technician schools and when the City does background checks and issue business licenses staff looks for certificates from accredited schools as well as sufficient hours of practice. There has been legislation within the past year to help the massage therapy industry because massage therapy as a category has a fringe element that tarnishes the reputation of the reputable practitioners. Unless the current budget problems delay it, there will be a state organization that issues certificates for massage therapy. If certified, massage businesses and technicians would no longer be required to go through City's background checks and/or the Conditional Use process. C/Nolan asked for clarification that the City actually performs the background checks for specific employees but the business is responsible for qualifications of individual technicians and not just the business. CDD/Gubman said C/Nolan was correct. The City contracts with the Sheriffs Department to conduct criminal background checks on the technicians and the business owners. Even though the Conditional Use permit runs with the land and the business can be sold to successors, new owners and technicians must go through individual background checks. Chair/Torng closed the public hearing. C/Nolan moved, VC/Nelson seconded, to approve Conditional Use Permit No. 2009-05, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lee 7.2 Development Review No. 2006-39 and Tree Permit No. 2006-09 — Under the authority of Diamond Bar Municipal Code Section 22.48, 22.54, and 22.38, the applicant requested approval to demolish an existing 3,950 square foot residence and construct a new 13,627 square -foot single-family residence on a one acre, Rural Residential (RR) zoned parcel of land with a consistent underlying General Plan land use designation. In addition, a Tree AUGUST 25, 2009 PAGE 5 PLANNING COMMISSION Permit is requested to remove a total of nine (9) protected trees and replace them at a 3:1 ratio. The trees to be removed include eight (8) black walnuts and one (1) willow tree. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 2461 Indian Creek Road Diamond Bar, CA 91765 Pajnit and Jagat Walia 2461 Indian Creek Road Diamond Bar, CA 91765 Pete Volbeda 180 Benson Avenue, Suite D Upland, CA 91786 AP/Alvarez presented staffs report and recommended Planning Commission approval of Development Review No. 2006-39 and Tree Permit No. 2006-09, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nolan asked for clarification of VC/Nelson's concern about replacement trees. PT/Alvarez responded that nine protected trees will be removed and 27 trees to be planted, six of which will be in a 24 -inch box, six of which will be black walnut and the rest will be the same protected species as those removed. C/Shah commented that the old footprint was much smaller and the new footprint is 13,000. Is there any discretion on how the applicant will maintain the storm water within the site? PT/Alvarez responded that the existing residence is 3,959 square feet and the new residence will be 13,000. The new footprint is 9,298 square feet which will include a detached garage, patio, patio cover, gazebo, etc. CDD/Gubman responded to C/Shah that there are stringent NPDES requirements for storm water retention on the site and for storm water practices. Through the plan check process the Public Works Department will verify compliance prior to the issuance of permits. Prior to issuance of a CO (Certificate of Occupancy), the temporary storm water retention improvements would need to be removed and the permanent improvements would need to be in place and demonstrated to be operational. With residential development, staff looks to direct the storm water runoff from the roof toward landscape areas to a certain percentage. There is a certain amount of storm water that needs to be retained on site AUGUST 25, 2009 PAGE 6 PLANNING COMMISSION and infiltrated into the ground. There are limits as to how much storm water/runoff can actually be released into the public storm drain system. Pete Volbeda, architect, said he was pleased to present this project to the Planning Commission. He had an early review from an arborist who recommended a 2:1 replacement because "the 3:1 replacement planting plan is more than the property needs and I recommend a 2:1 replacement for proper growth and to avoid overcrowding of tree canopies as trees mature." Walnut trees can grow quite large and if all 27 walnut trees are planted the arborist says they will not grow to full mature trees because they will crowd each other. Mr. Volbeda said he did not mind planting 27 trees but it might be better to plant some other species such as oak if 27 are required. Perhaps this can be worked out with staff. VC/Nelson said he was not inclined to let the applicant away from the 3:1 ratio. He heard the concerns about overcrowding on site and would like to see that demonstrated. However, he is not sure staff has the ability to determine whether an overcrowding of walnuts would occur. If the site would not permit the 3:1 replacement on site, there are off-site replacement ratios as well, which are essentially costs that go into a fund to plant street trees and that would be the direction if 3:1 is impracticable on site. Of course, the City would not want to create an unsuccessful replacement program and would rather have the extra trees in a park or on the street. He said the Commission would defer further discussion about how to resolve this matter and entertain not necessarily putting all of the trees on site but not consider reducing the 3:1 ratio requirement to 2:1. Mr. Volbeda said that he agreed with VC/Nelson. CDD/Gubman confirmed that if the site is too constrained to accommodate full replacement ratio the City would accept in -lieu dedication of the trees either through contribution to the Community Services Park Development fund or to the Street Tree fund to satisfy the code requirement. Chair/Torng opened the public hearing. With no one present who wished to speak on this item, Chair/Torng closed the public hearing. C/Shah moved, C/Nolan seconded, to approve Development Review No. 2006-39 and Tree Permit No. 2006-09 subject to amendment of Condition No. 6 as recommended by VC/Nelson to wit: Trees will be AUGUST 25, 2009 PAGE 7 PLANNING COMMISSION 3 a replaced at a 3:1 on-site or off-site or in the form of in lieu fees and that at least six 24 -inch box trees and at least six 15 -gal black walnut trees shall be planted on-site, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lee PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman advised the Commission that the 45 -day public comment period for the Site D Draft EIR concluded on August 10. On August 3 staff held a neighborhood forum to give residents an opportunity to ask questions and submit their comments orally. Staff collected about 24 comments. Overwhelmingly, the comments were opposed to a commercial component, to the Site Specific Plan, preference for other alternatives, etc. Before staff prepares the final EIR the City will meet with the Executive Staff of the Walnut Valley Unified School District to debrief on the comments received, and discuss whether to move the project forward as is or modified to some degree. He would not anticipate bringing a final EIR and public hearings to the Commission prior to the start of the next year. C/Nolan asked if the Commission would have another workshop to consider the public feedback. CDD/Gubman felt it was a good idea but that staff needed to meet with the school district to determine their objectives. Chair/Torng said he agreed with the Specific Plan for Site D and he believed the City needed to plan for a very enticing anchor market. Otherwise, it could be a bad project. CDD/Gubman said he believed the context in which Diamond Bar finds itself today is quite a bit different from the time that the MOU was crafted with the school district and the initial land use plan was conceptualized. He had a feeling that the City needed to look at how the times have changed rather AUGUST 25, 2009 PAGE 8 PLANNING COMMISSION drastically with the NFL stadium and other issues as to the wisest stewardship of this property. CDD/Gubman responded to Chair/Torng that there is little news regarding the stadium. Staff is aware that the developer is involved in two lawsuits with the City of Walnut and with a private group led by Walnut residents. He said he understood that Majestic would have a public meeting in the near future and he will advise the Commission whether that information is accurate and would provide a time and place. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:40 p.m. The foregoing minutes are hereby approved this 22nd day of September, 2009. Attest: Respectfully Submitted, Greg Gubman Community Development Director T y Torng, Chair Agenda # 6.4 Meeting Date: October 20, 2009 CITY COUNCIL AGENDA REPORT C�'rortroR�cyv TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mn —Y�' TITLE: Ratification of Check Register Mtn October 1, 2009 through October 14, 2009 totaling $1,069,987.98. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,069,987.98 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated October 1, 2009 through October 14, 2009 for $1,069,987.98 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: Finan e ` irector Assistant City Manager Attachments: Affidavit and Check Register -10/01/09 through 10/14/09. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated October 1, 2009 through October 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 $509,374.71 Prop A - Transit Fund 37,706.75 Prop C - Transit Fund 1,575.00 Int. Waste Mgt Fund 2,642.17 CDBG Fund 1,355.92 COPS Fund 2,220.80 Narcotics Asset Forfeiture Fd 3,572.53 LLAD 38 Fund 495.42 LLAD 39 Fund 475.19 LLAD 41 Fund 204.17 Capital Improvement Projects Fund 434,189.96 Computer Equip Replacement Fd 76,175.36 $1,069,987.98 Signed: Linda G. Magn son Finance Director City of Diamond Bar - Check Register 10/01/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/1/2009 09PP20 PAYROLL TRANSFER PIR TRANSFER-09/PP 20 001 10200 149,040.71 $161,454.24 10/1/2009 86944 PAYROLL TRANSFER PIR TRANSFER-09/PP 20 112 10200 8,415.44 $45.00 10/1/2009 PAYROLL TRANSFER PIR TRANSFER-09/PP 20 115 10200 2,642.17 10/1/2009 PAYROLL TRANSFER PIR TRANSFER-09/PP 20 125 10200 1,355.921 1 1011/2009 86940 CONSULTING ENGINEERS INC SIGNAL TIMING -AUG 09 1135553 R44000 1,575.00 $4,375.00 10/1/2009 JADVANTEC ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-ENGINEERING 2505510 R46412 1 1 2,800.00 10/1/2009 1 86941 JAGRICULTURAL COM WGHTS & MEASURES 1COYOTE CONTROL SVCS-JUL 1 0014431 1 45406 1 323.701 $323.70 10/1/2009 86942 ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -AUG 0014411 1 45410 2,131.65 $7,697.63 10/1/2009 ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -SEPT 0014411 1 45410 5,565.98 10/1/2009 1 86943 JAMERICOMP GROUP INC SUPPLIES -TONERS 1 0014070 1 45000 1 141.581 $141.58 10/1/2009 ARROWHEAD JEQ RENTAL -DBC 0015333 42130 12.06 10/1/2009 1 86944 JAPRIL I BATSON REIMB-SUPPLIES DBC 1 0015333 1 41200 1 45.001 $45.00 10/1/200986945 86947 ARROWHEAD WATER SUPPLIES -DBC 0015333 41200 42.74 $54.80 10/1/2009 ARROWHEAD JEQ RENTAL -DBC 0015333 42130 12.06 10/1/2009 1 86946 ICYNTHIA ARTISH IFACILITY REFUND-PANTERA 1 001 1 23002 1 100.001 $100.00 10/1/2009 86947 BEAR STATE AIR CONDITIONING SVCS IN MAINT SVCS-PANTERA SEPT 0015340 42210 85.00 $240.00 10/1/2009 BEAR STATE AIR CONDITIONING SVCS IN MAINT SVCS -HERITAGE SEPT 0015340 1 42210 1 155.00 10/1/2009 1 86948 JBEE REMOVERS IBEE REMOVAL -DIST 39 1 1395539 1 42210 1 125.00 $125.00 10/1/2009 CDW GOVERNMENT INC. COMP HARDWARE-I.T. 5304070 46230 276.57 10/1/2009 1 86949 BENESYST I10/02/09-P/R DEDUCTIONS 1001 121105 1 691.071 $691.07 10/1/2009 86950 CDW GOVERNMENT INC. COMP HARDWARE-I.T. 5304070 46230 2,530.31 $81,968.69 10/1/2009 CDW GOVERNMENT INC. COMP HARDWARE-I.T. 5304070 46230 276.57 10/1/2009 CDW GOVERNMENT INC. COMP HARDWARE-I.T. 5304070 46230 12,478.58 10/1/2009 CDW GOVERNMENT INC. COMP HARDWARE-I.T. 5304070 46230 1,110.00 101112009 CDW GOVERNMENT INC. MEMO CREDIT-I.T_ 5304070 46230 -354.10 10/1/2009 CDW GOVERNMENT INC. COMP EQ-I.T. 1264411 46250 1,913.97 10/1/2009 CDW GOVERNMENT INC. COMP EQ-I.T. 1274411 46250 1,269.97 Page 1 City of Diamond Bar - Check Register 10101/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/1/2009 86950... CDW GOVERNMENT INC. COMP HARDWARE-I.T. 5304070 46230 20,146.00 $81,968.69 ... 10/1/2009 86952 CDW GOVERNMENT INC. COMP EQ-I.T. 1264411 46250 306.83 $393.04 10/1/2009 CDW GOVERNMENT INC. COMP EQ-I.T. 1274411 46250 2,302.56 10/1/2009 86953 CDW GOVERNMENT INC. COMP HARDWARE -17. 5304070 46230 39,988.00 $25.00 1011/2009 1 86951 INANCYCHOW IRECREATION REFUND 1001 1 34780 1 67.001 $67.00 10/1/2009 CAROL DENNIS PROF.SVCS-CNCL MTG 0014030 44000 125.00 10/1/2009 86952 CUMMINS ALLISON CORP ANNL MAINT-CK PERFORATOR 0014090 42200 393.04 $393.04 10/1/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC SEPT 0015333 45300 75.00 10/1/2009 1 86953 INEIL DE JESUS IFACILITY REFUND -DBC 1 001 1 23004 1 25.00 $25.00 i 10/1/2009 86954 1 DELTA DENTAL OCT 09 -DENTAL PREMIUMS 001 21104 1 3,239.95 $3,239.95 1011/2009 86955 CAROL DENNIS PROF.SVCS-CNCL MTG 0014030 44000 100.00 $300.00 10/1/2009 CAROL DENNIS PROF.SVCS-CNCL MTG 0014030 44000 125.00 10/1/2009 86958 CAROL DENNIS PROF.SVCS-PLNG 9/22 0015210 44000 75.00 $318.51 10/1/2009 86956 DIAMOND BAR CHINESE AMERICAN ASSN MTG-COUNCIL 0014010 42325 10.00 $30.00 10/1/2009 DIAMOND BAR CHINESE AMERICAN ASSN MTG-COUNCIL 0014010 42325 10.00 10/1/2009 86958 DIAMOND BAR CHINESE AMERICAN ASSN MTG-COUNCIL 0014010 42325 10.00 $318.51 10/1/2009 1 86957 IDIAMOND BAR INTERNATIONAL DELI SUPPLIES -PRINCIPALS MTG 1 0014090 1 42325 1 220.001 $220.00 10/1/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -HERITAGE 0015340 42210 40.00 10/1/2009 1 86958 JEDWARD F FLACKS REIMB-CACEO CONF 1 0015230 1 42340 1 318.511 $318.51 10/1/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC SEPT 0015333 45300 75.00 10/1/2009 1 86959 1EXECUTIVE PROMOTIONAL PRODUCTS INC SUPPLIES -DBC 1 0015333 1 41200 1 553.441 $553.44 10/1/2009 86960 EXTERMINETICS OF SO CAL INC PEST CONTROL -PETERSON 0015340 42210 50.00 $235.00 10/1/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -HERITAGE 0015340 42210 40.00 10/1/2009 86962 EXTERMINETICS OF SO CAL INC PEST CONTROL-PANTERA 0015340 42210 30.00 $149.06 10/1/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC SEPT 0015333 45300 75.00 10/1/2009 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC SEPT 0015333 45300 40.00 10/1/2009 1 86961 JF5 NETWORKS INC ICOMP MAINT-FY 09/10 10014070 1 42205 1 3,597.601 $3,597.60 10/1/2009 1 86962 IFEDEX 1EXPRESS MAIL -GENERAL 1 0014090 1 42120 1 19.041 $149.06 Page 2 City of Diamond Bar - Check Register 10/01/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/1/2009 10/112009 86962... FEDEX FEDEX EXPRESS MAIL -GENERAL EXPRESS MAIL -GENERAL 0014090 0014090 42120 42120 94.73 35.29 $149.06 ... 10/1/2009 1 86963 ITAMANN FLEMING IFACILITY REFUND -MAPLE HLL 1 001 1 23002 1 250.00 $250.00 10/1/2009 1 LAE ASSOCIATES INC IPROF.SVCS-ENGINEERING 0015551 1 45221 1 1,715.00 10/1/2009 86964 IGG ONE SOFTWARE INC COMP MAINT-I.T. FY09/10 1 0014070 1 42205 1 450.001 $450.00 10/1/2009 LIGHT BULBS ETC SUPPLIES -DBC 0015333 41200 123.82 10/1/2009 1 86965 IGRAND MOBIL IVEH MAINT-COMM SVCS 1 0015310 1 42200 1 2.891 $2.89 10/1/2009 1 86966 ICHUN JU HUANG IFACILITY REFUND -DBC 1001 1 23004 1 39.141 $39.14 10/1/2009 1 86967 JIMPACT SIGNS SIGNS -COMM SVCS MTG 1 2505310 1 46415 1 393.301 $393.30 10/1/2009 1 86968 JINLAND EMPIRE STAGES EXCURSION -TRANSPORTATION 1 1125350 1 45310 1 800.50 $800.50 10/1/2009 1 86969 JACKSON'S AUTO SUPPLY IVEH MAINT-COMM SVCS 1 0015310 1 42200 1 93.46 $93.46 10/1/2009 1 86970 IJULIE MCCASLAND IFACILITY REFUND -DBC 1 001 1 23002 1 200.001 $200.00 10/112009 1 86971 ILISA KWAN IFACILITY REFUND -HERITAGE 1 001 1 23002 1 50.00 $50.00 10/1/2009 86972 LAE ASSOCIATES INC ENG SVCS -GRAND AVE 0015551 45221 575.00 $2,290.00 10/1/2009 1 LAE ASSOCIATES INC IPROF.SVCS-ENGINEERING 0015551 1 45221 1 1,715.00 10/1/2009 1 86973 LANDS' END BUSINESS OUTFITTERS SUPPLIES -STAFF SHIRTS 1 0014095 1 41400 1 182.491 $182.49 101112009 LIGHT BULBS ETC SUPPLIES -DBC 0015333 41200 348.69 10/1/2009 1 86974 ILANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAI NT AUG 09 1 0015558 1 45503 1 1,982.76 $1,982.76 10/1/2009 LIGHT BULBS ETC SUPPLIES -DBC 0015333 41200 123.82 10/1/2009 1 86975 JLDM ASSOCIATES INC. PROF.SVCS-FPL 2007-250 1 001 23010 403.751 $403.75 10/1/2009 1 86976 JKWANG HO LEE JPLNG COMM -SEPT 09 1 0015210 1 44100 1 65.001 $65.00 10/1/2009 86977 LIGHT BULBS ETC SUPPLIES -DBC 0015333 41200 69.54 $624.62 101112009 LIGHT BULBS ETC SUPPLIES -DBC 0015333 41200 348.69 10/1/2009 LIGHT BULBS ETC SUPPLIES -DBC 0015333 41200 82.57 10/1/2009 LIGHT BULBS ETC SUPPLIES -DBC 0015333 41200 123.82 Page 3 City of Diamond Bar - Check Register 10/01/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # I Amount I Total Check Amount 10/1/2009 86978 IZOILA LOMELI IFACILITY REFUND -DBC 001 1 23002 1 400.001 $400.00 10/1/2009 1 86979 ILOS ANGELES COUNTY SHERIFF'S DEPT. ICALVARY CHAPEL -AUG 09 1 0014411 1 45402 1 7,086.841 $7,086.84 10/1/2009 MCE CORPORATION STRIPING MAINT-AUG 09 0015554 45506 4,821.88 10/1/2009 1 86980 IMANAGED HEALTH NETWORK JOCT 09 -EAP PREMIUMS 1 001 1 21115 1 163.02 $163.02 10/1/2009 86981 MCE CORPORATION VEGETATION CONTROL -AUG 0015558 45508 8,590.34 $23,607.83 10/1/2009 MCE CORPORATION STRIPING MAINT-AUG 09 0015554 45506 4,821.88 10/1/2009 86983 MCE CORPORATION ROAD MAINT-AUG 09 0015554 45502 6,270.98 $78.75 10/1/2009 MCE CORPORATION RIGHT -OF -WAY -AUG 09 0015554 45522 3,924.63 10/1/2009 1 86982 IMINUTEMAN PRESS R & D BLUEPRINT 1PRINT SVCS -COMM SVCS 1 0014095 1 42110 1 65.85 $65.85 10/1/2009 ORKIN PEST CONTROL INC PEST CONTROL SVCSSYC CYN 0015340210 21109 66.06 10/1/2009 1 86983 IMOBILE RELAY ASSOCIATES INC IREPEATER SVCS -OCT 09 1 0014440 1 42130 1 78.751 $78.75 10/1/2009 1 86984 IMT CALVARY LUTHERAN CHURCH & SCHOOL IFACILITY RENTAL -SUMMER 1 0015350 1 42140 1 1,152.00 F $1,152.00 10/1/2009 1 86985 ISTEVE G NELSON JPLNG COMM -SEPT 09 1 0015210 1 44100 1 65.001 $65.00 10/1/2009 1 86986 1KATHLEEN ERIN NOLAN 1PLNG COMM -SEPT 09 1 0015210 1 44100 1 65.001 $65.00 10/1/2009 86987 ORKIN PEST CONTROL INC PEST CONTROL SVCSSYC CYN 0015340L42210 210 63.22 $195.34 10/1/2009 ORKIN PEST CONTROL INC PEST CONTROL SVCSSYC CYN 0015340210 21109 66.06 10/1/2009 86991 ORKIN PEST CONTROL INC PEST CONTROL SVCS-SYC CYN 0015340 21109 66.06 $125.00 10/1/2009 1 86988 RAZIA PATAIL IFACILITY REFUND -DBC 1 001 1 23004 1 97.21 $97.21 10/1/2009 86989 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 $24,399.42 10/1/2009 PERS RETIREMENT FUND RETIRED CONTRIB-EE 001 21109 9,741,18 10/1/2009 86991 PERS RETIREMENT FUND RETIRED CONTRIB-ER 001 21109 14,611.74 $125.00 10/1/2009 1 86990 IREINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014095 1 42110 1 91.091 $91.09 10/1/2009 86991 MARGARET SEARCY RECREATION REFUND 001 34780 125.00 $125.00 10/1/2009 1 86992 JSGV PUBLIC AFFAIRS NETWORK MTG-COUNCIL 0014010 1 42325 1 30.001 $30.00 Page 4 City of Diamond Bar - Check Register 10/01/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/1/2009 86993 JACK SHAH JPLNG COMM -SEPT 09 0015210 44100 1 65.001 $65.00 10/1/2009 1 86994 ISO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL 0014090 1 4214011 22,416.45 $22,416.45 10/1/2009 86995 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 582.99 $1,304.17 10/1/2009 1 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 451.26 i I 10/1/2009 86998 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 269.92 $116.01 10/1/2009 86996 ITHE COMDYN GROUP INC WATER SUPPLIES -CITY HALL 0014090 41200 200.85 $211.60 10/1/2009 1 ISPARKLETTS SPARKLETTS 1EQ RENTAL-C/HALL SEPT 0014090 42130 1 10.75 i I 10/1/2009 86997 ITHE COMDYN GROUP INC PROF.SVCS-GIS WK 9/11 1 0014070 1 44000 1 1,545.60 $1,545.60 10/1/2009 VERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0015340 42125 258.47 10/1/2009 1 86998 TIME WARNER IMODEM SVCS -HERITAGE PK 1 0015340 1 42126 1 116.01 $116.01 10/1/2009 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL P/PH 0015340 42125 88.07 10/1/2009 1 86999 ITIME WARNER IMODEM SVCS -COUNCIL 0014010 1 42130 1 34.441 $34.44 10/1/2009 VERIZON WIRELESS -LA CELL SVCS-LASD MODEM 0014411 1 42125 1 45.01 10/1/2009 1 87000 JUNION BANK OF CALIFORNIA I LOC FEES -6/09-9/09 0014090 1 42129 1 16,355.841 $16,355.84 10/1/2009 1 87001 IVANTAGEPOINTTRNSFRAGNTS-303248 110/02/09-P/R DEDUCTIONS 1 001 1 21108 1 27,994.451 $27,994.45 10/1/2009 1 87002 IRUTH VELASCO IFACILITY REFUND -HERITAGE 1 001 1 23002 1 200.00 $200.00 10/1/2009 87003 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 88.07 $612.05 10/1/2009 VERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0015340 42125 258.47 10/1/2009 VERIZON CALIFORNIA PH.SVCS-REAGAN P/PH 0015340 42125 88.07 10/1/2009 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL P/PH 0015340 42125 88.07 10/1/2009 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 89.37 10/1/2009 87004 VERIZON WIRELESS -LA CELL SVCS-CMGR 0014030 42125 75.25 $254.29 10/1/2009 VERIZON WIRELESS -LA CELL SVCS-EOC 0014440 42125 43.73 10/1/2009 VERIZON WIRELESS -LA CELL SVCS-EOC 0014090 42125 0.28 10/1/2009 VERIZON WIRELESS -LA WIRELESS SVCS-DESFORGES 0014070 42125 45.01 10/1/2009 VERIZON WIRELESS -LA WIRELESS SVCS -GENERAL 0014090 42125 45.01 10/1/2009 VERIZON WIRELESS -LA CELL SVCS-LASD MODEM 0014411 1 42125 1 45.01 Page 5 City of Diamond Bar - Check Register 10/01/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/1/2009 87005 VISION INTERNET PROVIDERS INC HOSTING -CITY WEBSITE 0014070 44030 1 150.00 $150.00 10/1/2009 1 87006 IVISION SERVICE PLAN JOCT 09 -VISION PREMIUMS 001 121107 1 1,310.461 $1,310.46 10/1/2009 1 IWAXIE WAXIE SANITARY SUPPLY SUPPLIES -PARKS 0015340 41200 1 414.15 10/1/2009 1 87007 IWARRIEN SIECKE TRFFC ENG SVCS-JUL 09 0015510 1 45221 1 45.00 $45.00 10/1/2009 87008 SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 1,086.08 $1,500.23 10/1/2009 1 IWAXIE WAXIE SANITARY SUPPLY SUPPLIES -PARKS 0015340 41200 1 414.15 10/1/2009 87009 WEST COAST ARBORISTS INC TREE MAINT SVCS -AUG 09 0015558 45509 3,846.35 $4,516.35 10/1/2009 1 WEST COAST ARBORISTS INC TREE WATERING SVCS -AUG 0015558 45510 1 1 670.00 10/1/2009 1 87010 1JEANNIE WU RECREATION REFUND 1 001 1 34780 1 80.00 $80.00 10/8/2009 ADVANTEC CONSULTING ENGINEERS INC ENG SVCS -MT LAUREL PED 0015510 45221 4,000.00 10/1/2009 1 87011 JYI TONY TORNG JPLNG COMM -SEPT 09 1 0015210 1 44100 1 65.001 $65.00 10/8/2009 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 09-643 001 23012 410.00 10/1/2009 1 87012 JEAN YU IRECREATION REFUND 1 001 1 34780 1 100.00 $100.00 10/1/2009 1 87013 MARTIN ZURATI RECREATION REFUND 1 001 1 34780 1 40.00 $40.00 10/8/2009 1 87014 1 NELSON ABRAZALDO FACILITY REFUND-PANTERA 001 23002 1 150.001 $150.00 10/8/2009 87015 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-ENG AUG 09 0015510 45221 600.00 $5,810.00 10/8/2009 ADVANTEC CONSULTING ENGINEERS INC ENG SVCS -MT LAUREL PED 0015510 45221 4,000.00 10/8/2009 87017 ADVANTEC CONSULTING ENGINEERS INC ENG SVCS -MT LAUREL PED 0015510 45221 800.00 $1,487.50 10/8/2009 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 09-643 001 23012 410.00 10/8/2009 1 87016 JAMERICAN PUBLIC WORKS ASN MEMBERSHIP DUES -R YEE 1 0015510 1 42315 1 171.25 $171.25 10/8/2009 AT & T PH.SVCS-GENERAL 0014090 42125 1 29.78 10/8/2009 1 87017 AMERICOMP GROUP INC PRINTER MAINT-OCT-DEC 09 1 0014070 1 45000 1 1,487.501 $1,487.50 10/8/2009 1 87018 JARMIJO NEWSPAPER & PR AD -DB PHOTO CONTEST SEPT 0014095 1 42115 1 300.00 $300.00 10/8/2009 87019 AT & T PH.SVCS-GENERAL 0014090 42125 25.43 $55.21 10/8/2009 AT & T PH.SVCS-GENERAL 0014090 42125 1 29.78 10/8/2009 1 87020 JAT&T MOBILITY CELL CHRGS-POOL VEH 1 0014090 1 42125 1 12.261 $34.68 Page 6 City of Diamond Bar - Check Register 10/01/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/8/2009 10/8/2009 87020... JAT&T MOBILITY AT&T MOBILITY CELL CHRGS-POOL VEH CELL CHRGS-POOL VEH 0014090 0014090 42125 42125 11.21 11.21 $34.68 ... 10/8/2009 1 87021 ISUZANNE BURKS IRECREATION REFUND 1 001 1 34780 1 60.001 $60.00 10/8/2009 DAVID J. GRUNDY IP & R COMM -AUG 09 0015350 1 44100 1 45.00 10/8/2009 1 87022 ICALIFORNIA CUSTOM LANDSCAPE CO REFUND -EN 09-&55 1 001 1 23012 1 250.001 $250.00 10/8/2009 DMS CONSULTANTS CIVIL ENGINEERS INC ADMIN FEE -EN 08-608 001 23012 1,672.00 10/8/2009 1 87023 ICERTIFIED TRANSPORTATION SVCS INC TRNSPTN-PUMPKIM PATCH 1 1125350 1 45310 1 409.021 $409.02 10/8/2009 DMS CONSULTANTS CIVIL ENGINEERS INC ADMIN FEE -EN 08-608 001 23012 1,502.00 10/8/2009 1 87024 JALICIA CHEN IRECREATION REFUND 1 001 1 34760 1 247.001 $247.00 10/8/2009 87025 DAVID J. GRUNDY P & R COMM -SEPT 09 0015350 44100 45.00 $90.00 10/8/2009 DAVID J. GRUNDY IP & R COMM -AUG 09 0015350 1 44100 1 45.00 10/8/2009 1 87026 IDOMINGO DELGADO IFACILITY REFUND -DBC 1 001 1 23002 1 100.00 $100.00 10/812009 DMS CONSULTANTS CIVIL ENGINEERS INC ADMIN FEE -EN 08-608 001 23012 1,512.00 10/8/2009 1 87027 IDELTA CARE USA JOCT 09 -DENTAL PREMIUMS 1 001 1 21104 1 375.81 $375.81 10/8/2009 DMS CONSULTANTS CIVIL ENGINEERS INC ADMIN FEE -EN 08-608 001 23012 1,672.00 10/8/2009 1 87028 ICAROL DENNIS I PROF.SVCS-P & R MTG 1 0015310 1 44000 1 100.001 $100.00 10/8/2009 DMS CONSULTANTS CIVIL ENGINEERS INC ADMIN FEE -EN 08-608 001 23012 1,502.00 10/8/2009 1 87029 IDIAMOND BAR INTERNATIONAL DELI JMTG SUPPLIES -COMM SVCS 10015310 1 42325 1 80.001 $80.00 10/8/2009 87030 DMS CONSULTANTS CIVIL ENGINEERS INC ADMIN FEE -EN 08-608 001 34650 -1,502.00 $57,325.00 10/812009 DMS CONSULTANTS CIVIL ENGINEERS INC ADMIN FEE -EN 08-608 001 23012 1,512.00 10/8/2009 87032 DMS CONSULTANTS CIVIL ENGINEERS INC ADMIN FEE -EN 08-608 001 34650 -1,512.00 $152.95 10/8/2009 DMS CONSULTANTS CIVIL ENGINEERS INC ADMIN FEE -EN 08-608 001 23012 1,672.00 10/812009 DMS CONSULTANTS CIVIL ENGINEERS INC ADMIN FEE -EN 08-608 001 34650 -1,672.00 10/8/2009 DMS CONSULTANTS CIVIL ENGINEERS INC ADMIN FEE -EN 08-608 001 23012 1,502.00 10/8/2009 DMS CONSULTANTS CIVIL ENGINEERS INC TRFFC CALMING -SUNSET XING 2505510 R46412 10,465.00 10/8/2009 DMS CONSULTANTS CIVIL ENGINEERS INC PROF.SVCS-EN 08-608 001 23012 16,720.00 10/8/2009 DMS CONSULTANTS CIVIL ENGINEERS INC PROF.SVCS-EN 08-608 001 23012 15,120.00 10/8/2009 DMS CONSULTANTS CIVIL ENGINEERS INC PROF.SVCS-EN 08-608 001 23012 15,020.00 10/8/2009 1 87031 IDIANA DUNCAN EXCURSION -PUMPKIN PATCH 1 0015350 1 42410 1 230.001 $230.00 10/8/2009 1 87032 IEVERGREEN INTERIORS PLANTS-ZIRBES DEDICATION 1 0014090 1 41400 1 152.951 $152.95 Page 7 City of Diamond Bar - Check Register 10/01/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description ] I ( Fund/ Dept I l Acct # I Amount ITotal Check Amount 10/8/2009 87033 IFEDEX EXPRESS MAIL -GENERAL 0014090 42120 1 103.951 $103.95 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 09-633 001 34650 -62.50 10/8/2009 87034 IGABRIELA FIALLO FACILITY REFUND -HERITAGE 001 1 23002 1 50.00 $50.00 10/8/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 08-627 001 23012 250.00 10/8/2009 1 87035 JANGELINA FLORES IFACILITY REFUND -HERITAGE 001 23002 200.00 $200.00 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 08-627 001 34650 -62.50 10/8/2009 1 87036 ICAROL GALLARDO RECREATION REFUND 001 34780 165.00 $165.00 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-434 001 34650 -76.56 10/8/2009 87037 ITERRY GARTON IFACILITY REFUND -DBC 001 1 23002 1 350.00 $350.00 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 07-557 001 23012 375.00 10/8/2009 87038 IGO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 10/2 001 23005 4,350.001 $4,350.00 10/8/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 06-541 001 23012 263.75 10/8/2009 87039 JGOVPARTNER REQUEST PARTNER -OCT 09 0014070 1 44030 1 850.001 $850.00 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 06-541 001 34650 -65.94 10/8/2009 1 87040 IGRAND MOBIL FUEL -JEEP 0014090 1 42310 1 30.06 $30.06 10/8/2009 IHALL & FOREMAN, INC. PROF.SVCS-INSPECTION 0015510 1 R45227 307.25 10/8/2009 87041 ISUSAN HAGER IFACILITY REFUND -DBC 1 001 1 23002 1 400.001 $400.00 10/8/2009 87043 HALL & FOREMAN, INC. PROF.SVCS-EN 09-633 001 23012 250.00 $8,927.55 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 09-633 001 23012 62.50 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 09-633 001 34650 -62.50 10/8/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 04-434 001 23012 306.25 10/8/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 08-627 001 23012 250.00 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 08-627 001 23012 62.50 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 08-627 001 34650 -62.50 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-434 001 23012 76.56 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 04-434 001 34650 -76.56 10/8/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 07-557 001 23012 1,500.00 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 07-557 001 23012 375.00 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 07-557 001 34650 -375.00 10/8/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 06-541 001 23012 263.75 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 06-541 001 23012 65.94 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 06-541 001 34650 -65.94 10/8!2009 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015510 45227 32.75 10/8/2009 IHALL & FOREMAN, INC. PROF.SVCS-INSPECTION 0015510 1 R45227 307.25 Page 8 City of Diamond Bar - Check Register 10/01/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/8/2009 87043... HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 R45223 347.50 $8,927.55 ... 10/8/2009 87045 HALL & FOREMAN, INC. PROF.SVCS-INSPECTION 001 23012 4,962.95 $500.00 10/812009 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 001 23012 437.30 10/8/2009 87046 HALL & FOREMAN, INC. PROF.SVCS-EN 04459 001 23012 19.80 $45.00 10/8/2009 HALL & FOREMAN, INC. PROF.SVCS-EN 09-633 001 23012 250.00 10/8/2009 87047 HALL & FOREMAN, INC. ADMIN FEE -EN 09-633 001 23012 62.50 $400.00 10/812009 HALL & FOREMAN, INC. ADMIN FEE -EN 09-633 001 34650 -62.50 10/812009 87048 HALL & FOREMAN, INC. ADMIN FEE -EN 08-608 001 23012 496.30 $292.27 10/8/2009 HALL & FOREMAN, INC. ADMIN FEE -EN 08-608 001 34650 -496.30 10/8/2009 87049 HALL & FOREMAN, INC. ADMIN FEE -EN 08-608 001 23012 43.73 $100.00 10/8/2009 HALL & FOREMAN, INC. JADMIN FEE -EN 08-608 001 34650 -43.73 10/8/2009 1 87044 JHARDY& HARPER INC PROF.SVCS-SIDEWLK REPAIRS 0015554 1 45504 1 110,185.001 $10,185.00 10/8/2009 1 87045 IJAMES HERNANDEZ IFACILITY REFUND -DBC 1 001 1 23002 1 500.00 $500.00 10/8/2009 1 87046 ILEW HERNDON IP & R COMM -SEPT 09 1 0015350 1 44100 1 45.00 $45.00 10/8/2009 87047 1JENNIFER HIMES IFACILITY REFUND -HERITAGE 1 001 1 23002 1 400.001 $400.00 10/8/2009 1 87048 IHOME DEPOT CREDIT SERVICES SUPPLIES -DBC 1 0015333 1 41200 1 292.271 $292.27 10/8/2009 1 87049 JAM13ER INGRAM IFACILITY REFUND -DBC 1 001 1 23002 1 100.00 $100.00 10/8/2009 1 87050 IMOHAMAD R JAHANVASH CONTRACT CLASS -FALL 0015350 1 45320 1 90.001 $90.00 10/8/2009 1 87051 ITERESAJENG IRECREATION REFUND 001 134780 1 240.00 $240.00 10/8/2009 1 87052 IJOE A. GONSALVES & SON INC. ILEGISLATIVE SVCS -OCT 09 0014030 1 44000 1 3,000.00 $3,000.00 10/8/2009 1 87053 INARINDER KUMAR REFUND -EN 04-449 1 001 1 23012 1 1,242.311 $1,242.31 10/8/2009 1 87054 IVINOD KUMAR FACILITY REFUND -DBC 1 001 1 36615 1 400.00 $400.00 10/8/2009 1 87055 IDO WON KWAK REFUND -TEMP SIGN 1 001 1 23013 1 100.00 $100.00 Page 9 City of Diamond Bar - Check Register 10/01/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/8/2009 87056 LA DATA SECURITY CORP DATA STORAGE SVCS -SEPT 09 0014070 45000 1 620.00 $620.00 10/8/2009 1 87057 CITY OF LA VERNE IPRKG CITE HRGS-SEPT 09 1 0014411 1 45405 1 210.001 $210.00 10/8/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-459 001 34650 -134.10 10/8/2009 87058 IMING K LAN REFUND -FPL 07-272 1 001 1 23010 1 1,142.04 $1,142.04 10/8/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-459 001 23012 134.10 10/8/2009 1 87059 ILANGUAGE LINK TRANSLATION SVCS -ELECTION 0014030 1 42390 1 375.00 $375.00 10/8/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-459 001 34650 -55.35 10/8/2009 1 87060 IKIM LEE IRECREATION REFUND 1 001 1 34780 1 45.00 $45.00 10/8/2009 87061 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 04-459 001 23012 745.00 $1,529.50 10/8/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-459 001 34650 -134.10 10/8/2009 87063 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-459 001 23012 55.35 $700.16 10/8/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-459 001 23012 134.10 10/8/2009 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 04-459 001 23012 307.50 10/8/2009 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-459 001 34650 -55.35 10/8/2009 ILEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 05-490 001 1 23012 477.00 10/8/2009 1 87062 IBENNY LIANG IP & R COMM -AUG 09 1 0015350 1 44100 1 45.001 $45.00 10/8/2009 LOS ANGELES COUNTY MTA CITY SUBSIDY -JULY 09 1125553 45533 1,096.50 10/8/2009 1 87063 IROBERT LIEBE REFUND -FPL 09-349 1125553 123010 1 700.161 $700.16 10/8/2009 87064 LOS ANGELES COUNTY MTA MTA PASSES -JULY 09 1125553 45535 3,718.50 $9,362.00 10/8/2009 LOS ANGELES COUNTY MTA CITY SUBSIDY -JULY 09 1125553 45533 1,096.50 10/8/2009 87067 LOS ANGELES COUNTY MTA MTA PASSES -AUG 09 1125553 45535 3,504.10 $100.00 10/8/2009 LOS ANGELES COUNTY MTA CITY SUBSIDY -AUG 09 1125553 45533 1,042.90 10/8/2009 87065 LOS ANGELES COUNTY MTA MTA TAP CARDS -AUG 09 1125553 45535 148.80 $186.00 10/8/2009 LOS ANGELES COUNTY MTA CITY SUBSIDY -AUG 09 1125553 45533 1 37.20 10/8/2009 1 87066 ILOS ANGELES SUPERIOR COURT IPARKING CITATION FEES -AUG 1 001 1 32230 1 2,118.50 $2,118.50 10/8/2009 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 102.46 10/8/2009 1 87067 IMARSHALL REDDICK REALTY IFACILITY REFUND -DBC 1 001 1 23002 1 ioo.00l $100.00 10/8/2009 87068 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 64.60 $196.97 10/8/2009 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 102.46 Page 10 City of Diamond Bar - Check Register 10/01/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/8/2009 87068... MINUTEMAN PRESS R & D BLUEPRINT PROF.SVCS-EN 09-646 001 23012 29.91 $196.97 ... 10/8/2009 87069 NORRIS REPKE INC ADMIN FEE -EN 08-608 001 23012 1,735.30 $36,875.95 10/8/2009 1 NORRIS REPKE INC ADMIN FEE -EN 08-608 001 34650 -1,735.30 10/8/2009 87073 NORRIS REPKE INC ADMIN FEE -EN 08-608 001 23012 1,677.30 $1,600.00 10/8/2009 NORRIS REPKE INC ADMIN FEE -EN 08-608 001 34650 -1,677.30 10/8/2009 87074 NORRIS REPKE INC PROF.SVCS-EN 08-608 001 23012 16,772.95 $9,864.09 10/8/2009 NORRIS REPKE INC PROF.SVCS-EN 08-608 001 23012 17,353.00 10/8/2009 87075 NORRIS REPKE INC IST IMPVMNTS-CHINO HLLS PK 2505510 1 46411 2,750.00 $55.00 10/8/2009 1 87070 INORTH WEST COLLEGE IFACILITY REFUND -DBC 001 23002 1 :350.001 $350.00 10/8/2009 1 87071 TED OWENS P & R COMM -SEPT 09 0015350 44100 45.00 $90.00 10/8/2009 1 TED OWENS P & R COMM AUG 09 1 0015350 1 44100 45.00 1 10/8/2009 1 87072 1PARTITION SPECIALITES INC REPAIR PARTITION -DBC 1 0015333 1 42210 1 1,938.001$1,938.00 $18,533.79 10/8/2009 REGIONAL TAP SERVICE CENTER CITY SUBSIDY -AUG 09 1125553 45533 1,957.07 10/8/2009 1 87073 1 PATH TO PROSPERITY INC REFUND -EN 09-659 001 23012 1 1,600.001 $1,600.00 10/8/2009 REGIONAL TAP SERVICE CENTER CITY SUBSIDY -JULY 09 1125553 45533 1,749.69 10/8/2009 1 87074 IR F DICKSON COMPANY IST SWEEPING SVCS-AUG/SEPT 0015554 1 45501 1 9,864.091 $9,864.09 10/8/2009 1 87075 JERICA RAMIREZ IRECREATION REFUND 001 1 34780 1 5.5.001 $55.00 10/8/2009 1 87076 IREGIONAL CHAMBER OF COMMERCE SERVICE CONTRACT -OCT 09 0014096 1 45000 1 1,000.00 $1,000.00 10/8/2009 87077 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES -AUG 09 1125553 45535 7,828.29 $18,533.79 10/8/2009 REGIONAL TAP SERVICE CENTER CITY SUBSIDY -AUG 09 1125553 45533 1,957.07 10/8/2009 87080 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES -JULY 09 1125553 45535 6,998.74 $680.45 10/8/2009 REGIONAL TAP SERVICE CENTER CITY SUBSIDY -JULY 09 1125553 45533 1,749.69 10/8/2009 87,078 RJ NOBLE COMPANY LYCOMING ST REHAB PROJ 2505510 R46411 464,201.85 $417,781.66 10/8/2009 JRJ NOBLE COMPANY RETENTION PAYABLE 250 1 20300 1 -46,420.19 10/8/2009 1 87079 IS C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 10015554 1 41250 1 200.10 $200.10 10/8/2009 1 87080 ISAFEWAY SIGN COMPANY SUPPLIES -ROAD MAINT 10015554 1 41250 1 408.271 $680.45 Page 11 City of Diamond Bar - Check Register 10/01/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/8/2009 1 87080... SAFEWAY SIGN COMPANY SUPPLIES -ROAD MAINT 0015554 41250 272.18 $680.45 ... 10/8/2009 87081 SASAKI TRANSPORTATION SVCS. PROF.SVCS-EN 06-514 001 23012 975.00 $975.00 10/8/2009 1 SASAKI TRANSPORTATION SVCS. ADMIN FEE -EN 06-514 001 23012 175.50 10/8/2009 87083 SASAKI TRANSPORTATION SVCS. ADMIN FEE -EN 06-514 001 34650 -175.50 $299.73 10/8/2009 1 87082 ISCMAF ISCMAF MTG-REC STAFF 1 0015350 1 42325 1 230.001 $230.00 10/8/2009 1 JASPER SOSING ADDL FACILITY CHRGS 001 36615 -30.00 10/8/2009 1 87083 ISECTRAN SECURITY INC. COURIER SVCS -OCT 09 10014090 1 44000 1 299.731 $299.73 10/8/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 38.40 10/8/2009 1 87084 ISIGN CONTRACTORS INC JARMED FORCES BANNERS 1 0015350 1 45300 1 2,234.561 $2,234.56 10/8/2009 87085 JASPER SOSING FACILITY REFUND -DBC 001 23002 100.00 $70.00 10/8/2009 1 JASPER SOSING ADDL FACILITY CHRGS 001 36615 -30.00 10/8/2009 87086 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 204.17 $8,320.22 10/8/2009 1 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 2,118.44 10/8/2009 87089 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 233.23 $46.95 10/8/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 38.40 10/8/2009 87090 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 4,918.77 $252.60 10/8/2009 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 457.02 10/8/2009 87091 SOUTHERN CALIFORNIA EDISON JELECT SVCS -DIST 39 1395539 42126 350.19 $80.00 10/8/2009 1 87087 TENNIS ANYONE CONTRACT CLASS -SUMMER 0015350 45320 70.70 $141.40 10/8/2009 1 TENNIS ANYONE CONTRACT CLASS -SUMMER 0015350 1 45320 70.70 10/8/2009 1 87088 ITIERNEY BROTHER INC PROJECTOR -DBC 1 0015333 1 46250 1 11,789.941 $11,789.94 10/8/2009 1 87089 ITIME WARNER IMODEM SVCS -COUNCIL 1 0014010 1 42130 1 46.951 $46.95 10/8/2009 1 87090 ITIME WARNER INTERNET SERVICE SVCS -OCT 1 0014070 1 44030 1 252.60 $252.60 10/8/2009 1 87091 IBRIAN TROUDY IRECREATION REFUND 1 001 134780 1 80.001 $80.00 10/8/2009 1 87092 JUNITED PUMPING SERVICE INC SUPPLIES -ROAD MAINT 1 0015554 1 41250 1 519.201 $519.20 Page 12 City of Diamond Bar - Check Register 10/01/09 thru 10/14/09 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount I Total Check Amount 10/8!2009 87093 NIMFA VELOSO RECREATION REFUND OD1 34780 86.00 $86.00 10/8/2009 87094 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 125.25 $358.75 10/8/2009 87096 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 42125 74.75 $187.50 10/8/2009 87099 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 35.52 $150.00 10/8/2009 VERIZON CALIFORNIA PH.SVCS-PETERSON P/PH 0015340 42125 93.17 10/8/2009 87100 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 1 30.06 $1,529.23 10!8/2009 87095 CARMELA VO FACILITY REFUND 001 23002 100.00 $100.00 10/8/2009 87096 WARREN SIECKE JENG SVCS -AUG 09 0015510 45221 187.50 $187.50 10/8/2009 87097 WILLDAN GEOTECHNICAL PROF.SVCS-EN 07-578 001 23012 740.00 $1,665.00 10/8/2009 WILLDAN GEOTECHNICAL ADMIN FEE -EN 07-578 001 23012 133.20 10/8/2009 87099 WILLDAN GEOTECHNICAL ADMIN FEE -EN 07-578 001 34650 -133.20 $150.00 10/8/2009 WILLDAN GEOTECHNICAL PROF.SVCS-EN 07-559 001 23012 370.00 10/8/2009 87100 WILLDAN GEOTECHNICAL ADMIN FEE -EN 07-559 001 23012 66.60 $1,529.23 10/8/2009 WILLDAN GEOTECHNICAL ADMIN FEE -EN 07-559 001 34650 -66.60 10/8/2009 W/T 0105 WILLDAN GEOTECHNICAL PROF.SVCS-EN 06-547 001 23012 555.00 $25,120.62 10/8/2009 WILLDAN GEOTECHNICAL ADMIN FEE -EN 06-547 001 23012 99.90 $1,069,987.98 10/8/2009 WILLDAN GEOTECHNICAL ADMIN FEE -EN 06-547 001 34650 -99.90 10!8/2009 87098 IWOMEN IN LEISURE SERVICES MTG-MURPHEY, L MEYER 1 0015350 1 42325 1 70.001 $70.00 1018!2009 87099 PAUL WRIGHT A/V SVCS-PLNG COMM MTG 0014090 44000 150.00 $150.00 10/8/2009 87100 JZUMAR INDUSTRIES INC SUPPLIES -ROAD MAINT 0015554 41250 1 1,529.231 $1,529.23 10/112009 W/T 0105 UNION BANK OF CALIFORNIA, NA LEASE PAYMENT -DBC OCT 0014090 42140 25,120.62 $25,120.62 $1,069,987.98 Page 13 CITY COUNCIL Agenda # 6.5 Meeting Date: 10/20/09 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manae TITLE: APPROVAL OF AMENDMENT #9 O EXTEND LICENSE AGREEMENT WITH COCA-COLA FOR THE PLACEMENT OF BEVERAGE -SERVING MACHINES IN CITY PARKS FOR THE PERIOD OF FEBRUARY 1, 2010 THROUGH JANUARY 31, 2012. RECOMMENDATION: Approve. FINANCIAL IMPACT: City's share of annual revenue for the 2008/09 FY was $5,886. Estimated revenue for 2009/10 FY is the same amount. Estimated electrical cost for 2009/10 FY is $2,300. BACKGROUND: The City Council approved Amendment #8 to the License Agreement with Coca- Cola on July 21, 2009. This amendment extended the term of the license agreement for a period of six months, August 1, 2009 — January 31, 2010. This six-month extension provided the time necessary for City staff and Coca-Cola representatives to conclude discussions on a two-year extension. The two-year extension, for the period of February 1, 2010 — January 31, 2012, is now ready for City Council consideration. DISCUSSION: Coca-Cola has provided beverage -serving machines in the City's parks for the past ten years. The City Council first approved a one-year license agreement beginning August 1, 1999. The City Council approved one-year extensions of the agreement in 2000, 2001 and 2002, and a two-year extension in 2003 to 2005, 2005 to 2007 and 2007 to 2009. The current agreement extension was for sixth months and is scheduled to expire on January 31, 2010. Coca Cola has agreed to extend the license agreement for two more years. Section two of the agreement authorizes the City Council to extend the term. There are 10 beverage -serving machines in six City parks: Peterson Maple Hill Ronald Reagan Pantera Heritage Sycamore Canyon PR��RF.�D ASVD REVIEWED BY: Community Services Director Attachments: Original License Agreement dated August 1, 1999 Amendment #9 to License Agreement for period of 2/1/2010 — January 31, 2012 CITY OF DIAMOND BAR COMMERCIAL OUTDOOR VENDING MACHINE LICENSE AGREEMENT RECITALS A. The Coca Cola Bottling Company of Los Angeles (hereinafter "Licensee") seeks to vend its beverage products from vending machines located in certain parks owned and operated by the City of Diamond Bar (hereinafter "City"). B. City desires to place beverage -serving vending machines at specified locations within certain of its parks as a service to park users. C. This Agreement sets forth the terms and conditions under which Licensee may install its vending machines in City parks, LICENSE 1. License, A revocable non-exclusive license (hereinafter the "License" or "Agreement") is hereby granted to Licensee to install the number of beverage -serving vending machines in accordance with the specifications and in the precise locations and configurations all as described in Exhibit A attached hereto and incorporated herein by this reference, and subject to the terms and conditions of this License. 2. Term. This License shall take effect on August 1, 1999 and shall remain in effect for a period of twelve (12) months through July 31, 2000, unless earlier revoked by City pursuant to Paragraph 3 herein or voluntarily relinquished or abandoned by the Licensee. The parties may prior to its expiration mutually agree to extend this License for an additional period of time. 3. Termination. This revocable License may be revoked by City at any time, with or without cause, in City's sole discretion, upon giving Licensee thirty (30) days' advance notice of revocation. 4. Fee. Licensee shall pay to City in consideration of the use of its property for the above-described purposes a commission of 35% of the price charged for each unit of beverage sold from the licensed vending machines. The commission shall be paid quarterly, in arrears, in accordance with the following schedule: City of Diamond Bar Page 1 Agreement - Commercial Outdoor Vending Machine License PAYMENT DUE FOR July 15 April, May and June October 15 July, August and September January 15 October, November and December April 15 January, February and March 5. Beverage selection and pricing. Licensee shall vend the following products from its vending machines: carbonated beverages (20 oz. bottle), PowerAde Beverages (20 oz. bottle), Fruitopia Beverages (20 oz. bottle) and Naya Water (16.9 oz. bottle). Beverage pricing shall not exceed One Dollar ($1.00) per bottle during twelve month term of this License. 6. Installation and maintenance of vending machines. Licensee shall at its own cost and expense install its vending machines at the approved locations identified in Exhibit A and maintain them in an attractive, clean and operable condition. Licensee shall be responsible for providing its machines with routine maintenance, service, cleaning and collections so as to avoid creation of a nuisance. Licensee shall repair malfunctioning or inoperative machines, remove graffiti, and repair any damage to machines within twenty- four hours of receipt of notice of same from the City; provided, however, that Licensee may respond on Monday to any such notice received after 12:00 Noon on the preceding Friday. 7. Lockdown of machines during events. Licensee agrees to lock down its vending machines so that they are unavailable for use: i) during the school day in Paul C. Grow Park; ii) when concession stands are operating during sporting events in Peterson and Pantera Parks; iii) during the City's annual birthday celebration and concerts -in -the park; and iv) during community events designated by City in writing at least ten (10) days in advance of the event. 8. Assignment. This License shall not be assigned or transferred without the written consent of City. Any such purported assignment or transfer shall be void and of no effect. In the event that the' Licensee sells, transfers, leases or otherwise conveys a controlling interest in the above-described business as an ongoing concern, the Licensee shall provide any such purchaser, lessee or transferee with a copy of this instrument and with notice that it is, not assignable without written consent of City. 9. Indemnification. Licensee shall indemnify and hold harmless City, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from Licensee's activities on City property pursuant to this License, including but not limited to Licensee's negligent or wrongful acts, errors or omissions in the installation, continued maintenance and use of the vending machines in their location. Licensee shall promptly pay the amount of any judgment rendered against City of Diamond Bar Page 2 Agreement - Commercial Outdoor Vending Machine License City, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by City in the defense of such claims. 10. City's right of entry. Licensee acknowledges the City's absolute right to enter upon the area in which the vending machines are located for purposes of inspection, replacement, repair, or maintenance of public facilities above, on or under the area. 11. Damage to vending machines and property. Licensee assumes responsibility for all damage to its vending machines caused by third parties and to City's property caused by Licensee's placement and maintenance of the vending machines, and shall reimburse City for correction of any such damage. City shall have no responsibility or liability for damage to Licensee's vending machines caused by third parties. 12. Restoration of premises. Within thirty (30) days of expiration of this License, whether upon its expiration or earlier termination, Licensee shall at its expense remove its vending machines and restore the property to its condition prior to placement of the machines. In the event Licensee fails to do so, City shall have the option of removing the machines at Licensee's expense and Licensee waives all claims for damage to the machines resulting from such removal. Any cost incurred by City in so doing shall constitute a debt of the Licensee to the City, and recoverable by City in any manner provided by law. 13. Possessory interest. Licensee acknowledges that this permit may create a taxable possessory interest subject to property taxation, and that Licensee shall be solely responsible for.satisfaction of any property taxes levied on the property. 14. Compliance with codes. Licensee shall perform all work in full compliance with all applicable codes, ordinances and laws, and obtain all necessary permits. 15. Promotional support. Licensee shall provide to City: i) one PowerAde Parks and Recreation Athletic Kit (with a retail value of $500) for every PowerAde vending machine placed pursuant to this License; and ii) a one-time donation of 25 free cases of 12 oz. Coca Cola products. 16. Records and audit. Licensee shall maintain accounts and records adequate to identify and account for all beverage product sales made pursuant to this License for a period of three (3) years after the expiration of this License. All such records shall be -made available to City for inspection or audit at any time upon reasonable notice and during regular business hours. 17. Responsible parties and notice. Unless otherwise designated in writing, the City's Community Services Director shall serve as City's representative for City of Diamond Bar Page 3 Agreement - Commercial Outdoor Vending Machine License administration of this License. All activities performed by Licensee shall be coordinated with him, and all notices shall be delivered or directed to him at: City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91763 ATTN: Community Services Director Unless otherwise designated in writing, Kimberly Curtis shall serve as Licensee's representative on all matters pertaining to this License, and any/all agreements made by her shall be binding on Licensee. All notices to Licensee shall be delivered or directed to: Coca Cola Bottling Company of Los Angeles 13255 E. Amar Road City of Industry, CA 91746 ATTN: Kimberly Curtis 18. Entire Agreement; Modification. This License supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties. Each party to this License acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by or relied upon by any party which are not embodied herein. Any modification to this License shall be effective only if in writing and signed by both parties. City of Diamond Bar Page 4 Agreement - Commercial Outdoor Vending Machine License IN WITNESS WHEREOF, the parties have executed this Commercial Outdoor Vending Machine License Agreement on the date first written above. COCA COLA BOTTLING COMPANY OF LOS ANGELES By: Kimberly Curtis, Branch Manager CITY OF DIAMOND BAR By: �/� f � �¢"" � Mayor Wen Chang ATTEST: CIT CLERK Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ) SS COUNTY OFLO NGELES } r1 n before me, the undersigned, a Notary Public in and for saidtate, personally appe red i� Oai IS , known to me to be the person _ whose name _ was/were subscribed to the within instrument and acknowledged that executed the same. Witness hand an fficial seal. Sig ture/_'-� City of Diamond Bar Page 5 Agreement - Commercial Outdoor Vending Machine License Agenda # Meeting Date . PO a"� a� - 6.6 October 20. 2009 -t73 Q ��f� CITY COUNCIL r£9Er AGENDA REPORT 98 r TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manae TITLE: NOTICE OF COMPLETION FOR UNSET CROSSING AND PROSPECTORS ROAD TRAFFIC CALMING PROJECT RECOMMENDATION: Approve and file a Notice of Completion. FINANCIAL IMPACT: There is no financial impact. BACKGROUND: The City Council awarded a construction contract to All American Asphalt, Inc. on February 3, 2009, in an amount not to exceed $344,000.00 with a contingency amount of $30,000.00, for a total authorization amount of $374,000.00. The City authorized the Notice to Proceed for the Project on March 16, 2009. DISCUSSION: All American Asphalt, Inc. has completed all work required as part of this project in accordance with the plans and specifications approved by the City. Although the construction was substantially complete in July 2009, the project duration included a 60 day landscape maintenance and plant establishment period which was completed in Mid - September 2009. The final construction cost of the project is $406,130.63, and the project is ready to be accepted by the City. The final construction cost was higher than the original contract cost due to the need for quantity increases and improvements to the roadway surface drainage that were unforeseen at the time of design. PREPARED BY: Rick Yee, Senior Civil Engineer Date Prepared: October 13, 2009 EWED 4- r avid G. Li , Director of Public Works ��t' Attachment: Notice of Completion ,RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 E. COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21825 Copley Drive Diamond Bar, CA 91765 4. The nature of the interest or estate of the owner is; "In fee" (If other than fee, strike "In fee" and insert, for example, "purchaser under contract of purchase," or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on September 16, 2009. The work done was: Construction of landscaped medians, curb extensions, and speed cushions to address traffic concerns on Sunset Crossing Road (located west of the State Route 57 Freeway) and Prospectors Road 7. The name of the contractor, if any, for such work of improvement was All American Asphalt February 23, 2009 (If no contractor for work of improvement as a whole, insert "none') (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows: Grand Avenue from Rolling Knoll Road to the Easterly City Limit 9. The street address of said property is Dated: Venfcation for Individual Owner (If no street address has been officially assigned, insert "none") CITY OF DIAMOND BAR Signature of owner or corporate officer of owner named in paragraph 2 or his anent VERIFICATION I, the undersigned, say: I ant the Director of Public Works the declarant ofthe foregoing ("resident of', "Manager of "A partner of," "Owner o1;" etc) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on — , 20 _, at Diamond Bar California. (Date of signature) (City where signed) 3 CITY COUNCIL Agenda 9 6. 7 (a) Meeting Date :October 20, 2009 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man r TITLE: APPROVE CONTRACT AM NDMENTS FOR ON-CALL TRAFFIC ENGINEERING SERVICES WITH (a.) WARREN C. SIECKE, (b.) SASAKI TRANSPORTATION SERVICES, (c.) KOA CORPORATION, AND (d.) ADVANTEC CONSULTING ENGINEERS FOR A PERIOD OF TWO (2) YEARS RECOMMENDATION: Approve. FINANCIAL IMPACT: For development related projects, funding will be provided through developer fees and deposits paid by the applicant prior to the plan/report review stage. For specific traffic and transportation engineering services needed by the Public Works Department, the 2009/2010 Fiscal Year budget includes $65,000 for these services. BACKGROUND/DISCUSSION: To supplement the City's professional capabilities, traffic and transportation engineering services have been utilized by the City on an as -needed basis. The current consultant service agreements are set to expire on October 23, 2009. In August 2006, the City issued a Request for Proposals (RFP) inviting consultants to submit proposals for traffic and transportation engineering services on an as -needed basis. Based on the consultant selection process, Warren C. Siecke, Sasaki Transportation Services, KOA Corporation, and Advantec Consulting Engineers were selected for a three (3) year contract to provide on-call traffic and transportation engineering services. It should be noted that KOA Corporation was formerly known as Katz, Okitsu & Associates. Due to the specialized niches within the traffic and transportation engineering field, it is beneficial to retain multiple firms because collectively these firms are able to provide the full range of desired services. Each of the consultants has worked successfully to deliver projects on time and staff is pleased with overall performance of these consultants. Each consultant has submitted a letter of intent which indicates their commitment to meet all of the terms and conditions of the original agreement and expresses their desire to continue providing services to the city for the two (2) year extension period. The scope of services to be provided include: geometric and traffic signal design, review of various environmental and traffic impact studies, conducting studies and preparing reports, preparing data for the congestion management program, preparing traffic signal operation and coordination studies, and other related services as requested by the City which pertain to development and capital projects. PREPARED BY: Rick Yee, Senior Civil Engineer Date Prepared: September 24, 2009 EW BY �a r� TDv G. Liu Dir ctor of Public Works Attachments: Amendments P AMENDMENT NO. 1 ON-CALL CONSULTING SERVICES AGREEMENT This Amendment No. 1 to the On -Call Consulting Services Agreement is made and entered into this 20th day of October 2009, between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Warren C. Siecke (hereinafter referred to as "CONSULTANT'). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide professional engineering services, which the Agreement was dated October 23, 2006. (ii.) The CONSULTANT submitted a proposal dated September 15, 2006, to provide professional engineering services. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 2. Term of Agreement is hereby amended to read as follows: "2. Term of Agreement. The Contract is effective as of the date of this amendment and will remain in effect through October 31, 2011, unless earlier terminated pursuant to the provisions herein" follows: Section 2: Section 3. Compensation is hereby amended to read as "3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth or as referenced in Exhibit A." Section 3: Each party to this Amendment No. 1 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. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: By: City Attorney ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk Ron Everett, Mayor DATE: EXHIBIT A 14ahima.'sieeke TRANSPORTATION AND TRAFFIC ENGINEERING September 22, 2009 Mr. Rick Yee, P.E. Department of Public Works City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 91765-4177 SUBJECT: ©n -Call Traffic Engineering Service Contract Extension Dear Rick: Thank you for the opportunity to extend our current contract for on-call traffic engineering services. I understand the extension will be for two years. Please accept this as my commitment to continue providing services under the terms of the original contract. We are prepared to provide services as needed in response to your task orders. Enclosed is our proposed fee schedule to be used during the extension period. We look forward to our continued working relationship with the City of Diamond Bar. If you need more information, please call me. Sincerely, Warren C. Siecke, P. E. dbar\agree ext OS 20142 CANYON DR., 4 CA92886-6058 714/970-6247 Y/ i TRANSPORTATION AND TRAFFIC ENGINEERING FEE SCHEDULE (Effective October 22, 2009) ITEM Category 1 RATE Category 2* Traffic Engineer $99.00/hour $132.00/hour Assistant Engineer $82.00/hour $107.00/hour Draftsperson $62.00/hour $83.00/hour Senior Technician $62.00/hour $83.00/hour Technician $37,00/hour $51.00/hour Clerical $36.00/hour $51.00/hour Expenses (outside services, survey, travel, printing, etc.) Cost plus fifteen percent Category 1 rates shall apply to routine traffic engineering services. Category 2 rates shall apply to services for design, preparation of plans and specifications for construction projects, construction management and inspection. Preparation for and attendance at interrogatories, depositions and other legal proceedings shall include waiting time and travel time and shall be paid for at 1.5 times the rates in the Category 2 schedule. 41111COMMA MO. 0 AMENDMENT NO. 1 ON-CALL CONSULTING SERVICES AGREEMENT This Amendment No. 1 to the On -Call Consulting Services Agreement is made and entered into this 20th day of October 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 professional engineering services, which the Agreement was dated October 23, 2006. (ii.) The CONSULTANT submitted a proposal dated September 15, 2006, to provide professional engineering services. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 2. Term of Agreement is hereby amended to read as follows: "2. Term of Agreement. The Contract is effective as of the date of this amendment and will remain in effect through October 31, 2011, unless earlier terminated pursuant to the provisions herein" Section 2: Section 3. Compensation is hereby amended to read as follows: "3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth or as referenced in Exhibit A." Section 3: Each party to this Amendment No. 1 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. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: By: City Attorney ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk Ron Everett, Mayor DATE: EXHIBIT A SASAKI TRANSPORTATION SERVICES, INC. September 14, 2009 Mr. David G. Liu Director of Public Works City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 SUBJECT: Extension of Professional Traffic Engineering Services Agreement Dear Mr. Liu: This letter has been prepared in response to the September 4, 2009 e-mail request, related to an extension of our on-call professional Traffic Engineering services agreement. We have enjoyed providing professional Traffic Engineering services to the City of Diamond Bar, and are very pleased the City is considering a contract extension with our firm. We look forward to continuing our working relationship. We understand the current contract is set to expire on October 21, 2009, but allows for an extension of the agreement for up to two (2) years. We are able to comply with the requirements requested in the e-mail, as described below: - Our firm is committed to providing continuing service, if an extension is granted, under the terms of the original contract and RFP, - Our staff is available to the same or greater extent, to provide the required services, and we will maintain this availability throughout the contract extension. - Please seethe attached fee schedule. The STS hourly fees are identified in the attached Rate Schedule, however; the fee for work completed by Steve Sasaki (our firm principal) will be at a reduced rate of $150 per hour (lower than the standard rate of $190 per hour). We are a one-person firm, so most of the work identified in this proposal will be conducted by Mr. Sasaki, with only occasional assistance from sub -contractors, for specific tasks requested by you and/or your representative. 11.0. 13OX 5159 LAGLJNA 13EACH, CA € 2652 (640) 376-1175 We appreciate the opportunity to be of continuing service to you and the City of Diamond Bar. Respectfully submitted, SASAKI TRANSPORTATION SERVICES, INC. /�� /d /,L or -k Steven S. Sasaki, P.E., PTOE Principal SASAKI TRANSPORTATION SERVICES, INC. DBar Contract, Extend09.doc Contract Extension SASAKI TRANSPORTATION SERVICES, INC. STANDARD RAZE' SCHEDULE 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 GENERAL HOURLY RATES $190.00 $150.00 $120.00 $ 95.00 $ $0.00 $ 60.00 $ 60.00 1) The designated hourly rates are applicable to travel time for personnel. Direct costs will be billed at 110 percent and automobile mileage will be billed at a rate of $0.45 per mile. 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, service charge added. We may halt work on projects when invoices are not fully paid and/or overdue, at our option, unless mutual agreement is achieved. 3) Compensation for services performedqqt be contingent upon the necessity of the client to receive payment from other parties. P.O. BOX 5150 LAG T;NA BEACII, CA 92652 (949) BT6-661.7 AMENDMENT NO. 1 ON-CALL CONSULTING SERVICES AGREEMENT This Amendment No. 1 to the On -Call Consulting Services Agreement is made and entered into this 20th day of October 2009, between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and KOA Corporation (hereinafter referred to as "CONSULTANT"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide professional engineering services, which the Agreement was dated October 23, 2006. (ii.) The CONSULTANT submitted a proposal dated September 15, 2006, to provide professional engineering services. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 2. Term of Agreement is hereby amended to read as follows: "2. Term of Agreement. The Contract is effective as of the date of this amendment and will remain in effect through October 31, 2011, unless earlier terminated pursuant to the provisions herein" follows: Section 2: Section 3. Compensation is hereby amended to read as "3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth or as referenced in Exhibit A." Section 3: Each party to this Amendment No. 1 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. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: By: City Attorney ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk Ron Everett, Mayor DATE: FPKOA CORPORATION PLANNING & ENGINEERING September 21, 2009 Mr. Rick Yee, PE Senior Civil Engineer City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 EKRIBIT A It 20 West La Vela Avenue, Suite 660 Orange, CA 92868 t: 714.573.0317 F: 714.573.9534 www.koacorporation.com Subject: LETTER OF INTENT to Renew the Contract for On -Call Services for the City of Diamond Bar Dear Mr. Yee: KOA Corporation (KOA) is pleased to submit this Letter of Intent to Renew the Contract for On -Cali Services in your City and a current fee schedule for the services contract. KOA understands that the renewed contract does allow for an extension of the agreement for up to a two (2) year period, We wish to make the following statements: ■ KOA Corporation is committed to continue providing services under the terms of the original contract and RFP (dated August 15, 2006) ■ KOA Corporation is available to provide the following services: o Traffic Impacts Studies, Parking Studies, Neighborhood Traffic Calming Studies, Pedestrian Safety Studies, and Bikeway Feasibility Studies o Traffic Engineering Design (PS&E) and Traffic Operations Projects o KOA recently acquired CBM Consulting, a multi -disciplined engineering consulting firm, and now provides expanded services in Civil Engineering Design, Project Management, Construction Management and Observation, Staff Assistance, Grant Application Processing and Nation Pollutant Discharge Elimination System (NPDES) Program Implementation My contact information as the Primary Contact for this contract is: Mzhou 0) koacorpo ratio n.com. l have also listed other senior personnel of the Orange office if I am unavailable, as follows: ■ Julia Wu, P.E., PTOE, Senior Transportation Engineer Jwu(a�koacorporatio n.com ■ Jim Sommers, Senior Designer Isommers koacorpo ration. corn ■ Rock Miller, P.E. PTOE, Vice President / Firm Principal Rmiller(@l<oacorporation.com The contact information for the personnel listed is 1 120 West La Veta Avenue, Suite 660, Orange, California 92868, Telephone: (714) 573-0317, Facsimile: (714) 573-9534. 1 have full access to all of the LOS ANGELES OAKLAND ONTARIO OCHANCE COUNTY SAM DIEC-© SOUTH 13AY KOA CORPORATION PLANNING & ENGINEERING 1120 We=t La Veta Avenue, Suite 660 Orange. CA 92868 r: 714.573.0317 f: 714.573.9534 www.koacorporat:on.com staff resources of this office, as well as the ability to obtain additional resources from other company offices, if necessary to meet special needs or tight deadlines. If you have any questions or comments, please contact me at (714) 573-0317; 1 am authorized to bind the firm to any contracts and agreements. Sincerely, Min Zhou, P.E. Vice President G:\2009\Quals\DB_OnCall-Renewal Ltr.MA93136.doc LCIS ANGELES OAKLAND ONTARIO ORANGE COUNTY SANDIEGO SOUTH BAY FFKOA CORPORATION PLANNING & ENGINEERING Billing Rates Summary Genera! Provisions 1 120 West La Veta Avenue, Suite 660 Orange, CA 92868 714.573.0317 f: 714.573.9534 www. koa corporation.com Expert Witness $400/hour CEO I President $260/hour Firm Principal / Vice President $235/hour Senior Transportation Engineer $195/hour Senior Designer $185/hour Senior Planner $170/hour Accounting Management $140/hour Associate Engineer / Planner $125/hour Associate Designer / Project Designer $1 15/hour Assistant Transportation Engineer / Planner $100/hour Assistant Designer $90/hour CAD Technician $80/hour Administrative Assistant / Planning Aide $70/hour Messenger / Intern $55/hour Telephone, equipment, and fax are normally included in above hourly costs. Direct expenses including blacklining, commercial CAD plotting, subconsultant expense, issuance of specially endorsed insurance certificate, and direct costs, are billed at cost plus 5% unless stated otherwise in the proposal. Printing is approximately $75/black & white copy (bound study) or $125/Color copy (bound study). Mileage is charged at the federally allowed rate. Public meetings and public hearings are normally excluded from any proposal, but will be billed as extra work at the rates above. There is a four-hour minimum for nighttime public hearings. Expert witness testimony in court or at depositions shall include travel time and wait time from departure to return from the KOA employee's home offices. Annual Adjustments Annual adjustments in these fees of approximately 5% will be requested for each 12 -month period following authorization. If the governing Agency prefers a constant hourly cost for a multi-year contract, a 10% increase from the fees indicated above will be requested. Invoicing Invoices would be submitted monthly based upon project progress (percentage). Accounts are past due after 30 days. A finance charge of 1.5% per month, after invoice date, may be assessed on accounts more than 60 days past due. LOS ANGELES OAKLAND ONTARIO ORANGE COUNTY SAN DIEGO SOUTH BAY AMENDMENT NO. 1 ON-CALL CONSULTING SERVICES AGREEMENT This Amendment No. 1 to the On -Call Consulting Services Agreement is made and entered into this 20th day of October 2009, between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Advantec Consulting Engineers (hereinafter referred to as "CONSULTANT'). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide professional engineering services, which the Agreement was dated October 23, 2006. (ii.) The CONSULTANT submitted a proposal dated September 15, 2006, to provide professional engineering services. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 2. Term of Agreement is hereby amended to read as follows: "2. Term of Agreement. The Contract is effective as of the date of this amendment and will remain in effect through October 31, 2011, unless earlier terminated pursuant to the provisions herein" follows: Section 2: Section 3. Compensation is hereby amended to read as "3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth or as referenced in Exhibit A." Section 3: Each party to this Amendment No. 1 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. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: By: City Attorney ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk Ron Everett, Mayor DATE: µ ADVANTEC Consulting Engineets September 18, 2009 Mr. David Liu, P.E. Director of Public Works City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 SUBJECT: Request for Contract Extension for Traffic Engineering Services Dear David: EXHIBIT A 7 ADVANTEC Consulting Engineers, Inc. (ADVANTEC) has been pleased to provide traffic engineering services to the City of Diamond Bar for the past several years. Based on the terms on the Consulting Services Agreement dated October 23, 2006, our current contract with the City is due to expire on October 21, 2009, with an option of a two-year extension, to be approved by the City. We, therefore, respectfully request the City of Diamond Bar to approve an extension to our agreement for another two (2) year period, until October 21, 2011. Enclosed please find a copy of our fee schedule, to be effective on the first day of the contract extension. The rates will be maintained for a minimum of one year from the contract extension date, and may be adjusted annually thereafter in accordance with the Consumer Price Index (CPI). As always, we are committed to continue providing exemplary traffic engineering services to the City of Diamond Bar. Our headquarters in Diamond Bar currently employs 10 full-time staff. Therefore, we have ample resources to assist the city in many different types of engineering projects. I will remain to be the main point of contact for the City. It has been a pleasure working with you and your staff, and providing our services to the City of Diamond Bar. I look forward to continuing this mutually rewarding relationship with the City. If you have any questions, please do not hesitate to contact me. Sincerely, ADVANTEC Consulting Engineers, Inc ,t&, Bernard K. Li, P.E., P.T.O.E. Vice President 21700 Copley Drive • Suite 350 • Diamond Bar *CA 91765 Tel: (909) 860-6222 • Fax: (909) 860-6722 • www.advantec-usa.com ADVANTEC Consulting Engineers IN FEE SCHEDULE Effective October 2009- October 2010 The following hourly rates are applicable as of October 2009, and these rates are to be maintained for a minimum of one year from the date of contract award. They may be adjusted annually thereafter in accordance with the Consumer Price Index (CPI). Labor Costs Classification Project Director Project Manager Lead Engineer / Planner Senior Engineer / Planner Engineer / Planner Assistant Engineer/ Planner CADD Operator / Technician Administrative Manager Administrative Support Direct Costs Travel Mileage In House Plotting (Mylar) In House Plotting (Bond) Other Direct Costs Rate $260 / hour $220 / hour $190 / hour $160 / hour $120 / hour $ 95 / hour $ 80 /hour $100 / hour $ 70 /hour per IRS rate $20.00 per D -size sheet $10.00 per D -size sheet At Cost + 10% admin 21700 Copley Drive • Suite 350 4, Diamond Bar *CA 91765 Tel: (909) 860-6222 • Fax: (909) 860-6722 • www.advantec-usa.com Agenda # 6.7 (b) Meeting Date: October 20, 2009 CITY COUNCILAGENDA REPORT �� tjcnitroxaT�� r. TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man e _e TITLE: AWARD ON-CALL TRAFFIC A D TRANSPORTATION ENGINEERING SERVICES CONTRACT TO MINAGAR & ASSOCIATES, INC. FOR A PERIOD OF TWO (2) YEARS RECOMMENDATION: Approve. FINANCIAL IMPACT: For development related projects, funding will be provided through developer fees and deposits paid by the applicant prior to the plan/report review stage. For specific traffic and transportation engineering services needed by the Public Works Department, the 2009/2010 Fiscal Year budget includes $65,000 for these services. BACKGROUND/DISCUSSION: To supplement the City's professional capabilities, multiple traffic and transportation engineering consultants have been utilized by the City on an as -needed basis. The current traffic and transportation engineering consultants have been recommended for retainment. However, in order to expand the traffic engineering resources available to the City, it will be beneficial to enter into a contract with Minagar & Associates, Inc. The firm has expertise in traffic signal operations, traffic management systems, and transportation planning studies. With the anticipation of progress on Industry's stadium development, it is critical to have this type of specialized experience available to staff. In August 2009, the City issued a Request for Proposals (RFP) inviting consultants to submit proposals for traffic and transportation engineering services on an as -needed basis. Proposals were received from Fehr & Peers, Minagar & Associates, Inc., and VA Consulting. Based on the consultant selection process, Minagar & Associates, Inc. was selected for a two (2) year contract to provide on-call traffic and transportation engineering services. Minagar & Associates, Inc. has worked successfully to deliver projects on time to other public agencies. References have been checked and positive feedback has been received from Los Angeles County Metropolitan Transportation Authority, City of Calabasas, City of Colton and City of Modesto. Minagar & Associates, Inc. has committed to meet all of the terms and conditions on the contract agreement and expresses its desire to provide services to the City for the next two (2) years. The scope of services to be provided may include: geometric and traffic signal design, review of various environmental and traffic impact studies, conducting studies and preparing reports, providing support for City's traffic management system and transportation system planning, preparing data for the congestion management program, preparing traffic signal operation and coordination studies, and other related services as requested by the City which pertain to development and capital projects. PREPARED BY: Christian Malpica, Associate Engineer Date Prepared: October 13, 2009 r� 7BY. 1diu, 11 ector of Public Works Attachments: Contract Agreement 2 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of October 20, 2009 by and between the City of Diamond Bar, a municipal corporation ("City") and Minagar & Associates, Inc. ("Consultant'). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Proposal, dated September 17, 2009. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect October 20, 2009, and remain in effect unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A" with a not to exceed amount of $. Payment will be made only after submission of proper invoices in the form specified by City. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. Com: James DeStefano, City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Consultant: Minagar & Assoicates, Inc. 18662 MacArthur Blvd., Suite 435 Airport Business Center Irvine, CA 92612 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following_ employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By. Tommye Cribbins, City Clerk Ron Everett, Mayor Approved as to form In City Attorney "CONSULTANT" By: Its: ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s), permit(s), Iicense(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. J-7 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Owners/Landlords/Tenants ❑ Manufacturers/Contractors ❑ Products/Completed Operations ❑ Broad Form Property Damage ❑ Extended Bodily Injury ❑ Broad Form Comprehensive ❑ General Liability Endorsement ❑ Explosion Hazard ❑ Collapse Hazard ❑ Underground Property Damage ❑ Pollution Liability ❑ Liquor Liability Ll 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on forms a part of Policy Number at 12:01 A.M. and i, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.: ( ) 01 IR Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s), permit(s), license(s), andlor activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. J-10 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH LIMITS OF THIS ENDORSEMENT ATTACHES J-11 POLICY PERIOD FROM/TO LIABILITY ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Any Automobiles ❑ All Owned Automobiles ❑ Non -owned Automobiles ❑ Hired Automobiles ❑ Scheduled Automobiles ❑ Garage Coverage ❑ Truckers Coverage ❑ Motor Carrier Act ❑ Bus Regulatory Reform Act ❑ Public Livery Coverage 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.: ( ) 20 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) J-1 2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured ("Named Insured"): Name and address of Insurance Company ("Company"): General description of agreement(s), permit(s), license(s), andlor activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. J-13 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY ❑ Following Form ❑ Umbrella Liability J-14 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an C occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on part of Policy Number at 12:01 A.M. and forms a I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.:( ) 20 Signature of Authorized Representative (Original signature only, no facsimile signature or initialed signature accepted) J-1 5 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of October 20, 2009 by and between the City of Diamond Bar, a municipal corporation ("City") and Minagar & Associates, Inc. ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Proposal, dated September 17, 2009. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect October 20, 2009, and remain in effect unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A" with a not to exceed amount of $. Payment will be made only after submission of proper invoices in the form specified by City. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. Com: James DeStefano, City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Consultant: Minagar & Assoicates, Inc. 18662 MacArthur Blvd., Suite 435 Airport Business Center Irvine, CA 92612 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 3 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Tommye Cribbins, City Clerk Ron Everett, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1- The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. J-7 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Owners/Landlords/Tenants ❑ Manufacturers/Contractors ❑ Products/Completed Operations ❑ Broad Form Property Damage ❑ Extended Bodily Injury ❑ Broad Form Comprehensive ❑ General Liability Endorsement ❑ Explosion Hazard ❑ Collapse Hazard ❑ Underground Property Damage 0 Pollution Liability ❑ Liquor Liability 100 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable 0 per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on forms a part of Policy Number at 12:01 A.M. and I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.: ( ) 9 19 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. J-10 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH LIMITS OF THIS ENDORSEMENT ATTACHES J-11 POLICY PERIOD FROM/TO LIABILITY ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Any Automobiles ❑ All Owned Automobiles ❑ Non -owned Automobiles ❑ Hired Automobiles ❑ Scheduled Automobiles ❑ Garage Coverage ❑ Truckers Coverage ❑ Motor Carrier Act ❑ Bus Regulatory Reform Act ❑ Public Livery Coverage 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed '20 Phone No.: ( ) Signature of Authorized Representative (Original signature only, no facsimile signature or initialed signature accepted) 1-12 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. J-13 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 5_ The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds, 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY ❑ Following Form ❑ Umbrella Liability J-14 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on part of Policy Number at 12:01 A.M. and forms a I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Phone No.:( ) Signature of Authorized Representative (Original signature only, • no facsimile signature or initialed signature accepted) }-1 5 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY EXHIBIT "A" 4 MINAGAR & ASSOCIATES, INC. Traffic Engineering— ITS Deployment/ Engineering / Planning -Transportation Planning Consultants May 18, 2009 Mr. Christian Mapica Perez;-P.E. Associate Engineer Department of Public Works City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Re: "RFP for On-call Professional Traffic & Transportation Engineering Services" Dear Mr. Perez: On behalf of the Minagar and Associates, Inc., I would like to take this opportunity to present to you our Statement of Qualifications and technical proposal for Providing On-call Traffic & Transportation Engineering Services for the City of Diamond Bar. We recognize the importance of these services to the City of Diamond Bar and most of all to the citizens in the region who will benefit greatly from the successful implementation of these services. Minagar & Associates proposal demonstrates why Minagar & Associates is so well qualified to perform these services for the City of Diamond Bar during the Two (2) Years Term of the project: We understand the City of Diamond Bar and Los Angeles County Metro's complex traffic management needs by having been responsible for over 350 Traffic Engineering, ITS, Traffic Signal Systems, Signal Synchronization and Traffic Impact projects in 16 states from New York to Hawaii including 76 cities, 11 counties, Caltrans Districts 7, 8, 10, 11, 12 & HQ, LA County MTAIMetro, LAWA, SCAG, Ports of LA, Long Beach & San Diego in California. • Minagar & Associates, Inc. is a Local Firm with National Experience and International Exposure based in Irvine, CA. Since 1993 the firm has completed over - 102 Traffic Studies - 47 Parking Studies - 42 ITS Projects - 77 Traffic Signal, ITS, Interconnect PS&E Projects - 249 Traffic Signal Design Projects - Retimed & Synchronized 1,404 Signals (747 in Southern & 550 in Northern California and 107 in other States) - 25 Traffic Control Plans (TCP) Projects - Over 85% of the company's projects are from repeat and referral clients. 18662 MacArthur Blvd., Suite 435, Airport Business Center, Irvine, CA 92612 Tel: (949) 727-3399, Fax: (949) 727-4418, Web: www.minagarinc.com MINAGAR & ASSOCIATES, INC. Traffic Engineering — ITS Deployment / Engineering / Planning - Transportation Planning Consultants Mr. Christian Malpica Perez, PE -- City of Diamond Bar September 16, 2009 Page Two of Two • Commissioner Fred Minagar, MS, RCE, PE, FITE is the proposed Project Manager for this important project for the City of Diamond Bar. He has the following outstanding credentials: - 28 years of ITS, Traffic Engineering & Transportation Planning Experience - Administered, Managed & Engineered over 350 ITS/Traffic/Transportation Projects in 16 States & 73 California Cities - Former 4 -Term City Traffic & Transportation Commissioner (including 4 Chairmanships) -City of Laguna Niguel - Current 3 -Term Planning Commissioner (including past Chairmanship & Vice Chairmanship) — City of Laguna Niguel - ITS & Traffic Engineering Field Expert Trainer for Metro (covering 88 cities in Los Angeles County), Caltrans, FHWA & Governments of China & South Korea. Has conducted over 120 Workshops and trained over 520 public officials. - Winner of Numerous ASCE, APWA, ITS -CA, Caltrans, PTI, Metro and etc. n: As the Officer -in -Charge, I hereby accept all the terms & conditions outlined in the RFP's consulting services agreement. I also commit all the resources of our firm'for the most successful project deliveries. We do have all the necessary expertise and staff availabilities to provide the required services. Please feel free to contact me, should you need any additional information regarding our proposal. We look forward to provide customize professional services to the City of Diamond Bar. I may be contacted at (949)727-3399, Ext 2#. Thank you. Sincerely, MIN?AGAR & ASSOCIATES, INC. 11 Fred Minagar, MS, RCE, PE, FITE President/Project Manager Cc: Mr. David G. Liu Mr. Rick Yee 18662 MacArthur Blvd., Suite 435, Airport Business Center, Irvine, CA 92612 Tel: (949) 727-3399, Fax: (949) 727-4418, Web: www.minagarinc_com r�. . � o t 'fir 18662 MacArthur Blvd., Suite 435, Airport Business Center, Irvine, CA 92612 Tel: (949) 727-3399, Fax: (949) 727-4418, Web: www.minagarinc_com PROPOSAL ON-CALL PROFESSIONAL TRAFFIC a TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA PROJECT UNDERSTANDING The City of Diamond Bar is located in a particular area where three important counties converge: Los Angeles, San Bernardino and Orange. It is also bordered by three California State Route freeways: SR - 57, SR -60 and SR -71. This combination of location and traffic patterns creates a complex traffic network that includes both freeway and surface street traffic management. The City of Diamond Bar is a member of one of the L.A. County Department of Public Works' Traffic Forums -the Pomona Valley ITS (PVITS) Project. The City has already procured the Diamond Bar Traffic Management System (DBTMS) and command/data interface (CDI) to the Countywide IEN. City Familiarity ♦ TMC with TransSuite TCS ♦ System Architecture with connection to: o City LAN/DBTMS o TMC o L.A. County IEN Network ♦ 170 Controllers with LACO-4E firmware ♦ 6 CCTVS ♦ Battery Back-up System Locations: o Golden Springs Drive/Diamond Bar Boulevard o Golden Springs Drive/Brea Canyon Road o Golden Springs Drive/Ballena Drive o Diamond Bar Boulevard/Pathfinder Road o Diamond Bar Boulevard/Mountain Laurel Way o Grand Avenue/Diamond Bar Boulevard o Brea Canyon Road/Pathfinder Road o Brea Canyon Road/Diamond Bar Boulevard o Grand Avenue/Lavender Drive o Golden Springs Drive/Lemon Avenue o Golden Springs Drive/Grand Avenue o Golden Springs Drive/Lavender Drive In 2008, the City completed the construction of the fiber-optic backbone of the traffic signal interconnect project by linking traffic signals along all the arterials in conjunction with a coordinated traffic signal system. 0 MINACIAR & ASMOOWM-. M -- V6 Y036 dT Ex"eeRence PROPOSAL 3 140, ON-CALL PROFESSIONAL TRAFFIC tt TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA ♦ On-going City's participation in the L.A. County Pomona Valley ITS ♦ The General Plan was updated in 2008 and approved by the Planning Commission in 2009 The City, in the residential neighborhoods uses the Neighborhood Traffic Management program (NTMP) by establishing a procedure to implement traffic calming devices in neighborhoods that experience speeding and cut -through traffic. Establishment of residential parking districts through a permit system around the Diamond Bar High School e HOV lane construction on the SR -60 Freeway from the 1-605 Interchange to the SR -57 since Spring 2007 City of Industry's Grand Avenue Bridge Widening/Interchange project comprised of two (2) phases: Phase I, adding the new WB on-ramp is in progress, and Phase II to be determined at a later time. Completion of SR -57/60 Feasibility Study is completion. ♦ Diamond Bar TMS/Traffic Signal Interconnect Links --Phase II WORK PLAN Minagar & Associates, Inc. (Team) proposes carry out on-call professional engineering services as required by the City, including but not limited to the following traffic and transportation engineering elements: INTELLIGENT TRANSPORTATION SYSTEMS (ITS) s TRAFFIC ENGINEERING TRANSPORTATION PLANNING s ELECTRICAL ENGINEERING + TRAFFIC CONTROL PLANS PROJECT ADMINISTRATION / CONSTRUCTION ENGINEERING MANAGEME�ft !{E E MINAGAR M ASSOCIATES. INC. 18YBsrs W ExceAence PROPOSAL 4 N'+` III ON-CALL PROFESSIONAL TRAFFIC a TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA INTELLIGENT TRANSPORTATION SYSTEMS (ITS) The Minagar & Associates, Inc. team shall provide transportation and traffic engineering services related to Intelligent Transportation System (ITS) projects, ranging from conceptual planning and technology/equipment assessments to developing Plans, Specifications & Estimates (PS&E) for "turn key" deployment and successful start-up operations of the project(s). - Level of Responsibilities: Plans, Specifications & Estimates: Developing PS&Es to provide system -to -system and field device linkage that will allow for the deployment of transportation and information exchange functions. Transportation and traffic engineering support services for ITS studies, System designs, Deployments, Operations, Maintenance and Support functions Preparing Concept of Operations Conducting technology assessments - Specific services: Traffic Signal Interconnect & CCTV Design Plans, Specifications, & Estimates (PS&E) o Traffic Signal Upgrades Equipment: Closed -Circuit Television cameras (CCN), Video detection cameras, Dynamic Message Signs (DMS), and other incidental traffic signal modifications/upgrades Fiber -Optic Communications Equipment: o Traffic Management Centers (TMC) o Splice Vaults and Pull Boxes o Communication Amplifiers o Video/Data Multiplexers, Modems, Communication Hubs, and other mainline communication software installation improvements Systems Evaluation and Configuration Reports: o Documentation of existing network, field equipment, hardware connections, and interfaces o Devising communication plans to ensure that future ITS elements will be compatible with existing systems o Re -configuring existing networks if required Assistance with ITS Construction/Bid Process o Reviewing Submittals from selected contractor(s) o Preparation of addenda and technical memos MINAGAR & ASSOCIATES, INC. ) 16Years of Ezcen.hM '` � � � M. . PROPOSAL X10 ON-CALL PROFESSIONAL TRAFFIC a TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA o Preparation and mailing of Utility Notices to all necessary under- and aboveground utility owners/companies regarding improvements, such as traffic signal modification o Preparation of Encroachment Permit Applications regarding ITS improvements Development of typical construction Traffic Control Plans (TCP) o Indicating the required traffic control in relation to the implementation of the relevant upgrades o In compliance with City of Diamond Bar's standards (e.g. California Manual on Uniform Traffic Devices/CAMUTCD, WATCH manual, etc.) o Utilization of appropriate 1:20 scale o Prepared in AutoCAD® or other required formats o Indication of all utilities and existing above -ground features o Submittal of final working plans o Preparation of As -Built Plans based on contractors' redlined drawings Traffic Signal Synchronization and Bus Improvements Data Collection & Processing Data Collection From the Agencies: o Existing timing sheets, existing coordination plans, traffic As -Built drawings, aerial photos, maps, traffic collision data/diagrams, signal timing & signal priority preferences, pedestrian timings, bicycle timings, left -turn phasing, preferred or conditional re -service, and PASSER, NETSIM, or CORSIM timing optimization software modeling preference (all 3 packages of which Minagar & Associates, Inc. has experience using for over 700 signalized intersections) Field Data Collection o NDS/Southland Car Counters to maximize the efficiency of the traffic volumes field data collection, deployment of 24 -Hour Machine Counts (Road Tubes) to extract Average Daily Traffic (ADT) data, and Turning Movement Counts (TMC) taken using JAMAR DB - 400 Intersection Counters to extract peak -hour volume (PHV) data, and multiple count technicians for intersections containing an excessive number of approaching through - lanes Data Processing o Count Data: Excel Spreadsheet and/or formats, providing City of Diamond Bar synchronization data Field Reviews JAMAR (Comma Delimited Format, .csv) with accumulated "before" and "after' signal Summary Report of Findings o Review of Existing Conditions: roadway geometries (median, lanes, curb -to -curb), striping and lane configurations o Traffic Signal Control Information: telemetry device types, manufacturers, and evaluation of present operating conditions o Inspections and Inventories of traffic signal system, controller assembly and cabinets as permitted by the controlling agency's officials MINAMAR 6. ASSOCIATES. INC. 16 Years et Excellence ; '[I 4M PROPOSAL ON-CALL PROFESSIONAL TRAFFIC ft TRANSPORTATION ENGINEERING SERVICES .,. CITY OF DIAMOND BAR, CA Review of Deficiencies o Impacting Intersection Operation, such as: distances to adjacent intersections, significant proximities to school areas, locations of existing bus stops, driveways, parking prohibitions, and/or unusual traffic generating conditions o Impacting Signal Progression, such as: excessive pedestrian/ bicyclist traffic, intersections operating over ideal or acceptable capacities, congestion due to short distances between traffic signals, irregular lane distribution of vehicles, high percentage of truck or bus traffic volumes, lane blockage due to lack of designated curb cuts/turn- outs at bus stops, excessive traffic at stop -controlled side streets intersecting the corridor, existence of interchanges, and/or parking impediments o Recommendations & Planned Improvements, including: feasible, executable and economical solutions to the identified abovementioned deficiencies, as well a study on the extent to which any planned and/or approved future existing improvements (e.g., construction, delineation modifications, etc.) are to be implemented within the boundaries of the corridor Preliminary Documentation o Planned/programmed improvements located along the subject corridor o Recommendations proposed by the Team for further enhancement of signal coordination o Existing and Proposed Intersection Elements with regard to lane configurations, signal phasing, turning movement data, and cycle lengths during all peak periods of the day. o Traffic signal phasing sequences, signal timing plans, and pedestrian timings (to be included in a separate binder). o Improvement of "Before" and "After" MOEs: Reduced Number of Signalized Stops, Savings in Fuel, Reduction in Travel Time, Reduction in Air Pollution, and other measurable items Final Discussions o Proposed improvements and cost/benefit estimates to aid in potential future determinations for improvements along the corridor, including the following: Traffic Management Strategies, Traffic Signal Infrastructure (controller equipment, vehicle detection, etc.), Intersection Capacity (e.g., signal phasing, lane geometrics, alleviation of congestion through roadway bottlenecks). "Post Project" Continued Signal Timing Support o Typical extended support: up to nine (9) months following the completed implementation of new signal timings o Assurance of adequate monitoring, fine-tuning, and optimization of the subject corridor(s) traffic signals as needed to provide for a successful re -timed, synchronized, and coordinated traffic signal system. MINAGAR & ASSOCIATES. INC. 0 years bf Ex' enbe a PROPOSAL ON-CALL PROFESSIONAL TRAFFIC It TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA Samnle Minaaar & Associates. Inc- Video Detection Camera Diaararn Sample Minagar & Associates, Inc. CCTV & FiberOptic Interconnect Design for Caltrans _J_; A' ILLI :C 0 Z SSW OREE Sample Minagar & Associates, Inc, 9v_nchro Network & MOE Comparisons I J�' x t7 - — I -A o ...�. �� a g €: I ,� , ' r�'K ©, ®map e o .el jI mm ra mm K=m� FO Sample Minagar & Associates, Inc. Signal Synchronization Network Ifill'JACAR 6, ASS001AYFS"I"o, 7 PROPOSAL 8 ON-CALL PROFESSIONAL TRAFFIC Et TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA TRAFFIC ENGINEERING The Minagar & Associates, Inc. team shall provide transportation and traffic engineering services related to traffic engineering, ranging from collecting a wide range of traffic data from the field or from existing plans and documents, to conducting complete analyses to determine traffic -related impacts and/or recommend appropriate mitigation measures for City, County, and State agencies. Specific services include, but are not limited to, the following areas: ■ DATA COLLECTION ■ Field Data Collection A) Traffic Volumes ■ Equipment: Turning Movement Counts (TMC) taken using JAMAR DB -400 Intersection Counters to extract peak -hour volume (PHV) data, deployment of 24 - Hour Machine Counts (Road Tubes) to extract Average Daily Traffic (ADT) data, and NDS/Southland Car Counters to maximize the efficiency of the collection of traffic volumes in the field. ■ Parameters: ADTs taken 24 hours on weekdays and weekends, if necessary-, PHVs taken on typical non -holiday weekdays—Tuesday, Wednesday, or Thursday—with confirmation of the preferred and appropriate 2 -hour peak range for each the morning (AM), mid-day (MD) and afternoon (PM) periods with respect to City of Diamond Bar's discretion or the involved city agency prior to taking the counts ■ Multiple count technicians to be used for intersections containing excessive approach lanes B) Vehicle classifications ■ Car vs. truck traffic percentage (%) ■ Cars and truck by type (i.e. number of axles) Sample Minaciar & Associates, Inc. JAMAR Traffic Count Sample Minagar & Associates, Inc. JAMAR Traffic Count -TCAR nVUI Lla La MINA6AR 8[ ASSOCIATG'S. INC. y x - 16 Years of ExCeflent9 ' K • Ya --Ei .. fl i W 'n 9 1 A iid d 9 i -'j�� A F_RI —If _-...� 1 -a A 3, c 7 a _—�-.--�-�-�-.-T.-a--�-.� I F1' = I I I Sample Minagar & Associates, Inc. JAMAR Traffic Count -TCAR nVUI Lla La MINA6AR 8[ ASSOCIATG'S. INC. y x - 16 Years of ExCeflent9 ' K • Ya --Ei PROPOSAL 9 ON-CALL PROFESSIONAL TRAFFIC 8t TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA C) Roadway & Intersection Geometries ■ Lane Configurations (shared, exclusive, etc.) ■ Lane Widths ■ Bike Lanes ■ Crosswalks ■ Lane Utilization (e.g., de -facto lane) ■ Left/Right-turn pocket lengths ■ Medians D) Traffic Controls ■ Traffic Signals ■ Traffic Signage (e.g., Stop, No U -Turn, No Right -turn On Red, etc.) ■ Phasing (Protected, Permissive, Protected -Permissive, Lag -lead, Lead -lag, etc.) E) Other traffic -related location characteristics ■ Observed queuing issues ■ Deficient roadways/intersections • Collection of Available Data A) Traffic Volumes ■ Typically using the most recent traffic volume counts (2 years old maximum) conducted by LADOT, if available. B) Traffic Control Data ■ Existing timing sheets, traffic as -built drawings, signal timing & signal priority preferences, pedestrian timings, bicycle timings, and left -turn phasing. C) Other traffic -related data ■ Aerial photos, maps, and traffic collision dataldiagrams. 0 —,� ° t ° ° - L ra � wmen N�l�� wx¢ �R � F eomcvnno® M,x uwcu+'+.dxc FlGll11E t-6wdY lmersecaona LeYaxt 5...-«.—+ n.c r n umrvgsrapycxmr"�T' � cymip..ws Sample Minagar & Associates, Inc. Intersection Geometries and Lane Confiaurations MINAOAR & ASSOCIATES, INC. -- _ .l lfi Ynw^. of f.>trell=ncn YXIE4R 6 4550p41FS ING PROPOSAL 10 I,x'• ON-CALL PROFESSIONAL TRAFFIC 8 TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA ® DATA PROCESSING JAMAR (Comma Delimited Format, .csv) and/or Excel spreadsheet formats A) In conjunction with using traffic count processing software such as PETRAPro, Minagar & Associates, Inc. can provide City of Diamond Bar with appropriate peak hour traffic volume data for both turning movements' counts (TMC) and average daily traffic (ADT). ■ TRAFFIC FORECASTING ■ Trip Distribution A) Developing a model to determine the projected paths of future trips. • Using L.A. County Demand Model • Manual Methods based on existing distribution of traffic, type and density of proposed land use(s), geographic distribution of potential users (employees, patrons, students, etc.) between which local and/or regional street network trips may be made, and the overall location of the project in relation to its surrounding street system. • TRIP GENERATION - Estimating the amount of vehicular trips that will be generated from the proposed action (i.e., the subject project as determined by City of Diamond Bar) or development, to and from a given site(s). ■ Using the Institute of Transportation Engineers' (ITE) Trip Generation Handbook as guidelines for determining potential ingress/egress of vehicular trips. ■ Using other methods, such as L.A. County's Traffic Guidelines ■ TRIP ASSIGNMENT - Comparing and uniting the results of trip distribution and trip generation to identify the magnitude and direction of vehicular trips to be made on a given transportation network. • TRAFFIC SCENARIOS A) Selecting particular "target years" and "conditions" which are significant to analyze with respect to important milestones in both the construction phasing of the project and future conditions of the County B) Typical Target Years ■ "Existing" year: The current year, or established "existing" year, used as a datum in determining current base conditions at the time of project initiation. M�*7 MINA -GAR & ASSOCIATRS. INO. e 16Yeari oYEzeellence - - iati.•��11! PROPOSAL 11 ti ON-CALL PROFESSIONAL TRAFFIC Ft TRANSPORTATION ENGINEERING SERVICES ,.• CITY OF DIAMOND BAR, CA ■ "Near-term" year: Year in which project is not completed; however, other related and/or nearby cumulative projects will change the conditions of the surrounding roadway, intersections, or traffic flow. ■ "Build -out" year: Year in which full construction and occupation of the project is realized ■ "Phase X" year: Year(s) in which partial construction and occupation of the overall project is realized, thus impacting traffic conditions incrementally. ■ "Horizon" or "Future" year: Year(s) which are significant to the long-term planning goals of Los Angeles County; often this year is projected as 20 years into the future. C) Typical Conditions ■ "Without Project": Condition which considers the addition of zero external projects to be added to the transportation system. For non -existing target years, this is taken as the future "base" conditions, in other words, the existing traffic increased by an annually -compounded traffic growth factor to account for standard/assumed increases in population, employment, and housing. D) Analyzed traffic scenarios are to be determined by or with the direction of City of Diamond Bar staff. ■ TRAFFIC MODELING • Goals A) Combining all the above known information about the subject transportation facility (i.e., field -data, existing known data, traffic forecasting results, etc.), to prepare a model of the existing or projected network that is analysis -ready. • Synchro Modeling A) Minagar & Associates, Inc. is a leading national authority on the application, utilization, and training of Synchro@ software, training 88 cities and all Southern California districts for the past 10 years. Major traffic engineering services include: ■ Creating effective models of a given transportation facility using Synchro 7.0 software to reflect an existing "base" scenario, then calibrate the model to replicate existing conditions using the various travel times, delay studies, field observations for queue lengths, and saturation flows for heavy movement at key 'k aim ___ Baal intersections. MINAOAR & ASSOCIATES. INC. •r 6Y M Excellence PROPOSAL 12 ON-CALL PROFESSIONAL TRAFFIC Ft TRANSPORTATION ENGINEERING SERVICES Nlw! CITY OF DIAMOND BAR, CA ■ Developing operational SimTraffic micro -models from the aforementioned Synchro base to 1) observe by traffic simulation the cumulative effects of the intended project and/or corridor . improvements upon the existing traffic network, planned improvements by _ _ lum3i � ;dr3'rgan.w C:dY1R various agencies (other City of Diamond ~�- - y , �L.,�;,,•o,;,,��?�;i, ' {�M:1'lIf1I5l6.{{'Ii'I� Bar projects, city -funded projects, etc.) and the proposed re -timing and traffic signal synchronization of the subject N SampleMinagar& corridor, and 2) allow for "fine-tuning" of timing plans, as necessary, prior to Associates, Inc Project Trip implementation. Distribution Diagram • If required by City of Diamond Bar, a comparison of queuing lengths will be conducted along the given arterial, c Sample Minagar & Associates, Inc. Cumulative Projects Trip Distribution rn ui 10 freeways ramp, driveway access, or other ori transportation facility for the existing • o z project design or versus any alternative SMORE designs. j Synchro 7 provides multiple tools in analyzing the operating conditions of various, intersection types, including queuing, delay per vehicle, average speed, and vehicles denied entry. If, based on the traffic study, queue lengths increase when compared to the existing design, a recommendation regarding signal timing would also be included in the traffic study report. Revising & Optimizing Traffic Signal Timings: To be finalized and submitted for review by City of Diamond Bar, plus recommendations for any changes to be made to the signal phasing of signalized intersection(s) along a corridor which may =,,o- 611—I A.a� _. -. t i . improve the efficiency of signal operations. Consistency would be demonstrated in the following elements: _ • Cycle Lengths and Offsets to provide maximum bandwidth through the corridor and harmonic — - - background cycles at minor or major intersections; - MINA -MAN a ASSOCIATES, INC. .M� n.. PROPOSAL ON-CALL PROFESSIONAL TRAFFIC Et TRANSPORTATION ENGINEERING SERVICES .t;■r1C CITY OF DIAMOND BAR, CA • . �'-r. _ 13 • Left -turn phasing rotations as determined appropriate (not including Protected/Permissive locations that require lag -lag or lead -lead), protected left -turn phase re -service, and related methods; • Timing Parameters to include full accommodation for pedestrian traffic within splits (as applied by individual cities/agencies to which a signal pertains), incorporation of nominal measures of pedestrian traffic to the provision of optimum vehicle splits and offset timing and accommodate pedestrians using various pedestrian timing adjustment techniques for pedestrian splits during coordination-, • Time -of -day start and stop intervals as recommended by the Minagar & Associates, Inc. team for the various timing plans; and 1 • Preparation of timing plans with adherence to the required peak periods Q for weekdays and weekends in the preferred format as indicated by the appropriate agency as well as Synchro format for universal Agency - related purposes, and to reflect proposed/planned improvements as indicated in the Field Review portion of the project. t plementation of Revised Optimized Traffic Signal Timings: upon City of Diamond Bar's and other pertinent agencies' approval, to provide all necessary ervices required to facilitate the implementation of the new signal timings enerated from the subject project, including: • Full traffic engineering implementation services, or as technical support to local agencies; • Direct implementation via controllers located in the field or through central traffic signal system/traffic management centers, if available; • Utilization of existing interconnect systems during implementation; • Development of time -based signal coordination techniques to implement between traffic signals controlled by different agencies. o Traffic responsive timing plan selection (TRPS) is an alternative, requiring compatible equipment connected to a single master. TRPS can be very useful for automatically responding to traffic diversions from freeway incidents. But TRPS is not essential and it is usually sufficient to at least start with time of day selection only. System loops are needed for TRPS, but are also useful for counting and monitoring traffic conditions even if TRPS is not used. MtNAGAR Sc ASSOCIATES, INC. � 16Yee mExcellence _ PROPOSAL 14 ON-CALL PROFESSIONAL TRAFFIC tt TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA o Improvement strategies would be identified as to which signals to include in each subsystem (street system), and where to provide additional field masters or subsystems and system loops. Where data communications can be provided at a reasonable cost and there is a need for central monitoring and control, a central computer master will be recommended for specific local agencies or connection to an existing computer master. o Evaluation of the currently used time -referencing equipment for all traffic signal controllers along the corridor (and possibly in conjunction with equipment used in local traffic management centers) will be required, followed by an overall determination as to the recommended type of time clocks (e.g., GPS clocks, WWV, etc.) to be utilized for accurately coordinated time - referencing, especially across various jurisdictions. • Potential procurement of new/updated traffic signal controller units and/or assemblies, as determined by the Minagar & Associates, Inc. team prior to implementation, and to be approved by all involved agencies. • By request, the on-site assistance for turn -on activity of new equipment. • Conduct "fine-tuning" of traffic signal timings and settings during representative times and days for which the coordination plans were developed, as well as keep diligent records of all changes carried out prior to the original implementation. ■ TRAFFIC CONGESTION MITIGATION • Goals A) Determine if a project's impacts can be eliminated or reduced to a level of insignificance by recommend mitigation measures to improve traffic operations B) The elimination and/or reduction of impacts to levels of insignificance are the standard pursuant to CEQA and the National Environmental Policy Act (NEPA); City of Diamond Bar is typically responsible for administering the CEQA review process. C) Consultation with City of Diamond Bar and Caltrans (if under state right-of-way) would also be pursued, so that reviews may be expedited and conflicts and/or MINAOAR 19, ASSOCIATES. INC. " � f6Years bffzcellence - i A—� PROPOSAL 15 E.U.4ON-CALL PROFESSIONAL TRAFFIC a TRANSPORTATION ENGINEERING SERVICES � • CITY OF DIAMOND BAR, CA misunderstandings reduced in both the local agency CEQA review process as well as any Caltrans encroachment permit process. D) Preparing Traffic Congestion Mitigation Plans to indicate the appropriate improvement or decided -upon alternatives for the given transportation facility. • Recommendation of Mitigation Measures A) Process • Minagar & Associates, Inc. will determine the degree of significant traffic impacts by the proposed project or action on the transportation system by comparing the "before" and "after" results of the aforementioned traffic analyses. ■ Should the subject project increase the demand, delay, or other effectiveness measure by an increment which exceeds acceptable impact thresholds by the governing agency (e.g., City of Diamond Bar, Caltrans, local municipality), then mitigation measures must be established. ■ Typical traffic engineering techniques for mitigation: • Locate access points to optimize visibility and reduce potential conflict. • Design parking facilities to avoid queuing into public streets during peak arrival periods. • Provide additional off-street parking. • Dedicate visibility easements to assure adequate sight distance at intersections and driveways. • Signalize or modify traffic signals at intersections. • Install left -turn phasing and/or multiple turning lanes to accommodate particularly heavy turning movements. • Widen the pavement to provide left- or right -turn lanes to lessen the interference with the traffic flow. • Widen intersection approaches to provide additional capacity. • Prohibit left turns to and from the proposed development. • Restrict on -street parking during peak hours to increase street capacity. MINAOAR & ASSOCIATES, INC. 46y"'SOfEkcellghce - C a 4axx PROPOSAL 16 ON-CALL PROFESSIONAL TRAFFIC a TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA • Mitigation Plans A) Minagar & Associates, Inc. will prepare, as needed, engineering plans, schematics, diagrams or otherwise to present the reviewer with graphical representations and/or build -ready plans for the aforementioned mitigation measures. B) Mitigation Plans may include, but are not limited to, the following: ■ Signal Modification Plans (1:20 scale) ■ Signing & Striping Plans (1:40 scale) ■ Street Lighting Plans ■ Site Plan markups ■ Parking layouts -4k Traffic Engineering Services in support of performance evaluations • "Before" Studies & Reports A) Field Study ■ Floating Car Surveys in comparison with computer-generated traffic simulation model (Synchro 7.0) and existing and field -collected traffic data to identify the Measures of Effectiveness (MOEs), including travel time, average speed, number of stops, fuel consumption reduction, and pollution reduction, using ■ "Before" Study Report, indicating 1) the various traffic patterns and operations observed along the subject corridor under existing conditions for all periods of the day and week, 2) a strategy in which to best approach the synchronization of the corridor (e.g., implementation over the full span of an arterial, a possibly reduced coordinated subsystem where good progression can be maintained, or along a series of zones or segments), and 3) determination of equipment needs, including controller and cabinet upgrades interconnect, and field masters • "After" Study & Memorandum A) Field Study ■ Using same MOEs, number of corridor "runs", peak study periods, and survey and computer modeling methods as the "Before" study. B) Technical Memorandum ■ Report of findings, incorporating comments from City of Diamond Bar and City of Diamond Bar's Project Manager, as well as other involved agencies to identify (by comparison of the MOEs) the improvements generated by the M�NgGA12 Sc YSSOGIAT ", INC. i6Yaai5 o'Ezcellence - - • Ym -'tei PROPOSAL 17 ON-CALL PROFESSIONAL TRAFFIC it TRANSPORTATION ENGINEERING SERVICES q,1'n CITY OF DIAMOND BAR, CA synchronization plan, and summarize the recommended time -referencing systems and the latest "fine-tuning" efforts. Final "Timings and Evaluation" Project Report A) Report Sections ■ Typically includes the following sections: • Executive Summary • Project Objectives • Project Locations • Project Scope • Findings • Recommendations • Implementation Schedule • Improvements Accomplished • Continuing Signal Timing Support o Maintenance o Surveillance o Evaluation of Coordinated Signal Systems • Work Performed • Data Collected • Project Achievements v Improvement of "Before" and "After" MOEs: Reduced Number of Signalized Stops, Savings in Fuel, Reduction in Travel Time, Reduction in Air Pollution, and other measurable items B) Documentation • Planned/programmed improvements located along the subject corridor ■ Recommendations proposed by the Team for further enhancement of signal coordination ■ Existing and Proposed Intersection Elements with regard to lane configurations, signal phasing, turning movement data, and cycle lengths during all peak periods of the day. ■ Traffic signal phasing sequences, signal timing plans, and pedestrian timings (to be included in a separate binder). C) Final Discussions IN Proposed improvements and cost/benefit estimates to aid in potential future determinations for improvements along the corridor, including the following: MINACAR Sc ASSOCIATES, INC. Y0AiaWExcel1ence � y kl _..6j PROPOSAL 18 tJ. ON-CALL PROFESSIONAL TRAFFIC a TRANSPORTATION ENGINEERING SERVICES - CITY OF DIAMOND BAR, CA • Traffic Management Strategies • Traffic Signal Infrastructure (controller equipment, vehicle detection, etc.) • Intersection Capacity (e.g., signal phasing, lane geometrics, alleviation of congestion through roadway bottlenecks). TRANSPORTATION ENGINEERING The Minagar & Associates, Inc. team shall provide transportation and traffic engineering services related to transportation engineering, ranging from collecting a wide range of traffic data from the field or from existing plans and documents, to conducting complete analyses to determine traffic -related impacts and/or recommend appropriate mitigation measures for City, County, and State agencies. Specific services include, but are not limited to, the following areas: IN LEVEL OF RESPONSIBILITIES • Socioeconomic and demographic analysis • Identification of mobility needs, and alternative operational & capital mobility improvements • Demand modeling • Transit planning • Station access planning • Parking management planning • Compilation of data • Statistical analysis • Comparative evaluation/project performance evaluation master planning/system connectivity evaluation • Goods movement planning • Policy formulation • Transportation demand management planning • Community outreach ANTICIPATED WORK • Arterial and Siqnal Proiects Transportation Planning elements include: • Feasibility Studies • Project Initiation Documents and Environmental Documents for small scale projects or supplemental work to complement other larger contracts • Project and Program Evaluation MINAOAR & ASSOCIATES, INC. 16 Veers of ExcaNence PROPOSAL 19 rIl!ilJ]J ON-CALL PROFESSIONAL TRAFFIC rt TRANSPORTATION ENGINEERING SERVICES '1 CITY OF DIAMOND BAR, CA • Transportation Plannina Studies • Feasibility Studies and Community Outreach ■ Assistance in preparing analysis for Short Range and Long Range Countywide Transportation Plan ■ Traffic Studies ■ Station access ■ Parking Management ■ Goods Movement and Freight Logistics Studies ■ System Connectivity Analysis ■ Project and Program Evaluation • Transportation Demand Management Planning ■ Data Compilation ■ Transportation Demand Modeling • Pedestrian Facilities & Bikeways ■ Transportation Planning elements include: • Conceptual design of new pedestrian facilities or modification of existing facilities • Environmental Documentation • Project and Program Evaluation • Master Planning • Benefit Assessment District Program ■ Updating database and applications • Long Range Transportation Plan/Short Range Implementation Plan ■ Transportation Planning elements include: • Transportation Funding Analysis • Financial Forecasting Model Development and Interpretation • Economic impact Analysis from scenario development to presentation • Alternatives Analysis for Financial Strategies • System Performance Evaluation • Programming Obligation Database ■ Automating the tracking of transportation funds MINAGAR & ASSOOIATES, ING. �''� 16 Yeata u Ezcelfence - - PROPOSAL 20 ON-CALL PROFESSIONAL TRAFFIC Et TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA • Freight/Truck Movement Modeling • Transportation Planning elements include: ■ Freight/Truck Trip Survey and Data Collection Service ■ Commodity Flow Forecasting • Freight/Truck Model Development • Parking Facilities ■ Transportation Planning elements include: • Design • Operation • Engineering • Community Outreach/Public Education & Research ■ Transportation Planning -related programs/efforts WORK ACTIVITIES The Minagar & Associates, Inc. project team will carry out the following activities as related to the anticipated contract work: DEMAND MODELING • Goals o To utilize Los Angeles County demand model in conjunction with available data regarding existing roadways conditions, transit networks, population and employment estimates to determine the aggregate impacts of a given action/project on transportation elements such roadway vehicular volumes, transit ridership, and average travel times. • EMME/2 Demand Model o Traffic forecasting and demand computer software used as an assessment tool and developed by Los Angeles Department of Transportation (LADOT). o Minagar & Associates, Inc. (M&A) is capable of providing computer modeling services to assess the potential traffic impacts related to the development of various project actions, including through the use of EMME/2, which the company has prior experience with. MINAGAR 8e ASSOCIATES- SNC. •+'� 16YOMWE-116 I. _ c r� I r ,., PROPOSAL 21 ON-CALL PROFESSIONAL TRAFFIC 8 TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA o The EMME/2 demand model would be operated by the M&A group in conjunction with the input and/or supervision of City of Diamond Bar staff. Model runs will be conducted in determining the extent of scenario- and peak period -associated changes in comparative traffic conditions, triggered by the implementation of the given project. Typical measures of effectiveness (over various periods of time as deemed appropriate by City of Diamond Bar) to evaluate may include: • The redirection of vehicular trips from one major corridor to a nearby/adjacent parallel corridor, due to the employment of a given action on the existing transportation system, such as a new development, long-term road closure, or re -designating the utilization of surface transportation elements like traffic signals or travel lanes-, or ■ The projected reduction in passenger car vehicular trips in correlation with a given action, for reasons such as improved alternative routes of travel, a re -location or anticipated vacancy of a major development(s), or a possible long-term increase in alternate forms of travel, such as transit ridership or bikeways. ■ Following the EMME/2 demand model computer runs, shall be the utilization of traffic demand/flow modeling software (such as Synchro ®) to further analyze the locations incorporated in the given project for a comparison with the results of the demand model. Sample Minagar & Associates, Inc. EMME/2 Transportation Model AM Peak Hour Auto Trips Assignment for Master Planning MINAGAR & ASSOCIATES, INC. 16Years of Excell8rte i� I - �t- r 10iif�r�ii tt�� �t . �taraEaru��a� �331fi ��'i1s,*a L Sample Minagar & Associates, Inc. EMME/2 Transportation Model AM Peak Hour Auto Trips Assignment for Master Planning MINAGAR & ASSOCIATES, INC. 16Years of Excell8rte i� I PROPOSAL 22 ON-CALL PROFESSIONAL TRAFFIC Ft TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA PERFORMANCE EVALUATION OF REGIONAL SURFACE TRANSPORTATION IMPROVEMENTS PROJECTS • Goals o To quantify and evaluate the impacts (benefits) of a completed surface improvement project on the surrounding transportation network within range of its influence. • Example Types of Performance Evaluations o Signal Analysis; data to be collected includes: ■ Turning movement counts (TMCs) ■ Geometry information • Cycle lengths ■ Signal Phasings ■ Percent Heavy Vehicles ■ Advanced analysis data: pedestrian/bicyclist volumes, right turn on red (RTOR) volumes, lane widths, bus stops per hour, parking maneuvers and percent grade • Advanced analysis factor adjustments: driver behavior, pedestrian walking speed, roadway grade%. These factors would only be superseded from their industry -accepted default values upon direction from City of Diamond Bar in order to avoid unnecessary errors (despite the fact that adjusting factors in this manner typically have an insignificant impact on the universal results) • Arterial Analysis o The street must qualify with a free flow speed of lower than 55 mph; if the arterial has a higher speed than 55 mph, a multilane highway assessment can be completed, using volumes, number of access points, and free flow speed, but it must have at least 2 lanes in each direction for it to qualify as a multilane highway. Highway Capacity Software (or "HCS" computer program, based on the 2000 Highway Capacity Manual) has an icon dedicated to single lane highways, but the software is not complete and is not available at this time. o A signal file for at least two intersections on the arterial would be created first, with lengths of each segment collected for signals planned for input, as decided by City of Diamond Bar o Choosing of an Urban street class (the majority of Los Angeles County jurisdictions would likely fall into "Urban" class) to reflect the type of flow on the street o Arterial delay assessment is based on three main items: volumes from the signal files, capacity of each lane, and control delay from the signal. • Unsignalized Intersection Analysis: MINAGAN & ASSOCIATES, INC.. 16 Years of Excellence PROPOSAL 23 ON-CALL PROFESSIONAL TRAFFIC rt TRANSPORTATION ENGINEERING SERVICES i CITY OF DIAMOND BAR, CA o In addition to the type of data collected for signalized intersections, critical gap and progression analyses can be conducted. The significance of this type of analysis would be dependent on the given task and location provided by City of Diamond Bar; in general, the results obtained by unsignalized intersection analyses are insignificant in terms of using the results to assess an arterial as a whole. • Project Performance Evaluation: o To effectively evaluate the given transportation project from a planning standpoint: 1) A full "before" assessment would be conducted to model current conditions exactly as they are for a given "existing" scenario (often includes careful consideration in determining signal phasing); 2) An assessment is conducted for the "after" conditions, which includes evaluating the appropriate Measures of Effectiveness (MOEs) based on the conditions of the transportation facility(ies) with the addition of the project. M,NAGAR Sc ASSOCIATES, INC. i B Years hf rkcellence 04ax PROPOSAL Y4 j ON-CALL PROFESSIONAL TRAFFIC Ft TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA OTHER TRANSPORTATION PLANNING SERVICES • Data Collection/Compilation of Data o From Involved Public Agencies: ■ Regional population, housing, and/or employment estimates from relevant agencies (e.g., SCAG), aerial photos, maps, traffic collision data/diagrams, signal timing & signal priority preferences (especially for buses), pedestrian and bicycle timings. o Field Data Collection ■ Peak hour volumes (traffic counts) as needed, average daily volumes (24 -Hour machine counts/road tubes) as needed, verification of existing transportation facilities' field conditions. Sample Minagar & Associates, Inc. JAMAR Traffic Count Peak Hour Data MINAGAR & ASSOCIATES, INC. rt� 16 YOars bf - lee- Y . 4,6K _...'z, nil � �� '�I a � 'I' % �� a £ 'i .•:red.,. �'i�. i;.. �I... ., a •uni ,@ � .t 7 T 6I g Y g ilk ® e i Sample Minagar & Associates, Inc. JAMAR Traffic Count Peak Hour Data MINAGAR & ASSOCIATES, INC. rt� 16 YOars bf - lee- Y . 4,6K PROPOSAL 25 ON-CALL PROFESSIONAL TRAFFIC Et TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA • Public Outreach o As a quality assurance measure for developing a universal consensus to the implementation of the given project, Minagar & Associates, Inc. shall lend all necessary support to Public Outreach Program efforts. In specific, the Minagar & Associates, Inc. team will help coordinate presentations with any combination of (but not limited to) the entities in the following list: ■ Elected Officials and staff ■ Stakeholders ■ Business Groups ■ Neighborhood Councils ■ Chambers of Commerce ■ Ad Hoc Committees ■ Educational Institutions ■ Civic Organizations ■ Transit Customers ■ Homeowners Associations (HOAs) ■ Advocacy Groups o The purpose of this contribution would be to receive the public's unique input and viewpoint as required by City of Diamond Bar staff, provide assistance to the technical issues regarding the project, and return comprehensible, constructive discussions that would facilitate the creation of solutions to community concerns. These efforts typically required in order to satisfy the requirements of both National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). o Minagar & Associates, Inc. has had extensive experience in providing technical assistance to the public in functioning as an instrument between the technical details of given projects and the broad concerns of public entities. For example, M&A recently participated in and completed a comprehensive Review of Traffic Assessments for the proposed Autry National Center Expansion in Griffith Park for the City of Los Angeles, in which a public meeting was held to discuss the Consultant's independent findings of project impacts and clearly associate the technical results to the concerns of the residents living within the proposed project's vicinity. The following high profile groups were represented through this effort: ■ City of L.A. Department of Rec. and Parks ■ Greater Griffith Park Neighborhood Council (GGPNC) ■ Hollywood United Neighborhood Council ■ Greater Cypress Park Neighborhood Council o M&A has also spearheaded high-profile political projects, such as the Automated Highway System (AHS), representing the following agencies in Cambridge/Boston, Massachusetts: ■ Federal Highway Administration (FHWA) }' MINAGAR ASSOCIATES, INC. AM N—ft %W 1& Ye2rs M Excellence r PROPOSAL 26 ON-CALL PROFESSIONAL TRAFFIC It TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA ■ Caltrans Headquarters ■ Camegie Mellon University (CMU) • General Motors (GM) ■ Chrysler Motor Company o Minagar & Associates, Inc. assumes that approximately ten (10) public meetings would require the Consultant's attendance in this effort. • Right -of -Way (ROW) Feasibility Assessments o Investigation of parcel/right-of-way acquisition in relation to the development of a given project located outside of Unincorporated Los Angeles County. o Estimating square footage, number of owned units, and market cost of potential parcel acquisition for each alternative build scenario of a given project. FHWA Amok ADMAKI. h � lflk��'il:ll Jh^Il ddd CHRYSLER ��� MtNAGAR Sc ASSOOtATES, tNO.AIL r 16 Years of E7icallenceAM- - "W:il J PROPOSAL ON-CALL PROFESSIONAL TRAFFIC a TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA Santa Monica Ar_ee�way Smart Corridor Evacuation I I , 11 L_�� 1\ r, 11 101 W.xamx k v r _J fir Ji - 4 Cufter P cfgy Slee " YP _73 s - YS hs+SmS A GAR 6 AIhi SSoCLAM 11 �ko Lao), am Sample Minagar & AS_S0_r_i_1tt_.es_Inc. , ncPerformance Evaluation: Evaluation of Signal System Within Major Adjacent Corridors S--ta Mtmica Arpewa Sm Sample Minagar & Associateso Inc. Performance Evaluation: Incident Location Map and Surveillance Equipment -------------- 27 PROPOSAL 14*1 ON-CALL PROFESSIONAL TRAFFIC £t TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA Sample Minagar & Associates, Inc. Right -of -Way Feasibility Assessment Diagram of Design Alternative Greater Griffith Park Neighborhood Counc Your Neighborhood. Your Voice. Your Council. TRANSPORTATION COMMITTEE Chair, Jacqueline herr ]i•oa artm esredmpan�aparmg on rlus conmvnee. or au•GGPVC commntt. fevon a GGP\C a GGP\C.or>z 1 Fer L•.formnton o0 C.—rec Actnnat, clack on the Inks hdmr \T9ERI11 S 30.0 ]Ilssfou Statement BLRC�L'. ofS7BEET SER\TOES 500-996-2J891Yorhole Fepa4, Wedil duo>Qioe ercJ \ATEKEND D_d.SHto the OBSERA ATORY .,a, that the manddton Ob-d—le s- ha; ended rheres a cheap and easv um h, at,p rin Weekend DASH Troller none •s -dl be -g res Eom Are l'etru S.msn R Al— smnou up 16 to rhe Obsen:+wn nxr: 35_—, from l nam to lopio Santrdacsa.ad Swtdrs The cejr '4—per ode Awn, Expnns)ou RplateA Documents NEXT MEETING AUTRY TRANSPORTATION STT_TDIES TBA Gllffirll Patk R.ingeri Station 4'30 Crystal SPlutgs Dr. AGENDA for meeting held 3/8/2008 1 CxI!to Ordtt nY:come 7arodurpon; Appy 10 N.o ab,, 1J07AImrtes Sunll:en of F o t t.d, kr.11 o) Fdtr A Pett, rn,re,e� ? imc of1W,a¢ar iran'oorarion Peer R,-, for.anrn s uficcuc and map.— m-Fred?lmagar 1 FmComrmaron Prgeetsre_ p --t— of f—, d...1,p—v hmthe oaranx fth, . certure $rpd� other prgecrs harms mean Brnudene Set¢ > nuuatcs 5 \-ooh Zao Drne.0 l -S NB 05Ramp Tmasec =J \forth i_OOS condo oo. dncn and possible :olnnen, >Luton Dodge o R'ex Heniap W.,, S N -h Zoo D-, T renechou=? Huth ^_O0S coadrttou dncoumu and pe •olur.ous Dnlnts Chen Pace Lur,ec�uo _i >Gueh:Oaeewdew, d,4 y�e„rueo _ »r,t �9oa raemvm msm�,wa. cote: <a, Anao„arre,v,• eul¢ers!Isn. Dlshtrt Dies” In Committee I' .. , Sample Minagar & Associates, Inc. Community/Public Outreach Effort for the City of Los Angeles MINAGAR & ASSOCIATES, INC. 4'76 Y83t8 OfE%C611enCB � :F – s 4T/ .•+f 29 PROPOSAL 30 �•'`''' �.• ` ON-CALL PROFESSIONAL TRAFFIC It TRANSPORTATION ENGINEERING SERVICES Crxr.. CITY OF DIAMOND BAR, CA ELECTRICAL ENGINEERING d LEVEL OF RESPONSIBILITIES • Small-scale electrical design work: o Roadways; o Bikeways; o Pedestrian facilities; o Landscape areas; and o Traffic signals. ® CITY OF DIAMOND BAR'S ANTICIPATED WORK Anticipated projects include, primarily, small-scale projects or supplemental work to support and complement the large-scale projects performed outside the scope of skillsets of this contract. Proposed work falls into the following categories: • Freeway Improvement Protects o Electrical engineering elements include: ■ Intelligent Transportation Systems (ITS) ■ Preliminary engineering studies ■ Analysis, investigation and preparation of project initiation documents • Arterial and Signal Proiects o Electrical engineering elements include: ■ Design of Traffic Signals • Conducting MUTCD Signal Warrant Analyses • Signal operations and phasing • Signal equipment • Signal head placement • Signal pole layout and design • Geometric considerations in signal design • Pedestrian considerations in signal design • Vehicle detection design • Signal wiring M�NOGYR Bc /aSSOCl/►TES, INC. yi 0 PROPOSAL 31 ON-CALL PROFESSIONAL TRAFFIC a TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA • Signal conduit and junction boxes • Street lighting • Plans, specifications and estimates (PS&E) for small-scale electrical projects or supplemental work to complement other larger contracts. • Project and Program Evaluation ■ CITY OF DIAMOND BAR'S WORK ACTIVITIES The Minagar & Associates, Inc. team provides electrical engineering, traffic engineering, Intelligent Transportation Systems (ITS), and transportation planning services, from collecting existing electrical as -built, utility, phasing, timing, and other plans/specifications, to the full design of pedestrian, street lighting and traffic signal electrical systems for City, County, and State agencies. Specific services include, but are not limited to, the following areas: ■ TRAFFIC SIGNAL DESIGN • Existing Data Collection o Existing or planned street improvement plans o Signing and striping plans o Street lighting plans o Survey data o Traffic studies/volumes o Accident(collision) data 0 24-hour machine counts from L.A. County • Field Data Collection o Location of existing poles, pull boxes, signs, pavement markings, driveways, curbs, drainage structures, and other physical features of the site. o Detailed topographic surveys • At each intersection ■ At each approach to the intersection ■ At each approach to the intersection within 800 feet of the CBR. o Survey plans and/or AutoCAD base maps, if not already provided by City of Diamond Bar or the designated agency • Review of Existing Infrastructure MINAGAn & ASSOCIATES, INC. r s + 16 Yeais of ExcelletiCB - 0 4�c PROPOSAL 32 ON-CALL PROFESSIONAL TRAFFIC Ft TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA o Signage o Striping o Lane alignments o Signal features o Driveways o Medians o Curbs and/or ramps o Pavement conditions o Horizontal and vertical alignments o Lighting and lines of sight o Current accident data o 24-hour machine counts o Conduct turning movement counts as necessary for the AM, Mid-day and PM periods to determine the appropriate design of the traffic signal. • Preliminary Analysis and Report o Capacity analysis to determine the appropriate parameters for: ■ Channelization; ■ Phasing; and ■ Turning lane lengths ■ Five-year horizon shall be used for the analysis o Minagar & Associates, Inc. team shall provide City of Diamond Bar with the following: ■ Summary of the data and analysis • Comments and recommendations regarding the conceptual design, including: • Sketches indicating signal equipment • Signal phase diagram • Pavement, signing and striping revisions • Other design elements, as necessary • Traffic Signal Design o Minagar & Associates, Inc. team shall prepare the signal design plans using AutoCAD (2000) drafting software. Final plans shall be submitted on 24"X36", 4 millimeter Mylar sheets. o Signal plans shall be prepared at a scale of 1 "= 20' and provide all information needed for bidding and construction when combined with the County's or relevant agency's standard signal specifications. Any special specifications shall be noted as part of the plans. o The plans shall be signed and sealed by a California Registered Civil engineer. IVIINAOAR & ASSOCIATES, INC. t 15 Yeare of Ei�CCH)iBlIC9' 1 1. � I., PROPOSAL 33 -�„�,�r• ON-CALL PROFESSIONAL TRAFFIC Et TRANSPORTATION ENGINEERING SERVICES .. CITY OF DIAMOND BAR, CA o The Plans shall conform to the County of Los Angeles and Caltrans' (if necessary) signal design guidelines and plan preparation manuals. o The signal plans shall consider both current conditions and the planned ultimate configuration and operation of the intersection. • Signing & Striping Plans o The Minagar & Associates, Inc. team shall prepare signing and striping plans as a part of the signal design, bidding and construction. Signing and striping plan(s) shall be identified both by description and standard codes. Final plans shall be submitted on 24"X36", 4 millimeter Mylar sheets. o Signing and striping plans shall be prepared at a scale of V=40' (or larger) and provide all information needed for bidding and construction. Any special specifications shall be noted as part of the plans. o The plans shall be signed and sealed by a California Registered Civil. • Provision of Plans Submittals o Minagar & Associates, Inc. shall prepare and submit all the plans in accordance with the following: ■ 50% preliminary design plans shall be provided within two weeks from NTP. ■ 100% preliminary design plans shall be provided within two weeks after receiving the �nty!s comments • Specifications a o Minagar & Associates, Inc. shall prepare and submit all the plans in accordance with the County's and Caltrans' (if necessary) standard contract documents and specifications for the project. When required due to participation by other agencies or due to funding source, specifications shall include any related information and specifications for bidding. • Estimates of Probable Cost o The Minagar & Associates, Inc. team shall prepare and submit a detailed estimate of probable cost with each set of project plans. Estimates of probable cost will be updated as necessary with each subsequent plan submittal. o The estimate of probable cost shall identify each item of work, the estimated quantity of work, the unit cost and the extended subtotal for each item. «'ipw MIN4O4R h 4SSOC14TE5. INC. r� 16 Years of £ic�ller�� i �� PROPOSAL gq ON-CALL PROFESSIONAL TRAFFIC a TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA Sample Minagar & Associates, Inc. Traffic Signal Design Plan Fl E -Iii E T - d fl f IE E- H r. I T n TE IT un1El T - E r IT -t ETT - r U E E T If !,EfwTl EE � I� Il E r -i i IT. MIR 01111 � r In r r_n I E - EfiE f E I EII HE a Hfl I w. T II T �I E IT HE T. E IF T T- E=_n E TE ,• "u -2^ ••� v'"T4 �• .... _ 1• Mwna�cswTsoanntrxc ,I, 9' 1 Crt� ;t• -.L�,,[•=tE _c�-�, f.T �P,3u. �. of i-� c c c - - p H •4y'IET E [f IRIITTLfy- T IcEf�IL', I: Sample Minagar & Associates, Inc. HUB Cabinet Equipment Layout Plan MINAGIAR M ASSaCIATE^a. INC. i ,)PROPOSAL K 411'1.ON-CALL PROFESSIONAL TRAFFIC E} TRANSPORTATION ENGINEERING SERVICES widak . CITY OF DIAMOND BAR, CA 5th Street East i` 40'— _ 40' { I R LL' ° Ave. R 3+00 4+W ¢ 'V 6-M__.-+� i =e n30 d /'Nnuanxaauonam•we cm OF Feu.•cALE Sample Minagar & Associates, Inc. Interconnect Plan MINAGAR & ASSOCIATES, INC. .e - 16Years of ExteikrMa - _ 35 8� F1 11 At r OMO -. 1+00 NJO - i LL' ° Ave. R 3+00 4+W ¢ 'V 6-M__.-+� i =e n30 d /'Nnuanxaauonam•we cm OF Feu.•cALE Sample Minagar & Associates, Inc. Interconnect Plan MINAGAR & ASSOCIATES, INC. .e - 16Years of ExteikrMa - _ 35 PROPOSAL 36 ON-CALL PROFESSIONAL TRAFFIC Et TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA Sample Minagar & Associates, Inc. CCN & Fiber -Optic Interconnect Design for Caltrans Sample Minagar & Associates, Inc. CCTV & Fiber-optic Interconnect Design for Caltrans MINOGAR SL OSSOCIATES, ENC. �- 16 Yeals of Exeellehcer"'j - 1 x [E F MILT *TATE O! CALIFORNIA f L DEPARTMENT OF TRANSPORTATION PROJECT PLANS FOR CONSTRUCTION ON �— STATE HIGHWAY IN LOS ANGELES COUNTY .a - IN LA YERNE, POYONA AND CLARENiONT -•• "`.... AT VARIOUS LOCATIONS I FROM O.9 KN WEST OF RARELINE ROAD -' TO imKN EAST OF CLARlNONT DOULEYARD I. I F F' BEGIN CONSTRUCTION-ue�wiiL IF I Ela KP 0.0 "` I III L -T1 -F /'u• IF AE PN 0.0 �'1� F'IlE l •gE F JN 0"REMONT - ► , IF ._ LA YERNE 1- -__ LOCATIONS OF CONSTRUCTION u F ` ' !ND CONSTRUCTIONPM - F - RP S.8 5.2 e --_ I IN¢L lillE E [!I E. _ .rt. r .107-297404 Sample Minagar & Associates, Inc. CCTV & Fiber-optic Interconnect Design for Caltrans MINOGAR SL OSSOCIATES, ENC. �- 16 Yeals of Exeellehcer"'j - 1 PROPOSAL 37 'w ..TJ ON-CALL PROFESSIONAL TRAFFIC £t TRANSPORTATION ENGINEERING SERVICES �• CITY OF DIAMOND BAR, CA TRAFFIC CONTROL PLANS wa TRAFFIC CONTROL PLANS, TRAFFIC MANAGEMENT PLANS (TMP), AND SIGNING & STRIPING PLANS SERVICES Minagar & Associates, Inc. shall provide the required traffic control plans, prepared per Caltrans standards. The following 25 projects were completed in the State of California by Minagar & Associates, Inc. and include traffic control and/or signing & striping plan elements: TCP for Castaic Lake Water Company's Station & Pipelines Ave. L & 10th St. W. Signing & Striping and TCP TCP for Newport Coast Community Center at Newport Coast Drive Perris Valley 48" Water Pipeline TCP along 13,000' of Cactus Ave. for MWD & EMWD TCP for MWD's 13,000 Feet Perris Valley 96", 98" & 109" Water Pipeline between 1-215 & Mission Grove TCP for WMWD's Riverside -Corona Feeder 54" Water Pipeline on Van Buren Blvd. TCP for Cactus Ave. 48" Feeder Pipeline under 1-215 for Caltrans District 8 Caltrans District 12's Interstate 5 & State Route 55 Flyover TMP & TCP TCP for the Sandhill 30" Raw Water Conveyance Pipeline Signing & Striping and Traffic Control Plans for 1 New Signal & 2 Signal Modifications Traffic Control Plans for PCH Sewer Lines Repair & Permit Application for Caltrans District 7 Signing & Striping and Traffic Control Plans for Boeing's Douglas Park Development TCP for WMWD's Meridian Sewer Pipes along Alessandro Rd. & Sycamore Canyon Blvd. TCP for Sandhill Water Treatment Plant for the Proposed 8" Sewer Lines City of Tustin's Main Street Water Facility- Traffic Control Plans TCP for Huntington Beach's Central Park & Sports Complex Re -striping Plan for Traffic Signal Modification & Street Improvements at Bastanchury Rd./Lakeview Ave. Traffic Control Plans Preparations for Brea Canyon Road Irvine Ranch Water District's Dyer Road Facility TCP Traffic Control Plans for Harbor Blvd. & Westminster Blvd. TCP for Vintage Shores Senior Apartments on Camino De Estrella TCP for Neilson Way for Water & Sewer Lines Repair Temporary Traffic Signal Modification Design for MWD & WMWD's Perris Valley Pipeline Construction � MINAGAR Xa ASSOCIATES, INC. �'-- 6 Y..rs of - 3i -3L PROPOSAL 39 ON-CALL PROFESSIONAL TRAFFIC Et TRANSPORTATION ENGINEERING SERVICES CITY OF DIAMOND BAR, CA 1 Project Manager Unlike any other companies pursuing this on-call services project for the citizens of Diamond Bar, Fred Minagar, MS, RCE, PE, FITE, and President of Minagar & Associates, Inc. shall serve as Project Manager, the focal person for the day-to-day project management of all projects. Mr. Minagar shall oversee all project administration activities on behalf on the consulting Team. From the commencement to the conclusion of the on-call contract, the Minagar & Associates, Inc. Team shall conduct numerous short- and long-term management services, including_ ♦ Overall Project Management - Mr. Minagar, the Prnject I® Manager, shall communicate with the City of Diamond Bar project manager on an as -needed basis to keep the City abreast of any potential/unforeseen development that may MinaV- cause impedance on any project deliveries. Mr. Minagar has engineered, managed and administered over 250 traffic engineering & transportation planning projects in 16 states across the United States. To be within budget and I on-time is the mantra for Minagar & Associates, Inc. on every project that has successfully been completed in the past 16 years. ♦ Progress Reports - The Minagar & Associates, Inc. Team shall prepare and present bi-weekly to monthly progress reports upon request to monitor and inform the City of the on-going progress of any projects. ♦ Invoicing - Invoices shall be submitted to the City's project manager for review and approval on a monthly basis. MINAGAR 8a ASSOCIATES., INC. -e '1$ Yearg W rWeeldnde 5:t 0 r• m ffi 1,071 PROPOSAL 38 ON-CALL PROFESSIONAL TRAFFIC Et TRANSPORTATION ENGINEERING SERVICES 1w CITY OF DIAMOND BAR, CA VAN BUREN BLVD, ------ 0 f / \ice. / /�' /, � I I ii•i � I J Sample Minagar & Associates, Inc. Traffic Control Plan (TCP) j CA S AVENUE (:I. y0i 100irNOVA' 1,'y Sample Minagar & Associates, Inc. Traffic Control Plan (TCP) mirca-MAH Ak A.-%SOQIA-rEz.. INC. y,� 4'K Lgikj ------ 0 f / \ice. / /�' /, � I I ii•i � I J Sample Minagar & Associates, Inc. Traffic Control Plan (TCP) j CA S AVENUE (:I. y0i 100irNOVA' 1,'y Sample Minagar & Associates, Inc. Traffic Control Plan (TCP) mirca-MAH Ak A.-%SOQIA-rEz.. INC. y,� 4'K CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6.8 Meeting Date: October 20, 2009 AGENDA REPORT VIA: James DeStefano, City Mana TITLE: A RESOLUTION APPROVING THE FORM F AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. RECOMMENDATION: Adopt. FINANCIAL IMPACT: This fiscal year, due to budget shortfalls, the State legislature suspended Proposition 1A and will be borrowing 8% of the City's property tax (including VLF in lieu & sales tax triple flip) estimated to be $731,644. The State will then repay the loan with 2% interest by June 30, 2013. Although the City doesn't need these funds to provide cash flow, the loss of funds for three years affects the City's investment opportunities and the possibility of earning higher yields than the 2% guaranteed by the State. BACKGROUND: Proposition 1A Suspension: Proposition 1A was passed by California voters in 2004 to ensure local property tax and sales tax revenues remain with local government thereby safeguarding funding for public safety, health, libraries, parks, and other local services. Provisions can only be suspended if the Governor declares a fiscal necessity and two-thirds of the Legislature concur. The emergency suspension of Proposition 1A was passed by the Legislature and signed by the Governor as ABX4 14 and ABX4 15 as part of the 2009-10 budget package on July 28, 2009. Under the provision, the State will borrow 8% of the amount of property tax revenue apportioned to cities, counties and special districts. The state will be required to repay those obligations plus 2 percent interest by June 30, 2013. The legislature has passed a clean-up bill, SB67 which provides for a few critical changes to the enacted legislation, including but not limited to providing for: financing to occur in November; county auditor certification of amount of Prop 1A receivable; tax-exempt structure; California Communities as the only issuer; more flexibility on bond structure (interest payments, state payment date and redemption features); sales among local agencies; and revision to the hardship mechanism. California Communities anticipates that the Governor will sign it into law prior to funding the Program. If for any reason SB 67 is not enacted and the bonds cannot be sold by December 31, 2009, all approved documents placed in escrow with Transaction counsel will be of no force and effect and will be destroyed. Proposition 1A Securitization Program: Authorized under ABX4 14 and ABX4 15, the Proposition 1A Securitization Program was instituted by California Communities to enable Local Agencies to sell their respective Proposition 1A Receivables to California Communities. Currently, SB67 is being considered to clarify specific aspects of ABX4 14 and ABX4 15. Under the Securitization Program, California Communities will simultaneously purchase the Proposition 1A Receivables, issue bonds ("Prop 1A Bonds") and provide each local agency with the cash proceeds in two equal installments, on January 15, 2010 and May 3, 2010 (to coincide with the dates that the State will be shifting property tax from local agencies). The purchase price paid to the local agencies will equal 100% of the amount of the property tax reduction which is estimated to be $731,644 for the City of Diamond Bar. All transaction costs of issuance and interest will be paid by the State of California. Participating local agencies will have no obligation on the bonds and no credit exposure to the State. If the City sells its Proposition 1A Receivable under the Proposition 1A Securitization Program, California Communities will pledge the City of Diamond's Proposition 1A Receivable to secure the repayment of a corresponding amount of the Prop 1A Bonds. The City's sale of its Proposition 1A Receivable will be irrevocable. Bondholders will have no recourse to the City of Diamond Bar if the State does not make the Proposition 1A Repayment. Proposition 1A Program Sponsor: California Statewide Communities Development Authority ("California Communities") is a joint powers authority sponsored by the California State Association of Counties and the League of California Cities. The member agencies of California Communities include approximately 230 cities and 54 counties throughout California. The City does not have to be a member to participate in the program. Benefits of Participation in the Proposition 1A Securitization Program: The benefits to the City of participation in the Proposition 1A Securitization Program include: Immediate cash relief — the sale of the City's Proposition 1A Receivable will provide the City with 100% of its Proposition 1A Receivable in two equal installments, on January 15, 2010 and May 3, 2010. Mitigates impact of 8% property tax withholding in January and May Per ABX4 14 and ABX4 15 and the proposed clean-up legislation SB 67, the State will withhold 8% of property tax receivables due to Cities, Counties, and Special Districts under Proposition 1A. The financing outlines bond proceeds to be distributed to coincide with the dates that the State will be shifting property tax from local agencies. OA • All costs of financing borne by the State of California. The City of Diamond Bar will not have to pay any interest cost or costs of issuance in connection with its participation. • No obligation on Bonds. The City of Diamond Bar has no obligation with respect to the payment of the bonds, nor any reporting, disclosure or other compliance obligations associated with the bonds. Proceeds of the Sale of the City's Proposition 1A Receivable: Upon delivery of the Proposition 1A Bonds, California Communities will make available to the City its fixed purchase price, which will equal 100% of the City's Proposition 1A Receivable. These funds may be used for any lawful purpose and are not restricted by the program. The proposed Proposition 1A Receivables Sale Resolution: (1) Authorizes the sale of the City's Proposition 1A Receivable to California Communities for 100% of its receivable; (2) Approves the form, and directs the execution and delivery, of the Purchase and Sale Agreement with California Communities and related documents; (3) Authorizes and directs any Authorized Officer to send, or to cause to be sent, an irrevocable written instruction required by statute to the State Controller notifying the State of the sale of the Proposition 1A Receivable and instructing the disbursement of the Proposition 1A Receivable to the Proposition 1A Bond Trustee; (4) Appoints the City Manager and Finance Director as Authorized Officers for purposes of signing documents; and (5) Authorizes miscellaneous related actions and makes certain ratifications, findings and determinations required by law. Proposed Purchase and Sale Agreement The proposed Purchase and Sale Agreement: (1) Provides for the sale of the Proposition 1A Receivable to California Communities; (2) Contains representations and warranties of the City to assure California Communities that the Proposition 1A Receivable has not been previously sold, is not encumbered, that no litigation or other actions is pending or threatened to disrupt the transaction and the this is an arm's length "true sale" of the Proposition 1A Receivable. (3) Provides mechanics for payment of the Purchase Price (4) Contains other miscellaneous provisions. Proposed Purchase and Sale Agreement Exhibits: The proposed Proposition 1A Purchase and Sale Agreement Exhibits: (131) Opinion of Counsel: This is an opinion of the City Attorney covering basic approval of the documents, litigation, and enforceability of the document against the Seller. It will be dated as of the Pricing date of the bonds (currently expected to be November 10, 2009). (132) Bringdown Opinion: This simply "brings down" the opinions to the closing date (currently expected to be November 19, 2009). (Cl) Certificate of the City Clerk: A certificate of the Clerk confirming that the resolution was duly adopted and is in full force and effect. (C2) Seller Certificate: A certification of the Seller dated as of the Pricing Date confirming that the representations and warranties of the Seller are true as of the Pricing Date, confirming authority to sign, confirming due approval of the resolution and providing payment instructions. (C3) Bill of Sale and Bringdown Certificate: Certificate that brings the certifications of C2 down to the Closing Date and confirms the sale of the Proposition 1A Receivable as of the Closing Date. (D) Irrevocable Instructions to the Controller: Required in order to let the State Controller know that the Proposition 1A Receivable has been sold and directing the State to make payment of the receivable to the Trustee on behalf of the Purchaser. (E) Escrow Instruction Letter: Instructs Transaction Counsel (Orrick) to hold all documents in escrow until closing, and if closing does not occur by December 31, 2009 for any reason, to destroy all documents. PREPARED BY: REVIEWED BY: DepartHerif Head Assistant City Manager Attachments: Resolution, Purchase & Sale Agreement 4 RESOLUTION NO. CITY COUNCIL OF THE CITY OF DIAMOND BAR A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION IA RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the "Act"), certain local agencies within the State of California (the "State") are entitled to receive certain payments to be made by the State on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year (the "Reimbursement Payments"), which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; WHEREAS, the City of Diamond Bar, a local agency within the meaning of Section 6585(f) of the California Government Code (the "Seller"), is entitled to and has determined to sell all right, title and interest of the Seller in and to its "Proposition 1A receivable", as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund public capital improvements or working capital; WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Purchaser"), has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition IA Receivable; WHEREAS, the Purchaser desires to purchase the Proposition IA Receivable and the Seller desires to sell the Proposition IA Receivable pursuant to a purchase and sale agreement by and between the Seller and the Purchaser in the form presented to this City Council (the "Sale Agreement") for the purposes set forth herein; WHEREAS, in order to finance the purchase price of the Proposition IA Receivable from the Seller and the purchase price of other Proposition I Receivables from other local agencies, the Purchaser will issue its bonds (the "Bonds") pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture"), by and between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), which Bonds will be payable solely from the proceeds of the Seller's Proposition IA Receivable and other Proposition IA Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition lA Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by City of Diamond Bar to secure a borrowing, (ii) any such sale of its Proposition IA Receivable to the Purchaser shall automatically be perfected without the need for physical delivery, recordation, filing or further act, (iii) the provisions of Division 9 (commencing with Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code, inclusive, shall not apply to the sale of its Proposition IA Receivable, and (iv) after such transfer, the Seller shall have no right, title, or interest in or to the Proposition IA Receivable sold to the Purchaser and the Proposition I Receivable will thereafter be owned, received, held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in the Proposition IA Receivable to the Trustee and any credit enhancer to secure payment of the Bonds; WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to, among other things, pay the purchase price of the Proposition 1 A Receivable; WHEREAS, the Seller will use the proceeds received from the sale of the Proposition IA Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, the City Council of the City of Diamond Bar hereby resolves as follows: Section 1. All of the recitals set forth above are true and correct, and this City Council hereby so finds and determines. Section 2. The Seller hereby authorizes the sale of the Proposition IA Receivable to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer (as set forth in Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in the form presented at this meeting. Section 3. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable Written Instruction") notifying the State of the sale of the Proposition IA Receivable and instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the Proposition IA Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written Instruction shall be in the form presented at this meeting. 2 Section 4. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the Proposition 1 A Receivable or the issuance of the Bonds, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 6. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the Proposition I Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. Section 7. This Resolution shall take effect from and after its adoption and approval. PASSED AND ADOPTED by the City Council of the City of Diamond Bar, State of California, this day of , 2009, by the following vote: AYES: NOES: ABSENT: Attest: City Clerk Approved as to form : SELLER'S COUNSEL a Dated: 4 Mayor APPENDIX A CITY OF DIAMOND BAR Authorized Officers: James DeStefano, City Manager Linda G. Magnuson, Finance Director any designee of any of them, as appointed in a written certificate of such Authorized Officer delivered to the Trustee. I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was Passed, Approved and Adopted City Council of the City of Diamond Bar held on the 20th day of October by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar CITY OF DIAMOND BAR, CALIFORNIA, as Seller and CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser PURCHASE AND SALE AGREEMENT Dated as of November 1, 2009 E-1 TABLE OF CONTENTS Page 1. DEFINITIONS AND INTERPRETATION...................................................................... 2 2. AGREEMENT TO SELL AND PURCHASE; CONDITIONS PRECEDENT................2 3. PURCHASE PRICE, CONVEYANCE OF PROPOSITION IA RECEIVABLE AND PAYMENT OF PURCHASE PRICE...................................................................... 3 4. REPRESENTATIONS AND WARRANTIES OF THE PURCHASER ..........................4 5. REPRESENTATIONS AND WARRANTIES OF THE SELLER ................................... 5 6. COVENANTS OF THE SELLER..................................................................................... 7 7. THE PURCHASER'S ACKNOWLEDGMENT............................................................... 9 8. NOTICES OF BREACH................................................................................................... 9 9. LIABILITY OF SELLER; INDEMNIFICATION............................................................ 9 10. LIMITATION ON LIABILITY......................................................................................10 11. THE SELLER'S ACKNOWLEDGMENT......................................................................10 12. NOTICES.........................................................................................................................10 13. AMENDMENTS.............................................................................................................10 14. SUCCESSORS AND ASSIGNS.....................................................................................10 15. THIRD PARTY RIGHTS................................................................................................11 16. PARTIAL INVALIDITY................................................................................................11 17. COUNTERPARTS..........................................................................................................11 18. ENTIRE AGREEMENT.................................................................................................. 11 19. GOVERNING LAW........................................................................................................12 EXHIBIT A — DEFINITIONS................................................................................................... A-1 EXHIBIT B1 —OPINION OF SELLER'S COUNSEL...........................................................B1-1 EXHIBIT B2 — BRINGDOWN OPINION OF SELLER'S COUNSEL ................................. B2-1 EXHIBIT C 1 — CLERK'S CERTIFICATE............................................................................. Cl -1 EXHIBIT C2 — SELLER CERTIFICATE............................................................................... C2-1 EXHIBIT C3 — BILL OF SALE AND BRINGDOWN CERTIFICATE ................................ C3-1 EXHIBIT D — IRREVOCABLE INSTRUCTIONS TO CONTROLLER ................................ D-1 EXHIBIT E — ESCROW INSTRUCTION LETTER................................................................ E-1 I PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT, dated as of November 1, 2009 (this "Agreement"), is entered into by and between: (1) CITY OF DIAMOND BAR, a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code (the "Seller"); and (2) CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California (the "Purchaser"). RECITALS A. Pursuant to Section 25.5 of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, local agencies within the meaning of Section 6585(1) of the California Government Code are entitled to receive certain payments to be made by the State of California (the "State") on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year, which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code. B. The Seller is the owner of the Proposition lA Receivable (as defined below) and is entitled to and has determined to sell all right, title and interest in and to the Proposition I receivable, namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund any lawful purpose as permitted under the applicable laws of the State. C. The Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require. D. The Purchaser, a joint exercise of powers authority organized and existing under the laws of the State, has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition IA Receivable. E. The Seller is willing to sell, and the Purchaser is willing to purchase, the Proposition 1 A Receivable upon the terms specified in this Agreement. F. Pursuant to its Proposition IA Receivable Financing Program (the "Program"), the Purchaser will issue its bonds (the "Bonds") pursuant to an Indenture (the "Indenture"), between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), and will use a portion of the proceeds thereof to purchase the Proposition IA Receivable from the Seller. G. The Purchaser will grant a security interest in such Proposition lA Receivable to the Trustee and each Credit Enhancer to secure the Bonds. AGREEMENT NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. Definitions and Interpretation. (a) For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Exhibit A attached hereto and which is incorporated by reference herein. (b) The words "hereof," "herein," "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; section and exhibits references contained in this Agreement are references to sections and exhibits in or to this Agreement unless otherwise specified; and the term "including" shall mean "including without limitation." (c) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time may be amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments and exhibits thereto and instruments incorporated therein; and any references to a Person are also to its permitted successors and assigns. 2. Agreement to Sell and Purchase: Conditions Precedent. (a) The Seller agrees to sell, and the Purchaser agrees to purchase, on the Closing Date, for an amount equal to the Purchase Price, all right, title and interest of the Seller in and to the "Proposition IA receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. The Purchase Price shall be paid by the Purchaser to the Seller in two equal cash installment payments, without interest (each, an "Installment Payment" and, collectively, the "Installment Payments"), on January 15, 2010, and May 3, 2010 (each a "Payment Date" and, collectively, the "Payment Dates"). The Purchaser shall pay the Purchase Price by wire transfer pursuant to wire instructions provided by the Seller to the Trustee by e-mail to john.deleray@wellsfargo.com or by facsimile to 213-614-3355, Attention: John Deleray. If wire instructions are not provided to the Trustee (or if such wire instructions are invalid) payment will be made by check mailed to the Seller's Principal Place of Business. (b) The performance by the Purchaser of its obligations hereunder shall be conditioned upon: (i) Transaction Counsel receiving on or before the date the Bonds are sold (the "Pricing_ Date'), to be held in escrow until the Closing Date and then delivered to the Purchaser on the Closing Date, the following documents 2 duly executed by the Seller or its counsel, as applicable: (1) an opinion of counsel to the Seller dated the Pricing Date in substantially the form attached hereto as Exhibit Bl, (2) certificates dated the Pricing Date in substantially the forms attached hereto as Exhibit Cl and Exhibit C2, (3) irrevocable instructions to the Controller dated as of the Closing Date in substantially the form attached hereto as Exhibit D, (4) this Agreement, (5) a certified copy of the resolution of the Seller's City Council approving this Agreement, the transactions contemplated hereby and the documents attached hereto as exhibits, and (6) an escrow instruction letter in substantially the form attached hereto as Exhibit E; (ii) Transaction Counsel receiving on or before the Pricing Date, (1) a bringdown opinion of counsel to the Seller dated as of the Closing Date in substantially the form attached hereto as Exhibit B2, and (2) a bill of sale and bringdown certificate of the Seller (the "Bill of Sale") in substantially the form attached hereto as Exhibit C3:row vided that the Purchaser may waive, in its sole discretion, the requirements of Section 2(b)(ii)(1); (iii) the Purchaser issuing Bonds in an amount which will be sufficient to pay the Purchase Price; and (iv) the receipt by the Purchaser of a certification of the County Auditor confirming the Initial Amount of the Proposition 1 A Receivable pursuant to the Act. (c) The performance by the Seller of its obligations hereunder shall be conditioned solely upon the Purchaser's issuance of the Bonds its execution and delivery of this Agreement, pursuant to which it is legally obligated to pay the Installment Payments to the Seller on the Payment Dates as set forth in this Agreement, and no other act or omission on the part of the Purchaser or any other party shall excuse the Seller from performing its obligations hereunder. Seller specifically disclaims any right to rescind this Agreement, or to assert that title to the Proposition IA Receivable has not passed to the Purchaser, should Purchaser fail to make Installment Payments in the requisite amounts on the Payment Dates. 3. Purchase Price, Conveyance of Proposition IA Receivable and Payment of Purchase Price. (a) Upon pricing of the Bonds by the Purchaser, the Purchaser will inform the Seller that it will pay the Purchase Price in Installment Payments on the Payment Dates. (b) In consideration of the Purchaser's agreement to pay and deliver to the Seller the Installment Payments on the Payment Dates, the Seller agrees to (i) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided herein, and the Purchaser agrees to purchase, accept and receive, the Proposition IA Receivable, and (ii) assign to the Purchaser, to the extent permitted by law, all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition IA Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition IA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. This is the statement referred to in Sections 6588.6(b) and (c) of the California Government Code. 4. Representations and Warranties of the Purchaser. The Purchaser represents and warrants to the Seller, as of the date hereof, as follows: (a) The Purchaser is duly organized, validly existing and in good standing under the laws of the State of California. (b) The Purchaser has full power and authority to enter into this Agreement and to perform its obligations hereunder and has duly authorized such purchase and assignment of the Proposition I Receivable by the Purchaser by all necessary action. (c) Neither the execution and delivery by the Purchaser of this Agreement, nor the performance by the Purchaser of its obligations hereunder, shall conflict with or result in a breach or default under any of its organizational documents, any law, rule, regulation, judgment, order or decree to which it is subject or any agreement or instrument to which it is a party. (d) To the best of the knowledge of the Purchaser, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Purchaser affecting the existence of the Purchaser or the titles of its commissioners or officers, or seeking to restrain or to enjoin the purchase of the Proposition IA Receivable or to direct the application of the proceeds of the purchase thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Purchaser contemplated by any of said documents, or in any way contesting the powers of the Purchaser or its authority with respect to the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Purchaser contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Purchaser from purchasing the Proposition IA Receivable or which if determined adversely to the Purchaser would have an adverse effect upon the Purchaser's ability to purchase the Proposition I Receivable, nor to the knowledge of the Purchaser is there any basis therefor. (e) This Agreement, and its execution, delivery and performance hereof have been duly authorized by it, and this Agreement has been duly executed and delivered by it and constitutes its valid and binding obligation enforceable against it in accordance with the terms hereof, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (f) The Purchaser is a separate legal entity, acting solely through its authorized representatives, from the Seller, maintaining separate records, books of account, assets, bank accounts and funds, which are not and have not been commingled with those of the Seller. 4 (g) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the purchase by the Purchaser of the Proposition IA Receivable or the performance by the Purchaser of its obligations under the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (h) Insofar as it would materially adversely affect the Purchaser's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Purchaser is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Purchaser, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the execution and delivery by the Purchaser of the Transaction Documents to which it is a party, and compliance by the Purchaser with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Purchaser a breach of or default under any agreement or other instrument to which the Purchaser is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Purchaser is subject. 5. Representations and Warranties of the Seller. The Seller hereby represents and warrants to the Purchaser, as of the date hereof, as follows: (a) The Seller is a local agency within the meaning of Section 6585(f) of the California Government Code, with full power and authority to execute and deliver this Agreement and to carry out its terms. (b) The Seller has full power, authority and legal right to sell and assign the Proposition I Receivable to the Purchaser and has duly authorized such sale and assignment to the Purchaser by all necessary action; and the execution, delivery and performance by the Seller of this Agreement has been duly authorized by the Seller by all necessary action. (c) This Agreement has been, and as of the Closing Date the Bill of Sale will have been, duly executed and delivered by the Seller and, assuming the due authorization, execution and delivery of this Agreement by the Purchaser, each of this Agreement and the Bill of Sale constitutes a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (d) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the sale by the Seller of the Proposition IA Receivable or the performance by the Seller of its obligations under the Resolution and the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (e) Insofar as it would materially adversely affect the Seller's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Seller is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Seller, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the Transaction Documents to which it is a party, and compliance by the Seller with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Seller a breach of or default under any agreement or other instrument to which the Seller is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Seller is subject. (f) To the best of the knowledge of the Seller, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller affecting the existence of the Seller or the titles of its City Council members or officers to their respective offices, or seeking to restrain or to enjoin the sale of the Proposition IA Receivable or to direct the application of the proceeds of the sale thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents, or in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Seller contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Seller from selling the Proposition I Receivable or which if determined adversely to the Seller would have an adverse effect upon the Seller's ability to sell the Proposition IA Receivable, nor to the knowledge of the Seller is there any basis therefor. (g) Prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller was the sole owner of the Proposition IA Receivable, and has such right, title and interest to the Proposition IA Receivable as provided in the Act. From and after the conveyance of the Proposition IA Receivable by the Seller to Purchaser on the Closing Date, the Seller shall have no right, title or interest in or to the Proposition IA Receivable. Except as provided in this Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Proposition IA Receivable, nor has the Seller created, or to the best knowledge of the Seller permitted the creation of, any lien, pledge, security interest or any other encumbrance (a "Lien") thereon. Prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller held title to the Proposition IA Receivable free and clear of any Liens. ' As of the Closing Date, this Agreement, together with the Bill of Sale, constitutes a valid and absolute sale to the Buyer of all of the Seller's right, title and interest in and to the Proposition I Receivable. (h) The Seller acts solely through its authorized officers or agents (i) The Seller maintains records and books of account separate from those of the Purchaser. 0) The Seller maintains its respective assets separately from the assets of the Purchaser (including through the maintenance of separate bank accounts); the Seller's funds and assets, and records relating thereto, have not been and are not commingled with those of the Purchaser. (k) The Seller's principal place of business and chief executive office is located at 21825 Copley Drive, Diamond Bar, CA 91765. (1) The aggregate amount of the Installment Payments is reasonably equivalent value for the Proposition IA Receivable. The Seller acknowledges that the amount payable to or on behalf of the Purchaser by the State with respect to the Proposition IA Receivable will be in excess of the Purchase Price and the Initial Amount of the Proposition IA Receivable and confirms that it has no claim to any such excess amount whatsoever. (m) The Seller does not act as an agent of the Purchaser in any capacity, but instead presents itself to the public as an entity separate from the Purchaser. (n) The Seller has not guaranteed and shall not guarantee the obligations of the Purchaser, nor shall it hold itself out or permit itself to be held out as having agreed to pay or as being liable for the debts of the Purchaser; and the Seller has not received nor shall the Seller accept any credit or financing from any Person who is relying upon the availability of the assets of the Purchaser in extending such credit or financing. The Seller has not purchased and shall not purchase any of the Bonds or any interest therein. (o) All transactions between or among the Seller, on the one hand, and the Purchaser on the other hand (including, without limitation, transactions governed by contracts for services and facilities, such as payroll, purchasing, accounting, legal and personnel services and office space), whether existing on the date hereof or entered into after the date hereof, shall be on terms and conditions (including, without limitation, terms relating to amounts to be paid thereunder) which are believed by each such party thereto to be both fair and reasonable and comparable to those available on an arms -length basis from Persons who are not affiliates. (p) The Seller has not, under the provisions of Section 100.06(b) of the California Revenue and Taxation Code, received a reduction for hardship or otherwise, nor has it requested, made arrangements for, or completed a reallocation or exchange with any other local agency, of the total amount of the ad valorem property tax revenue reduction allocated to the Seller pursuant to Section 100.06(a) of the California Revenue and Taxation Code. 6. Covenants of the Seller. (a) The Seller shall not take any action or omit to take any action which adversely affects the interests of the Purchaser in the Proposition IA Receivable and in the proceeds thereof. The Seller shall not take any action or omit to take any action that shall adversely affect 7 the ability of the Purchaser, and any assignee of the Purchaser, to receive payments of the Proposition IA Receivable. (b) The Seller shall not take any action or omit to take any action that would impair the validity or effectiveness of the Act, nor, without the prior written consent of the Purchaser or its assignees, agree to any amendment, modification, termination, waiver or surrender of, the terms of the Act, or waive timely performance or observance under the Act. Nothing in this agreement shall impose a duty on the Seller to seek to enforce the Act or to seek enforcement thereof by others, or to prevent others from modifying, terminating, discharging or impairing the validity or effectiveness of the Act. (c) Upon request of the Purchaser or its assignee, (i) the Seller shall execute and deliver such further instruments and do such further acts (including being named as a plaintiff in an appropriate proceeding) as may be reasonably necessary or proper to carry out more effectively the purposes and intent of this Agreement and the Act, and (ii) the Seller shall take all actions necessary to preserve, maintain and protect the title of the Purchaser to the Proposition IA Receivable. (d) On or before the Closing Date, the Seller shall send (or cause to be sent) an irrevocable instruction to the Controller pursuant to Section 6588.6(c) of California Government Code to cause the Controller to disburse all payments of the Proposition IA Receivable to the Trustee, together with notice of the sale of the Proposition IA Receivable to the Purchaser and the assignment of all or a portion of such assets by the Purchaser to the Trustee. Such notice and instructions shall be in the form of Exhibit D hereto. The Seller shall not take any action to revoke or which would have the effect of revoking, in whole or in part, such instructions to the Controller. Upon sending such irrevocable instruction, the Seller shall have relinquished and waived any control over the Proposition 1 A Receivable, any authority to collect the Proposition IA Receivable, and any power to revoke or amend the instructions to the Controller contemplated by this paragraph. Except as provided in Section 2(c) of this Agreement, the Seller shall not rescind, amend or modify the instruction described in the first sentence of this paragraph. The Seller shall cooperate with the Purchaser or its assignee in giving instructions to the Controller if the Purchaser or its assignee transfers the Proposition IA Receivable. In the event that the Seller receives any proceeds of the Proposition 1A Receivable, the Seller shall hold the same in trust for the benefit of the Purchaser and the Trustee and each Credit Enhancer, as assignees of the Purchaser, and shall promptly remit the same to the Trustee. (e) The Seller hereby covenants and agrees that it will not at any time institute against the Purchaser, or join in instituting against the Purchaser, any bankruptcy, reorganization, arrangement, insolvency, liquidation, or similar proceeding under any United States or state bankruptcy or similar law. (f) The financial statements and books and records of the Seller prepared after the Closing Date shall reflect the separate existence of the Purchaser and the sale to the Purchaser of the Proposition IA Receivable. (g) The Seller shall treat the sale of the Proposition IA Receivable as a sale for regulatory and accounting purposes. (h) From and after the date of this Agreement, the Seller shall not sell, transfer, assign, set over or otherwise convey any right, title or interest of any kind whatsoever in all or any portion of the Proposition IA Receivable, nor shall the Seller create, or to the knowledge of the Seller permit the creation of, any Lien thereon. 7. The Purchaser's Acknowledgment. The Purchaser acknowledges that the Proposition IA Receivable is not a debt or liability of the Seller, and that the Proposition IA Receivable is payable solely by the State from the funds of the State provided therefor. Consequently, neither the taxing power of the Seller, nor the full faith and credit thereof is pledged to the payment of the Proposition IA Receivable. No representation is made by the Seller concerning the obligation or ability of the State to make any payment of the Proposition lA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any representation made with respect to the ability of the State to enact any change in the law applicable to the Transaction Documents (including without limitation Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). The Purchaser acknowledges that the Seller has no obligation with respect to any offering document or disclosure related to the Bonds. 8. Notices of Breach. (a) Upon discovery by the Seller or the Purchaser that the Seller or Purchaser has breached any of its covenants or that any of the representations or warranties of the Seller or the Purchaser are materially false or misleading, in a manner that materially and adversely affects the value of the Proposition 1A Receivable or the Purchase Price thereof, the discovering party shall give prompt written notice thereof to the other party and to the Trustee, as assignee of the Purchaser, who shall, pursuant to the Indenture, promptly thereafter notify each Credit Enhancer and the Rating Agencies. (b) The Seller shall not be liable to the Purchaser, the Trustee, the holders of the Bonds, or any Credit Enhancer for any loss, cost or expense resulting from the failure of the Trustee, any Credit Enhancer or the Purchaser to promptly notify the Seller upon the discovery by an authorized officer of the Trustee, any Credit Enhancer or the Purchaser of a breach of any covenant or any materially false or misleading representation or warranty contained herein. 9. Liability of Seller, Indemnification. The Seller shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Seller under this Agreement. The Seller shall indemnify, defend and hold harmless the Purchaser, the Trustee and each Credit Enhancer, as assignees of the Purchaser, and their respective officers, directors, employees and agents from and against any and all costs, expenses, losses, claims, damages and liabilities to the extent that such cost, expense, loss, claim, damage or liability arose out of, or was imposed upon any such Person by the Seller's breach of any of its covenants contained herein or any materially false or misleading representation or warranty of the Seller contained herein. Notwithstanding anything to the contrary herein, the Seller shall have no liability for the payment of the principal of or interest on the Bonds issued by the Purchaser. 9 10. Limitation on Liability. (a) The Seller and any officer or employee or agent of the Seller may rely in good faith on the advice of counsel or on any document of any kind, prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Seller shall not be under any obligation to appear in, prosecute or defend any legal action regarding the Act that is unrelated to its specific obligations under this Agreement. (b) No officer or employee of the Seller shall have any liability for the representations, warranties, covenants, agreements or other obligations of the Seller hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Seller. 11. The Seller's Acknowledgment. The Seller hereby agrees and acknowledges that the Purchaser intends to assign and grant a security interest in all or a portion of (a) its rights hereunder and (b) the Proposition IA Receivable, to the Trustee and each Credit Enhancer pursuant to the Indenture. The Seller further agrees and acknowledges that the Trustee, the holders of the Bonds, and each Credit Enhancer have relied and shall continue to rely upon each of the foregoing representations, warranties and covenants, and further agrees that such Persons are entitled so to rely thereon. Each of the above representations, warranties and covenants shall survive any assignment and grant of a security interest in all or a portion of this Agreement or the Proposition lA Receivable to the Trustee and each Credit Enhancer and shall continue in full force and effect, notwithstanding any subsequent termination of this Agreement and the other Transaction Documents. The above representations, warranties and covenants shall inure to the benefit of the Trustee and each Credit Enhancer. 12. Notices. All demands upon or, notices and communications to, the Seller, the Purchaser, the Trustee or the Rating Agencies under this Agreement shall be in writing, personally delivered or mailed by certified mail, return receipt requested, to such party at the appropriate notice address, and shall be deemed to have been duly given upon receipt. 13. Amendments. This Agreement may be amended by the Seller and the Purchaser, with (a) the consent of the Trustee, (b) the consent of each Credit Enhancer, and (c) a Rating Agency Confirmation, but without the consent of any of the holders of the Bonds, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement. Promptly after the execution of any such amendment, the Purchaser shall furnish written notification of the substance of such amendment to the Trustee and to the Rating Agencies. 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Seller, the Purchaser and their respective successors and permitted assigns. The Seller may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Purchaser. Except as specified herein, the Purchaser may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. 10 15. Third Party Rights. The Trustee and each Credit Enhancer are express and intended third party beneficiaries under this Agreement. Nothing expressed in or to be implied from this Agreement is intended to give, or shall be construed to give, any Person, other than the parties hereto, the Trustee, and each Credit Enhancer, and their permitted successors and assigns hereunder, any benefit or legal or equitable right, remedy or claim under or by virtue of this Agreement or under or by virtue of any provision herein. 16. Partial Invalidity. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby. 17. Counterparts. This Agreement may be executed in any number of identical counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. 18. Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter hereof. 11 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Agreement to be duly executed as of the date first written above. CITY OF DIAMOND BAR, as Seller By: Authorized Officer CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser LIN Authorized Signatory 12 EXHIBIT A DEFINITIONS For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings set forth below. "Act" means Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended. "Bill of Sale" has the meaning given to that term in Section 2(b)(ii) hereof. "Closing Date" means the date on which the Bonds are issued. The Closing Date is expected to be November 19, 2009, but the Purchaser may change the Closing Date by providing e-mail notification to james.destefano@ci.diamond-bar.ca.us not later than one day prior to the Closing Date. "Controller" means the Controller of the State. "County Auditor" means the auditor or auditor -controller of the county within which the Seller is located. "Credit Enhancer" means any municipal bond insurance company, bank or other financial institution or organization which is performing in all material respects its obligations under any Credit Support Instrument for some or all of the Bonds. "Credit Support Instrument" means a policy of insurance, a letter of credit, a stand-by purchase agreement, a revolving credit agreement or other credit arrangement pursuant to which a Credit Enhancer provides credit or liquidity support with respect to the payment of interest, principal or purchase price of the Bonds. "Initial Amount" means, with respect to the Proposition IA Receivable, the amount of property tax revenue reallocated away from the Seller pursuant to the provisions of Section 100.06 of the Revenue and Taxation Code, as certified by the County Auditor pursuant to the Act. "Installment Payments" have the meaning set forth in Section 2(a). "Payment Dates" have the meaning set forth in Section 2(a). "Pricing Date" means the date on which the Bonds are sold. The Pricing Date is expected to be November 10, 2009, but the Purchaser may change the Pricing Date by providing e-mail notification to james.destefano@ci.diamond-bar.ca.us not later than one day prior to the Pricing Date. "Principal Place of Business" means, with respect to the Seller, the location of the Seller's principal place of business and chief executive office located at 21825 Copley Drive, Diamond Bar, CA 91765. A-1 "Proposition 1 A Receivable" has the meaning set forth in Section 2(a). "Purchase Price" means an amount equal to the Initial Amount. "Rating Agency" means any nationally recognized rating agency then providing or maintaining a rating on the Bonds at the request of the Purchaser. "Rating Agency Confirmation" means written confirmation from each Rating Agency that any proposed action will not, in and of itself, cause the Rating Agency to lower, suspend or withdraw the rating then assigned by such Rating Agency to any Bonds. "Resolution" means the resolution adopted by the City Council approving the sale of the Proposition IA Receivable. "State" means the State of California. "Transaction Counsel" means Orrick, Herrington & Sutcliffe LLP. "Transaction Documents" mean this Agreement, the Bill of Sale, the Indenture, the Bonds and the Irrevocable Instructions For Disbursement of Proposition 1A Receivable of City of Diamond Bar, dated as of the Closing Date. A-2 Oct 15 09 10:33a OPINION OF COUNSEL to CITE' OF DIAMOND BAR Dated: Pricing Date California Statewide Communities Development Authority Sacramento, California Welts Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition lA Receivable Ladies & Gentlemen: p.2 EXHIBIT Bl [L hav 3s Office h acted as counsel for the City of Diamond Bar (the "Seller") in connection with the adoption of that certain resolution (the "Resolution") of the City Council of the Seller (the "Governing Body") pursuant to which the Seller authorized the sale to the California Statewide Communities Development Authority (the "Purchaser") of the Seller's "Proposition IA Receivable", as defined in and pursuant to the Purchase and Sale Agreement dated as of November 1, 2449 (the "Sale Agreement") between the Seller and the Purchaser. In connection with these transactions, the Seller has issued certain Irrevocable Instructions For Disbursement of the Seller's Proposition IA Receivable to the Controller of the State of California (the "Disbursement Instructions") and a Bill of Sale and Bringdown Certificate of the Seller (the "Bill of Sale' and, collectively with the Sale Agreement and the Disbursement Instructions, the "Seller Documents"). Unless the context otherwise requires, capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Sale Agreement. [1 e have examined and are familiar with the Seller Documents and with those documents relating to the existence, organization. and operation of the Seller, the adoption of the Resolution, and the execution of the Seller Documents, and have satisfied ourselves as to such other matters as [I we deem necessary in order to render the following opinions. As to paragraphs numbered 3 and 4 below, [10 have relied as to factual matters on the representations and warranties of the Seller contained in the Sale Agreement. Based upon the foregoing, and subject to the limitations and qualifications set forth herein, [1 we are of the opinion that: Oct 15 09 10:33a p.3 1. The Seller is a local agency, within the meaning of Section 65850 of the California Government Code. The Governing Body is the governing body of the Seller. 2. The Resolution was duly adopted at a meeting of the Governing Body, which was called and held pursuant to law and with all public notice required by law, and at which a quorum was present and acting throughout, and the Resolution is in full force and effect and has not been modified, amended or rescinded since the date of its adoption. 3. To the best of [mmour knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller (1) affecting the existence of the Seller or the titles of its Goveming Body members or officers to their respective offices; (ii) seeking to restrain or to enjoin the sale of the Proposition 1 A Receivable or to direct the application of the proceeds of the sale thereof, or materially adversely affecting the sale of the Proposition I A Receivable; (iii) in any way contesting or affecting the validity or enforceability of the Resolution, Seller Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents; or (iv) in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Seller Documents or any other applicable%agreement, or any action on the part of the Seller contemplated by any of said documents. 4. To the best of [my our knowledge, prior to the sale of the Proposition. I A Receivable to the Purchaser, the Seller had not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Seller's Proposition 1A Receivable, nor had the Seiler created, or permitted the creation of, any Lien thereon. 5. The Seller has duly authorized and executed the Seller Documents and, assuming the due authorization execution and delivery of the Sale Agreement by the Purchaser, each Seller Document will be legal, valid and binding against the Seller and enforceable against the Seller in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or laws relating to or affecting creditors' rights, and the application of equitable principles and the exercise of Judicial discretion in appropriate areas. No opinion is expressed concerning the obligation or ability of the State of California to make any payment of the Proposition IA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the Califomia Constitution, nor is any opinion expressed with respect to the ability of the State to enact any change in the law applicable to the Seller Documents (including, without limitation, Section 100.06 of the Revenue and Taxation Code or Section 5588.6 of the Government Code). Furthermore, [1 ' e express no opinion as to the value of the Proposition 1A Receivable or as to any legal or equitable remedies that may be available to any person should the Proposition IA Receivable have little or no value. No opinion is expressed with respect to the sale of Bonds by the Purchaser. B 1-2 Oct 15 09 10:34a p.4 The legal opinion set forth herein is intended for the information solely of the addressees hereof and for the purposes contemplated by the Sale Agreement. The addressees may not rely on it in connection with any transactions other than those described herein, and it is not to be relied upon by any other person or entity, or for any other purpose, cr quoted as a whole or in part, or otherwise referred to, in any document, or to be filed with any governmental or administrative agency other than the Purchaser or with any other person or entity for any purpose without [my4Q!3 prior written consent. In addition to the addressees hereof, each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. [N do not undertake to advise you of matters that may come to [m aur attention subsequent to the date hereof that may affect the opinions expressed herein. Very truly yours, B 1-3 Oct 15 09 10:33a OPINION OF COUNSEL to CITY OF DIAMOND BAR Dated: Closing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition 1 A Receivable (Brin.gdown Opinion) Ladies & Gentlemen: P.1 EXHIBIT B2 Pursuant to that certain Purchase and Sale Agreement dated as of November 1, 2049 (the "Sale Agreement") between the City of Diamond Bar (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser'), this Office delivered an opinion (the "Opinion") dated the Pricing Date as counsel for the Seller in connection with the sale of the Seller's Proposition 1 A Receivable (as defined in the Sale Agreement), the execution of documents related thereto and certain other related matters. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. I confirm that you may continue to rely upon the Opinion as if it were dated as of the date hereof. Each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. This letter is delivered to you pursuant to Section 2(b)(h)(1) of the Sale Agreement. Very truly yours, T 1, - . :�.. "-rte; � . y 1 B2-1 EXHIBIT C1 CLERK'S CERTIFICATE CERTIFICATE OF THE CITY CLERK OF CITY OF DIAMOND BAR, CALIFORNIA Dated: Pricing Date The undersigned City Clerk of the City of Diamond Bar (the "Seller"), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, does hereby certify that the foregoing is a full, true and correct copy of Resolution No. duly adopted at a regular meeting of the City Council of said Seller duly and legally held at the regular meeting place thereof on the day of , 2009, of which meeting all of the members of said City Council had due notice and at which a quorum was present and acting throughout, and that at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and that said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a location in the [ City / Town / County } of Diamond Bar, California freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase and Sale Agreement, dated as of November 1, 2009, between the Seller and the California Statewide Communities Development Authority. WITNESS by my hand as of the Pricing Date. By: City Clerk of the City of Diamond Bar, California EXHIBIT C2 SELLER CERTIFICATE SELLER CERTIFICATE Dated: Pricing Date We, the undersigned officers of the City of Diamond Bar (the "Seller"), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, holding the respective offices herein below set opposite our signatures, do hereby certify that on the date hereof the following documents (the "Seller Transaction Documents") were officially executed and delivered by the Authorized Officer or Officers whose names appear on the executed copies thereof, to wit: Document 1. Purchase and Sale Agreement, dated as of November 1, 2009 (the "Sale Agreement"), between the Seller and the California Statewide Communities Development Authority (the "Purchaser"). 2. Irrevocable Instructions For Disbursement of Seller's Proposition I Receivable to the Controller of the State of California, dated the Closing Date. 3. Bill of Sale, dated the Closing Date. Capitalized terms used herein and not defined herein shall have the meaning given such terms in the Sale Agreement. We further certify as follows: 1. At the time of signing the Seller Transaction Documents and the other documents and opinions related thereto, we held said offices, respectively, and we now hold the same. 2. The representations and warranties of the Seller contained in the Seller Transaction Documents are true and correct as of the date hereof in all material respects. 3. The City Council duly adopted its resolution (the "Resolution") approving the sale of the Seller's Proposition lA Receivable at a meeting of the City Council which was duly called and held pursuant to law with all public notice required by law and at which a quorum was present and acting when the Resolution was adopted, and such Resolution is in full force and effect and has not been amended, modified, supplemented or rescinded. C2-1 Name, Official Title Signature James DeStefano, City Manager Linda G. Magnuson, Finance Director genuine. I HEREBY CERTIFY that the signatures of the officers named above are Dated: Pricing Date LM C2-2 City Clerk of the City of Diamond Bar, California EXHIBIT C3 BILL OF SALE AND BRINGDOWN CERTIFICATE BILL OF SALE AND BRINGDOWN CERTIFICATE Pursuant to terms and conditions of the Purchase and Sale Agreement (the "Sale Agreement"), dated as of November 1, 2009, between the undersigned (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), and in consideration of the obligation of the Purchaser to pay and deliver to the Seller the Purchase Price (as defined in the Sale Agreement), in two equal installment payments to be made on January 15, 2010, and May 3, 2010 (collectively, the "Payment Dates"), the Seller does hereby (a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided in the Sale Agreement, the Proposition 1A Receivable as defined in the Sale Agreement (the "Proposition lA Receivable"), and (b) assign to the Purchaser, to the extent permitted by law (as to which no representation is made), all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition IA Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition IA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. Seller specifically disclaims any right to rescind the Agreement, or to assert that title to the Proposition IA Receivable has not passed to the Purchaser, should Purchaser fail to make the installment payments in the requisite amounts on the Payment Dates. The Seller hereby certifies that the representations and warranties of the Seller set forth in the Certificate of the City Clerk dated the Pricing Date, the Seller Certificate dated the Pricing Date and in the Transaction Documents to which the Seller is a party are true and correct in all material respects as of the date hereof (except for such representations and warranties made as of a specified date, which are true and correct as of such date). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. Dated: ClosinDate C3-1 CITY OF DIAMOND BAR Authorized Officer EXHIBIT D IRREVOCABLE INSTRUCTIONS TO CONTROLLER IRREVOCABLE INSTRUCTIONS FOR DISBURSEMENT OF PROPOSITION I RECEIVABLE OF CITY OF DIAMOND BAR Dated: Closing Date Office of the Controller State of California P.O. Box 942850 Sacramento, California 94250-5872 Re: Notice of Sale of Proposition IA Receivable by the City of Diamond Bar and Wiring Instructions Information Form Dear Sir or Madam: Pursuant to Section 6588.6(c) of the California Government Code, City of Diamond Bar (the "Seller") hereby notifies you of the sale by Seller, effective as of the date of these instructions written above, of all right, title and interest of the Seller in and to the "Proposition IA Receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. By resolution, the Seller's City Council authorized the sale of the Proposition IA Receivable to the California Statewide Communities Development Authority (the "Purchaser") pursuant to a Purchase and Sale Agreement, dated as of November 1, 2009 (the "Purchase and Sale Agreement") and a Bill of Sale, dated the Closing Date (as defined in the Purchase and Sale Agreement). The Proposition IA Receivable has been pledged and assigned by the Purchaser pursuant to an Indenture, dated as of November 1, 2009 (the "Indenture") between the Purchaser and Wells Fargo Bank, National Association, as Trustee (the "Trustee"). The Seller hereby irrevocably requests and directs that, commencing as of the date of these instructions written above, all payments of the Proposition IA Receivable (and documentation related thereto) be made directly to Wells Fargo Bank, National Association, as Trustee, in accordance with the wire instructions and bank routing information set forth below. Please note that the sale of the Proposition 14 Receivable by the Seller is irrevocable and that: (i) the Seller has no power to revoke or amend these instructions at any time, (ii) the Purchaser shall have the power to revoke or amend these instructions only if there are no notes of the Purchaser outstanding under the Indenture and the Indenture has been discharged, and (iii) so long as the Indenture has not been discharged, these instructions cannot be revoked or amended by the Purchaser without the consent of the Trustee. Should D-1 the Purchaser, however, deliver a written notice to the Office of the Controller stating that: (a) the Seller failed to meet the requirements set forth in the Purchase and Sale Agreement, (b) the Purchaser has not waived such requirements, and (c) the Purchaser has not purchased the Proposition IA Receivable as a result of the circumstances described in (a) and (b) above, then these instructions shall be automatically rescinded and the Seller shall again be entitled to receive all payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(M) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. Bank Name: Wells Fargo Bank, N.A. Bank ABA Routing #: 121000248 Bank Account #: 0001038377 Bank Account Name: Corporate Trust Clearing Further Credit To: CSCDA Proposition IA Bonds Bank Address: 707 Wilshire Blvd., 17th Floor MAC E2818-176 Los Angeles, CA 90017 Bank Telephone #: (213) 614-3353 Bank Contact Person: Robert Schneider Please do not hesitate to call the undersigned if you have any questions regarding this transaction. Thank you for your assistance in this matter. Very truly yours, CITY OF DIAMOND BAR I: D-2 Authorized Officer EXHIBIT E ESCROW INSTRUCTION LETTER ESCROW INSTRUCTION LETTER 2009 California Statewide Communities Development Authority 1100 K Street Sacramento, CA 95814 Re: Proposition IA Receivable Financin Dear Sir or Madam: The City of Diamond Bar (the "Seller") hereby notifies you of its agreement to participate in the California Statewide Communities Development Authority Proposition IA Receivable Financing. By adoption of a resolution (the "Resolution") authorizing the sale of its Proposition IA Receivable, the Seller's City Council has agreed to sell to the California Statewide Communities Development Authority (the "Purchaser"), for a purchase price that meets the conditions set forth in the Resolution, all of its right, title and interest in the Proposition IA Receivable. Enclosed herewith are the following documents which have been duly approved and executed by the Seller and which are to be held in escrow by Orrick, Herrington & Sutcliffe LLP, as transaction counsel ("Transaction Counsel"), as instructed below: 1. certified copy of the Resolution, together with a certificate of the City Clerk, dated the Pricing Date; 2. the Seller Certificate, dated the Pricing Date; 3. the Opinion of Seller's Counsel, dated the Pricing Date; 4. the Opinion of Seller's Counsel (bringdown opinion), dated the Closing Date; 5. the Purchase and Sale Agreement, dated as of November 1, 2009; 6. the Bill of Sale and Bringdown Certificate, dated the Closing Date; and 7. the Irrevocable Instructions to Controller, dated the Closing Date. The foregoing documents are to be held in escrow by Transaction Counsel and shall be delivered on the Closing Date (as defined in the Purchase and Sale Agreement), provided that such Closing Date occurs on or before December 31, 2009. E-1 Should (i) the Closing Date not occur on or berfore December 31, 2009, or (ii) Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller's Counsel stating, respectively and in good faith, that the representations made in the Seller's Certificate are not true and accurate, or the opinions set forth in the Opinion of Seller's Counsel are not valid, in each case as of the Closing Date and provided that the Purchaser may, in its sole discretion, choose to waive receipt of such representations or opinions, then this agreement shall terminate and Transaction Counsel shall destroy all of the enclosed documents. Enclosures cc: Orrick, Herrington & Sutcliffe LLP Very truly yours, CITY OF DIAMOND BAR E-2 Authorized Officer CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REVENUE BONDS (STATE OF CALIFORNIA PROPOSITION IA RECEIVABLES PROGRAM) SERIES 2009 CERTIFICATE OF THE SELLER RE: COMPONENTS OF PROPOSITION IA RECEIVABLES The undersigned, an Authorized Officer of the City of Diamond Bar (the "Seller") hereby certifies as follows with respect to that certain Purchase and Sale Agreement, dated as of November 1, 2009 (the "Agreement"), by and between the Seller and the California Statewide Communities Development Authority (the "Purchaser") as follows (all capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement): 1. The components (the "Components") of the Proposition IA Receivable listed in Schedule I, attached hereto and incorporated herein by reference, belong to the Seller; 2. The Components are listed as they appear on the certification of the County Auditor pursuant to Section 100.06 of the Revenue and Taxation Code; 3. By entering into the Agreement, the Seller is selling the Proposition IA Receivable, including all Components thereof listed in Schedule I; 4. The Seller acknowledges that the Purchase Price of the Proposition IA Receivable will be equal to aggregate the Initial Amounts of each Component as each such Component is separately certified by the County Auditor; and 5. The funds or other entities listed as Components in Schedule I (other than the Seller itself) are not independent legal entities with the power to enter into contracts. Dated: Pricing Date CITY OF DIAMOND BAR M. Authorized Officer Component Certificate of City of Diamond Bar ACKNOWLEDGEMENT OF SELLER'S COUNSEL The undersigned, counsel to the Seller hereby acknowledges and confirms that the statements in paragraphs 1 and 5 of this certificate are legally correct. Seller's Counsel Component Certificate of City of Diamond Bar trr Iy a� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: C,k i DATE: _ PHONE: � w Nyqkk�,� Tt avC4-lbl-, 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 This document is a public record subject to disclosure under the Public Records Act. r