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11/16/2010
City • Diamond Dal City Council Agenda Tuesday, November 16, 2010 5:15 p.m. — Closed Session — Room CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Carol Herrera Steve Tye Mayor Mayor ProTem Ling -Ling Chang Ron Everett Jack Tanaka 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 accommodations) 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.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond liar uses recycled paper and encourages you to do the same, DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live DnTime-Warner Cable Channel 3 and Verizon ROS television Channel 47. You are invited toattend and participate. Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council oOany Consent ' �nl C�|�Dda[�oraDVOmatba[Oot oOthe agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit m speaker slip tothe City Clerk. Any material tobe submitted tVthe City Council atthe meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The K8ayo[' adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, thelength ofthe agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda ite[O, except during public hea[ingo, when the applicant/appellant may beafforded arebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result iDthe speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OFTHE COUNCIL Agendas for regular CUv[�oUDcj|meetings are available 72hours pho[tothe meeting and are posted i the City's regular 'yU g locations, on OBTV Channel 3, Time -Warner Cable Channel 3. ROS television ' Channel 47and o| the City's website Afull agenda packet io available for review during the OleetinQ, in the foyer 'Uat outside the Council chambers. The City Council may take action oOany item listed oOthe agenda. ACCOMMODATIONS FOR THE DISABLED 8 oo[d|eoo microphone is available for those persons with nnob|h« impairments who cannot mooeas the podium in order to make a public cnrDnnoOt. Sign language interpretation is available by providing the CUv{�|orkthree business days' DV�ceinadvance ofannee�ng. F/|eeeetelephone (QOS)O8Q-7O1O between 7:3Oa.0.and 5:3Op.Om.Monday through Thursday and 7:3Oo.m.to4:3Op.rn.onFridays. HELPFUL PHONE NUMBERS Copies ofagendas, rules ofthe Council, CassetteNideotapes ofmeetings: (9K)9) 10 Computer access bJagendas: General information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME -WARNER CABLE CHANNEL 3 AND VERIZON FiOS 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.CITYOFD[AMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA November 16, 2010 Next Resolution No. 2010-38 Next Ordinance No. 05 (2010) CLOSED SESSION: 5:15 p.m., Room CC -8 Public Comments on Closed Session Agenda 00- Government Code Section 54957 — Public Employee — City Manager Performance Evaluation CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: 6:30 p.m. Mayor Darlene Jones, Pastor Outreach Diamond Canyon Christian Center Council Members Chang, Everett, Tanaka, Mayor Pro Tern Tye, Mayor Herrera Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificates of Recognition to "Diamond Bar Through My Lens" Photo Contest Winners. 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. November 16, 2010 PAGE 2 1.2 Introduction of Los Angeles County Fire Chief Angel Montoya. 1.3 Presentation of Diamond Bar Crime Statistics from 2007 through 2009 by Los Angeles Sheriffs Department. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — November 18, 2010 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.2 Planning Commission Meeting — November 23, 2010 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive 5.3 Thanksgiving Holiday — November 25 — 26, 2010 — City Offices will be closed in observance of the Thanksgiving Holiday. Offices will reopen November 29, 2010 at 7:30 a.m. 5.4 City Council Meeting — December 7, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1(a) Study Session of November 2, 2010 — Approve as submitted. 6.1(b) Regular Meeting of November 2, 2010 — Approve as submitted. November 16, 2010 PAGE 3 6.2 Ratification of Check Register — Dated October 28, 2010 through 'November 9, 2010 totaling $535,847.06. Requested by: Finance Department 6.3 Treasurer's Statement — month of September, 2010. Recommended Action: Approve. Requested by: Finance Department 6.4 (a) Approve Plans and Specifications and Award a Construction Contract for the Brea Canyon Road Drainage Improvements Project to C.P. Construction Company, Inc. in the Amount of $85,250; and Authorize a Contingency Amount of $8,500 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $93,750. Recommended Action: Approve, Award and Authorize. (b) Award Construction Administration Services Contract for the Brea Canyon Road Drainage Improvements Project to Onward Engineering in the Amount of $28,790 and Authorize a Contingency Amount of $2,800 for Change Orders to be Approved by the City Manager for a Total Authorization Amount of $31,590. Recommended Action: Award and Authorize. Requested by: Public Works Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Continued Public Hearing — A Continued Public Hearing to Consider Various Actions Pertaining to Site D (a Site Comprised of Approximately 30.36 Acres Located at the Southeast Corner of Brea Canyon Rd. and Diamond Bar Blvd., Diamond Bar, California (Assessors Parcel Numbers '8714-002-900, 8714-002-901, 8714-002- 902, 8714-002-903 and 8714-015-001) Including General Plan Amendment No. 2007-03, Zone Change No. 2007-04, Specific Plan No. 2007-01 ("Site D Specific Plan"), Tentative Tract Map No. 70687, and Consideration of Certification of Environmental Impact Report 2007-02 (SCH No. 2008021014). Recommended Action: Receive Staff Report, Reopen the Public Hearing, Receive Testimony and continue the matter to December 7, 2010. Requested by: Community Development Department November 16, 2010 PAGE 4 COUNCIL CONSIDERATION: None. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: AssaultsHomicide Rape Aggravated 0 a .•/- c ,� 10 9 8 7 6 5 4 3 2 1 O 2007 2oo8 2009 10 9 8 7 6 5 4 3 2 1 ❑c 2007 2008 2009 Assa a `�� Its -Aggravated 100 90 So 70 6o 50 40 30 20 10 O 2007 2008 2009 • a • 30 m io x Zook 20o8 Zoog � t•s �' }�. �'L `� ra 300 9M i 100 Al 2007 2008 2009 620 610 boo 590 58o 570 56o 550 540 2007 2oo8 Zoog . Auto Thefl m 00 2007 2008 1 2009 9 8 7 6 5 4 3 2 1 0 Zoo? 2oo8 2009 Pa-l'at 1 Crimes% Against Personj IM Mol RM Im M IC 2007 2008 2009 OT #iamon* i�aT Y a.$a'Against �,.,.,, r .�L$�. �.-3s 1150 im 950 N • • i • Ei•i 2007 2008 2009 ibo,!M."I"'', r� a �;,,� +%, { �.t� � � ��• 3 ting .,�:,,u �rxn � �` u 1300 1100 S Boo 700 boo 500 400 300 200 loo 0 2007 2oo8 2009 m X-11 : y >\.,����\\a1�� �:� }, ..�>.i «II11 � .\�» � l d\\%2<K \..>>§y\?»K2 :» Z<< �-2 � .20o8?%JJ?»\ 12.7 : -15-57% � \ 02009-2010 \ \ . \ % Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION NOVEMBER 2, 2010 RA F, T STUDY SESSION: M/Herrera called the Study Session to order at 5:15 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Ling -Ling Chang, Ron Everett, Jack Tanaka, Mayor Pro Tom Steve Tye and Mayor Carol Herrera. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Linda Magnuson, Finance Director; David Liu, Public Works Director; Rick Yee, Senior Civil Engineer; Erwin Ching, Assistant Engineer; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst; Ken Desforges, IS Director; Ryan McLean, Assistant to the City Manager; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. Also Present: Traffic and Transportation Commissioners Ken Mok, Leanne Pincher; Kevin House, Jimmy Lin, Loren Bloomberg with CH2M Hill, Steve Brown and Anna Luo with Fehrs & Peers, John Ballas, Wei Koo and Eduardo Pereira, City of Industry and Ben Jong, Los Angeles County Metropolitan Authority. 00. PROJECT UPDATES FOR SR 57/60 INTERCHANGE IMPROVEMENT FEASIBILITY STUDY AND GRAND AVENUE CONFLUENCE PROJECT — Discussion and Action. Following a brief overview, PWD/Liu introduced Loren Bloomberg, with CH2M Hill, who presented the proposed SR 57/60 Interchange Improvement Project concepts with emphasis on traffic issues which included weaving problems when freeways are widened to too many lanes, truck traffic and lack of effective freeway connectors. He stated that several concepts were considered from which the list was narrowed to three alternatives (5, 8 and 10), which he explained in more detail using the Power Point presentation. PWD/Liu indicated that the next step toward moving forward with the project was funding which would be a challenge. The long range transportation plan would cost approximately $475 million; however, that money won't be available until 2023 which means the big fix improvements would not commence until 2029. In the meantime, D.B. is doing everything possible to keep the momentum going to get this project listed in the next Federal transportation bill. Following discussion, Steve Brown, with Fehrs & Peers presented an update on the,Grand Avenue project. He stated that the key aspect of the project is to construct a bypass that takes traffic from the SR60 to Grand Avenue without having to merge with the SR57 traffic before exiting Grand Avenue. This would remove the weaving condition, improve capacity and improve safety. The second aspect is improving the interchange by widening the structure, adding November 2, 2010 Page 2 City Council Study Session additional lanes on the over crossing, adding an onramp, and widening Grand Avenue. Construction on the first phase is scheduled to commence in 2011 and be completed in 2012 with the rest of the project beginning in 2013 and concluding in 2016. PWD/Liu spoke about the funding of the Grand Avenue project and the quest for regional support for future environmental and economic benefits. SCENee showed Council a simulation of the merger of the two freeways and how the bypass would alleviate the weaving condition with the new ramps in place. CM/DeStefano talked about the Lemon Avenue project and how the discussion has focused on "right of way takings" for the ramps and what is being proposed to make those minimal property takings. PWD/Liu said that with Concept A, most of the right of way taking affects the golf course and to a lesser degree, residential properties. CM/DeStefano stated that on the golf course side of the freeway it may require a sliver from the hotel but won't affect the operation of the Ayers Suites. It may require a sliver of property behind the Best Western hotel or the businesses between the Best Western and Diamond Bar Boulevard, but that too will not affect the businesses. Across the street (Chevron, East 180, etc) it picks up pieces of the back of their properties adjacent to the freeway but does not affect the operation of their businesses. On the golf course if will cause the redesign of nine holes of the golf course. At point of construction, nine holes will be shut down and once those nine holes are redesigned and substantial improvements made to the golf course, those nine holes will be reopened. PWD/Liu stated that in order to move the project forward, Council will be asked to take certain actions such as co-op agreements for Grand Avenue and right-of- way issues. Further, it is likely that there will be co-op agreements between D.B. and Caltrans and D.B. and the City of Industry. Additionally, the Council and staff will need to make sure that everyone understands that the City is advocating this project and needs financial help and regional support to get these projects completed. M/Herrera asked how long the engineering studies are good. PWD/Liu responded that the environmental studies are good for 2, 3, 4 years subject to changes that call for updates. It is important that the construction follows the studies. At some point they will require additional environmental studies which could require a significant investment. D.B. will continue to work with Industry to come up with the next level of study and D.B. may have to come back to the City Council for participation in the feasibility study. In addition, staff continues to pursue appropriation requests from congress members., November 2, 2010 Page 3 City Council Study Session M/Herrera said that it was likely that Council and staff would travel to Washington D.C. to again lobby for funds when it appears the transportation bill will receive serious consideration. John Ballas with the City of Industry stated that his City is doing everything it can to move these projects forward. Public Comments: None Offered. ADJOURNMENT: With no further business to discuss, M/Herrera adjourned the Study Session at 6:07 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of CAROL HERRERA, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 2, 2010 DRAFT CLOSED SESSION: 4:30 p.m., Room CC -8 Public Comments on Closed Session Agenda 00. Government Code Section 54957 Public Employee City Manager Performance Evaluation STUDY SESSION: 5:15 p.m., Room CC -8 0o. Project Updates for SR 57/60 Interchange Improvement Feasibility Study and Grand Avenue Confluence Project — Discussion and Action Public Comment: None Offered Study Session recessed at 6:07 p.m. CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Herrera announced that the City Council had met in Closed Session to discuss the City Manager's evaluation and that during the Study Session Council had received an update on the SR57/60 Interchange Improvement Feasibility Study and the Grand Avenue Confluence Project. No action was taken in either matter and no public comments were received. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Lee Bendell gave the invocation. ROLL CALL: Council Members Ling -Ling Chang, Ron Everett, Jack Tanaka, Mayor Pro Tern Steve Tye and Mayor Carol Herrera. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Rick Yee, Senior Civil Engineer; Ryan McLean, Assistant to the City Manager; Christy Murphey, Recreation Supervisor; Anthony Santos, Management Analyst; Marsha Roa, Public Information Manager; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None ? 0", - NOVEMBER 2, 2010 PAGE 2 CITY COUNCIL 3. PUBLIC COMMENTS: Jesse Lantz, D.B. Library Manager, announced a new "Baby Time" reading program for ages 0-12 months held on the first and third Fridays of each month at 10:30 a.m. as well as other programs offered by the Los Angeles County Library. He invited everyone to check with the library on all programs offered. 4. RESPONSE TO PUBLIC COMMENTS: None 5 9 SCHEDULE OF FUTURE EVENTS: 5.1 Eco Expo — November 6, 2010 — 10:00 a.m. to 2:00 p.m. — Pantera Park, 738 Pantera Drive. 5.2 Planning Commission' Meeting — November 9, 2010 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.3 Veteran's Celebration — November 10, 2010 — 9:00 a.m. to 11:00 a.m. — Diamond Bar Center Grand View Ballroom, 1600 Grand Avenue. 5.4 Veteran's Holiday — November 11, 2010 — City Offices closed in observance of Veterans Holiday. City Offices reopen Friday, November 12, 2010 at 7:30 a.m. 5.4 City Council Meeting — November 16, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. CONSENT CALENDAR: C/Chang moved, C/Evereft seconded, to approve the Consent Calendar as presented. Motion carried by the following. Roll Call: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 6.1. CITY COUNCIL MINUTES: Chang, Everett, Tanaka, MPT/Tye, M/Herrera None None 6.1.1 Study Session of October 19, 2010 —Approved as submitted. 6.1.2 Regular Meeting of October 19, 2010 —Approved as submitted. 6.2 PLANNING COMMISSION MINUTES — Regular Meeting of September 28, 2010 - Received and filed. 6.3 RATIFIED CHECK REGISTER Dated October 14, 2010 Through October 27, 2010, Totaling $1,819,733.74. NOVEMBER 2, 2010 PAGE 3 CITY COUNCIL 6.4 AUTHORIZED CITY MANAGER TO EXCEED PURCHASING AUTHORITY OF $25,000 TO EXTEND THE VENDOR SERVICES AGREEMENT WITH ACCESS CONTROL SECURITY, INC. FOR SECURITY SERVICES IN AN AMOUNT NOT TO EXCEED $30,000 FOR FY 2010-11; PLUS, APPROPRIATED $22,700 TO FULLY FUND THE AGREEMENT DURING FY *2010-11 BUDGET. 6.5 ADOPTED ORDINANCE NO. 04(2010): AMENDING IN ITS ENTIRETY CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR MUNICIPAL CODE REGULATION SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. Due to the time, Council Subcommittee Reports/Council Member Comments were brought forward prior to the scheduled Public Hearing. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Everett announced that last week was Red Ribbon Week and that he along with other Council Members attended events at Pantera Elementary, Armstrong Elementary and Diamond Point Elementary. He thanked staff, volunteers and D134 -Youth for a great job with the annual Haunted House and Fall Fun Festival. He invited everyone to participate in the annual Veteran's Recognition on Wednesday, November 10 at the Diamond Bar Center from 9:00 to 11:00 a.m. and the ECO Expo at Pantera Park this coming Saturday, November 6. C/Tanaka also spoke about Red Ribbon Week; the Haunted House and Fall Fun Festival and attending the LA County Fair D.B. Day Community meeting. He congratulated all the students who participated in the Read Together D.B. Challenge and the winners from Susanne Middle School. He also commended the students from the Civics class attending tonight's meeting. C/Chang encouraged everyone to follow her activities on Facebook. She commended teachers and students on a very successful Red Ribbon Week in D.B. She reminded residents that the second forum on the Site D Specific Plan will be held at the V\1VUSD Board meeting on November 9th and thanked everyone who participated in the first forum. She shared her thoughts on the focus group and asked residents to contact her with their thoughts. She announced that the Diamond Bar Community Foundation Fundraising Gala will be held at the Diamond Bar Center on November 13 from 6:00 to 11:00 p.m. and she encouraged everyone to vote.- MPT/Tye hoped residents would not take the voting process for granted and get out and vote and honor the veterans November 11 who fought for the right to vote. There is a lot to do in and hoped residents would participate and support the Diamond Bar Foundation's Gala Fundraiser and DBHS Brahma Foundation's Annual Performing Arts Showcase on Friday, November 19 from 6:30 to 10:00 NOVEMBER 2, 2010 PAGE 4 CITY COUNCIL M/Herrera reiterated that today is Election Day and there are many important issues on the ballot so she hopes everyone will vote. She announced that Foothill Transit received a Federal Grant of $10 million for its electric buses. The entire State received $27 million. Foothill Transit recently began running three electric busses from Pomona to Laverne. With approval by CA/Jenkins, M/Herrera went on to the Public Hearing. 7. PUBLIC HEARINGS: 7:00 p.m. 7.1 ADOPT RESOLUTION NO. 2010-37: CONFIRMING A COST REPORT FOR NUISANCE ABATEMENT COSTS CONCERNING 24236 SPRINGWOOD DRIVE (APN: 8701-013-029) AND ESTABLISHING A SPECIAL ASSESSMENT AND LIEN THEREON. CM/DeStefano introduced Management Analyst Anthony Santos who gave staffs presentation. MA/Santos stated that due to the high maintenance standards of the D.B. community, the act of abating public nuisances by code enforcement staff is a practice that the City rarely engages in. He provided a brief overview of the process and stated that the enforcement process began with a routine code enforcement patrol on April 26, 2010 with issuance of a courtesy notice. Subsequently, a violation notice and courtesy letter were issued. Additionally, enforcement escalated to include the issuance of two citations bringing the total number of notifications to five to date. After giving the property owners a fair chance to take care of the problem and observing the property conditions continuing to deteriorate with no indication that the situation would improve, under his scope of authority, the Community Development Director, declared the property a public nuisance. On July 15, 2010 an Abatement Warrant was secured and a landscape contractor was utilized to clear the overgrown conditions as depicted in his power point presentation. The City is authorized to seek fair compensation for the expenses incurred in performing the abatement. Per the City's Development Code, an effective method for cost recovery is to impose a special assessment on the property that becomes due with the property's tax bill. The assessment before the Council this evening is for the amount of $1,563.86. The purpose of tonight's hearing is to present Council with staffs accounting of the costs incurred by the City excluding attorney's fees; allow the owners to be heard, and ask Council to render a decision whether or not to impose the assessment and if so, to set the amount to be assessed. While the property shows improvement, staff will continue to monitor the property for compliance. Staffs recommendation is that the City Council adopts the resolution to authorize the City to record a special assessment of $1,563.86. The resolution NOVEMBER 2, 2010 PAGE 5 CITY COUNCIL contains a provision giving the owner 10 days to pay prior to the assessment being filed with LA County. MPT/Tye stated that one of the slides appears to show a pool filter and a pool net and yet, there is no indication that a pool had to be emptied. MA/Santos returned to the aerial photo of the property which showed no pool. In fact, the overview shows that the only pool is across the way. MPT/Tye said the property looks improved to the point of the lawn being green and under care. MA/Santos said it appears that someone is taking care of the property. However, staff has been unable to verify whether it is being cared for and if so, who is providing the care. M/Herrera asked if staff planted grass in the front yard. MA/Santos stated that grass had not been planted but that it had rained a couple of weeks ago that could have helped green the lawn. M/Herrera opened the Public Hearing at 7:05 p.m. With no one present who wished to provide testimony, M/Herrera asked if the property owner of 24236 Springwood Drive, Diamond Bar, California, was in the room. No one responded. M/Herrera closed the Public Hearing at 7:06 p.m. MPT/Tye asked staff to again state whether the property owner had time to take care of this obligation prior to a lien being placed on the property. CA/Jenkins responded in the affirmative. MPT/Tye asked for the time frame. CA/Jenkins reiterated that the property owner would be given 10 days notice before a lien was filed. C/Everett moved, C/Tanaka seconded, to adopt Resolution No. 2010-37: Confirming a Cost Report for Nuisance Abatement Costs concerning 24286 Springwood Drive (APN: 8701-013-029) and establishing a Special Assessment and Lien thereon. Motion carried by the following Roll Call vote: NOVEMBER 2, 2010 PAGE 6 CITY COUNCIL AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: None 9. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 7:07 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 12010 CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6-2 Meeting Date: November 16, 2010 AGENDA REPORT FROM: James DeStefano, City Man TITLE: Ratification of Check Register date October 28, 2010 through November 9, 2010 totaling $ 535,847.06. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 535,847.06 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 28, 2010 through November 9, 2010 for $ 535,847.06 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. Linda G. Magnuson Finance Director Z�� b jAA-a7-i I Finance t4bctor Assistant City Manager Attachments: Affidavit and Check Register — 10/28/10 through 11/09/10. yam The attached listings of demands, invoices, and claims in the form of a check register including checks dated October 28'201Othrough November 9.2010 has been audited and iGcertified @Saccurate. Payments have been allowed from the following funds iD these amounts: Description Amount General Fund $428,229.22 Com C]rgSupport Fund $1.850.00 PnopA-Tronait Fund 6.213.06 PnopC-TraneitTaxFund 73.966.00 Integrated Waste Mgt Fund 10.243.63 Com DaxBlock Grant Fund 1.301.85 LLAD38Fund 1,048.76 LLAD3QFund 334.22 LLAD41 Fund 298.00 Energy Efficiency B|hGrtFnd 4.380.00 Capital Imp Projects Fund 7.872.14 Finance Director City of Diamond Bar - Check Register 10/28/10 thru 11/09/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/28/2010 10 -PP 22 PAYROLL TRANSFER P/R TRANSFER-10/PP 22 112 10200 4,693.57 $174,701.21 10/28/2010 91920 PAYROLL TRANSFER P/R TRANSFER-10/PP 22 113 10200 4,920.14 $121.75 10/2812010 PAYROLL TRANSFER P/R TRANSFER-10/PP 22 115 10200 4,397.16 10/28/2010 91921 PAYROLL TRANSFER P/R TRANSFER-10/PP 22 125 10200 1,301.85 $288.00 10/28/2010 PAYROLL TRANSFER P/R TRANSFER-10/PP 22 001 10200 159,388.49 10/28/2010 1 91919 ACCESS CONTROL SECURITY SECURITY SVCS -DBC 1 0015333 1 45010 1 930.15 $930.15 10/28/2010 CPSRPTC CPRS CONF-KNOX 0015350 42330 339.00 10/28/2010 1 91920 JACRO PRINTING INC PRINT SVCS -COMM SVCS 0015350 1 42110 1 121.75 $121.75 10/28/2010 CPSRPTC CPRS CONF-TARAZON 0015350 42330 339.00 10/28/2010 1 91921 JAGI ACADEMY CORP ICONTRACT CLASS -FALL 0015350 1 45320 288.00 $288.00 10128/2010 9 1922 A LBERTSONS SUPPLIES -EXCURSION 0015350 45310 25.94 $25.94 10/28/2010 91923 BEE REMOVERS BEE REMOVAL -702 LYONWOOD 1385538 42210 125.00 $125.00 10/28/2010 91924 BENESYST 10/29/10-P/R DEDUCTIONS 001 1 21105 1 722.01 $722.01 10/28/2010 91925 BIOSENSE WEBSTER RECREATION REFUND 001 36615 400.00 $400.00 10/28/2010 1 91926 JOHN E BISHOP CONTRACT CLASS -FALL 0015350 45320 1 735.00 $735.00 10/28/2010 91927 KRISTINE BOWEN FACILITY REFUND -DBC 001 23002 1 100.00 $100.00 10/28/2010 91928 BURGER CONTINENTAL FOOD SR HALLOWEEN DANCE 0015350 45300 932.88 $932.88 10/28/2010 91929 CASH CHANGE -FALL FUN FESTIVAL 001 1 34720 1 200.00 $200.00 10/28/2010 91930 LANCE CHEN RECREATION REFUND 001 34780 1 86.00 $86.00 10/28/2010 91931 CPSRPTC CPRS CONF-BATSON 0015350 42330 339.00 $1,356.00 10/28/2010 CPSRPTC CPRS CONF-KNOX 0015350 42330 339.00 10/28/2010 CPSRPTC CPRS CONF-MEYERS 0015350 42330 339.00 10/28/2010 CPSRPTC CPRS CONF-TARAZON 0015350 42330 339.00 10/28/2010 91932 CPSRPTC JCPRS CONF-GRUNDY 0015310 1 42330 1 339.00 $1,695.00 City of Diamond Bar - Check Register 10/28/10 thru 11/09/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10(28(2010 91932... CPSRPTC CPRS CONF-OWENS 0015310 42330 339.00 $1,695.00 ... 10/28/2010 91934 CPSRPTC CPRS CONF-HERNDON 0015310 42330 339.00 $112.86 10/28/2010 CPSRPTC CPRS CONF-LIANG 0015310 42330 339.00 10/28(2010 91935 CPSRPTC CPRS CONF-ROBERTO 0015310 42330 339.00 $115.20 10128!2010 91933 DAY & NITE COPY CENTER PRINT SVCS-P/WORKS 0015510 42110 93.01 $93.01 10/28(2010 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 88.20 10/28/2010 91934 DAY LITE MAINTENANCE CO INC IDISPOSAL FEE -OCT 2010 0014093 1 42210 112.86 $112.86 10/28/2010 91935 IDOG DEALERS INC ICONTRACT CLASS -FALL 0015350 1 45320 115.20 $115.20 10/2812010 91936 IFRED DURAN ENTERTAINMENT-SCH DANCE 0015350 1 45300 1 93.00 $250.00 10(28/2010 1 91937 ERWIN O CHING REIMB-TUITION 0015510 42340 360.00 $360.00 10/28/2010 91938 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 33.86 $243.83 10/28(2010 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 88.20 10/28/2010 91940 FEDEX EXPRESS MAIL -FPL 10-379 001 23010 121.77 $3,375.00 10/28(2010 1 91939 GATEWAY CORPORATE CENTER ASSOC ASSOCIATION DUES-NEW,C 0014093 42210 1,78 5.00 $1,785.00 10/28/2010 1 91940 IGO LIVE TECHNOLOGY INC PROF.SVCS-C/VIEW 10(22 001 1 23005 1 3,375.001 $3,375.00 F10!28!2010 91941 H2O PRESSURE WASHING INC NIA INT -DBC 0015333 42210 100.00 $100.00 10/28/2010 91942 DOHA HINDS RECREATION REFUND 001 34720 1 93.00 $93.00 10128/2010 91943 MOHAMAD R JAHANVASH CONTRACT CLASS -FALL 0015350 45320 180.00 $180.00 10/28/2010 91944 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS-NOV 2010 1 0014030 1 44000 1 3,000.00 $3,000.00 10/28(2010 91945 JOHN L HUNTER & ASSOC. INC PROF.SVCS-NPDES SURVEY 0015510 44240 1 1,053.00 $1,053.00 10/28/2010 91946 RUTH HUIJSER IFACILITY REFUND-SYC CYN 001 23002 1 50.00 $50.00 10/28/2010 91947 KEEP AMERICA BEAUTIFUL INC PRO SUPPLIES -BOOKS 1 1155515 41400 1 389.00 $389.00 Page 2 City of Diamond Bar - Check Register 10/28/10 thru 11/09/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount Total Check Amount 10/28/2010 91948 KENS HARDWARE LED LIGHTS -PROMO 1565610 41200 1 4,390.001 $4,390.00 10/28/2010 1 91949 GABRIELA KLEIN CONTRACT CLASS -FALL 1 0015350 1 45320 1 1,728.00 $1,728.00 10/28/2010 91950 LANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-SEPT 2010 1 0015558 1 45503 1 1,982.76 $1,982.76 10/28/2010 1 91957 IFARIDA MAHMOOD IFACILITY REFUND -DBC 001 23002 350.00 $350.00 10/28/2010 91951 LAUREL A MEYER REIMB-CPRS SYMPOSIUM 0015350 1 42325 10.00 $10.00 10/28!2010 91952 FELICITAS LOPEZ FACILITY REFUND -DBC 001 23002 500.00 $495.00 10/28/2010 FELICITAS LOPEZ FACILITY CHRGS-DBC 001 36810 1,075.15 10/28/2010 1 91953 LOS ANGELES COUNTY PUBLIC WORKS TRAFFIC SIGNAL MAINT-JUN 1 0015554 45507 194.12 $194.12 10/28/2010 91954 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -SEPT 2010 0014411 45402 8,053.03 $9,128.18 10/28/2010 LOS ANGELES COUNTY SHERIFF'S DEPT. BACKFILL TRNG-SEPT 2010 0014411 45402 1,075.15 10/28/2010 91955 LOWE'S BUSINESS ACCOUNT LOWE'S BUSINESS ACCOUNT SUPPLIES -PARKS SUPPLIES -HAUNTED HOUSE 0015340 0015350 41200 41200 96.54 574.36 $670.90 10/28/2010 10/28/2010 10/28/2010 91956 BECKY LUU RECREATION REFUND 1 001 34780 50-001$50.00 $18,019.19 10/28/2010 10/28/2010 10/28/2010 10/28/2010 1 91957 IFARIDA MAHMOOD IFACILITY REFUND -DBC 001 23002 350.00 $350.00 10/28/2010 91958 MANAGED HEALTH NETWORK NOV 2010 -EAP PREMIUMS 1 001 j 21115 1 160.16 $160.16 10!2812010 91959 MCCOY MILLS FORD MAINT-POOL VEH 0014090 42200 164.22 $164.22 10/28!2010 91960 MCE CORPORATION MCE CORPORATION MCE CORPORATION RIGHT-OF-WAY MAINT-SEPT ROAD MAINT-SEPT 2010 VEGETATION CNTRL-SEPT 0015554 0015554 0015558 45522 45502 45508 1,372.53 7,993.60 8,653.06 $18,019.19 10/28/2010 10/28/2010 10/28/2010 10/28!2010 91961 JALFREDO MEDINA FACILITY REFUND -HERITAGE 001 23002 200.00 $200.00 10/28/2010 91962 MERCURY DISPOSAL SYSTEMS INC IRECYCLING FEES -AUG 2010 1155515 44000 921.79 $921.79 10/28/2010 91963 KHALID NASIM FACILITY REFUND -DBC 001 23002 100.00 $100.00 Page 3 City of Diamond Bar - Check register 10/28/10 thru 11/09/10 PERS RETIREMENT FUND PERS RETIREMENT FUND PERS RETIREMENT FUND RETIRE CONTRIB-ER RETIRE CONTRIB-EE SURVIVOR BENEFIT 001 001 001 Vendor Name Transaction Description Fund! Dept Acct # Amount Total Check Amount Check Date Check Number OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC SUPPLIES-CMGR SUPPLIES -CMG SUPPLIES -FINANCE SUPPLIES -HIR SUPPLIES-H/R SUPPLIES-I.T. SUPPLIES -GENERAL SUPPLIES -GENERAL SUPPLIES -GENERAL SUPPLIES -GENERAL SUPPLIES -GENERAL SUPPLIES -GENERAL SUPPLIES -GENERAL SUPPLIES -GENERAL SUPPLIES -GENERAL SUPPLIES -GENERAL 0014030 0014030 0014050 0014060 0014060 0014070 0014090 0014090 0014090 0014090 0014090 0014090 0014090 0014090 0014090 0014090 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 89.49 9.12 33.21 9.12 13.47 52.70 30.36 266.55 15.32 5.19 226.78 391.08 20.74 5.60 274.61 8.91 $1,452.25 10!28!2010 10/28/2010 10/28/2010 10/28/2010 10/28/2010 10/28/2010 10/28/2010 10128/2010 10/28/2010 10/28/2010 10/28/2010 1012812010 10/28/2010 10/28/2010 10/28/2010 10/28/2010 91964 SARAH PARRY SARAH PARRY FACILITY REFUND -DBC FACILITY CHRGS-DBC 001 001 23002 36615 600.00 -82.50 $517.50 10/28/2010 10/28/2010 91965 10/28/2010 1 91966 JHARKIKA PATEL IFACILITY REFUND -DBC 001 23002 1 500.001 $500.00 10/28/2010 91967 MARIA PAZ IFACILITY REFUND -DBC 001 23002 1 350.001 10/28/2010 91969 CHINNA PONNAGANTI FACILITY REFUND-PANTERA 001 23002 50.00 $50.001 10!28/2010 10/28/2010 10/28/2010 91970 1PROFORMAELEMEN1 I RECYCLED ITEMS -GIVEAWAYS 1155515 41400 2,230.98 $2,230.98 PERS RETIREMENT FUND PERS RETIREMENT FUND PERS RETIREMENT FUND RETIRE CONTRIB-ER RETIRE CONTRIB-EE SURVIVOR BENEFIT 001 001 001 21109 21109 21109 15,545.17 11,169.94 47.43 $26,762.54 91971 10/28/2010 10/28/2010 10/28/2010 91968 10/28/2010 91969 CHINNA PONNAGANTI FACILITY REFUND-PANTERA 001 23002 50.00 $50.001 10!28/2010 10/28/2010 10/28/2010 91970 1PROFORMAELEMEN1 I RECYCLED ITEMS -GIVEAWAYS 1155515 41400 2,230.98 $2,230.98 Page 4 R F DICKSON COMPANY INC R F DICKSON COMPANY INC ST SWEEPING SVCS-SEPT/OCT DEBRIS DIVERSION -SEPT 0015554 1155515 45501 45500 9,916.90 2,272.38 $12,189.28 91971 Page 4 City of Diamond Bar - Check Register 10/28/10 thru 11/09/10 10/28/2010 91977 10/28/2010 CALIFORNIA EDISON CALIFORNIA EDISON ELECT SVCS -TRAFFIC ELECT SVCS -DIST 38 0015510 1 42126 525.01 $548.09 1385538 1 42126 1 23.08 Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount Check Date 10/28/2010 91972 REGIONAL CHAMBER OF COMMERCE SERVICE CONTRACT-NOV 10 0014096 45000 1,000.00 $1,000.00 10/28/2010 91977 10/28/2010 CALIFORNIA EDISON CALIFORNIA EDISON ELECT SVCS -TRAFFIC ELECT SVCS -DIST 38 0015510 1 42126 525.01 $548.09 1385538 1 42126 1 23.08 91973 REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-SEPT 10015554 1 45507 1 4,028.14 $4,028.14 10/28/2010 91974 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 972.23 $972.23 10/28/2010 91975 1 KATHY SALATA CONTRACT CLASS -FALL 0015350 45320 1 200.00 $64.80 10/28/2010 10/28/2010 91976 ISO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL NOV 10 1 0014090 1 42140 22,416.451 $22,416.45 10/28/2010 10/28/2010 91977 10/28/2010 CALIFORNIA EDISON CALIFORNIA EDISON ELECT SVCS -TRAFFIC ELECT SVCS -DIST 38 0015510 1 42126 525.01 $548.09 1385538 1 42126 1 23.08 Page 5 91978 ISPARKLE17S SPARKLETTS WATER SUPPLIES-C/HALL EQ RENTAL-C/HALL 0014090 0014090 41200 1 42130 180.85 1 10.75 $191.60 10/28/2010 10/28/2010 Page 5 91979 STANDARD INSURANCE OF OREGON STANDARD INSURANCE OF OREGON STANDARD INSURANCE OF OREGON NOV 10 -LIFE INS PREMS NOV 10-SUPP LIFE PREMS NOV 10-STD/LTD 001 001 001 21106 21106 21112 1,866.17 252.00 1,177.61 $3,295.78 10/28/2010 10/28/2010 10/28/2010 Page 5 91980 DENISE STEPHENS FACILITY REFUND-SYC CYN 001 23002 50.00 $50.00 10/28/2010 91981 RIC TEIXEIRA FACILITY REFUND -DBC 001 23002 1 500.92 $500.00 10/28/2010 91982 YOLANDA TERRAZAS FACILITY REFUND-SYC CYN 001 23002 200.00 $200.00 10/28/2010 1 Page 5 91983 1 TSIGHEREDA TESFAHUNEI TSIGHEREDA TESFAHUNEI FACILITY REFUND-SYC CYN FACILITY CHRGS-SYC CYN 001 001 23002 36615 500.00 -344.00 $156.00 10/28/2010 10/28/2010 Page 5 91984 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-B/CYN DRAINAGE 0015510 42115 169.46 $169.46 10/28/2010 91985 THE SAUCE CREATIVE SERVICES SIGNS -HAUNTED HOUSE 0015350 45300 500.92 $500.92 10/28/2010 91986 ITIME WARNER IMODEM SVCS -HERITAGE 0015340 42126 116.Oi $116.01 10/28/2010 10/28/2010 91987 ITRANE SERVICE GROUP INC HVAC SVCS -DBC OCT -DEC 0015333 J 45300 1 946.00 $946.00 Page 5 Check Date 10/28/2010 10/28/2010 City of Diamond Bar - Check Register 10/28/10 thru 11/09/10 Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 91988 VALLEY CREST LANDSCAPE MAINT INC VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC OCT LANDSCAPE MAINT-PARKS 0015333 0015340 45300 45300 5,645.47 24,604.11 $30,249.58 10/28/2010 91989 VANTAGEPOINT TRNSFR AGNTS-303248 10/29/10-P/R DEDUCTIONS 001 1 21108 4,777.54 $4,777.54 STATE BOARD OF EQUALIZATION JUL-SEPT 10 USE TAX DUE 001 20710 1 113.781 ADVANTEC CONSULTING ENGINEERS INC 10128/2010 91990 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 1 42125 76.53 1$76.53 PROF.SVCS-EN 09-657 001 23012 380.00 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE -EN 09-657 001 10/28/2010 91991 IVISION SERVICE PLAN NOV 2010 -VISION PREMIUMS 001 1 21107 1,192.11 $1,192.11 -102.60 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 10-703 001 23010 390.00 10!28/2010 91992 WARREN SIECKE TRFFC ENG SVCS -SEPT 2010 0015510 45221 465.50 $465.50 10/28/2010 1 91993 WAXIE SANITARY SUPPLY SUPPLIES -DBC 1 0015333 41200 940.89 $940.89 10/28/2010 91994 WELLDYNERX SHARPS SVCS -SEPT 2010 1 1155515 1 44000 32.32 $32.32 10/28/2010 91995 THERESA WINECKI CONTRACT CLASS -FALL 0015350 45320 744.00 $744.00 10/28/2010 1 91996 JAMES WRIGHT FACILITY REFUND-REAGAN 001 23002 50.0 $$50.00 10!29/2010 91997 ISUNSHINE SENIORS ASSOCIATION COMM ORG SUPPORT FUND 0114010 1 42355 1,000.00 $1,000.00 11/1/2010 I 91998 11/1/2010 1 1 2010 11/1/2010 CHANGE -TRANSIT CHANGE-B/S, FINANCE 112 10110 001 1 10110 $600.00 91999 STATE BOARD OF EQUALIZATION JUL-SEPT 10 SALES TAX DUE 001 36650 34.22 $148.00 1 STATE BOARD OF EQUALIZATION JUL-SEPT 10 USE TAX DUE 001 20710 1 113.781 11/4/2010 1 92000 JACCESS CONTROL SECURITY SECURITY SVCS -DBC OCT 1 0015333 1 45010 787.051 $787.05 11/4/2010 11/4/2010 11/412010 11/4/2010 11!4!2010 11/4/2010 1114/2010 92001 ADVANTEC CONSULTING ENGINEERS INC TRFFC. ENG SVCS -SEPT 2010 0015551 45222 2,170.00 $5,750.00 ADVANTEC CONSULTING ENGINEERS INC CONTRUCTION-PATHFINDER 0015551 45222 1,100.00 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 09-657 001 23012 570.00 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 09-657 001 23012 380.00 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE -EN 09-657 001 23012 102.60 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE -EN 09-657 001 34650 -102.60 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 10-703 001 23010 390.00 Page 6 City of Diamond Bar - Check Register 10/28/10 thru 11/09/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/4/2010 92001... ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE -EN 10-703 001 23012 70.20 $5,750.00 ... 11/412010 92007 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE -EN 10-703 001 34650 -70.20 $24.00 11/4/2010 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE -EN 09-657 001 23012 68.40 11/4/2010 92008 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE -EN 09-657 001 34650 -68.40 $186.58 11!4/2010 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 10-704 001 23012 1,140.00 11!4/2010 92009 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE -EN 10-704 001 23012 205.20 11/4/2010 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE -EN 10-704 001 34650 -205.20 11/4/2010 1 92002 MINA ARAGON FACILITYREFUND-PANTERA 001 23002 1 $100.00 11!4!2010 92003 ARROWHEAD EQ RENTAL -DBC 0015333 42130 12.06 $54.80 11(4(2010 ARROWHEAD WATER SUPPLIES -DBC 0015333 41200 42.74 11(4/2010 92004 AT & T PH.SVCS-GENERAL 0014090 42125 39.15 $68.88 11(4(2010 AT & T PH.SVCS-GENERAL 0014090 42125 29.73 11!4!2010 92005 AT&T MOBILITY CELL CHRGS-CMGR 0014030 42125 53.09 $75.05 11/4/2010 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 10.98 11/4/2010 92007 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 10.98 $24.00 11/4(2010 92006 ABIRAMI BASKARAPANDIAN FACILITY REFUND -DBC 001 23002 50.00 $50.00 11!412010 I 92007 JOHN E BISHOP CONTRACT CLASS -FALL 0015350 45320 24.00 $24.00 11!4!2010 92008 BURGER CONTINENTAL DINNERS -SR DANCE 0015350 45300 186.58 $186.58 11/412010 92009 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES -C KNOX 1 0015350 42315 1 140-001$140.00 11/412010 92010 CALIFORNIA BUILDING STANDARDS COMM BLDG STD ADMIN FEES -SEPT 001 34355 200.001 $200.00 11/4!2010 92011 CALIFORNIA COACH AUTO BODY MAINT SVCS -COMM SVCS 1 0015310 42310 1 150.00 $150.00 11/4/2010 92012 CANDLELIGHT PAVILION DINNER THEATER VIPATROL RECOGNITION 0014415 42325 100.00 $100.00 11/4/201092013 CONSTANCE J. LILLIE CONTRACT CLASS -FALL 0015350 45320 168.00 $168.00 Page 7 City of Diamond Bar - Check Register 10/28/10 thru 11/09/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/4/2010 92014 CUMMINS ALLISON CORP ANNL MAINT-CK PERFORATOR 0014090 1 42200 1 398.081 $398.08 11/4/2010 92015 DELTA DENTAL NOV 2010 -DENTAL PREMIUMS 001 21104 1 3,243.331 $3,243.33 11/4/2010 IDIVERSIFIED PARATRANSIT INC DIAMOND RIDE SVCS -AUG 10 1135553 45529 33,939.95 11/412010 1 92016 ICAROL DENNIS PROF.SVCS-SSlCC MTG 0014030 44000 175-001 $175.00 11/4/2010 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 203.70 11/4/2010 92017 DIAMOND BAR COMMUNITY FOUNDATION HOLIDAY GALA-NOV 2010 1 0114010 1 42355 850.00 $850.00 11/4/2010 92018 IDIVERSIFIED PARATRANSIT INC DIAMOND RIDE SVCS-JUL 10 1135553 45529 35,106.00 $69,045.95 11/4/2010 IDIVERSIFIED PARATRANSIT INC DIAMOND RIDE SVCS -AUG 10 1135553 45529 33,939.95 11/4/2010 92019 FRED DURAN ENTERTAINMNT-SCH DANCE 0015350 45300 250.001 $250.00 11/4/2010 92020 MARK EPSTEIN FACILITY REFUND -DBC 001 23002 350.00 $760.00 11/412010 MARK EPSTEIN FACILITY REFUND -DBC 001 23002 150.00 111412010 92023 MARK EPSTEIN FACILITY REFUND -DBC 001 36615 260.00 $126.00 11/4/2010 92021 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 180.00 $1,532.99 11/4/2010 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 130.52 11/412010 92023 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 720.68 $126.00 11/4/2010 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 203.70 11!4/2010 EXCEL LANDSCAPE ADDL MAINT-DIST 41 1415541 42210 298.09 11/4!2010 92022 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 204.99 $204.99 11/4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 02-342 001 34650 -21.56 11/4/2010 92023 ESMERALDA GONZALEZ CONTRACT CLASS -FALL 0015350 1 45320 1 126.00 $126.00 11/4/2010 92025 HALL & FOREMAN, INC. PROF.SVCS-EN 02-342 001 23012 86.25 $4,830.29 11/4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 02-342 001 34650 -21.56 11/4/2010 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 R45223 586.13 11/4/2010 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 58.59 11/4/2010 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 45227 42.34 11/4!2010 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 176.67 11/4/2010 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 45227 96.91 11/4/2010 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015510 45227 510.90 11/4/2010 IHALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 45227 191.25 City of Diamond Bar Check Register 10/28/10 thru 11/09/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/4/2010 92025... HALL & FOREMAN, INC. ADMIN FEE -EN 10-669 001 23012 93.75 $4,830.29 ... 11/4/2010 92027 HALL & FOREMAN, INC. ADMIN FEE -EN 10-669 001 34650 -93.75 $650.00 11/4/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 07-555 001 23012 1,351.25 11/4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 07-555 001 23012 337.81 11/4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 07-555 001 34650 -337.81 11/4/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 10-695 001 23012 375.00 11/4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 10-695 001 23012 93.75 11/4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 10-695 001 34650 -93.75 11!4/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 10-669 001 23012 225.00 11/4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 10-669 001 23012 56.25 11/4!2010 HALL & FOREMAN, INC. ADMIN FEE -EN 10-669 001 34650 -56.25 11/4/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 09-663 001 23012 230.00 11!4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 09-663 001 23012 57.50 11/4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 09-663 001 34650 -57.50 11/4!2010 HALL & FOREMAN, INC. PROF.SVCS-EN 10-686 001 23012 150.00 11!4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 10-686 001 23010 37.50 11/4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 10-686 001 34650 -37.50 11/4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 02-342 001 23012 21.56 11/4/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 02-324 001 23012 375.00 11/4!2010 HALL & FOREMAN, INC. ADMIN FEE -EN 02-324 001 23012 93.75 11/4/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 02-324 001 34650 -93.75 11/4/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 10-669 001 23012 375.00 11/4/2010 92026 CAROLYN HARRIS FACILITY REFUND -PETERSON 001 23002 50.00 $50.00 11/412010 THINDERLITER, HINDERLITER, DE LLAMAS & ASSOCIATES AUDIT SVCS -SALES TAX 2ND 0014090 44010 4,198.04 11/4!2010 92027 JESSICA HERRERA FACILITY REFUND -DBC 001 23002 650.00 $650.00 11/4!2010 92028 DE LLAMAS & ASSOCIATES CONTRACT SVCS -4TH QTR 0014090 44010 1 900.00 $5,098.04 11/412010 THINDERLITER, HINDERLITER, DE LLAMAS & ASSOCIATES AUDIT SVCS -SALES TAX 2ND 0014090 44010 4,198.04 11/4/201092029 CASAUNDRA HUNT FACILITY REFUND-PANTERA 001 23002 100.00 $100.00 11/4/2010 92030 INLAND EMPIRE STAGES TRANS -EXCURSION CASINO 1125350 45310 749.49 $871.50 1114/2010 INLAND EMPIRE STAGES 1EXCURSION-HARRAH'S CASINO 0015350 45310 122.01 Page 9 ee/4/2nsn o2naa City of Diamond Bar - Check Register 10/28/10 thru 11/09/10 PROF.SVCS-EN 10-692 ADMIN FEE -EN 10-692 ADMIN FEE -EN 10-692 PROF.SVCS-EN 10-699 ADMIN FEE -EN 10-699 ADMIN FEE -EN 10-699 PROF.SVCS-EN 05-490 ADMIN FEE -EN 05-490 ADMIN FEE -EN 05-490 001 001 001 001 001 001 001 001 001 23012 23012 34650 23012 23012 34650 23012 23012 34650 198.00 35.64 -35.64 1,604.48 288.81 -288.81 370.00 66.60 -66.60 $2,172.48 11/4/2010 11/4/2010 11/4/2010 11/4/2010 11/4/2010 11/4/2010 11/4/2010 11/4/2010 11/4/2010 92037 HYANG RAHN LIM IRECREATION REFUND 1 001 34740 79.001 Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 001 Check Date Check Number $60.00 11/4/2010 INLAND VALLEY DAILY BULLETIN LEGAL AD-B/CYN PROJ 0015510 42115 166.00 $166.00 $150.00 11/4/2010 92031 IDORA LONYAI CONTRACT CLASS -FALL 0015350 45320 I 712.80 $712.80 11/4/2010 92043 11/4/2010 92032 JUST TIRES VEH MAINT-COM DEV 0015310 42310 21.05 $21.05 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-AUG 10 0015340 42210 894.75 11/4/2010 11/4/2010 11/4/2010 92033 92034 KASA CONSTRUCTION KASA CONSTRUCTION KIDS CAN DO GYMNASTICS CONSTRUCTION -PATHFINDER RETENTION PAYABLE CONTRACT CLASS -FALL 2505510 250 0015350 R46420 20300 1 45320 8,857.93 885.79 558.00 $7,972.14 $558.00 11/4/2010 92035 ILA HABRA FENCE CO INC IGATE REPAIR-PANTERA PK 1 0015340 1 42210 15.30 $15.30 11/4/2010 92036 LANCE SOLL & LUNGHARD LLP PROF SVCS -AUDITING 1 0014050 1 44010 13,000.00 $13,000.00 ee/4/2nsn o2naa LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON &ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. ILEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 10-692 ADMIN FEE -EN 10-692 ADMIN FEE -EN 10-692 PROF.SVCS-EN 10-699 ADMIN FEE -EN 10-699 ADMIN FEE -EN 10-699 PROF.SVCS-EN 05-490 ADMIN FEE -EN 05-490 ADMIN FEE -EN 05-490 001 001 001 001 001 001 001 001 001 23012 23012 34650 23012 23012 34650 23012 23012 34650 198.00 35.64 -35.64 1,604.48 288.81 -288.81 370.00 66.60 -66.60 $2,172.48 11/4/2010 11/4/2010 11/4/2010 11/4/2010 11/4/2010 11/4/2010 11/4/2010 11/4/2010 11/4/2010 92037 ee/4/2nsn o2naa nAVln Ll CILITY REFUND -DBC 001 23002 550.001 $550.001 11/4/2010 92039 HYANG RAHN LIM IRECREATION REFUND 1 001 34740 79.001 $79.00 11/4/2010 92040 JHSUN LIU IRECREATION REFUND 001 34780 60.00 $60.00 11/4/2010 92041 ILONG STUDIOS PHOTOGRAPHY SVCS-F/FSTVL 0014095 .1 42112 1 150.00 $150.00 11/4/2010 9201 IDORA LONYAI CONTRACT CLASS -FALL 0015350 45320 I 712.80 $712.80 11/4/2010 92043 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-JUL 10 0015340 42210 1,154.74 $2,049.49 11/4/2010 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-AUG 10 0015340 42210 894.75 Page 10 City of Diamond Bar - Check Register 10/28/10 thru 11/09/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/4!2010 11/4/2010 92044 MAIN STREET TOURS MAIN STREET TOURS TRANS -JULIAN APPLE HRVST EXCURSION -APPLE HARVEST 1125350 0015350 45310 45310 720.00 1,080.00 $1,800.00 11/4/2010 92045 MD NEWS FUN FESTIVAL 0014095 42115 150.00 $450.00 11!4/2010 1 IMDNEWS JAD-FALL AD -PHOTO CONTEST 0014095 42115 300.00 11/4/2010 92046 MOBILE RELAY ASSOCIATES INC REPEATER SVCS-NOV 2010 0014440 1 42130 1 78.75 $78.75 11/4!2010 1 NINYO & MOORE INC ADMIN FEE -EN 10-698 001 23012 747.14 11/4/2010 92047 LIEN NGUYEN RECREATION REFUND 001 34780 65.00 $65.00 11!4!2010 92048 NINYO & MOORE INC PROF.SVCS-EN 10-698 001 23012 4,150.75 $4,150.75 11/4!2010 1 NINYO & MOORE INC ADMIN FEE -EN 10-698 001 23012 747.14 11/4/2010 92054 NINYO & MOORE INC ADMIN FEE -EN 10-698 001 34650 -747.14 $1,957.00 11/4/2010 92049 PAETEC COMMUNICATIONS INC. LONG DIST SVCS-SEPT/OCT 0014090 42125 839.95 $839.95 11/412 0 1 0 1 IREINBERGER REINBERGER PRINTWERKS PRINT SVCS -OT FORMS 0014050 42110 187.67 1114/7 92054 POMONA JUDICIAL DISTRICT PARKING CITE ADMIN -SEPT 1 001 32230 1,957.00 $1,957.00 11/412010 92051 DEANNA PRADA FACILITY REFUND-SYC CYN 001 23002 50.00 $50.00 11/4/2010 92052 PRINTWERKS PRINT SVCS -BUS CARDS 0014095 42110 214.01 $401.68 11/412 0 1 0 1 IREINBERGER REINBERGER PRINTWERKS PRINT SVCS -OT FORMS 0014050 42110 187.67 11/4/2010 1 92053 SCHORR METALS INC SUPPLIES-F/FUN FESTIVAL 0015350 1 41200 1 12.60 $12.60 11/4/2010 1 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 438.93 11/4/2010 1 92054 ISCMAF MTG-REC STAFF 0015350 1 42325 145.00 $145.00 11/4/2010 92055 MICHAEL SHULL RECREATION REFUND 001 1 34780 245.00 $245.00 11/4/2010 92056 SOUTHERN CALIFORNIA EDISON ELECT SVCS TRFFC CONTROL 0015510 42126 159.03 $597.96 1 1 11/4/2010 1 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 438.93 11/4/2010 1 92057 ITENNIS ANYONE 1CONTRACT CLASS -FALL 0015350 45320 1 4,511.50 $4,511.50 11/4/2010 92058 THE BASHFUL BUTLER LLC VET RECOG B/FAST-11/10 0015350 45300 1,317.00 $1;317.00 11/4!2010 92059 THE RONGBRANCH RESTAURANT [EXCURSION -LUNCHEON 0015350 45310 1,564.00 $1,564.00 Page 11 Check Date j Check Number City of Diamond Bar - Check Register 10/28/10 thru 11/09/10 Vendor Name Transaction Description Fund/ Dept I Acct # ( Amount Notal ChecK Amount 11!4/2010 92067 PAUL WRIGHT AIV SVCS-C/CNCL, PLNG 1 0014090 1 44000 250.00 $250.00 10/28/2010 W!T 0147 UNION BANK OF CALIFORNIA, NA LEASE PAYMNT NOV 2010 0014090 42140 29,404.31 $29,404.31 $535,847.06 Page 12 92060 TIME WARNER MODEM SVCS -COUNCIL 0014010 1 42130 1 48.99 $48.99 11!4/2010 11/4/2010 92061 ITNT PRINTING PRINT SVCS -COMM SVCS 0015350 42110 1 535.33 $535.33 11/4/2010 92062 UNITED STATES POSTAL SERVICE POSTAGE -STANDARD MAIL 0014095 42120 9,000.001 $9,000.00 11/4/2010 11!4/2010 92067 PAUL WRIGHT AIV SVCS-C/CNCL, PLNG 1 0014090 1 44000 250.00 $250.00 10/28/2010 W!T 0147 UNION BANK OF CALIFORNIA, NA LEASE PAYMNT NOV 2010 0014090 42140 29,404.31 $29,404.31 $535,847.06 Page 12 92063 VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS CELL CHRGS-CMGR CELL CHRGS-EOC CELL CHRGS-EOC CELL CHRGS-DESFORGES CELL CHRGS-AZIZ CELL CHRGS-SASD MODEM 0014030 0014440 0014090 0014070 0014070 0014411 42125 42125 42125 42125 42125 42125 110.13 57.48 9.70 45.01 45.01 45.01 $312.34 11/4/2010 11/4/2010 11/4/2010 11/4/2010 11/412010 11/4/2010 11!4/2010 92067 PAUL WRIGHT AIV SVCS-C/CNCL, PLNG 1 0014090 1 44000 250.00 $250.00 10/28/2010 W!T 0147 UNION BANK OF CALIFORNIA, NA LEASE PAYMNT NOV 2010 0014090 42140 29,404.31 $29,404.31 $535,847.06 Page 12 92064 RAVI VERMA IFACILITY REFUND-PANTERA 001 1 23002 50.00 $50.00 11/4/2010 11/4/2010 92065 W.W. GRAINGER INC. SUPPLIES -PARKS 0015340 42210 162.95 $162.95 11!4!2010 11!4/2010 92067 PAUL WRIGHT AIV SVCS-C/CNCL, PLNG 1 0014090 1 44000 250.00 $250.00 10/28/2010 W!T 0147 UNION BANK OF CALIFORNIA, NA LEASE PAYMNT NOV 2010 0014090 42140 29,404.31 $29,404.31 $535,847.06 Page 12 92066 WILLDAN GEOTECHNICAL PROF.SVCS-EN 10-700 001 23012 .832.50 $2,682.50 11/4/2010 11/4/2010 WILLDAN GEOTECHNICAL ADMIN FEE -EN 10-700 001 23012 149.85 1114/2010 WILLDAN GEOTECHNICAL ADMIN FEE -EN 10-700 001 34650 -149.85 11!4/2010 WILLDAN GEOTECHNICAL PROF.SVCS-EN 10-701 001 23012 370.00 11/4/2010 WILLDAN GEOTECHNICAL ADMIN FEE -EN 10-701 001 23012 66.60 11/4/2010 WILLDAN GEOTECHNICAL ADMIN FEE -EN 10-701 001 34650 -66.60 1114/2010 WILLDAN GEOTECHNICAL PROF.SVCS-EN 10-702 001 23012 1,110.00 11!4!2010 WILLDAN GEOTECHNICAL ADMIN FEE -EN 10-702 001 23012 199.80 11!4/2010 WILLDAN GEOTECHNICAL ADMIN FEE -EN 10-702 001 34650 -199.80 11/4/2010 WILLDAN GEOTECHNICAL PROF.SVCS-EN 08-625 001 23012 370.00 11!4!2010 WILLDAN GEOTECHNICAL ADMIN FEE -EN 08-625 001 23012 66.60 11/4/2010 WILLDAN GEOTECHNICAL ADMIN FEE -EN 08-625 001 34650 -66.60 11!4/2010 92067 PAUL WRIGHT AIV SVCS-C/CNCL, PLNG 1 0014090 1 44000 250.00 $250.00 10/28/2010 W!T 0147 UNION BANK OF CALIFORNIA, NA LEASE PAYMNT NOV 2010 0014090 42140 29,404.31 $29,404.31 $535,847.06 Page 12 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man 9 TITLE: Preliminary Treasurer's Statement September 2010 RECOMMENDATION: Approve the September 2010 Preliminary Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact RITTIT61 N M M 11 R0 Agenda # 6.3 Meeting Date: Nov.16,2010 Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. Since there are still adjustments being made to the cash balances between the various funds for the Fiscal 09-10 year end, the statement being presented has. been termed preliminary. Once the year end numbers have been finalized, a revised September treasurer's statement will be presented to the City Council for approval.. It should be noted that the August, 2010 Preliminary Treasurer's Statement reflected the expenditure of funds for the purchase of the new civic center building. This month's statement is the first in which the lower cash balances are reflected for the entire month. Linda G. Magnuson, Finance Director J DepadAnt Head Assistant City Wnager Attachments: Preliminary Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT September 3V.oV1n �. � � ' ���� :.:.: ``````��`�```````````````````````````� �..�'�'��.���.��!������'���!��������'���!....��������'����� GENERAL FUND $20J20.861.07 634.50476 $1.116,002.54 $20,238363.29 COMMUNITY ORGSUPPORT FD 0.00 PAYROLLACCOUNT 1.500l0 (1,500D0 MEASURE RLOCAL RETURN FID 458.750.08 47.138.12 PETTY CASH ACCOUNT 505.889.20 GAS TAX FUND (148.780.84) $249.844.88 INVESTMENTS: (148.780.84) TRANSIT TX(PROPA) FD 145.058.80 168.219.26 145.006.41 163.271.65 TRANSIT TX(PROP C) FD 2.093.025.35 61.511.50 21.600.37 2.133.535.68 |GTEAFund 679.077.40 ' 678.077.46 INTEGRATED WASTE MGT FO 617.551.35 16.32221 19.54873 614.823.83 TRAFFIC IMPROVEMENT FUND 245.344.12 245.844.12 AB2S2D-TRCONGESTION RELIEF FD 448.645.19 448.045.19 AIR QUALITY |MPRVMNT FD 188.207.67 136.207.67 TRAILS & BIKEWAYS FD 0.00 0.00 Prop 18Bond Fund 493.748.14 433.748.14 PARK FEES FD 365.527.48 365.527.48 PROPA-GAFEPARKGACTFUND 103.824.00 103.824.06 PARK & FACILITIES DEVEL FD 508.926.41 583.826.41 COM DEV BLOCK GRANT FD (88.970.08) 88.443.00 8.708.12 (14.289.21) CITIZENS OPT -PUBLIC SAFETY FID 138.160.21 85.00 138.075.21 NARCOTICS ASSET SEIZURE FD 365.11570 365.115J6 CA LAW ENFORCEMENTEQUIP PRG 56.043.76 56.648J6 EBYRNEJUSTICE ASSIST GRANT 49.882.16 48.882.16 LANDSCAPE DIST #38 FD (16.048.10) 43.381.89 (59.430.89) LANDSCAPE DIST #39 FD (7.255.05) 47.55041 (54.005.46) LANDSCAPE DIST #41 FD 14.386.74 55.578.36 (21.182.62) CDBG-RFund <11.483.88> 11.401.00 907.05 (1.000.68) ENERGY EFF &CNGVTNOLKGRT <383.27> (893.27) CAP IMPROVEMENT PRJ FD (578.511J6) 278.735.01 102.316.21 (407.092.86) SELF INSURANCE FUND 812.137.87 812.187.87 EQUIPMENT REPLACEMENT FUND 249.156.86 249.156.86 COMPUTER REPLACEMENT FUND 341.840J6 341.840.76 PUBLIC FINANCING AUTHORITY FUN 81,606.95 27,061.15 3,067.18 105,600.92 TOTALS SUMMARY OF CASH: DEMAND DEPOSITS: GENERALACC0UNT $56,463.83 PAYROLLACCOUNT 212,231D5 CHANGEFUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS $249.844.88 INVESTMENTS: U8TREASURY Money Market Acct. $254.756.45 LOCAL AGENCY INVESTMENT FD 22.512.290.15 FED HOME LOAN BANK NOTES 5.000.000.00 CASH WITH FISCAL AGENT: USTREASURY Money Market Account 105.600.92 TOTAL INVESTMENTS $27,872.647.52 TOTAL CASH $28,122,592.40 Note: The City ofDiamond Bar iainvested inthe State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24hours. |naddition, the City has started investing inlonger term investments. These investments are detailed on the attached Investment Report. All investments are in compliance with the investment policy adopted by the City of Diamond Bar. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of September 2010 Total Securities $ 5,000,000.00 5,000,000 $ 5,020,016.00 2.161% Local Agency Inv Fund AAA 22,512,290.15 22,555,397.81 0.500% US Treasury Money Market AAA $254,756.45 254,756.45 0.010% Total Liquidity $ 22,767,046.60 $ 22,810,154.26 Union Bank -(Fiscal Agent) AAA Total investments 2010-11 Budgeted Interest Income Actual Year -To -Date interest Income Percent of Interest Received to Budget Allocation of Book Value of Investment by Type Purchase Maturity (By Percent) Amount Current Par / Fair Market LAIF Fund r= 80.77% Investment Type Rating Date Date Term At Cost Original Par Value * Rate Federal National Mortgage Asso Unnt AAA 05/17/10 05/17/13 3.0 Yrs 1,000,000 1,000,000 1,001,683.00 2.020% Federal Home Loan Banks Bond AAA 05/12/10 08/12/13 3.3 Yrs 1,000,000 1,000,000 1,001,817.00 2.125% Federal National Mortgage AAA 09/27/10 09/27/13 3.0 Yrs 1,000,000 1,000,000 1,003,530.00 1.200% Freddie Mac Unnt AAA 09/30/10 09/30/13 3.0 Yrs 1,000,000 1,000,000 1,000,000.00 1.250% Federal Home Loan Bond AAA 03/30/10 12/30/13 3.5 Yrs 1,000,000 1,000,000 1,012,986.00 2.050% Total Securities $ 5,000,000.00 5,000,000 $ 5,020,016.00 2.161% Local Agency Inv Fund AAA 22,512,290.15 22,555,397.81 0.500% US Treasury Money Market AAA $254,756.45 254,756.45 0.010% Total Liquidity $ 22,767,046.60 $ 22,810,154.26 Union Bank -(Fiscal Agent) AAA Total investments 2010-11 Budgeted Interest Income Actual Year -To -Date interest Income Percent of Interest Received to Budget Source of Fair Market Value: Wells Fargo Institutional Securities, LLC 105,600.92 105,600.92 0.040% $ 27,872,647.52 $ 27,935,771.18 $342,800.00 $18,247.88 5.323% TYPE OF INVESTMENTS: Federal Agency Security Federal Agency Securities are issued by direct U.S Government agencies or quasi -government agencies. Many of these issues are guaranteed directly or indirectly by the United States Government. The City Investment Policy places. a 40% limit on this type of investment and the security investment is currently held in a custodial account by Wells Fargo Institutional Securities LLC for safe- keeping services. Local Agency Investment Fund (LAIF) LAIF is an investment pool for local agencies which is managed by the State Treasurer and regulated by the State law. The City Investment Policy places no limit on this type of investment. U.S. Treasury Money Market Fund Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. The City Investment Policy places no limit on this type of investment. Allocation of Book Value of Investment by Type (By Percent) Federal Agency Securities LAIF Fund r= 80.77% 17.94%� r U.S Treasury Money Market 1.29% Total Investment - $27-ESL46— Source of Fair Market Value: Wells Fargo Institutional Securities, LLC 105,600.92 105,600.92 0.040% $ 27,872,647.52 $ 27,935,771.18 $342,800.00 $18,247.88 5.323% TYPE OF INVESTMENTS: Federal Agency Security Federal Agency Securities are issued by direct U.S Government agencies or quasi -government agencies. Many of these issues are guaranteed directly or indirectly by the United States Government. The City Investment Policy places. a 40% limit on this type of investment and the security investment is currently held in a custodial account by Wells Fargo Institutional Securities LLC for safe- keeping services. Local Agency Investment Fund (LAIF) LAIF is an investment pool for local agencies which is managed by the State Treasurer and regulated by the State law. The City Investment Policy places no limit on this type of investment. U.S. Treasury Money Market Fund Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. The City Investment Policy places no limit on this type of investment. CITY COUNCIL Agenda # 6-4 _(i) Meeting Date: November 16, 201 k1e) &I 167*111 tA -11091 %'1 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma AND S?ECIFI TITLE: APPROVE PLANS CATIONS AND AWARD THE CONSTRUCTION CONTRACT FOR THE BREA CANYON ROAD DRAINAGE IMPROVEMENTS PROJECT TO C.P. CONSTRUCTION CO., INC. IN THE AMOUNT OF $85,250.00; AND AUTHORIZE A CONTINGENCY AMOUNT OF $8,500.00 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $93,750. RECOMMENDATION: Approve and award. FISCAL IMPACT: As part of the FY 2010-2011. Capital Improvement Program, $165,000 of General Funds, were budgeted for the Brea Canyon Road Drainage Improvements Project. With a proposed encumbrance for construction administration services in the amount of $31,590 the remaining balance in the budget for construction will be $133,410. BACKGROUND/DISCUSSION: These improvements are being made to improve the storm water run-off along Brea Canyon Road between Pathfinder and Via Sorella Street during heavy rain fall. The proposed improvements include the reconstruction to increase the capacity of three catch basins on the easterly side of Brea Canyon Road as well as the construction of a concrete. cross gutter at Via Sorella. With the completion of the plans and specifications, the project was advertised for bids on October 13, 2010 with a bid opening of November 3, 2010. Nine (9) bids were received and opened publicly by the City Clerk at 2:00pm on November 3, 2010. The engineer's estimate was $96,600. The bids received were as follows: Company Bid Amount 1. CP Construction Co., Inc. $85,250.00 2. Garcia Juarez Construction, Inc. $98,000.00 3. SRD Engineering, Inc. $101,320.00 4. Hardy& Harper, Inc. $111,995.00 5. Terra Pipeline, Inc. $114,375.00 6. ACR Construction $117,500.00 7. Gentry Brothers, Inc. $132,300.00 8. Pro -Craft Plumbing Company, Inc. $138,500.00 9. Atlas Allied, Inc. $ 186,500.00 Staff has verified the contractor state license and found it to be valid. References were checked for similar work completed and CP Construction Co., Inc. has satisfactorily completed many similar projects in other Los Angeles County, Riverside County and San Bernardino County jurisdictions. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Kimberly Molina, Associate Engineer N , P Director of P�ubliic Works November 16, 2010 December 6, 2010 January 5, 2011 DATE PREPARED: November 8, 2010 ATTACHMENTS: CONTRACTOR AGREEMENT AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between C.P. Construction Co., Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR C.P. Construction Co., Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Brea Canyon Road Drainage Improvements Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Brea Canyon Road Drainage Improvements Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated October 2010 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in fall herein. The Plans and Specifications, CONTRACTOR'S Bid dated November 3, 2010 together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERM OF CONTRACT: The CONTRACTOR agrees to complete the work within thirty 30 calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; K, 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. 4 b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated November 3, 2010. 5 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 304795 C.P. Construction Co., Inc. P.O. Box 1206 Ontario, CA 1206 TITLE Date CAROL.. •. Date ATTEST: By: TOMMYE A. CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone 909-981-1091 Emergency Phone at which CONTRACTOR can be reached at any time ,..,• • •' in CITY ATTORNEY Date 3 BID FOR CONS'T'RUCTION OF BREA CANYON ROAD DRAINAGE IMPROVEMENTS CITY PROJECT NUMBER 26711 Date November 3rd , 2010. To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: C.P. Construction Co., Inc. I!, Charles Pfister, Jr., President/Manager Michael Pfister, Secretary/Treasurer (If the bidder is a corporation, give ' the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co -partnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this bid is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of .the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this bid, he acknowledges receipt and knowledge of the contents of those communications sent by the City, of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this bid form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this bid in accordance therewith. That, if this bid is accepted he will enter into a written contract for the performance of the ( proposed work with the City of Diamond Bar. (g) That he proposes to enter into such Contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates,' and that the unit prices will apply to the actual quantities whatever they maybe: Accompanying this proposal is a bidder's bond, payable to the order of the City of Diamond Bar in the sum of Ten Percent of Total Amount of Bid DOLLARS ($ to%**%* *****;**a;** ) Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten (10) days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this Contract is entered into and said bonds are famished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bidder's bond. P.O. Box 1206 Address of Bidder Ontario, CA 91762 City Zip Code (909) 981-1091 Telephone of Bidder Jo n �7�ic�f esu Signature of Bidder 'BID SCHEDULE FOR CONSTRUCTION OF BREA CANYON ROAD DRAINAGE IMPROVEMENTS CITY PROJECT NUMBER 26711 (Working Hours — See Section 6, Prosecution, Progress) and Acceptance of Work) Inaccordance with specifications therefore approved by the City Council of the City of Diamond Bar the undersigned bidder. is herewith submitting the following bid prices for the performance of the entire work as described in these specifications and attached drawings subject to this furnishing all matierals. 11 UNIT ITEM ITEM ITEM DESCRIPTION QUANTITY UNIT PRICE (in. figures) TOTAL (in figures) NO. Dollars Cents Dollars Cents. 1 Traffic control 1 LS $3,000'.00 /LS $3,000.00 Construct concrete cross gutter per 3,500 SF $9.50/SF $33,250.0 0 2 APWA Std. Plan 122-2 ' $6.50/SF $1,300.00 Construct PCC sidewalk per APWA 200 SF 3 Std. Plan 113-2 4 Construct AC pavement 130 TON $140.00/7N $18, 200.00 curb opening catch basin, 1 EA $7,500.00 w--21; and local depression /EA" $7,500.00 F76Construct Construct.curb opening catch basin, 2 EA $6,000.00 w=7, and local depression /EA $12,000.00 Install Rl roadside sign 1 EA $500.00 $500.00 Remove and install new pavement 1 LS $3,500.00 g markings /LS $3,500.00 Landscape improvements 1 LS $2,000.00 /LS $2,000.00 F10Mobilization 1 LS $4,000.00 0 /LS $4,000.00 11 Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this bid and the acceptance thereof may be considered null and void. � c.P. Construction Co., Inc. , 11/03/2010 NAME OF BIDDER (PRINT) S A c i DATE P.O. Box 1206 ADDRESS Ontario, CA 91762 (909) 981-1091 CITY ZIP CODE TELEPHONE 304795 "A", C12, C34 & C42. 07/31/2011 STATE CONTRACTOR LICENSE NO. CLASSIFICATION EXIPRATION DATE I declare under penalty of Perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. John Mough, Vice President r CONTRACTOR SIGNATURE OR AU1f#01WEI5 OFFI ER LIST OF SUBCONTRACTORS BIDOPENING DATE 11/03/2010 PROTECT Brea Canyon Road Drainage Improvements .LOCATION Brea Canyon Road, Diamond Bar, CA CLIENT City of Diamond Bar CONTRACTOR C.P. Construction Co., Inc. Name Under Which Subcontractor is Licensed License No. Address of Office, Mail, or Shop Percent of Total Contract Specific Description of Bid Item Orange County Striping Service, Inc. 346095 183 North Pixley St 3% Bid Items 7. and 8. Oranga, CA 92868 ani c;,hcnntrnntnr rininq work in excess of one-half (1/2) of one percent (16/o) of the total bid or ;en [Labor Code Section 1777.1; Public Contract Code Section 6109] The undersigned, a duly authorized representative of the contractor, certifies and declares that: 1. The contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1,777.7 of the California Labor Code or any other provision of law. 3. The contractor is aware of California Public Contract Code Section 6109, which states: - (a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 4. The contractor has investigated the eligibility of each and every subcontractor the contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works, project by virtue of the foregoing provisions of the Public Contract Code Sections 1777.1 or 1777.7 of the Labor Code, or any other provision of law. CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification: Brea Canyon Road Drainage Improvements Bid Date: 11/03/2010 This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. ITEM 5 CALENDAR YEARS CURRENT PRIOR TO CURRENT YEAR YEAR 2005 2006 2007 2008 2009 TOTAL Th•ru.• 9/30 No. of Contracts 8 22 24 22 25 101 18 Total dollar amount of 28 mil. 26mil. 21mil. 14mil. 12mi1. 101mil 7mil. contracts (in 1,000's) No. of lost workday cases 1 1 1 1 0 4 No. of lost work day cases involving permanent transfer to another job or termination of 0 0 0 0 0 0 0 employment No. of lost workdays 1 171 1 93 8 92 0 364 0 The information required for this item is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary Occupational Injuries and Illnesses, OSEA No. 102. The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. C.P. Construction Co. Inc. 0 1 ug , i en Name of Bidder (Print) ignature P.O. Box 1206 Address Ontario, CA 91762 AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he is a member of the co -partnership firm designated a which is the parry making the foregoing bid or bid; that ch bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, co nni ed r agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such o e person shall refrain from bidding; and has not in any manner sought by collusion to secure any adv age against the City of Diamond Bar or any person interested in the proposed contract, for himself or r any other person. That he has been and is duly vested a ority to make and sign instruments for the co- partnership by 1� /1 STATE OF CALIFORNIA ) )SS COUNTY OF DI3SX0=LW) San Bernardino John Blough sworn, deposes and says: That he is Vice President of, C.P. Construction Co., Inc. being first duly a corporation which is the party making the foregoing bid or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract�&u himself or for any of r person. zd Signature Subscribed and sworn to before me this FREIDA M. AHMED commission # 1784880 day of November, 2010 a '� „' Notary Public November -California z ` San Bernardino County MVComm. ExpUes Dec 13, 2011 Freida M. Ahmed, Notary Public Signature of Officer Administering Oath (Notary Public) AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he is the party making the foregoing bid or bid; that such id is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or a eed, directly or indirectly, with any other s bidder or person to put in a sham bid or that such other pe on shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage gainst the City of Diamond Bar or any person interested in the proposed contract; for himself or for other person. i� Subscribed and sworn to before me this ' d� STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he of, one of the parties submitting the foregoing bid as a joint ventured that he has been and is duly vested with the authority to make and sign instruments for' and on be alf of the parties making said bid who are: that such bid is genuine and not collusive connived or agreed, directly or indirectly, wi such other person shall refrain from bidding; any advantage against the City of Diamo d himself or for any other person. LVhat bidder has not colluded, conspired, L dder or person to put in a sham bid or that m any manner sought by collusion to secure person interested in the proposed contract, for Signature FAITHFUL. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT WE. hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of dollars lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bond ourselves, jointly and several firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, said contract has been awarded and is about to enter into the annexed. contract with said City for consideration of the work under the . specification entitled Brea Canyon Road Drainage Improvements Project Number 26711 and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the convenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be in -fall force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which maybe made pursuant to the terms of said Contract shall not in any way release said Contractor or the Surety thereunder not shall any extension of item granted under the provisions of said Contract release either said Contractor or said Surety and notice of such alterations or extensions of the Contract is hereby waived by such Surety. In the event suit is brought upon this Bond by the obligee and judgement is recovered, said. Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this of 2010 BY: (SEAL) day LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of Ameria, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLATION ARE SUCH, that whereas, said Contractor has been awarded and is about to enter into the annexed Contract with said City for construction of the work under City's specification entitled Brea Canyon Road Drainage Improvements, Project Number 26711 Viand is required by said City to give this bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor in said Contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extentions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 2010. PRINCIPAL SURETY BY: (SEAL) (SEAL) Bond No. CPCON-43 KNOW ALL MEN BY THESE PRESENTS, THAT WE C.P. Construction Co.,, Inc. as Principal, and Fidelity and Deposit Company of Maryland as Surety, are held and firmly bound unto the City of Diamond Bar isle -urn to ten percent (100/0) of tine total amount. of the bid of the Principal above named,, to be paid. to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors; and administrators, successors or assigns; jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the stun. of Ten Percent of Amount Bid (10%) THE CONDITION OF TITIN OBLIGATION IS SUMthat, whereas the: PrMc1PalhassubmittedtheI above mentioned bid to the City of Diamond ban: forcertain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Nall on November 3rd, 2010 , for the Brea Canyon.F.oad Drainage Improvements 'Proi ect Number 26711. NOW, TIMRFORE, if the aforesaid Principal is awarded the Contract, and withinn the time and* manner regpired under the specifications, ager the .prescribed` forms are presented to hint for signature, enters into a written contract, irr the prescribed forret in accordance with the bid, and files the two bonds with., the City of Diamond Bax, one to. guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and: void; otherwise it shall remain in fall force and e&cL In the event suit is brought upon this bond by the obligee and -judgement is recovered, the Surety shall pay all costs incurred by the City in such suit; including a reasonable attorney's. fees to be fixedby the court. Rq WITNESS VAIEREOF, we have hereunto set our hands and seals on this 1st daft of November C . P . Construction Co., Inc. (SEAL) P CIP Jo n , ough, ice re " d SIGNATURE AND TITLE Fidelity and Deposit Company of Maryland(SEA� SURE i SIGNATURE AND TITLE Dwight Reilly, ACKNOWLEDGMENT State of California County of Orange ) On November 1, 2010 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved tome on the basis of satisfactory evidence to be the person(s) whose names) is/ma subscribed to the within instrument and acknowledged to me that heMMMy executed the same in hisihM it authorized capacity(i ), and that by his/hex keir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. l_r�.2 WITNESS my hand and official seal. �''" � i 7s46so �^ 4 ; Commiss(oti <1 r'!Otary Public - California z kky!' Orange County �cEMlres NAar28, 201 i °Signature ��/� �`��.�2:-�ti - (Seal) y2:`, Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by DAVID S. HEWETT, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e v des by nominate, constitute and appoint Dwight REILLY and Allison RITTO, both of Orange, C a, is �aZi lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and , ' u% t. eed: any and all bonds and undertakings, and the execution of such ing urs ttli`e'se presents, shall be as t, binding upon said Company, as fully and aki v i ey had been duly executed and acknowledged by the regularl a �t t.o`ffice in Baltimore, Md., in their own proper persons. The said Assistant r es here th t�ct set forth on the reverse side hereof is a true copy of Article VI, Section 2, ofthe By -L s ' Chid �s now in force. IN WITNESS �_he said Vice -President and Assistant Secretary have hereunto subscribed their names and � �- affixed the Corporat Sea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of June, A.D. 2010. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND F.�,V 9EPps� 1 a'` r�pvoe4fa a . r' �M 4 ��.! J"`..`/^1�--"' ��ip. FS •. {.�.. Y.1 ,li i,�. t�F'-:�J't MwRI By: Eric D. Barnes Assistant Secretary David S. Hewett Vice President State of Maryland 1 ss: City of Baltimore f On this 24th day of June, A.D..2010, before the subscriber, a Notary Public of the State of Maryland, duly. commissioned and qualified, came, DAVID S. HEWETT, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and' officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and'their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written. c• v ! ' j. .� i✓ r �.. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 i POA -F 01270079C CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all federal, state, and lo ' cal directives and executive orders regarding non-discrimination in employment; and that it will pursue. an affirmative course of action as required by the affirmative action guidelines. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM C.P'.''Construction Co., Inc. TITLE OF OFFICER SIGNING John -Blough, Vice President SIGNAT TE 11/03/2010 Please include any additional information available regarding equal opportunity employment programs now in effect within your company,: C.P. Construction. Co., Inc., is.a union -affiliated employer, and all of C.P.'s field crew personnel are dispatched from the trade unions' hiring halls. All of the trade .. unions in Southern Californis,have vigorous, ongoing minority recruitment, training and utilization programs. C.P.-actively supports all aspects of equal opportunity employment program. 24 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder C.P. Construction co. Inc. proposed subcontractor hereby certifies that he has x , has not participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has x , has not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity; all reports due under the applicable filing requirements. C.P. Construction Co., Inc. NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7. (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts. and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 10.0 (EEO -1) is the only report required by the Executive Orders or their implementing regulations: Proposed- prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7, (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the, Director, Office of Federal Contract Compliance, U.S. Department of Labor. 25 NON -COLLUSION AFFIDAVIT TO: THE CITY OF DIAMOND BAR: STATE OF CALIFORNIA ) SS COUNTY OF San Bernardino John Blough , being first duly sworn, deposes and says that he dWMb is Vice President . of C.P. Construction Co. ,Inc. the party making the foregoing bid, that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited another bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contact or anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his uka bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, .or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.. >Yn , V.0 President Signature of Bidder STATE OF CALIFORNIA ) )SS SEE ATTACHED NOTARIAL ACKNOWLEDGMENT. COUNTY OF kfflAC9URtt& ) San Bernardino i1� Subscribed and sworn to before me this 2 day of November , 2010. Notary Public in and for the County of San Bernardino State of California_ 26 State of California County of ACKNOWLEDGMENT I San Bernardino { On November22O1O before me, Freida M. rxx/`eu Notary Public Date Name and Title of officer personally appeared —John Bi u h who proved to me on the basis of satisfactory evidence to be the person(a)whose name(4 is/ar,-- subscribed to the within instrument and acknowledged to me that,he/s-buftbW executed the same in his/heiO3ialr authorized capacityoes), and that by his/hedtWr signature(g-on the instrument the '~~..«~'._ the _entity uponunder PENALTY � of�eS��ofC�i�m����ofo�q�ng |ued�/u er /�,= paragraph istrue and correct. WITNESS myhand and official seal. Notary Public - California z,�Commission # 1784880 � SignatureSan Bernardino County Freida M. .'—_— � DEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS MM BREA CANYON ROAD DRAINAGE IMPROVEMENTS CITY PROJECT NUMBER 26711 All Questions Regarding This Project I Are To Be Directed To: Mr. David G. Liu, P.E. Director of Public Works/City Engineer City of Diamond Bar (909) 8.39-7040 CITY OF DIAMOND BAR Carol Herrera, Mayor Steve Tye, Mayor Pro -Tem. Ling -Ling Chang, Council Member Ron Everett, Council Member Jack Tanaka, Council Member October 2010 I TABLE OF CONTENTS ITEMS - PAGES NOTICE INVITING SEALED BIDS. 2 - 3 INFORMATION FOR BIDDERS 4 - 8 BID 9-10 BID SCHEDULE 11-12 LIST OF SUBCONTRACTORS 13 DECLARATION OF ELIGIBILITY TO CONTRACT 14-15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD 16 AFFIDAVIT FOR CO -PARTNERSHIP IRM 17 AFFIDAVIT FOR CORPORATION BIDDER 18 AFFIDAVIT FOR INDIVIDUAL BIDDER 19 AFFIDAVIT FOR JOINT VENTURE 20 FAITHFUL PERFORMANCE BOND 21 LABOR AND MATERIAL BOND 22 BID BOND 23 CERTIFICATE OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION 24' CERTIFICATE WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS AND SUBCONTRACTS - 25 NON -COLLUSION AFFIDAVIT 26 CONTRACT AGREEMENT 27-32 GENERAL PROVISIONS 34-36 SPECIAL PROVISIONS 37-41 TECHNICAL PROVISIONS 42-55 TOC -1 CITY OF DIAMOND BAR NOTICE INVITING SEALED BIDS FOR CONSTRUCTION OF BREA CANYON ROAD DRAINAGE IMPROVEMENTS CITY PROJECT NUMBER 26711 RECEIPT OF BIDS: Sealed bids will be received at the office of the City. Clerk, City Hall, 21825 Copley Drive, Diamond Bar, California, until 2:00 p.m. on November 3, 2010 for the furnishing of all labor, materals and equipment for construction of concrete cross gutter, PCC sidewalk, catch basin, and other incidental appurtenant work. The words "Bid: Do not open City of Diamond Bar, Brea Canyon Road Drainage Improvements, City Project Number, 26711. to be opened at 2:00 p.m. on November 3, 2010" shall appear on the envelope of each sealed bid and each sealed envelope shall be addressed to the City Clerk, City Hall, Diamond Bar, California 91765. The bids will be publicly opened and read in the City Hall, Diamond Bar, California at 2:00 p.m. on November 3, 2010. CONTRACTOR'S LICENSE: No bid will be considered from a Contractor who isnot licensed as a Class A contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a bid form has not been issued by the City of Diamond Bar DESCRIPTION OF WORK: The work to be performed or executed under these specifications consists of and includes the construction of concrete cross gutter, PCC sidewalk, catch basin and other incidental and appurtenant work necessary for the proper construction of the comtemplated improvement, as incidated on the project plans. COMPLETION OF WORK: All work shall be completed within thirty (30) consecutive calendar days after the Notice to Proceed is issued by the City. ENGINEER'S ESTIMATE: The Brea Canyon Road Drainage Improvements project is estimated to cost $96400.00 all in accordance with the provisions of the Plans, Specifications, Notices and Instructions to Bidders. OBTAINING CONTRACT DOCUMENTS: Plans and Specifications and all contract documents may be obtained at the 'office of the City Clerk, City Hall, 21825 Copley Drive, Diamond Bar, California 91765, upon payment of a non-refundable fee of $30.00. There is a charge of $45.00 for each set of plans and specifications that are requested to be mailed. BID BOND: Each bid must be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of ten percent (10%) of the bid price payable to the City of Diamond Bar as. a guarantee that the bidder, if his bid is accepted, will promptly execute the contract, secure payment of Worker5s Compensation Insurance, furnish a satisfactory Faithful Performance Bond' in the amount of one hundred percent (100%) of the total bid price, and a Labor and Material Bond in an amount not less than one hundred -percent (100%) of the contract price. Said bonds to be secured from a. surety company authorized to do business in the State of California, and subject to the approval of the City Attorney. PREVAILING WAGE RATE: As required by the California Labor Code, Section 1770 et seq. the City Council of the City of Diamond Bar incorporates herein by reference the general prevailing rate of per diem wages as determined by the Director of Industrial Relations of the State of California. Copies of the prevailing rate of per diem wages are on file in the office of the City Clerk and will be made available to any interested party upon request. In accordance with the Labor Code, no workman employed upon work under this contract shall be paid less than the above referenced prevailing wage rate. A copy of said rates shall be posted at each job site during the course of construction. Any classification omitted herein shall be paid not less than the prevailing wage scale as established for similar work in the particular area, and all overtime shall be paid at the prevailing rates as established for the particular area. Sunday and holiday time shall be paid at the wage rates determined by the Director of Industrial Relations. PAYMENT: Payment will be made to the Contractor in accordance with the Specifications. CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right to reject all bids, should it deem this necessary for the public good, and also the bid of the bidder who has been delinquent or unfaithful in any former contract with the City of Diamond Bar. No bidder may withdraw his bid for a period of thirty (30) days after the date of the bid opening. The City of Diamond Bar reserves the right to waive any irregularity or informality in any bid to extent permitted by law. BID'AWARD: Subject to the reservations noted above, the contract will be awarded to the. lowest responsible bidder. CITY OF DIAMOND BAR, CALIFORNIA DATE: BY: id G iu, Director of Public Works 3 CITY OF DIAMOND BAR, CALIFORNIA INFORMATION 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, Latest Edition (with all supplements). All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of.the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder.to see that the bid is received in the proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2,. BID BOND: Each proposal shall be, accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the bid. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it ' conforms substantially to the form furnished by the City, which is bound herein, and is properly, filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must -bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative bids or any other modifications of the bid form which is not specifically called for. in the contract documents may result in the City's rejection of the bid as not being responsive to the invitation to bid. No oral or, telephonic modification of any bid submitted will be considered but a telegraphic modification of any bid submitted will be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids.. The bid submitted must not contain any erasures,. interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN THE BIDS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantitiesand amounts are for the purpose of comparison of bids only. The City of City of Diamond Bar reserves the right to reject all bids and to waive any irregularity or informality in any bid to the extent permitted by law.' 6. BIDDER'S EXAMINATION. OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract' documents therefore. It will be assumed that the bidder has. investigated and is satisfied as to. the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications 4 and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the "Declaration of Bidder's Qualifications" to be submitted with the bid. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his bid, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he, allow any subcontractor to commence work on this subcontract until all similar insurance issued in compliance with this section shall be issued in the form, and be an insurer of the insurers, satisfactory to and first approved by the City in writing. Certificates of Insurance in the amounts required shall be furnished by the Contractor to the City prior to the commencement of work. The Contractor shall maintain adequate Worker's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Worker's Compensation Insurance laws. The Contractor shall maintain public liability insurance to protect said Contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said Contractor and the City against loss from liability imposed by law, for damage to any property. Damage insurance shall be maintained by the Contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $1,000,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $1,000,000 with respect to any property damage aforesaid. The. Contractor shall secure.with a responsible corporate surety, or corporate sureties, satisfactory bonds. conditioned upon faithful performance by the Contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payment to be made under the contract computed on the basis of the prices stated in the bid. The Labor and Material .Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the bid. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OF BIDDERS: More than one bid from an individual firm's partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future bids. 11. AWARD OF CONTRACT: The City may award the Contract to the lowest responsible bidder for the total base bid amount, whose bid complies with the requirements of these specifications. The award, if made, will be made within ninety (90) calendar days after the opening of the bids, provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal if his bid. 12. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder including qualifications, references, proper licensing, adequate workforce and experience for the performance of the work covered by the bid. 13. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 and following). Forms for this purpose are furnished with the contract documents. The name and location of business of any subcontractor who will perform work exceeding %Z of 1% of the prime contractor's total bid or ten thousand dollars ($10,000.00), whichever is greater, must be submitted with the bid. Any other information regarding the foregoing subcontractors that is requried by City to be submitted may be submitted with the bid, or may be submitted to City up to 24 hours after the deadline established herein for reciept of bids. The additional information must be submitted by the bidder to the same address and in the same form applicable to the initial submission of the bid. 14. WORKER'S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the City the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700. of the Labor Code which require compensation or to undertake self insurance in accordance with the provisions of , that code, and. I will comply with such provisions before commencing the performance of 6 the work of this contract." The form of such certificate is included as part of the contract documents. 15. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the City, will be held for sixty (60) days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 16. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the agreement form provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of ,the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the bid bond. If the successful bidder refuses or fails to execute the Contract, the City, may award the Contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the Contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be re -advertised. 17. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4* (commencing at #4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 18. EMPLOYMENT OF APPRENTICES: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et. seq. to ensure compliance and complete understanding of the law regarding apprentices. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State 'Labor Code Requirements regarding the employment of apprentices and trainees, the Contractor and all subcontractors shall comply with Section 5 a.3, Title 29 of the Code of Federal Regulations (29CFR). 19. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the Contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 20. WAGE RATES: The Contractor and/or subcontractor shall pay wages as indicated in the "Notice. Inviting Scaled Bids" section of these specifications. The Contractor shall forfeit as penalty to .the City of Diamond Bar, twenty-five dollars .($25.00) for laborers,. workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him,, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file with the Department of Industrial. Relations, Division of Labor Statistics and Research. 21. PERMITS FEES AND LICENSES: The Contractor shall possess a valid California "Class A" contractor's license and/or "Class C-8". 22. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of written "Notice to Proceed" of the City and to fully complete the project within thirty (30) calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of five hundred dollars ($500.00) for each calendar day thereafter. 23. CONFLICT OF INTEREST: In the procurement of supplies, equipment, construction and services by sub -recipients, the conflict of interest provisions in (State LCA -24 CFR 85.36 and Non -Profit Organizations — 24 CFR 84.4), OMB Circular A.-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub -recipient shall participate in selection or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. BID FOR CONSTRUCTION OF BREA CANYON ROAD DRAINAGE IMPROVEMENTS CITY PROJECT NUMBER 26711 Date , 2010. To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, 1 give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co -partnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this bid is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this bid, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this bid form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this bid in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance, of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such. Contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates, and that the unit prices will apply to the actual quantities whatever they may be. 9 Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of DOLLARS ($ ). Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten (10) days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this Contract is entered into and said bonds are fiunished, or if the bid is not accepted then said check shall be returned to the undersigned; or the bidder will be released from the bidder's bond. Address of Bidder Telephone of Bidder City Zip Code Signature of Bidder 'BID SCHEDULE' FOR CONSTRUCTION OF BREA CANYON ROAD DRAINAGE IMPROVEMENTS CITY PROJECT NUMBER 26711 (Working Hours - See Section 6, Prosecution, Progress, and Acceptance of Work) In accordance with specifications therefore approved by the City Council of the City of Diamond Bar the undersigned bidder is herewith submitting the following bid prices for the performance of the entire work as described in these specifications and attached drawings subject to this furnishing all matierals. 11 ' UNIT ITEM ITEMITEM DESCRIPTION QUANTITY UNIT PRICE figures) TOTAL figures) NO. (in (in Dollars Cents Dollars Cents. 1 Traffic control 1 LS 2 Construct concrete cross gutter per 3;500 SF APWA Std. Plan 122-2 3 Construct PCC sidewalk per APWA 200 SF Std. Plan 113-2 4 Construct AC pavement 130 TON 5 Construct curb opening catch basin, 1 EA w=21, and local depression Construct.curb opening catch basin, 2 EA 6 w=7, and local depression 7 Install Rl roadside sign 1 EA Remove and install new pavement 1 LS 8 markings 9 Landscape improvements 1 LS 10 Mobilization 1 LS 11 ' Bid price indicated refers to all items illustrated on plans' and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this bid and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. CLASSIFICATION EXIPRATION DATE I declare under penalty of Perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER LIST OF SUBCONTRACTORS BID OPENING DATE PROJECT LOCATION CLIENT CONTRACTOR Name Under Which License Address of Office, Percent of Specific Description Subcontractor is No.. Mail, or Shop Total of Licensed Contract Bid Item *. Any subcontractor doing work in excess of one-half (1/2) of one percent (1%) of the total bid or ten thousand ($10,000.00), whichever is greater, shall be designated on this form. 13 DECLARATI®N OF ELIGIBILITY TO CONTRACT [Labor Code Section 1777.1; Public Contract Code Section 6109] The undersigned, a duly authorized representative of the contractor, certifies and declares that: 1. The contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor Code or any other provision of law. 3. The contractor is aware of California Public Contract Code Section 6109, which states: (a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcoritractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 4. The contractor has investigated the eligibility of each and every subcontractor the contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code Sections 1777.1 or 1777.7 of the Labor Code, or any other provision of law. 14 I declare under penalty of perjury under the laws of the State of California that the foregoing is hue and correct. Executed this day of , 2010, at (place of execution). CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification: Brea Canyon Road Drainage Improvements Bid Date: This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. ITEM 5 CALENDAR YEARS CURRENT PRIOR TO CURRENT YEAR YEAR 2005 2006 2007 2008 2009 TOTAL No. of Contracts Total dollar amount of contracts (in 1,000's) No. of lost workday cases No. of lost work day cases involving permanent transfer to another job or termination of employment No. of lost workdays The information required for this item is the same as required for columns 3 to 6, Code 1 Q, Occupational Injuries, Summary Occupational Injuries and Illnesses, OSEA No. 102. The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. Name of Bidder (Print) Signature AFFIDAVIT FOR CO -PARTNERSHIP FIRM' STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he is a member of the co -partnership firm designated as which is the party making the foregoing bid or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. That he has been and is duly vested with authority to make and sign instruments for the co- partnership by who constitute the other members of the co -partnership: Signature Subscribed and sworn to before me this day of , 2010 Signature of Officer. Administering Oath (Notary Public) `17 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES being first duly sworn, deposes and says: That he is of, a corporation which is the party making the foregoing bid or bid; that such bid is genuine and not collusive or sham; that said bidder, has not colluded,. conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other, person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person: Signature Subscribed and sworn to before me this day of , 2010 Signature of Officer Administering Oath (Notary Public) 18 AFFIDAVIT FOR INDIVIDUAL BIDDER AFFIDAVIT FOR JOINT STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he of, one of the parties submitting the foregoing bid as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. KNOW ALL PERSONS BY THESE PRESENTS, THAT WE. hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of dollars lawful money of the United States.of America, for the payment of which sum, will and truly to be made, we bond ourselves, jointly and several firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled Brea Cg on Road Drainage Improvements Project Number 26711 and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the convenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null- and void; otherwise it shall be in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract shall 'not in any way release said Contractor or the Surety thereunder not shall any extension of item granted under the provisions of said Contract release either said Contractor or said Surety and notice of such alterations or extensions of the Contract is hereby waived by such Surety. In the event suit is brought upon this Bond by the obligee and judgement is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court: IN WITNESS WHEREOF, We have hereunto set our hands and seals this day of 12010 PRINCIPAL SURETY BY: (SEAL) (SEAL) 21 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS THAT WE hereinafter referred.to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of Ameria, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLATION ARE SUCH, that whereas, said Contractor has been awarded and is about to enter into the annexed Contract with said City for construction of the work under City's specification entitled Brea Canyon Road Drainage Improvements, Project Number 26711 -and is required by said City to give this bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor in said Contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extentions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. 22 BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE as Principal, and as Surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the Principal above named, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of THE CONDITION OF THIS_ OBLIGATION IS SUCH, that, whereas the Principal has submitted the above mentioned bid to the City of Diamond bar for ' certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on for the Brea Canyon Road Drainage Improvements Project Number 26711. NOW, THERFORE, if the aforesaid Principal is awarded the Contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgement is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 2010. CERTIFICATION OF NON-DISCRL% (NATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an affirmative course of action as required by the affirmative action guidelines. We agree specifically: 1 To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM TITLE OF OFFICER SIGNING SIGNATURE DATE Please include .any additional information available regarding equal opportunity employment programs now in effect within your company: CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder , proposed subcontractor. , hereby certifies that he has , has not _, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. (COMPANY) - BY (TITLE) DATE: , 2010. NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). - Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed rime contractors Ordersandhave not filedthe in a previous contract- or P p subcontract subject to the E ed reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent. period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. . 25 NON -COLLUSION AFFIDAVIT TO: THE CITY OF DIAMOND BAR: STATE OF CALIFORNIA ) SS COUNTY OF ) being first duly sworn, deposes and says that he or she is of , the party making the foregoing bid, that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited another bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or' of that of any other bidder, or to secure any advantage against the public body awarding the contact or anyone interested in the proposed contract; that all statements contained in'the bid are true; and. further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto; or paid, and will not pay, any fee. to any corporation, partnership,_ company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature of Bidder STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Subscribed and sworn to before me. this day of , 2010. Notary Public in and for the County of State of California 26 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the in the City of Diamond Bar. NOW, THEREFORE, inconsideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter 'mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERM OF CONTRACT: The CONTRACTOR agrees to complete the work within calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete. beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the. scheduled date'`of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance, required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers'. Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken .out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in 27 accordance with the laws. of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions ,of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section. 3700 of the Labor Code which requires every employer to. be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. J 2) Public Liability. - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTORS Protective - Bodily Injury $500,000 each person; $1,000,000 each accident: 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile Bodily Injury $500,000 ' each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) 2) . 3) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; Specify it acts as primary insurance and that no insurance held= or owned by the designated additional insured shall be, called upon to cover a loss under the policy; Contain a clause substantially in the following words: "It, is hereby understood and agreed that this policy may not be canceled . nor the amount of the coverage thereof reduced until thirty(30) days after 28 receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within aen (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5 PREVAILING AILING WA Code; Division s Part hereby, given that in accordance with the provisions of hapten 1, Articles 1 and 2, the CONTRACTOR. is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard,. the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the ,Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job,site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under, this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section. 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution' to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and ` if other CONTRACTOR'S on the public works site are making such contributions. The CON TRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 29 Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than, eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments. are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions,. claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or m connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties.- obligations enalties;obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees 'are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or . in connection' with the work, operation or activities hereunder, CONTRACTOR 30 . agrees to pay to Indemnitees and any all costs and expenses incurred. by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to _indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is `shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution. against the Indemnitees; while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by. or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: `Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAY MENT: City shall pay to the CONTRACTOR for g t prices set forth in the Price Schedule in furnishing all material and doing the prescribed work the um accordance with CONTRACTOR'S Proposal dated 12. ' TERMINATION: This agreement maybe terminated by the City, without cause,' upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective.date of termination.. 31 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities GENERAL PROVISIONS SCOPE OF WORK The work to be done consists of furnishing and installing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications and these General Provisions. The general items of work incude construction of sidewalk, cross gutter, catch basins and other incidental appurtenant work. LOCATION OF WORK Improvements are to be constructed at the locations shown in Project Plans. NOTIFICATION The Contractor shall notify the City of Diamond Bar and the owners of all utilities and substructures not less than 48 hours prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and isnot guaranteed to be complete or correct:- orrect:UNDERGROUND UNDERGROUNDSERVICE ALERT;' (800) 422-4133 CITY OF DIAMOND BAR LOS ANGELES COUNTY SHERIFF'S 21825 Copley Drive 1695 East Valley Blvd. Diamond bar, CA 91765-4178 Walnut, CA 91789 (909) 839-7040 (909) 595-2264 WATER LOS ANGELES COUNTY FIRE DEPARTMENT Walnut Valley Water District Station 120 271 South Brea Canyon Road 1051 S. Grand Avenue Walnut, CA 91789 Diamond Bar, CA 91765 (909) 595-7554 (909) 861-5995 GAS LOS ANGELES COUNTY FIRE DEPARTMENT Southern California Gas Company Station 119 9400 Oakdale Avenue, SC 9331 20480 Pathfinder Road Chatsworth, CA 91311 Diamond Bar, CA 91765 (213) 881-8291 (909) 861-5995 TELEPHONE ELECTRICTY Verizon Telephone Southern California Edison Co. 1400 E. Phillips Boulevard 800 West Cienega Avenue Pomona, CA 91766 San Dimas, CA 91772 (909) 469-6354 (909) 592-3715 STORM DRAIN TIME WARNER CABLE LA County Flood Control District 20965 Lycoming Street 900 S. Fremont Avenue Walnut, CA 91789 Alhambra, CA 91803 (626) 914-4382 (626) 445-7630 TRASH Valley Vista Services 16000 Temple Avenue La Puente, CA 91744 (800) 442-6454 Waste Management of San Gabriel/Pomona Valley Baldwin Park, CA 91706 (626) 336-3636 EMERGENCY INFORMATION The names, addresses and telephone numbers of the Contractor "and subcontractors, or ` their representatives, shall be filed with the Engineer and the County Sherrif s Department prior to beginning work. STANDARD SPECIFICATIONS The Standard Specifications of the AGENCY are contained in the 2006 Edition of the Standard Specifications for Public Works Construction; and its supplements, as written and promulgated by the Joint Cooperative. Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California, and all amendments thereto. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 3055 Overland Avenue, Los `Angeles, CA. 90034, telephone (310) 202- 7775. The Standard Specifications; set forth above will control the general provisions; construction materials, and construction methods for this contract; except as ameded by the Plans, Special Provisions or other contract documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted and the section numbers of the Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring elborations, amendments,.specifying of options or additions are called out. ENVIRONMENTAL PROVISIONS In the event Contractor is required to dig any trench or excavation that extends deeper than 4 feet below the surface in order to perform the work authorized under this contract, Contractor agrees to promptly sturbing the site, if any, of the conditions set f notify Agency in writing and before further diorth below are discovered: 1. Materials that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. 2.' Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical condition at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in this Contract. NPDES REQUIREMENTS The contractor sahll conform to the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit for Construction Activities, NPDES No. CAS000002. The Contractor shall protect by any means all construction related materials from being discharged from the site by the forces of wind or water. Contractor and/or any subcontractors are required to place gravel bags and fabric around all storm drain inlets, and also place gravel'bags around the job site, as directed by the city Engineer, to protect polluted water from running into the storm drain systems. Full compensation for conforming to the requirements of this section shall be considered as included in. the prices paid for the various contract items of work involved and no additional compensation will be allowed. SPECIAL PROVISIONS SECTION 1 - TERMS DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS AGENCY: City of Diamond.Bar Board: City Council of the City of Diamond Bar Caltrans: State of California, Department of Transportation County: County of Los Angeles Engineer: The City Engineer . of the City of Diamond Bar or his authorized representative Federal: United States of America Contractor: 'The word Contractor is supplemented by adding thereto the following: The term Contractor means the Contractor as defined herein or his authorized representative. SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATION 2-5.1 General. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked' in red on this control set to show the as -built' conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer: Final approval of the project will not be made until this requirement is met. SECTION 4 — CONTROL OF MATERIALS z 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and . workmanship. The Contractor, at no cost to the AGENCY; shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within 1 year after the date of acceptance of work. Within this 1 -year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the. work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects of noncomp ltlun 30 dliance.. The Contractor shall make all repairs, replacements, and restorations wa s after the y date of the Engineer's written notice. 37 4-1.5 Trade Names or Equals. Approver of equipment and materials offered as equivalents to those specified must be obtained prior to the opening of bids as set forth in the Instructions to Bidders. SECTION 5-- UTILITIES 5-1 LOCATION The Contractor shall notify the owners of all utilities and substructures as set forth in the General Specifications. SECTION 6 — PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-7 TIME OF COMPLETION 6-7.2 Working Day. The Contractor's activities shall be confined to the hours from 7:00 a.m. to 4:00 p.m., Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead, and travel time. The service fees will be deducted from any payments due the Contractor. SECTION 7 — RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES A noise level limit of 86 dba at a distance of 50 feet shall apply to all construction equipment on or related to the job whether owned by.the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protecion of personnel. 7-2 LABOR 7-2.2 Laws. The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCIES.. State and Federal orders regarding affirmative. action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. - The Contractor shal ensure unlimited access to the job site for all equal employment opportunity Insurance Cover a¢e Requirements Limit Requirements Comprehensive General Liability $1,000,000 Product/Coinpleted Operations Hazard $1,000,000 Comprehensive Automobile Liability $1,000,000 Contractual General Liability $1,000,000 . A combined single limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. 7-5 PERMITS The text of Subsections 7-5 of the Standard Specifications is hereby deleted and replaced with the following: Prior to the start of any work, the Contractor and its subcontractors shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The Contractor and all subcontractors shall each 'obtain an AGENCY business license, and shall be licensed in accordance with State Business and Professions Code: The Contractor shall also obtain any and all other permits; licenses, inspections, certification, or authorizations required by any-governig body of entity. 7-9 PROTECTION -AND RESTORATION OF EXISTING IMPROVEMENTS The sec tondparagraph of Subsection 7-9of the Standard Specifications is hereby deleted and replaced with the following: The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs; sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installation, pavements, structures, etc.) which are damaged or removed as a result of his operations or as required by the Plans and Specifications. pavement markings and curb markings are damaged or their . Where existing traffic striping, p g reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered' as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or reestablishment shall be at least equal to the existing vements in finish and dimensions unless, otherwise improvements and shall match such impro specified. 7-10 PUBLIC CONVENIENCE AND SAFETY - 0.1 Traffic and Access. Subsection 7-10.1 of the Standard Specifications. is amende 7l d by adding thereto the following: The Contractor shall notify the occupants of all affected properties at least 48 hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained, except as 39 -. required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed, except as permitted by the Engineer. At least one 12466t wide traffic lane shall be provided for each direction of travel on all streets at all times, except as permitted by the Engineer. The traffic lanes shall be maintained on pavement, and shall remain unobstructed. Clearances from traffic lanes shall be 5 feet to the edge of any excation and 2 feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. One 4 -foot wide paved pedestrain walkway shall be maintained in the parkway area on each side of all streets. 7-10.3 Street Closures Barricades, Detours. Subsection 7-10.3 of the Standard Specifications is amended by adding thereto the following: Street closures will not be allowed, except as specifically permitted by the Engineer. 7-10.5 Protection of the Public. Subsection 7-10.5 is hereby added to Section 7 of the Standard Specifications as follows: It is part of the service required of the Contractor to make whatever provisions are necessary.to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption of contamination of the public water supply, interruption of other public service, of from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions. be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and materials together with the cost and expense of such repairs are as deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the fall responsibility for public safety. 40 7-15 RECYCLING OF MATERIAL Subsection 7-15 is hereby added to Standard Specification: 7-15.1 Recycle of Apshalt Concrete, Portland Cement Concrete. 7-15.2 Contractor's Obligation. The Agency is committed to recycling program. It is the obligation of the contractor, under this contract, to recycle the waste material through an approved recycling plant. Records and report of waste material will be submitted to the City of Diamond Bar on a regular monthly basis. The construction and demolition requirements of the City of Diamond Bar has been provided in Appendix E for further information. SECTION 9 — MEASUREMENT AND PAYMENT Subsection 9-3 is modified by the addition of the following paragraphs; The Contractor agrees that the payment of the amoun&under the Contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and all claims or liability on account of work performed under the Contract or any alterations thereof Progress Payments. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of actual work completed by the end of the proceeding calendar month, based on the contract of price less all previous payments, provided that in all events, the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. This payment shall in no way be considered as an acceptance of the work or material of the Contract, nor shall it in any way the fnial estimate. The Contractor shall be entitled one hundred( ercent 100% o) of each payment request if the p Contractor files a bond or places the retention in escrow. Final Pa�inents: After the completion of the Contract, the City Engineer shall make a final inspection of the' work done thereunder, and if entirely satisfactory and complete the City 'shall pay to the Contractor an amount which, wehen added to the payments previously made and the deductions allowable to the City, will equal ninety percent (90%) of the contract price. Thereafter the balance of the contract price remaining unpaid shall be paid 35 calendar days after the recording of a Notice of Completion by the City. The payment of the final amount due under the Contract and the adjustment and payment for any work done in accordance with any alterations of the same shall release the City from any and all claims on account of the work performed under the Contract or any alterations thereof. y Cit ant defects the workith the . Notice Guarantee. The Contractor agrees for a period of one year commencing w of Completion, to correct without additional charge to they, performed. 41 TECHNICAL PROVISIONS SECTION 1 TRAFFIC CONTROL Bid Item No. 1) 1.1 DESCRIPTION Traffic control, construction signing and traffic maintenance shall comply with the provisions of Subsection 7-10 of the Standard Specifications, Subsection 56-2 of the CALTRANS Standard Specifications, and the current requirements set forth in the "Manual of Traffic Controls for Construction and Maintenance Work Zones" published by the. Department of Transportation, State of California, the traffic control plans and these Special Provisions. 1.2 PUBLIC CONVENIENCE The Agency will require the Contractor to distribute two (2) "Public Notice" to each business and resident affected by the program. The first notice shall be distributed ten (10) calendar days prior to the start of any work. The second notice shall be distributed at least forty-eight (48) hours prior to the start of work. A sample copy of the notice must be approved by the City. Said notice shall be attached to a red information hanger provided by the Contractor and hung on the front door knob. All complaints received by the City associated with alleging damage to private property and vehicles shall be responded to by the Contractor within twenty-four (24) hours of notification. Failure to comply with this provision may result in a penalty of fifty dollars ($50.00) per occurrence. All trucks which the Contractor proposes to use that exceed the legal load limit when loaded will be required to have overweight permits from the City. The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project as specified in Subsection 7-10 of the General Provisions. 1.3 PROTECTION OF WORK AND PUBLIC ` The Contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the work. The Contractor shall repair all damaged overlay and PCC as a result of - vandalism (i.e., vehicle tracks, footprints, writing, etc.) If deemed necessary by the City, the Contractor shall repair the defective area in accordance with these Special Provisions. 1.4 CONSTRUCTION SIGNING installing, maintaining and removing construction signs Construction signing shall consist of furnishing, and barricades as required by the "Manual of Traffic Controls for Construction and Maintenance Work Zones". The traffic control system shall be installed on a road prior to starting work for that road and shall not be, removed until all work has been completed on that road. Existing speed limit signs shall be covered during the entire co* strn period: Also in conjunction to the public relations effort, Contractor shall supply and erect project construction information signs at the designated locations as determined by the City. Such signs shall conform to the City's specifications (5'x4' signs, white with green lettering). Specific verbiage to be determined by the City. There shall be a minimum of two (2) such signs posted. ADDITIONALLY, A MINIMUM OF .ra rnx jorrwe eU A T.T. RF. PngTFD FOR A DURATION OF UP TO THIRTY (30) CALENDAR DAYS. 1.5 TRAFFIC MAINTENANCE The Contractor shall be responsible for handling vehicular and pedestrian traffic in accordance with Subsection 7-10 of the Standard Specifications and these Special Provisions. The Contractor shall install traffic control per the traffic control plan included in project drawings. The plans shall be submitted to the City at least two (2) weeks prior to commencing work and shall incorporate a complete and separate plan for each stage of construction proposed by the Contractor. This plan shall indicate the sequence of lanes or portions of lanes being closed for each phase. The traffic control plans shall indicate the travel plan for each phase of construction. The Contractor shall cooperate with the Engineer relative to handling traffic through all work areas and shall make his own arrangements relative to keeping the working area clear of parked vehicles and maintaining clear access to driveways. The Contractor shall furnish and install special construction notification signs as shown on traffic control plans and as specified by the city of Diamond Bar ten (10) days prior to the beginning of construction. Exact locations of signs to be determined by the City Engineer. The Contractor shall provide for controlled pedestrian crossings through the. work. Crossings shall provide pedestrians a means of passing over or through the work without: tracking tack coat or . hot asphalt rubber or endangering pedestrian safety. At intersections if a -cross road needs to be temporarily closed when work is in progress through the intersection and the anticipated traffic delay is more than five (5) minutes,; a detour sign shall be b'�g: p playing installed on the cross street and shall include the installation of advance si dis la ' the anticipated delay time. The signing of the detour route shall be .approved by the Engineer prior to installation of the detour and closure of the road. Contractor's p parked C h f and e ment ui ersonal vehicles ote ontractor's mpl ain the work zone on the arking of construction equip equipment traveled way at any time. Overnight padjacent truction equipment shall be confined to the approved storage site. roads is not permitted. Parking of cons 1.6 TEMPORARY GUIDE MARKERS shall be portable CALTRANS Standard Specifications approved delineators. Temporary guide markers Only one t ype of temporary idp ary guide marker shall be used on any road at any one time. Temporary guide markers shall be laced adjacent to the edge of all vertical lips: or excavations which p � exceed 1.5 inches. If the temporary guide markers are damaged, or are not in an upright positionJ in ately be replaced or restored to their original' locations, in an any cause, said markers shall immedi upright position by the Contractor. 43 1.7 PORTABLE DELINEATORS The vertical portion of the portable delineators shall be brilliant orange or predominantly orange in color. The posts shall be not less than 2.25 inches m' width or diameter or, if tapered, shall have a cross- sectional area of not less than 100 square inches, measured through the vertical axis of the delineator, normal to the roadway. The minimum height shall be thirty-seven (37) inches above the traveled way. Two 4 -inch nominal width reflective bands shall be mounted a minimum of 1.5 inches apart and at a height on the post so that one reflective band will be between 2.5 feet and 3 feet above the roadway. surface. Reflective bands shall be flexible vinyl plastic, either white or yellow, and shall have not less than the following dry reflective values at a 0.2 degree divergence angle, expressed in units of candlepower per footcandle per square foot. The wet reflective values shall not be less than ninety percent (900/o) of the dry values. Dry Reflective Value Angle of Incidence 4° 150 30° White 250 165 50 Yellow 150 110 50 All tests for reflective value shall be performed in accordance with Test Method No. Calif. 642. The portable delineators shall be spaced as necessary for proper delineation; however, in, no case shall the spacing between portable delineators exceed thirty (30) feet on tangents or twenty (20) feet on curves. 1.8 FLUORESCENT TRAFFIC CONES Fluorescent traffic cones shall be new or reconditioned and of. good commercial quality, flexible material suitable for the. purpose intended. The outer section of the portion above the base of the cone shall be a highly pigmented fluorescent orange polyvinyl compound. The overall height of the cone shall be at least twenty-eight (28) inches. The base shall be of sufficient weight and size or shall be anchored in a manner such that the traffic cone will remain in an upright position. The fluorescent traffic cones shall be spaced as necessary for proper delineation; however, in no case shall the spacing between fluorescent traffic cones exceedthirty (3 0) feet on tangents or twenty (20) feet on curves. 1.9 STRIPING Temporary striping and marking for traffic control if required shall conform to Section 310-5.6.5 of the Standard Specifications. Temporary striping and marking which has no further.use shall be removed by I et sandblasting, and all sand used in sandblasting shall be removed without delay as the sandblasting operation progresses. 44 1.10 RESTRICTIONS ON CLOSURE OF STREETS AND TRAFFIC LANES The Contractor shall conduct all operations so as to provide reasonable access to the adjoining properties and have no greater length or quantity of work under construction that can be properly prosecuted with a minimum of inconvenience to the public. The Contractor shall construct temporary A.C. ramps to provide safe and driveable access to residents and businesses. The full width of the traveled way shall be open for use by public traffic on Saturday, Sunday and any day designated by the Agency as a legal holiday, after 3:00 p.m. on Friday, and on the day proceeding a desiated legal gn g 1 holiday, and when construction operations are not actively in progress on working days. Construction time will be limited to the hours of 8:30 a.m. to 4:30 p.m. for all base bid, items and will be strictly enforced. 1.11 PAYMENT m Pa'Yent for traffic control will be made at the contract lump sum pricedn id anshall be considered full payment for furnishing all materials, labor, equipment, and all incl necessary to complete the work in accordance with the Standard Specifications and these Special Provisions. SECTION 2 CONSTRUCTION OF CONCRETE CROSS GUTTER AND Y.(;.0 crn'VAV A T .0 (Rini Ttem No_ 2 and 3) .2.1 DESCRIPTION Concrete cross gutter and P.C.C. sidewalk shall conform the requirements of Section 303-5 of the Standard Specification. Subgrade preparation shall conform to the requirements of Section 301-1 of the Standard Specifications. Refer to Section 201-1.1.2 for the class of concrete to be used. Concrete cross gutter shall be constructed per APWA Standard Plan 122-2. P.C.C. sidewalk shall be constructed per APWA Standard Plan 113-2. 2.2 PAYMENT - Construction of concrete cross gutter and sidewalk shall include sawcutting, excavation, grading, renoval of existing structural section, preparation of'subgrade and all other items of.work as required to. complete the work in place and shall be paid at the contract unit price per square foot. Asphalt concrete shall conform to provisions of Sections 203 (except 203-6.4.3), 302-5 and 400 of the Standard Specifications, except where superseded by these Special Provisions. Asphalt concrete base course shall be Type 111/132 (PG64-10). Coarse aggregate shall consist of material of which at least 75% by weight shall be crushed particles. Asphalt;concrete finish course shall be Type IIUB3 (PG64-10). The Contractor shall submit for Engineer approval the mix design for asphalt concrete covering the specific materials to be used. Base course asphalt shall be placed on the prepared subgrade by approved spreading devices, which will ...deposit a uniform layer of materials. Surface course shall be placed in one lift with an approved self- propelled asphalt paver. Any surface irregularities will be corrected in the aforementioned manner as directed. If in the opinion of the Engineer, a satisfactory riding surface cannot be attained on the surface course, the. Contractor shall be required to spot dump, grade and roll or heat and plane off asphalt concrete following placement of base course to the satisfaction of the Engineer. Automatic screed control system with minimum 30 feet long ski device shall be used. The ski device shall be a rigid one-piece unit and entire length shall be utilized in activating the sensor. Add to Subsection 302-5.5 of the Standard Specifications, 'Distribution and Spreading", the following: Tarpaulin shall be used to cover all loads when directed by the Engineer. In lieu of the Standard Specifications, in place density shall be achieved by utilizing the compaction method as specified in Section 39-6.03 of the State Standard Specifications, as modified as follows and no compaction testing will be required. A pass shall be one movement of a roller in either direction. Coverage shall be as many passes as are necessary to cover the entire width being paved. Overlap between passes during any coverage, made to insure compaction without displacement of material in accordance with good rolling practice, shall be considered to be part of the coverage being made and not part of a subsequent coverage. Each coverage shall be completed before subsequent coverages are started. Rolling shall. commence at the lower edge and shall progress toward the highest portion, except that when compacting layers which exceed 0.25 foot in compacted thickness, and if directed by the Engineer, rolling shall commence at the center and shall progress outwards. All other asphalt concrete and asphalt concrete base shall be compacted as follows: Initial or breakdown compaction shall consist of 3 coverages of a layer of asphalt mixture and shall be performed with a 2 -axle or 3 -axle tandem or a 3 -wheel roller weighing not less than 12 tons. Where the thickness of the layer of asphalt mixture is less than 0.15 foot, fewer coverages than specified above may be ordered by the Engineer if necessary to prevent damage to the layer being compacted. The initial or breakdown compaction shall be followed immediately by additional rolling consisting of 3 coverages with a pneumatic -tired roller. Coverages with a pneumatic -tired roller shall start when.the .46 temperature of the mixture is as high as practicable, preferably above 180° F., and shall be completed while the temperature of the mixture is at or above 150° F. Each layer of asphalt concrete and asphalt concrete base shall be compacted additionally without delay by a final rolling consisting of not less than one coverage with a steel -tired roller weighing not less than 8 tons. Except as otherwise provided for low rates of production, a separate finish roller will be required. Rolling shall be performed so that cracking, shoving or displacement will be avoided. Rolling, where 3 -axle tandem rollers may be used as specified in Section 39-6.03 of the State Standards and Specifications,. shall be under the control of the Engineer, but in general, no 3 -axle tandem roller shall be used in rolling over a crown or on warped sections when the center axle is in the locked position. No alternative compacting equipment will be approved. Upon completion of rolling: operations, if ordered the concrete or asphalt by the Engineer,asphalt. concrete base shall be cooled by applying _water. Applying., water shall .conform tot ,he provisions in Section 17, "Watering" of the State Standards. The completed surfacing shall be thoroughly compacted, smooth, and free from ruts, humps, ons or other objectionable marks left. in the surface of depressions; or irregularities. Any ridges, indentati the asphalt concrete by blading or other equipment shall be eliminated by rolling or other means. The use of any equipment that leaves ridges, indentations, or other objectionable marks in the asphalt concrete shall be discontinued, and acceptable equipment shall be furnished by the Contractor. When a straightedge 12 feet long is laid on the finished surface and parallel with the centerline, the surface shall not vary more than 0.01 foot from the lower edge of the straightedge. The transverse slope of the finished surface shall be uniform to a degree such that no depressions greater than 0.02 foot are present when tested with a straightedge 12 feet long laid in a direction transverse to the centerline and, extending* from edge to edge of a 12 -foot traffic lane. 3.2 PAYMENT Payment for asphalt concrete shall be at the contract unit price per ton and shall include full compensation for all labor, material; tools, equipment, and incidentals necessary to complete all work. Finalquantities shall be measured- in the field and based upon a legible copy of a Weighmaster's certificate showing gross, tare and :net weight of. each - truckload of asphalt concrete mixture. This payment shall also be full compensation for furnishing and placing all liquid asphalt used for tack coat. , 3.3 ASPHALT EMULSION The tack coat between overlays or between overlay and existing pavement shall be an RS -1 undiluted vertical surfaces of existing pavement and curbs and gutters against which additional materials are to be placed. 3.4 PAYMENT . Payment for liquid asphalt and asphalt emulsion will be included with asphalt concrete and no separate payment shall be made. SECTION 4 CONSTRUCTION OF CURB OPENING CATCH BASIN AND LOCAL DEPRESSION Bid Item No. 5 and 6) 4.1 DESCRIPTION Excavation and haulaway shall be performed in conformance with the applicable portions of Sections 306 of the Standard Specifications with the following modifications: All trenches for storm drains shall be backfilled immediately after the pipe has been laid and inspected, and as soon as permitted under the specifications. Open trench, as referred to herein, is defined as all, excavations made for the permanent installations required on the project, which have not been completely backfilled; as required elsewhere in these specifications and in which either temporary or permanent paving has not been placed. For cases where the area surroundingthe trench is to be resurfaced with asphaltic concrete under this contract, and if the Contractor elects to allow vehicular traffic on the course under the wearing surface, such course shall be constructed so as to, in the opinion of the Engineer, provide smooth -riding qualities and shall not be a hazard to vehicular traffic. In all cases, surfacing must provide a smooth ride quality and be maintained as such until final surfacing. All open trenches not protected by specified protective and security fencing shall be surrounded by barricades. Unless otherwise specified, barricade shall be placed in accordance with. the "MODEL WORK AREA TRAFFIC CONTROL HANDBOOK (WATCH)" as prepared by the Uniform Ordinances and Practices. Committee of the Southern California Chapter, American Public Works Association. Such open trench areas shall not be opened for vehicular use of the public until temporary or permanent pavement has been placed to provide a smooth surface for vehicular travel. Areas that are opened for use of the public shall be imaintained by the Contractor to provide a smooth surface until the final wearing surface is placed.' Failure by the Contractor to comply with the limitations specified herein, or as -may be specifically authorized by the Engineer, may result in a written order from the Engineer to halt progress of the work until such time as compliance with this subsection has been achieved and the work can be prosecuted in an orderly sequence of operations. `All costs to secure and maintain the work site to meet public safety, and traffic control requirements of these specifications shall be borne by the Contractor. 48 All sand backfill shall exceed sand equivalent of 30, shall be thoroughly compacted by tamping or vibrating and shall be jetted with water, working from the bottom of the trench upward. Cohesive backfill, i.e. all other than sand backfill, shall be carried up simultaneously on each side of the pipe and compacted in uniform layers; not exceeding eight inches (8") in thickness, up to the level at least twelve inches (12") above the top of the pipe. Cohesive backfill materials shall be moistened to optimum moisture content and each layer solidly tamped with the proper tools so as not to injure or disturb the pipe. Cohesive backfill shall not be compacted by flooding or jetting. All materials not suitable or not needed for backfill shall become the property of the Contractor and shall be disposed of off the project site. All materials not needed for backfill or not suitable shall become the property of the Contractor and shall be disposed off of theproject site, in accordance with the provisions of Section 7-1.13 of the Standard Specification All backfill between the bottom of the trench and six inches (6") below the aggregate base shall have a minimum density of not less than ninety percent (90%) of maximum density at optimum moisture content. The aggregate base and the top six inches (6") of the subgrade material shall be compacted to a relative compaction of ninety-five percent (95%). Existing asphalt concrete, oil surfacing, and all other excavated material unsuitable for use as fill shall and shall be disposed of outside the right-of-way at a site of his become the property of the Contractor disposal of said materials shall be considered as being included own choice. Full. compensation for the ntract items and no additional compensation will be allowed. on the contract price paid for various co All trenches and other excavation, shall be adequately shored, sheeted, or braced to furnish safe working conditions and ample protection of the work and.adjacent utilities, structures, and traffic. 4.2 PAYEMNT Full compensation for sheeting, shoring and bracing as required shall be included in the unit price per linear foot of storm drain : pipe and shall include full compensation .for furnishing all , labor, _tools, equipment, materials, incidentals, and doing all work involved and no additional compensation will be allowed therefore. 4.3 CURB OPENING CATCH BASIN AND LOCAL DEPRESSION Construction of curbopening catch basin and local depression shall conform to Section 303 of the Standard Specifications: Curb opening catch basin shall be 'constructed per APWA Std. Plan 300-3 width per plan, and local `depression shall be constructed per APWA Std. Plan 313-3. 4.4 PAYMENT 49 Payment for construction of curb opening catch basin and local depression shall be made at the contract unit price per each and shall include all labor, materials, removing of existing 3 -foot wide catch basin, AC and aggregate base, subgradepreparation,- protecting in place of utilities; disposal of excavated materials, backfill, compaction, brick and mortar seal, and the cost of all other labor, equipment, and materials required for the construction of curb opening catch basin with local depression and connection to existing storm drain as specified herein and no additional compensation will be allowed therefore. SECTION 5 ROADSIDE SIGN Bid Item No. 7) 5.1 DESCRIPTION Sign shall conform to the provisions in Section 56, "Signs of the State Standard Specifications, State Specifications for Reflective Sheeting on Aluminum Signs, the State 'Specifications for Aluminum Single -Sheet and Laminated -Panel Signs and these Special Provisions. The work to be done hereunder consist of furnishing and installing sign, sign post, repairing exisiting sidewalk where sign post installation may impair. 5.2 PAYMENT Payment for this item shall be at contract unit price per each and there shall be no additional compensation for this item of work. SECTION 6 REMOVE AND INSTALL NEW PAVEMENT MARKINGS Bid Item No. 8) Contractor shall completely remove existing stop- legends and stop .bars by appropriate means to the satisfaction of the Engineer and install new pavement markings as shown on plan, including new stop legends; stop bars and, bike lane marking. 6.1 REFERENCE STANDARDS The following specifications and standards listed in this paragraph form a part of these Specifications to the extent required .by the reference thereto_. A. State of California, Department of Transportation (CALTRANS) 1. Standard Specifications (Latest Edition) 2.- Standard Plans(Latest Edition) 3 < California MUTCD (Latest Edition) 6.2. SUBMITTALS Prior to delivery of paint and thermoplastic material, the contractor shall deliver to the Engineer certified copies of manufacturer's test report conforming to Section 210-1.7 of the Standard Specifications. PRODUCTS 6.3 . MATERIALS A. Thermoplastic Material shall conform to Section 210-1.6.2 of the Standard Specifications. B. Reflective material in Thermoplastic Paint shall conform to Section 210-1.6.5 of the Standard Specifications. C. 'Paint for striping`and pavement inarkinga shall be. double coated and. beaded;. conforming to the Standard Specifications and all subsequent supplements. Paint type shall. conform to.. Section 210- 1.6.3 Rapid Dry Traffic Line Paint. D. All stencils and templates shall be identical with those used by the City of Diamond Bar. 6.4 EQUIPMENT A. Shall conform to Section 310-5.6.3 of the Standard Specifications. B. Preheaters with vertical mixers having 360 degree rotation shall be used to preheat granular form material. EXECUTION 6.5 WEATHER CONDITIONS A. . Painting shall be erfo P rmed, when weather conditions comply, with Section 310-5.6:2 of the Standard Specifications 6.6 PREPARATION.OF EXISTING SURFACES A.. Shall complywith Section 31.0-5.6.6 of the Standard Specifications. B. All existing conflicting traffic markings and lines shall be removed as required: C. All striping limit lines _ left illegible by paving or slurry seal. operations must be temporarily replaced on the same day of paving or slurry sealing. The method of temporary striping must have prior approval by. the City. Engineer. D. New pavement and seal coats shall be allowed to cure at least 72 hours before any paint is applied. 5.1 .. ...... .. P J .9!; y Wk* .4 �C.O.Uld rend -6r Te QV'Oliol ;xt g. 9- F. The C 6 fm �Me zn d -new—:8W P G 6.7 LAS�T do f-4�by I b A. cm �'A�' otraotor, as port oPfh-e;6ohtr,46t A11:6A hg,�6 Pf og, �h.kllf be- O'd B. ;�y 04sfiall 3; �O 6 P Y_ ell C. Stencils Ahdil be used A 've tmajidgg!�:and for short. oae w )e ort radiuscui ip'ltA 9, -64 C. Ap,.A#*!, ,bf0&:'Y'P: applied to :'all asp;YiaT The polryiet �Wl, LIO oatimtv*T-*,'eo'dm"*'l m t ' d**'d by the. xnanU a-i-tvll ed; .bt tl inried Ori Y Q�Pflq,, ely,,, T 0 -Pa -vie th-3, 'P -e the 1coaled b 1 �qn ml, !W� E. Striping : 44 -pa .rnoa't nkk i -oth -h --h "aftaO'the .-pA to W1Ah axe; d= my -aged 'o Ato-ke op&t of O'bairfing'. cons lc public tra'-fift tructi."ote in at .his expense . p 6 6,V ZEA Zv1Eh1T j. 0. ITIS, a, g. S- ping, pw -n hezmoplastzc or>paint' D bid for Ti�ffio 0 'Alfa, g, 0." 40g::sum price :d h.... fila Mb , 1* as called f6, In d; aclditLopal t :,AINTH., am sit A N, 7.1 DS'CRiI'TLCQ Tl�e:or1r udder tii }iem inccles'reinoval of sxisting grasllbase tb a'depilt a£two RC2) feet aud' place�nent�'frnr`u�e7i��*s�;eci�i��;hexe iri, r 7.2 Q,TI IT :A SSU<RAN E A. Conplywth all appXxctile local, �tafe, �sderai requ�remoits regarding materials, methods of �!ork, and drs osal ovexcess'arid-va' to materials,: B.uacte' d u ectiorzs, specaicat4nSand delazldrav�rngs;ll bQlloied iri all eases whers�atCiles4sed;?ish'checttons:eo�zingpplS notelYetsdthe 1?la or �. Thd vvorlCcudei i pi`s ±lection x�vil� be dobe to tie sats £acttota Of tie pity and ths.deexson by theityas to �ei :t enstctiozi mearnn of`tli� Plans aac� Specifications will b� anal. 7.3 EIIE7C1h�`1 P Q.L7ZBE[V�NT'S . 1�, Dof�aGans't,�andcae rnat�xals vihen,aml�irit tinperatures r a� dfQ bel:Qw 45 .:egibs; I X12: .,err,a,,a y ocity o c�eds�a3(1'ta h C$ klhr bo.xi©t:instal� PRODUCTS S MP l ul f all be as: Spee i below anct: lac cl ove :180N filler fabxtc p attttiact red.:by IvFirafij, A: 1vSt lc$ ha l y�e°« o�est Floo`'" .QJ 2") Avlable+oxb'`o�# Aq .naga 799 urne B�Bolvard' . `C9�G9� -7,9'6 9558 njal fibrous, voocly bark m%x e o�var c, attiole side with the following r et acteilcs. 8'dL100 C. Mulch .shall be packages in bales or bags unless the City approves a bulk source in advance of delivery to the site of the work. The Contractor shall submit one sample of three (3) different mulch materials. D. The Engineer has the right to reject all samples and request additional. samples until a suitable mulch is approved. 7.5 PAYMENT Payment for all work specified under this, section shall be paid at the contract Lump Sum (LS) price bid for. Irrigation Improvements and shall include all costs for. installation, labor, materials, -equipment, taxes, transportation costs.. and incidentals to accomplish. the work as indicated in these. Contract Documents and no additional compensation will be allowed. SECTION 8 MOBLIZATION Bid Item No.10) . 8.1 DESCRIPTION Mobilization shall conform to the provisions of Sections 9-3.4 of the Standard .Specifications Mobilization and demobilization7 shall consist of preparatory work and operations including, . but not limited to, those necessary for the movement of personnel, equipment, materials; and incidentials to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred ncluding bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization shall also+ include time, materials; and labor to move the necessary construction equipment to' and from the site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition, and . all other related work as required at all times and for all non -working days during the construction period. The Contractor is responsible for securing an.adequate storage site for equipment and materials. No additional .amounts shall be paid •for erosion control, Best Management Practices (BMP), erosion damage cleanup, and removal of debris from the project site, NPDES requirements, or removal of soil deposited on public streets by.construction traffic. Best Management Practices (BMP) shall be defined as any program, technology, process, citing criteria, operating method; measure, or, devise, which controls, prevents; removes, or reduces pollution. The Contractor shall obtain and refer' to the California Storm. Water Best Management Practice Handbook Volume 3 Construction BMP Handbook and the Los Angeles .County Department of Public Works Management Practices Handbook for Construction Activities. 54 The Contractor shall have a minimum of two readily accessible copies of each publication on the Contract site at all times plus any copies of applicable environmental mitigation plans. Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operation. When more that one BMP is listed under each specific BMP category,. the Contractor shall select the appropriate and necessary number of BMPs whithin each category in order to achieve the BMP objective. BMPS for Contractor activities shall be continuously implemented throughout the year and project time period. BMPs for. erosion control and sedimentation shall, be implemented during the period from October 15 to April 15, and whenever the National Weather Service Predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any Contractor activity or construction operation, which may produce runoff, and whenever runoff from other sources may occur. :Full compensation; for the implementation of BMPs, including the construction, removal, and the fiuiushing. of all necessary labor, equipment and materials shall be considered as included in the Mobilization price: The Agency.. (City), as a permittee,: is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency, and private citizens. The Agency will assess the Contractor a penalty of $1,000 for each calendar day the 'the Contractor has not fully implemented the BMPs specified for the Contract and/or is otherwise in noncompliance with these provisions. In addition, the Agency will deduct from the final payment due the Contractor the total amount of any fines levied on the Agency, plus legal and staff costs, as a result of the Contractor's lack of compliance with these provisions and/or less than complete implementation of the specified BMPS. 8.2 PAYMENT Payment for mobilization. shall. be included in the Lump Sum (LS) Price (not to. exceed 5% ofbid total) arid.. shall be consideredfull compensation for mobilization, demobilization, obtaining all business licenses and permits as required for the entire project from all related agencies including; but not limited to, utility companies, private and public agencies and the City of Diamond Bar; and complying. with the requirements specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practices, and incidentals necessary to perform all related items of work. Progress payments for mobilization bid.item shall be paid for in accordance with the completion percentage of the project to the Contractor and shall include the cost of such mobilization and administration during the: entire contract period. 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RB.A"a J.44 UARKIVGS FIEWIS00" DEPARTMENT OF PUBLIC WO IMPROVEMENT PLANS FOR BREA CANYON ROAD DRAINAGE iMPROVEMENTS V,[3TY At64LGaj iEsu'O.A• $'✓J.Lfi.Y � NN fHS'.Y CCV.Wt1' w4Atr IA.!£Y N'AfF9 LStFT nYF 1AF.tiC4 .A1s�r yA:u:alnrr h)iDEX Or SHEETS I TITLE SHEET 2-3 BREA CANYON ROAD DRAINAGE IMPROVEMENT PLANS CONSTRUCTION NOTES oShWE ANO REUC.£ ALL EUSMIG fYPP.0 EVENTS ;NC.UD;NG ASP4XIT. CU-:, F -WA K. CLF.B RAMPS. ETC UNLESS INDICATED OTHERWISE O CC'lSTFUCf C C A"!i05S WEA PER APWA 570 PIAS! 122-2 .01n:n PER DETAA MIR sM- 3 CTS a -r Pj1 CEPH' }C, r DEEN' {'ICBM PER mm) i CONSTRUCT PCC SI -1.1 PEP. A'.'WA ITD PLAN 113-2 5 REPO:£ EPSTRO cOVEI/EASE PCR A DE 11 U 2 -FT AND nJC 4ULCN PER PROFCt : EOF1CAWO S 6 C0452UCf RC Ot£R """'DSASE ] RlUA:L WGrE lP[RUO? ASIC PAIEUENT LE.^ ]. b INSTALL 127 -E WrU-SRC Sial EAP. 9 'INSIAJ. 5' TR.TTE DYE L -HE '.BIE PER MI -S DLiuts '_9 Y 33A. '10 If1IM-1 RI 111P 5O1 it IFi'ALL C DPSLE `GLO'W LANE. {L-`_0') CONSTRUCTION NOTESwpkc._m} ,ITs 61 REUOI£ EXIT CATGI 9A5N. 1D2 CDR A,UCT 6'RB CFEWNG CATCH BASH PER APWA STD. PLY }-0-3 (W -PER PLAII }X.D WOREC, TO EX -ET. STD U DRAW LATE J DEPAI Ci BAER TO UATOI EAST. 9 C:NsuiLct Lcr� CEPRESSON PEN AWA, SID. PAF 313-3. GSE A- I— I— SUft£1CR BE 1 A- UO4JYENT I- A E.%L'1N WALL CtiCH 9-511 a5 FT TE . EF CENTEPLHE �t»EluXCnU{ET 3Ac 19T}IIN C: CQ!'E.UVE -twl V tl�/tltl4T■ H H HVOH'Y9H CITY OF DIAMOND RAR MROW004T PLANS FON BREA CANYON ROAD ORAINAOE AIPROVENENTS RF1TMENT OF PUBLiC WORKS DATE : OH/CS/TU 9I.ET 1 6 3 9FEt5 t {t 4 s=L 1 • '� CA CANYONy T 411 W— Y i\Y�•.. , t Thi— [—" (—.��.-�.'— 71 v.�_-�Y - _5--�— �-�i<� _ � '+6 S 615r. 18'NQ+ „ \\ 1 D {{ � ` i .,-=T't�-'f' � �� � -� ��2�1U Sr4,�,y, � _r•+pn 1 't yf1 - — 1 � \ /� �^ � i. +^ �` � ..���.�. �. • z r � ..1 _ �I �R/¢ 'I�`?.� �"' ���_�. ` ' _.-.�� '� T U.praP E '{j�o' 1 a. �, t � ` �.. t /i 7 .� ��c � � �r�(" ; : V I ` i l i t i ..�,. 1 1 f i ' 1 ,.i, "%` _'---� ._ �` '':9z�-- -`� 'anr•1 t a 1 r 1' CONSTRUCTION NOTES+ - .: swv r.» aF. M ut Fnsr. r+Faoru[xrs rw.rawc hPlVLT. .__ oa»sr �xMux, aaa au1r;, erc uretss rmarzn on,aws<. Q CRISIRVCr RL unix +0. i' uF.F pmnl PEY 1.1H; vls:sa: r nart ih�. we tat Fu n�n?,xs o-_rw\s n r ss4. N a• 1'-zt CONSTRUCTION NOTES lsroy 6w1 oa.suu.rs) roti Fwo,e :cmm c4roi e4�1 CUi51F1.Kt G2e -1. C41[. E 1 P�� lPAA Six. FUti ]UFS (W , ". .VO COtIfGf i0 DiST. 516 Y ➢aATI tAiFa4L LQ'nl 6?4911 i� ilAi�l FLSf. CRSiGCf l?ll CF PE`9G! FL 1S/4 510. JV 2i1-1 LEGEND ri uuirs ce au+awi LJ �lr`r f .. 11 1 aly CONSTRUCTION NOTES (STCRAI CRAIN IM.PRTWDIENTS) Dot RCMCAE EXIST. CATCH DASPt Q2 CONSTRUCT CURB OPEI,:NG CATCH BASIN PER AP'WA SID. PLAN JM -3 (W PEP. PLAN) AND COUNZ T TO DIST. STORM GRAFI LAIERU- DEPTH OF BASIN b HATCH EXIST. Q3 CONSTRUCT LOCAL DEPRESSION, PER AFWA SE). PLAN 31.1-3. CASE A. 10 115 3 s� / ._I}1. - : //' ' l��. �t��� �i1//•+T cwe F<,um, rnT. -5 / F/�'�' � [p'1f�Y3 'mob �� T �, • jG 1.�1E3' paf gyp• I�"' . '� - •+-.CS/5 •*1� ! 1 AT• 111 ��� _ �..."�� I / . �r � -�\/� / � ! 5•T' �i 'r YAR w,i oAt" � I "� � +1-0''x-��'N+fi !�/'�--r` - �y ' ( � � L ��/�.c� � ] b�a�`r%ba��fi � • ��i�4r '8 ; FSP l - .-../- r -y, -„ti' U •8 ) "� (i) � '!4 ]n• L, X,U.`si'+ � _ xv NA `f — l� rtn NGAIA \ ^\J DISPOSITION NOTES T" CONSTRUCTION NOTES � C N 1£.. f_3 " PROTECT PLACE 'al ` • �'•" t iAW.£ Vi ANS REup•Al EXISIM1f• uP'n0'.£IIENiS :ACtUpiVG ASHA_T, /�' COHC SOEWAUS, CUPS RUGS, ETC UNLESS NL:CATED OTHERMSE i �`�_ � `f • _ _�.. �`�� .� / �A Z�CGNS_T CGNO 5 WIPER APnA 5T0 PLA! 12z -2 N. m.rpPER OVAL TNns st,SEc U CcNSIRUCT r. Fl -L_ DU+TH Al i' CEEP (:+':_IH cE. p4Jl) ® u1 M1 CONSTRUCT RCC 91EWF1 PER APM1t• StC PtIJ: 111-2 •, t>vAAJTf!' REMOVE EX1511-IG GRAAEL/BASE FOR A LEFT, OF 2 -FT ANG PLACE UtN.CH FES POO -ECT SPECIFICASID+•5 >"""x 6W11TRUGT A" IC 01E, EXISPYC BASC INS'— .11E IHE7.VFL 5rC Pl.S.ii:i Lc...J,'O. Ciw'9 DIM a w5:.c �z'Mnr mOwcrusac sip= 2AR. 9 INSA': 5' Mfi IE SYE LANE LINE FER GALT&%S DETALS 33 &.14k UT ANCTAI RI SIM II iIIA_4" O.EIE Irnow UNIT: (I -so) tt{{rraa iml Qlr>e =wZ Aml_ SCALE: =20' LEGEND — s — J LIMITS C- REMOVAL CITY OF DIAMOND BAR PanwI Eham PLMdB PCR RMA CANYON ROAD CHAINAC£ IAPROYEWMS DEPARTMENT OF PUBLIC WORKS ECT NX. I CANE p°l�5/'p - 9f3T J 4 3 91EEi CITY COUNCIL Agenda # 6.4 6z) Meeting Date: November 16, 2010 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: AWARD OF CONSTRUCTION ADMINISTRATION SERVICES CONTRACT FOR THE BREA CANYON ROAD DRAINAGE IMPROVEMENTS PROJECT TO ONWARD ENGINEERING IN THE AMOUNT OF $28,790 AND AUTHORIZE A CONTINGENCY AMOUNT OF $2,800 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $31,590. Award. FINANCIAL IMPACT: As part of the FY 2010-2011 Capital Improvement Program, $165,000 of General Funds were budgeted for the Brea Canyon Road Drainage Improvements Project: On October 26, 2010, proposals were received from two (2) engineering firms for construction administration services for the Brea Canyon Road Drainage Improvements Project. These proposals were reviewed and evaluated based on 1) general responsiveness to the City's request for proposal (RFP), 2) staff and firm qualifications, 3) approach/methodology, 4) hours and level of effort, 5) ability to meet the City's schedule and expectations, and 6) references. The following are the two (2) firms that submitted proposals with their proposed fees: Construction Administration Consultant Cost Onward Engineering $ 28,790.00 DMS Consultants, Inc. $ 29,205.00 DISCUSSION: These improvements for this project are being made to improve the storm water run-off along Brea Canyon Road between Pathfinder and Via Sorella Street during heavy rain fall. The proposed improvements include the reconstruction to increase the capacity of three catch basins on the easterly side of Brea Canyon Road as well as the construction of a concrete cross gutter at Via Sorella. In consideration of the six criteria mentioned above, staff concurred that the best firm for the construction administration portion of the contract is Onward Engineering. , Attached is Onward Engineering's scope of services (Exhibit "B"), fee schedule (Exhibit "C"), and Consulting Services Agreement. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Kimberly Molina, Associate Engineer Da -MG. bu, Director of Public Works Attachments: November 16, 2010 December 6, 2010 January 5, 2011 Consulting Services Agreement Exhibit A Exhibit B Exhibit C 2 I WIN ITIQ I I I WIRUWAVAHM CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of November 16, 2010 by and between the City of Diamond Bar, a municipal corporation ("City") and Onward Engineer ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated October 11, 2010. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's. Proposal, dated October 26, 2010 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "C." 2. Term of Agreement. This Contract shall take effect November 16, 2010, and shall continue 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 "C". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Twenty Eight Thousand, Seven Hundred Ninety Dollars ($28,790). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano, City Manager Consultant: Onward Engineer City of Diamond Bar 300 S. Harbor Blvd., Suite 814 21825 Copley Drive Anaheim, CA 92805 Diamond Bar, CA 91765-4178 6. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers 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. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with 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 shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant 's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Consultant shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Consultant's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of 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 at least $1,000,000 aggregate; and (5) workers compensation insurance with a minimum limit of $500,000-00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. 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 authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum 3 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. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest. and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by 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. al 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 Consultants 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. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. 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. 19. 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. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 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: By: Tommye A. Cribbins, City Clerk Approved as to form: By: City Attorney "CONSULTANT" By: Its: 0 Carol Herrera, Mayor Carol Herrera Mayor Steve Tye Mayor Pro Tern Ling -Ling Chang Council Member Ron Everett Council Member Jack Tanaka Council Member kJULUL)U1 11, 2010 eXH I 151'r A City of Diamond Bar 21825 Copley Drive - Diamond Bar, CA 91765-4178 (909) 839-7000 a Fax (909) 861-3117 www.CityofDiamondBar.com SUBJECT: Request for Proposals for Construction Administration/Inspection services for the Brea Canyon Road Drainage Improvement Project (City Project # 26711) To On -Call Civil Engineering Firms: The City of Diamond Bar is requesting proposals from qualified Civil Engineering firms to provide construction administration/inspection services for the Brea Canyon Road Drainage Improvement Project (City Project # 26711). The project will be administered by the Public Works Department of the City. I. INTRODUCTION The City will be pursuing drainage improvements along Brea Canyon Road as shown in the attached plans and specifications. . The work to be performed consists of and includes construction of a concrete cross gutter, sidewalk, AC pavement, catch basins, replacement of pavement markings and other incidental and appurtenant work necessary for the proper construction of the improvements. Construction shall be completed within thirty (30) calendar days of the issuance of the Notice to Proceed. A copy of the approved plans and specifications is also enclosed for your review. Note that the City is currently out to bid with a bid opening scheduled for November 3, 2010. 11. CONSTRUCTION ADMINISTRATION, INSPECTION AND TESTING SERVICES The proposal shall identify tasks for construction administration and inspection services and shall take into consideration the following items: 1. Coordinate and conduct the Pre -Construction Meeting, including notifications to the contractor, utility agencies, street sweeping service and trash collection service. Prepare the meeting agenda and minutes. RFP- Construction Administration Services for BCR Drainage Improvements October 11, 2010 Page 2 2. Re-establish Centerline Monuments and prepare Corner Records if applicable. 3. Provide inspection services for the entire project on an as -needed basis during mobilization, demobilization, traffic control installation and public notification process. Provide daily quality control and inspection services during construction. 4. Provide geotechnical inspection and testing services to certify that materials conform to specifications. 5. Address any public complaints or concerns received. 6. Review and address contractor's RFI's. 7. Review contractor certified payrolls. 8. Assist in the preparation of contract change orders. 9. Prepare daily inspection logs, prepare and submit weekly reports including progress and photo documentation by stages. All photos shall be submitted in digital format. 10. Prepare punch list and conduct final job walk. Prepare recommendation to City staff for acceptance of the construction project. 11. Prepare as -built record plans and submit to the City at the end of the project. Submit a final report to the City. WNEURMNUM 1. The City shall provide all approved plans and specifications. RFP- Construction Administration Services for BCR Drainage Improvements October 11, 2010 Page 3 IV. PROPOSAL FORMAT AND CONTENT The proposal shall provide the following information using the same format and sequence: 1. Project Team An organization chart indicating principals and key project team members together with an indication of their involvement in the project. Provide resumes of key personnel involved in the project including personnel from sub -consultants, if any. Include information from the three (3) most recently completed projects by the project manager, project engineer and project inspector. 2. Firm's Experience List a maximum of three (3) projects of similar scope that the firm has inspected for other public agencies. For each project, provide the following information: location, owner, total construction cost, design completion year, construction completion year and name of project manager and project engineer. 3. Construction Administration, Inspection and Testing Services Discuss the hours required and scope of work to be included in the construction administration, inspection - and testing services. The construction schedule is thirty (30) calendar days. Note that this project is a high priority and the City's goal is to begin construction as soon as possible. 4. Resource Requirements Provide a summary of man-hour allocation estimates for all tasks. RFP- Construction Administration Services for BCR Drainage Improvements October 11, 2010 Page 4 5. Fee Schedule Provide hourly rates for all personnel assigned to the project. These rates will be used to negotiate any additional work the City may request. 6. Fee Proposal Provide a cost estimate of tasks and total not -to -exceed fees for construction administration, inspection and testing services. 7. Agreement A copy of the Consulting Services Agreement is enclosed. The proposal shall include a statement that all terms and conditions of the Agreement are acceptable. 8. Insurance Proof of insurance requirements addressed in the Consulting Services Agreement shall be submitted by the selected consultant upon execution of the original Consulting Services Agreement for submittal to the City Council. 9. All proposals shall include a "Statement Certifying Insurance Coverage" certifying the required insurance coverage will be obtained by the consultant and the consultant understands said coverage is prerequisite for entering into agreement with the City. The consultant is required to confirm that its insurance carrier can meet all insurance requirements. Failure to. meet the insurance requirements will result in the consultant's disqualification. 10. References List three (3) references including contact names, addresses and telephone numbers. RFP- Construction Administration Services for BCR Drainage Improvements October 11, 2010 Page 5 1591ae-Imp Four (4) sets of the proposal shall be submitted with a fee proposal included in a separate sealed envelope. Package shall indicate the name, address and telephone number of the individual or entity submitting the proposal. Envelope shall be addressed to: City of Diamond Bar Public Works Department Attn: Kimberly Molina, Associate Engineer 21825 Copley Drive Diamond Bar, CA 91765 Consultants interested in responding to this RFP shall submit proposals to the above address by 2:00 PIVI on Tuesday, October 26, 2010. VI. SELECTION OF QUALIFIED CONSULTANT The City will select the consultant for this project based on a combination of factors, such as: qualifications, past experience with similar projects, project approach and references. VII. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the scope of work prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted. No representation is hereby made that any contract will be awarded pursuant to this RFP or otherwise. - All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of proposal prior to the award of a written contract shall be borne by the proposing firm. The City shall only provide the staff assistance and documentation specifically referred to herein and shall not be responsible for any other RFP- Construction Administration Services for BCR Drainage Improvements October 11, 2010 Page 6 cost or obligation of any kind which may be incurred by the proposing firm. All proposals submitted to the City in response to this RFP shall become property of the City. Please direct questions to Kimberly Molina, Associate Engineer, at (909) 839-7044. Sincerely, ravid G. L' . P.E. Director of Public Works/City Engineer Attachments: Attachment A -Consulting Services Agreement Attachment B -Specifications dated October 2010 Attachment C -Project Plans F_XR1?_:'1*r 13 City of Diamond Bar Brea Canyon Road Drainage Improvement Project 9: CONSTRUCTION FiDMIN,114SPECTION Sr- 'VES'T'ING Onward Engineering has reviewed the RFP, engineering plans and project specifications, and has also conducted a preliminary site walk in an effort to ensure our full understanding of the proposed project. Our review of the plans has shown that this project proposes to install 3 new catch basins, 1 new cross gutter, adjacent curb - and gutter/sidewalk improvements, and minor AC and Parkway improvements on Brea Canyon Road. During the course of our review, active project scheduling was noted as a critical item for the successful completion of this contract. Onward Engineering is prepared to immediately dedicate our staff to the completion of this project. The following briefly describes our approach to actively completing the work. The City plans for a 30 calendar day working period for this contract. In an effort to facilitate an aggressive schedule, Onward Engineering proposes to complete the project on the following timeline: Project Item Proposed Date Onward Proposal Submittal 10/26/10 Construction Bid Opening 11/2/10 City Council Approval Low Bidder 11/16/10 Construction Contract Initiation Complete 11/26/10 Pre -Construction Meeting 12/6/10 Construction Initiation 12/13/10 Construction Completion 1/12/11* Project Closeout/Final Document Submittal 1/28/11. *Based on non -rainy days In an effort to maintain the noted timeline in each phase of this project, our staff has prepared an approach that correlates with the various phases of the project in order to best serve the City. Pre -Construction Phase: The pre -construction phase will be critical in setting the tone for the project. In order to maintain the schedule, Onward Engineering will first commit to actively sending out the required meeting notices for the pre construction meeting. Nor to the meeting, Onward Engineering will coordinate with the contractor to ensure that the required submittals are submitted prior to, or at, the pre -construction meeting. Secondly, Onward Engineering will commit to turning around all material and project submittals within 48 hours of receipt while continuously staying in touch with the Ci ' ty and Contractor in order to maximize efficiency. Finally, in an effort to allow the most aggressive scheduling by the contractor, Onward Engineering will schedule the monumentation survey immediately after the pre -construction meeting to ensure delays are avoided. By doing so, our staff will be able to ensure that the contractor is maintaining the proposed schedule while ensuring that all required stakeholders are adequately notified prior to construction initiation. - Section 3: Construction Administration, Inspection & Testing Page 1 13 M City ofDiamond Bar Brea Canyon Road Drainage Improvement Project Construction Phase: DohDQ the construction phase, our project h*OmwiUfocUson the active monitoring of the progress of work. This includes checking the contractor's progress on their proposed schedule OSwell OSlooking ahead otweather, traffic and holidays iOorder k}best schedule and proceed with the progress Ufthe work. Using the [ont[oCtnB5Ub0itt8dSChedu|SaSo baseline, our staff will actively forecast the following days' work in order to schedule OU required nnOh9ha| testing services. Our management team will ensure that the contractor is aware of the full scope of each work item in order to ensure delays are not encountered on the job site. All slippages in the contractors scheduling will be immediately noted and corrective measures will be demanded of the conacto[1oensore every effort possible is considered in order to maintain the allotted project schedule. Post Construction Phase: |Oorder to ensure timely completion Ofthe construction contract, our field inspector will maintain an ongoing punch -list for the contractor's immediate attention. By notifying the contractor of deficiencies and -missed items as early as possible, our team will ensure that the City's project pnJoeedsoss0ooth|yOsp0ssib|e. Near the final project cmmp|ehondOte' our inspector will provide the Contractor and the City with the final punch -list that will be required to be completed prior to the expiration of the working days. Once the construction contract is completed, {)Dvvord Engineering will commit to providing the City with all final construction documents within 2weeks ofcompletion. Also, osioknown with all of our contracts, Onward Engineering will remain dedicated to the City of Diamond Bar until all items of work are completed to the satisfaction of the City. Our staff will always |ODk Out for the best interest ofthe City Field Investigation Notes: The following describes our preliminary notes from our field investigation. All three catch basins being called out for replacement are existing 4'wide grate catch basins such Osthe one shown in the image tothe right. The newly proposed catch basins have olonger with local depression and larger basin opening to oCCo0nDodOte and CoptVn* more roadway runoff. If was also noted that the existing bike lane traverses through the entirety nfthe project, requiring the contractor tOset up adequate vohioU|o[ and bicycle work area notification signs. If was noted duhnQ the field investigation that there are no nnOno0entohon or tins within the limits of the OC1uol catch basin construction. [)Uhng construction, coordination with adjacent businesses will be important inorder toensure osuccessful construction contract. ' �Tes0nQ ' 3�*�n�Conmm�mnaumm�m«�Inspection ` ` Page | 14 The image to the right shows the proposed location of the new cross gutter at Via 30re|kz. As can be seen, the flow line will follow the existing pavement join hDe' and the new PCC surface will help to mid in drainage while mitigating future pavement degradation in the area. Due toexisting pavement degradation, o portion of Via 5onaUawiU also be removed and replaced with AC pavement. It will be ohhcO| that the new flow line be built accurately and that our surveyor will adequately survey and coordinate with the contractor to successfully construct this portion ofthe project. City ofDiamond Bar Brea Canyon Road Drainage Improvement Project The curb ramp shown tothe left cdthe north easterly corner OfVia 3onelk]wiU be removed and replaced with o new full -height curb gutter and full -width sidewalk. Since there iS no sidewalk or p8clBshian path to cross the noted intersection, it is unnecessary for the ramp tOremain. Removing the curb ramp will provide o safer vvo|kwoy for pedestrians. {}nvvand Engineering will ensure that the Contractor understands the intended scope ofwork otthis location. The last ' item 0fWork for this project will be the excavationand replacement of -the existing gravel with mulch at the south m]3t cOm6v of Via Sona|` uscan beseen inthe image tothe right. /\ total section depth Of 2' will be removed and replaced. It was noted that number Of traffic signal pull boxes and utility appurtenances were in the vicinity and will require adjustment tograde and protection in place. The City of Diamond Bar knows the level ofdedication and commitment our staff provides on contracts, and we commit to providing the same level of service on this contract in order to ensure full satisfaction is achieved. In an effort to c|mzdv delineate the anticipated scope of work, the following pages describe the necessary work items for the successful completion ofthis project. ' Page | lG SecUon|�Conn�uc|bhAdnnhbho�on &Teshng a 0 a a a a 0 a 0 City of Diamond Bar Brea Canyon Road Drainage Improvement Project - Pre -Construction Meeting •Submittal/Schedule Review - Pre -Construction Monumentafion Survey Prior to construction commencement, Onward Engineering will coordinate a pre - construction meeting with the contractor and other stakeholders. Onward Engineering will be responsible for sending out notices in advance of the meeting inviting all necessary stakeholders to attend. The meeting will cover all of the important information contained in the contract documents and other City requirements. This meeting is a perfect opportunity for stakeholders to express their concerns and begin coordination between the parties. It is critical that the contractor come prepared to this meeting with all necessary submittals (AC Mix, PCC Mix, Schedule and Notifications) in order to maintain the aggressive construction schedule. This meeting will cover contract progress schedules, material issues, construction/ Contractor issues, coordination with the utility companies, and other project related issues. Upon completion, Onward Engineering will immediately prepare meeting minutes and distribute them to the City and Contractor. Deliverables: 0 Pre -Construction Meeting Notices 0 Pre -Construction Meeting Agenda 0 Pre -Construction Meeting Minutes Onward Engineering will actively coordinate with the Contractor to encourage early submittal of all required documentation and schedules. This coordination item is the most critical item during the pre-consfrucfion phase to ensure that the project proceeds as smoothly as possible. Onward Engineering will also actively respond to all received RFIs that may be submitted by the Contractor. If necessary, our staff will coordinate through the design engineer, the City or other governing bodies to ensure timely responses are received. Our staff will maintain close, coordination with the Contractor during this phase to ensure that all submitted documents are per specification and that the project schedule is acceptable to the City and all other stakeholders. All coo . rdination and submit I ted documents will be filed and submitted to the City at project completion. Sectio . n 3: Construction Administration, Inspection & Testing Page 1 16 'R Me -efingli 2.2. M Prior to construction commencement, Onward Engineering will coordinate a pre - construction meeting with the contractor and other stakeholders. Onward Engineering will be responsible for sending out notices in advance of the meeting inviting all necessary stakeholders to attend. The meeting will cover all of the important information contained in the contract documents and other City requirements. This meeting is a perfect opportunity for stakeholders to express their concerns and begin coordination between the parties. It is critical that the contractor come prepared to this meeting with all necessary submittals (AC Mix, PCC Mix, Schedule and Notifications) in order to maintain the aggressive construction schedule. This meeting will cover contract progress schedules, material issues, construction/ Contractor issues, coordination with the utility companies, and other project related issues. Upon completion, Onward Engineering will immediately prepare meeting minutes and distribute them to the City and Contractor. Deliverables: 0 Pre -Construction Meeting Notices 0 Pre -Construction Meeting Agenda 0 Pre -Construction Meeting Minutes Onward Engineering will actively coordinate with the Contractor to encourage early submittal of all required documentation and schedules. This coordination item is the most critical item during the pre-consfrucfion phase to ensure that the project proceeds as smoothly as possible. Onward Engineering will also actively respond to all received RFIs that may be submitted by the Contractor. If necessary, our staff will coordinate through the design engineer, the City or other governing bodies to ensure timely responses are received. Our staff will maintain close, coordination with the Contractor during this phase to ensure that all submitted documents are per specification and that the project schedule is acceptable to the City and all other stakeholders. All coo . rdination and submit I ted documents will be filed and submitted to the City at project completion. Sectio . n 3: Construction Administration, Inspection & Testing Page 1 16 City ufDiamond Bar °°° Brea Canyon Road Drainage Improvement Project By ensuring that all submittals are accounted for and that all notifications and scheduling items have been accounted for, the City can be confident that the budget and schedule will be maintained. Our staff will keep the City of Diamond Bar a priority during this phase and the through the completion ofthe project toensu[ethOtfuUsotisfnctiOnbaChievHd. Deliverables 123 Sobn7dtobCornnlen1s/Approvub B2 Schedule Review Comments EO Project Coordination Records Onward Engineering has contracted with /\BCA5CLand Surveying to provide the City Of Diamond Bar with the necessary Monumentaflon Survey for this contract. After -reviewing the project plans and specifications, it is anticipated that the centerline point of intersection (Pl) monument for Brea Canyon Road at Via Sorella will be demolished due to the excavation of the existing gravel base. This will require our fedm to conduct a pre - construction corner record survey to tie out the location of the existing monument for future replacement. Any other item will also be noted in the field during the full breadth corner record survey. This itemnfworkwil|inC|od8 providingfield time tOrecover and tie out the existing street OnU0�nt�hnDphO[toCoOdTUChoDoC�vi�Ea��hinth�cOnS�UChonU��s SUrveynn . Thisitem Y�Ualso include the hOUnnecessary tOprovide ��C8hnnHtoproduce the e�shng monument and ties onto the required corner record form and file with the County Surveyors Finally, upon construction completion, this item ofwork also includes providingfield time hz replace monomantohon destroyed byconS�Uohon at the completion of construction activities as well - � �viU U os +Oprovide o�io8�metop[OduCethenew0ononoentand ties onto the required corner record form and file with the County Surveyors office. G] Pre & Post Construction Corner Record Survey Report GO Corner Record Forms & File with County Surveyor's Office 0 Set Street Survey Monumenfation ` ' ' ' ` �dm�b�o�on |nspecUonuTeo�� ' Sec+�n��Cp , . ` PoQm �|]7' � ` ` City ofDiamond Bar Brea Canyon Road Drainage Improvement Project -Construction Administration &Inspection " Geotechnical Testing -Construction Staking (Exoovution) -Construction Staking (Construction) nvvond Engineering *i|| provide full xHpvCee construction administration and inspection services to the City Of Diamond Bar for the full duration of this project. The City can reference our phn[expeheOCe with the City of DioDlOOd Bar to understand the level of services and quality that will be provided for this project. All items listed in the RFP for construction management and inspection are included under this item. The following are descriptions of key items which will be conducted during the construction phase: Pre -Construction Photos inspection personnel will document existing conditions within the project footprint.Our team will visit the projectsite and take various pictureswhere improvements are needed. These design photographs will be combined with the general construction photographs and will besubmitted tpthe city inOcorrelated manner. Prolect Status Meetings Atthe onset of the construction project, our project team will conduct project status meetings (as needed) with the cOOkochzr, subcontractors and utility company representatives tOcoordinate construction tasks. These meetings typically dOnot take long, but the information exchanged inthe meetings isunparalleled invalue. Atthese meetings the anticipated scope ofwork will be discussed along with any pending payment or scheduling issues. DnvvnFd Engineering will prepare minutes for each meeting and will forward them tothe City along with the project stOtusupdot8sondthe final project [8port. Contractor Payment Applicaflons our construction inspector will monitor and evaluate the work for contract compliance and maintain o naoV[d of the work installed. This information and collaboration with the Contractor will be used as the bOSb for payment Of the work installed. All nOD-ooDlphOOt work will be hocked to ensure that the work is compliant phor1O project closeout. After the ' work installed has been verified as compliant, our staff will submit our recommendation to the City for poyment./\ report summary of contract values, work installed, changes, and balances tocomplete will baincluded with the recommendation to the City. ' Section 3:Construction ` Administration, Inspection &Testing ' Pogo 78 ` , °^"~"° City ofDiamond Bar Brea Canyon Road Drainage Improvement Project Changes ~—~—^�— To properly manage the budget, Onward EngiOeBhOg tracks approved and potential chonges' assigning costs fOeach change. This information will be reported tothe City Of Diamond Bar and can be used to evaluate and monitor the contract budget. There will not beany surprises atthe end ofthe project. [>nYvordEngineehOgundemtondsthOttheCitvOf Diamond Bar iSthe sole authority toapprove changes. YYe also understand the importance Of OcCUnJt9 and timely information. (}nwOKj EngiD8ehng will oChv8|y assist the City of Diamond Bar in the preparation of all necessary changes and change orders OS may be deemed necessary for this contract. Public Coordination U public outreach and coordination effortseffortsOO�mrd Engineering w0 actively manage o during the life ofthe project. All complaints received will beimmediately addressed and pursued to completion. All necessary notices will be instructed to be sent by the contractor tOensure the public isaware ofthe project ondODyinCOnvenienoB1hatmoyb8ouU3ed. Reporting our reporting is thorough and accurate and used to communicate to City Staff and to document the happenings Of the project. Our site inspector will maintain o detailed daily report documenting the weather, work inotoUed, vvmk planned, non-compliant work, resources used, manpower, equipment, problems and issues, safety and schedule. Our site inspector will also monitor labor compliance, These reports will be included as an Appendix to O weekly Thisn*po�wiUinclude o , ' summary and stoiUx of the project, documenting the schedule, (planned and actual), costs, expenses, and budget, change, claims, issues, and work installed. Certified Payr Onward Engineering will review all contract certified payroll documents for the duration of the contract. Payroll records will be requested on O bi-weekly basis from the Contractor and Sub -Contractor and will be reviewed for the appropriate labor wages and fringe benefits. Photo Documentation Onward Engineering will also take and submit photo documentation 0fthe project at the various stages of construction. These will be attached to the Weekly Reports and included on a C[)with the final project file submittal h] the City of Diamond Bar. DeHygrables • Construction Photographs •Report/Material Tickets • Response toRH/Questions G] Change Order Analysis G]' Payroll Record 'Analysis 0 Coordination Records. ' Section� � Construction.Administration,&TesUng Page 19 ` ` ' ' � - ' ` • ©� • City of Diamond Bar 0 0 0 0 0 0 F , O Brea Canyon Road Drainage Improvement Project r F D• Q 8 i Onward Engineering has contracted with TGR Geotechnical to provide the City of Diamond Bar with the necessary Geotechnical Testing Services for this contract. In review of the project plans, specifications and bid schedule, it is anticipated that only asphalt compaction, asphalt material and sub -grade compaction testing will be required on this contract. TGR Geotechnical will provide field and laboratory testing services along with support services for the following items in accordance with project plans and specifications. • Compaction testing during subgrade preparation (2, 4 -hour trips) • Asphalt compaction testing for street (1, 4 -hour trips) • Asphalt compaction testing around catch basin (3, 4 -hour trips) • PCC Field Core Sampling & Inspection (1, 4 hour trip) • Laboratory testing to include maximum density for subgrade material (1), hot mix asphalt max density (1), hot mix asphalt extraction and gradation (1) & 4 PCC Core Samples. • Final compaction report. All materials testing services assumes the following: • Work will be performed during week days during normal business hours. Deliverables: • Geotech. Field Inspection Reports 0 Material Analysis Reports • Final Compaction Report City of Diamond Bar Brea Canyon Road Drainage Improvement Project 22 Onward Engineering has contracted with AEI CASC Land Surveying to provide the City of Diamond Bar with the necessary Construction Staking for this contract. This item of work will include providing field time to stake the removal limits per the provided PS&E and Engineers direction. If is anticipated that this item will require 1 -4 hour trip for a 2 man survey crew. I Onward Engineering will coordinate the survey based off of the contractors submitted schedule. Deliverables: 0 Excavation Limit Staking Onward Engineering has contracted with AEI CASC Land Surveying to provide the City of Diamond Bar with the necessary Construction Staking for this contract. This item of work will include providing field time to stake the elevations of the proposed cross gutter flow line and any other item which requires design staking. If is anticipated that this item will require 1 -,4 hour trip for a 2 man survey crew. .Onward Engineering will coordinate the survey based off of the contractor's submitted schedule. Deliverables: R1 0 Design Elevation Staking ` City ofDiamond Bar Brea Canyon Road Drainage Improvement Project -Project Ck]aeOUt °A3BuiU/R800[dDrOvvngs r~- ---'------ ' --- -- — �u[�nzr ' plans the [xcgeCtearly and properly manages the project throughout 5o that the closeout of the project is timely and efficient. YVB will ensure that all work complies with the specifications. A final walk through and O punch-lisfwiU be developed by our staff. Our Project Engineer will receive all nsqUinad project CODlp|8tiOn documentation from the Contractor and process the Contractor's final payment requests. All items will be compiled for o final construction file submittal which includes all project correspondence, records, submittals, daily logs and all other required documentation. 0 Construction Punch List ' � Upon completion of the construction phase, OEngineeringwill ' rnotlyprepuna'As Built' records which incorporate all changes tOthe initial design. The '/\*8�hrecords will be prepared based off Ofthe construction in^��u� oDd contractor's field notes. 'As -Built' records will be delivered to the City as a set consisting of hard copy plans and a copy of all digital data and plan sets in the requested format on a CD. ' 0 As Built Records ^ ` � Adminb�o0on'|nspecUonuTesUng � Page 22 nTtl�l Mir CITY OF DIAMOND BAR FEE PROPOSAL FOR THE CONSTRUCTION ADMINISTRATION AND INSPECTION OF THE BREA CANYON ROAD DRAINAGE IMPROVEMENT PROJECT (CITY PROJECT NO. 26711) 'AWEAr G ^. L ;'.r. . -.:,k �v.x�k:ca k. ,. ,. S` -, .. i i... 3 ;; x.., fir. 4 ..0 1 .V.r<:?,t d ink.. . ET , +.. k. Jf .. ... �., .....�..IV ...?�?.. ..e ,.. & .,. s _N _ :. ... -. - ... ..,.� .. �? . . _... h t ..^.. .u"'+.. s. 5rS-.,.3...-tTi' . r-m?.rn-_ 1a'tai. .T �s ,• � .,. o, i.. ,..�,,..,.� .. t. 4r" f .:7 .. _.�. .€ .� �;. _. t-:.�.._ ..'s k..; ... ri f°t �. n� `� :m's �w�MA�`L`TAGER� .:: :,.... .'. .'v.:-.. ..., s,. .. ':.. ,.. ,-t ln+....., _ ,: ...,`,r .. ., ....}„ _. ..x_tx Y P<ROJECrT. , -. ... , ..:. .at, „ _,.. _ , a +.: iv , r.... z � t . --a. t. �.. :S. f ,. r�5 �.,. { .. ;..�_ L" .. .. s. 'i..:. .e. h... vS.. - x .fit. '<. it .., _.. �...,... ., ....,.. ,T, r' �'. .. .,_; .;.. ..: .. 'H, . ::,i 3 e. ,..., PR07ECT r r . ,....a CSS. �N... t_. �::.. -w `.M«-. ._... `i .. .; ..... , . .> .xi.. �t ,.Z w _-r'v':._l. r,.,. }} y? �? , .:<..-z,,�.cJ . �: � 7.. 1-v. ,.. .. _.. b iy $ SENIOR , - . yt. pC t^'t € i �� `S .. CW t i. ,�6 -.'`T t .�. ,...� .-cn '�... atr... r . a:. �x',w,a.T.fR.P >: `lei �.5. ,,#.+....i .Ew t" - ", , } ka L% ..i" :i: 4Y ,i: f �... ,,.. .,.. � .,.~tzM.. h ac �S .}"T*<. . �?a. £rr"s�xd CONSTRUCTION SERVICES HOURS $ HOURS $ HOURS $ $ HOURS 1 Pre -Construction Phase A) Pre -Construction Meeting No Fee 3 270 2 150 - 5 $420 B) Submittal/Schedule Review 8 720 2 150 - 10 $870 C) Corner Record Survey (Pre & Post Construction) - - 2,000 0 $2,000 Pre -Construction Phase Total 11 990 4 300 2,000 15 $3,290 2 Construction Phase A) Construction Management & Inspection No Fee 44 3,960 176 13,200 - 220 $17,160 B) Geotechnical Testing 0 - 0 - 3,500 0 $3,500 C) Construction Staking (Excavation) 900 0 $900 D) Construction Staking (Construction) 900 0 $900 Construction Phase Total 44 3,960 176 13,200 5,300 220 $22,460 3 Post=Construction phase A) Project Closeout No Fee 10 900 8 600 - 18 $1,500 B) As-Built/Record Drawings 2 180 6 450 - 8 $630 Post -Construction Phase Total 12 1,080 14 1,050 - 26 $2,130 CONSTRUCTION SERVICES TOTAL 67 6,030 194 14,550 7,300 261 $27,880 REIMBURSABLES Construction Reproduction Costs $250 Construction Vehicular Costs ($30/day x 22day) $660 GRAND TOTAL $28,790 * Construction Services hours calculated off of the stated 30 calendar day construction period ** Onward Engineering will bill only for actual hours spent CITY COUNCIL Agenda # 7. 1 Meeting Date: November 16, 201 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City ManaK'J-� TITLE: General Plan Amendment No. 2 07- 3, Zone Change No. 2007-04, Specific -Plan No. 2007-01 ("Site D Specific Plan"), Tentative Tract Map No. 70687, and Environmental Impact Report 2007-02 (SCH No. 2008021014). PROJECT APPLICANT: Walnut Valley Unified School District and City of Diamond Bar LEAD AGENCY: City of Diamond Bar, Community Development Department PROJECT LOCATION: Site D is comprised of approximately 30.36 acres located at the southeast corner of Brea Canyon Road and Diamond Bar Boulevard (Los Angeles County Assessor's Parcel Numbers 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903 and 8714-015-001). SUMMARY: The City Council continued the Site D Specific Plan from the July 20, 2010 Council Meeting to the October 19, 2010 Council Meeting at the request of the Walnut Valley Unified School District to allow for additional time to obtain input and feedback from the community. On October 19, 2010, the City Council continued the public. hearing to the November 16, 2010 meeting at the request of the School District to allow for additional time to conclude the community outreach efforts. ANALYSIS:, , The following tasks were completed since the July 20, 2010 City Council meeting: GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, Page 1 TTM No. 70687, EIR No. 2007-02 1. Community Workshop: A half-day community workshop was held on Saturday, October 16, 2010 from 8:30 a.m. to 1:30 p.m. Approximately 79 people were in attendance. The purpose of the workshop was to solicit public input, identify underlying concerns and site issues, investigate site constraints and opportunities, and build consensus. The workshop included the following series of interactive activities that provided design and programming input from the community: ➢ Site Awareness Tour: A 90 -minute walking tour of the site was conducted to educate the participants on the existing features, constraints and opportunities of the site. Participants were provided with a workbook to record their observations of the physical environment at 12 stations situated along the walking path; ➢ Group Activities: After the site tour, participants were divided into seven working groups. Two topics/questions were presented regarding the site, land use, opportunities, program and priorities. Participants were asked to individually respond on forms and then discuss within their group. Each group listed the top five issues and concerns from the two topics asked and reported their summary to all groups. The top five issues and concerns from these topics are listed below: Topic 1 What do you believe are the most important issues related to the development of Site D? ❖ Traffic ❖ Park Space ❖ Residential Density ❖ Fiscal ❖ Property Value Topic,2 What suggestions can you think of to improve the Site D Specific Plan? ❖ Low Density Housing Park ❖ Do Over ❖ Access/Traffic ❖ Better Communication/Dissemination ➢ Planning/Design Charrefte: Each group was then asked to develop a conceptual plan and design what they envision for the site on a topographic map, and presented their plan. Most groups had some consistent design elements for .the site. The workshop facilitator prepared a summary chart which identified the top five suggested design elements for the site, listed below: GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687, EIR No. 2007-02 Page 2 1. Low Density Homes; 2. Neighborhood/Community Park; 3. Trail; 4. Focal Point such as Windmill or Monument; and 5. Entry at Crooked Creek Drive The workshop summary report is attached to this report as Attachment 1. A summary of the community input from the workshop was presented at the Walnut Valley Unified School District Board Special Meeting on November 9, 2010. The School Board will be making a recommendation regarding the land use of the site to the City Council at the School Board Meeting on November 17, 2010. The School Board's recommended changes (if any) to the Site. D Specific Plan is tentatively scheduled for the December 7, 2010 City Council meeting. 2. Market Feasibility. Analysis: In response to questions -raised regarding the feasibility of commercial development .on Site D, staff contracted with Keyser Marston Associates (KMA) to update a previous market opportunities analysis prepared in April 2008, which stated at the time that Site D was appropriate for a shopping center. The updated report is provided in Attachment 2. The attached updated 2010 report specifically evaluated the potential for Site D to attract commercial development in light of current economic conditions and the 10 acre limit set forth in the current draft of the Site D Specific Plan. The updated report concludes that Site D indeed remains viable for retail commercial development, but it could take another five to seven -plus _years before the financial market would be able to facilitate such development. The 2010 analysis finds that the near to mid-term market opportunities for this site are limited due to the following: ® Credit crisis which has limited the funds available for new development; -High vacancy rates; and Relatively low rents in the City However, the City is losing retail sales to nearby jurisdictions and there is demand for food stores and dining establishments. KMA concluded that the viability of a 65- 150K square -foot neighborhood to community -sized commercial center which 'includes retail and/or office will be much greater in five to seven -plus years. The report stated that tenancies could include food stores, office supply and clothing chain stores, and restaurant pads. (A follow-up conversation with KMA to clarify, that a 65 to 100K square -foot shopping center is more likely given the acreage constraints reduced the palette of potential commercial uses to a grocery store and other service and restaurant uses.) GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687, EIR No. 2007-02 Page 3 ITEMS FOR DISCUSSION: As stated, the School Board is scheduled to consider recommending changes to the Site D Specific Plan land use framework at its November 17, 2010 meeting, which will then be formally presented to the City Council on December 7, 2010. To aid the Council in addressing any recommendations brought forth, staff suggests that the proposed commercial component of the Specific Plan be explored further in light of both the community input received thus far, and the most recent market feasibility considerations. The participants at the October 16 2010 workshop . provided comments both in' favor of and opposed to commercial development on Site D, but the time and program constraints of the workshop did not allow the opportunity to delve into the details of what the residents would like or dislike about commercial uses at this site. Given that the updated market feasibility study indicates that Site D is a viable location for a neighborhood retail center in the long.term (5 to 7+ years), staff would like direction from the City Council as to whether the potential benefits of retaining the proposed 10 -acre commercial site in the Specific Plan should be studied further. If the Council believes that the pros and cons of commercial development on Site D merits further study, staff believes that a second community workshop, hosted by the City, should be conducted to focus on this issue. If land use compatibility issues can be articulated in greater detail, then solutions through design, development and performance standards could be explored to address those issues. Such a workshop need not focus entirely on commercial development. The workshop could also be used explore in greater detail community preferences for the residential component (size, cluster, density, look and feel), and seek more details about the public amenities that should be included (walking trails, park location and amenities). NOTICE OF PUBLIC HEARING: The project was continued to this date at the October 19, 2010 meeting. Alt ' hough not legally required to renotice, on November 5, 2010, staff mailed a notice to all .property owners within 1,000 feet of this property, including all speakers who testified at previous meetings. The June 15 and July 20, 2010 City Council staff report, attachments to the report, draft Specific Plan and Environme ntal Impact Report were also posted on the City's website, and hardcopies are available for review at City Hall and the Diamond Bar Branch of the Los Angeles County Library. RECOMMENDATION FOR THE NOVEMBER 16, 2010 MEETING: 1. Take public testimony; 2. Discuss the desirability of retaining a commercial component in the Specific Plan in of the current and long-term economic outlook; and 3. Continue the matter to December 7, 2010. Prepared by: Reviewed by: Greg Gubman, AICP Grace S. Lee Senior Planner Community Development Director Reviewed by: David Doyle Assistant City Manager Attachments: 1. Site D Concept Plan Report Dated November 10, 2010 2. Site Market Analysis Prepared By Keyser Marston Associates Dated October 14, 2010 Attachment 1 RJM DESIGN GROUP, INC. PLANNING AND LANDSCAPE ARCHITECTURE DRAFT WALNUT VALLEY UNIFIED SCHOOL DISTRICT SITE.`D' CONCEPT PLAN REPORT NOVEMBER 10, 2010 The following information has been provided by representatives of the Walnut Valley Unified School District. PROJECT SITE: Size: Approximately 29 acres Location: Southeast corner of Diamond Bar Blvd. and Brea Canyon Road The current Specific. Plan for the project, site accommodates two separate land uses: Residential. • Commercial AUTHORITY On September 16, 2010; R1M Design Group, Inc. was contracted to provide professional workshop facilitation and planning services for Site `D'. The scope of work for the project included the facilitation of a community workshop and preparation of a Conceptual Plan to establish the extent and nature of the improvements for the project as identified by community participants. PURPOSE' The Concept Plan' Report is.,a summary narrative of the site functions composed specifically to In the needs of community involvement in developing and processing a Specific Plan for Site ! `D'. Its purpose is to establish a Concept Plan that depicts the potential development of the site through a planning process that encourages commuty representatives and other stakeholders to ni participate eff&ctivelY in the decisions on the potential land use, relationships, function, and circulation. The Concept Plan Report investigates site constraints' and `opportunities, and promotes understanding and support for the development program. 879-0I WVUSD —Site 'D'— workshop Summary 1 VICINITY MAP u ' "X - x - ,�k''�•l` �J S �u jr (�� '6b• '4Y .. 4 `I L h u �r ,V, - d' 'd�:,y4. „Gt Lit '.L� �„:t..fi.GV•` to 879-01 WV JSD — Site `D' — Workshop S um mary 2 SITE ANALYSIS TOPOGRAPHIC ANALYSIS 879-01 WVUSD— Site 'D'— Workshop Summary COMMUNITY OUTREACH WORKSHOP SITE `D' October 16, 2010 INTRODUCTION This report summarizes the results of the first steps in the process that was conducted as a part of the public outreach effort to encourage community members to share •ideas regarding the future of Site `D' in the City of Diamond Bar. The following lists the various steps in the process.. PROCESS The process began with research analysis and fact finding. The project team, consisting of the Walnut Valley Unified School District, City of Diamond Bar Representatives, TRG Land and RJM Design Group, met first to review the approach and methodology. Data collection began to establish a comprehensive database through a review and analysis of available pertinent information provided by the client. Site Analysis exhibits were created that identified the existing site and adjoining. uses. The critical region of investigation focused upon the immediate site and those sites physically adjacent to the project area. WORKSHOP INTRODUCTION As part of the planning process, a workshop was held on Saturday, October 16h, from 8:30.am to 12:30 pm at the, Castle Rock Elementary School. Seventy -Nine (79) residents and community members attended the workshop. Nancy Lyons, WVUSD Board President, welcomed the participants and provided an overview for the project then introduced .Robert Mueting of RJM Design. Group. Bob reviewed the process for the morning's activities and presented background information including the project 'history, current Specific Plan, site analysis, opportunities and constraints and then proceeded to facilitate the �W)i lion activities_ WORKSHOP GOALS The goals of the workshop are to: I . Provide an overview of Site `D' history, existing conditions and Specific Plan. 2. Tour the site and adjacent areas to become familiar with the Site. 3. Provide a forum for discussion of potential issues and improvements. 4. Provide an opportunity to share ideas. SITE TOUR The site tour was conducted at the beginning of the workshop on October 16, 2010. Each participant was given a "Taking Part" Workbook which contained a series of comments and questions to answer as they walked the tour route. The format of the workshop follows a method called TAKING PART which is based on the theory that we all are inherently creative and that the real task for group leaders / teachers is to help us release our creativity. In TAKING PART we use many devices to release creativity — among these are actual experiences of issues, becoming aware together so as to develop a common language, sharing experiences so as to increase communication. Each person's feelings and attitudes have equal value. There, are no experts who have "the answer". As the workshop progresses, more and more energy is released and more and more interaction of creative ideas occur until eventually some forms of creative consensus about the project emerge. The workshop involved a series of exercises. First basic background information was provided and then all participated in the site awareness tour which allowed all to experience the site in the same way. The planning workshop followed; during which together all participants explored, discussed and developed actual concepts for Site `D'. DISCUSSION WORKSHOP After the site tour, participants were divided into seven (7) different working groups for the discussion process. Each member of the group sat at a table of no more than eleven (11) participants with materials that included a flip chart; note cards, and markers to record thea discussions. Volunteers were requested from each group to act as recorder/presenter. During the course of the workshop, two topics were presented for individual consideration and group discussion. 879-01 W VUSD -Site `D' - Workshop Summary C s,a li Below are the topics discussed: ® What do you believe are the most important issues related to the development. of Site `D'? 0 What suggestions can you think of to irnnr'ove the Site `D' Specific. Plan? - - Initially, participants were asked to individually respond on forms that were distributed before the presentation of each topic. They were encouraged to list as many responses that came to mind. A group discussion then began with individual members of each group sharing their responses with the entire group. Time was allotted for the groups to gain consensus on their top five answers on the particular topic. Following each topic discussion, the group's presenter reported their findings to all of the workshop participants. Upon completion of the group presentations of the top five priorities for each topic, all individual topic response forms were collected. WORKSHOP SUMMARY After the presentations were given, the consultant team identified the top responses of all groups. They are listed below: TOPIC 1 What do you believe are the most important issues related to the development of Site `D'? •'• Traffic ❖ Park Space ❖ Residential Density ❖ Fiscal ❖ Property Value TOPIC 2 What suggestions can you think of to improve the Site `D' Specific Plan? Low Density Housing Park .•. Do Over AccessTraffic Better Communication / Dissemination GROUP CONCEPT PLANS Each group was asked to take the consensus issues and improvements and utilize their creative `energy, to develop a concept plan for the site. Based upon participant input, (7) alternatives were prepared by the groups during the workshop. Diagrammatic Plan alternatives were drawn based upon the. design concepts developed :by each group participating at the workshop indicating proposed site land uses, configuration; and accessibility. 879-01 W VUSD = Site `D' — Workshop Summary 6 CONCLUSION Upon presentation of the top five priorities for each topic and each group's plan, all individual topic response forms were collected. Intermediate Supervisor Charles McCully responded to questions submitted on note cards by individual participants and then took questions from the workshop participants. The workshop participants were thanked for their involvement and the workshop adjourned. ry R��-,�'��`�:�� r - rz �lye "g�,,t. �" a ,. � n t.rtt;. 4 ',3a• *k�,;���,'p.�3�`�..�hw. } r s a 1 '879-01 W W SD — Site `D' — Workshop Summary 7 The following chart represents the exact wording provided by each group on large format paper. They are aggregated here and color -coded to show the workshop consensus responses. Topic 1 What do you believe are the most important issues related to the development of Site `D'? GROUP 1 GRQUP 2 GROUP 3 GROUP 4 GROUP 5.- ' GROUP' 6 GROUP 7 Traffic i Traffic South wants Ideal for public City needs to Compatibility Traffic Impact Opposed to parity witllNorth , space / park;: determine a with current Eiiiergency A cntical r .... Diamond Sar development Specific Plan land usage? t of facilities, with conditions Does it fit into Exit on+ ti'm gress / egress p ubhc of approval existing ht Posada' Ifr Engage,outside prefer park environment? tliere�are more � � � ', space ' � synchronized r r � �. Consider Commercial: Improyeinents' 'r Traffic Traffic'. Traffic Lack of Open moving Place ,� noti just unpact' to �, ;' congestion and congestion ; Space from ' commercial { schools and, Ix Oji 4., t., t environmental, 1 more cars, entrance Chenydale to DB , r Children toy , unpactE ti accidents, Crooked Creek along Blvd. Slippery beefft' Iov�est'h MT " y pollution air . slope of density bossrble' Cin thins like,' development. i Time what xs `` ftoa;be,,ex ended , 1 the yalue,o ' s �s your tune�� ' Wand alh' What are the Piib'lic safety, Public Safety Alternative % r' WVUSD — Increase of �< fiscal /cost " emergency plans have not` Land Sale.((lx population residential and' spark benefits? vehicle access i.` d ab`een presiie mcome) vs. impact 5�,(i �t„ 4 Traffic (ingress / a sintle + { (incomeN60,E s ky family homes; ro e P P m') e�minergial L+ `' egress (children)' i _ i forcmg N semo, r, ho� mesy ' CODB Mastero FaFvo�� r low �s ,r etc ),y Plan. Plan for long residenti'a11:.','1_,�� neighbo hoods Nr So11 F= ti term revenue lnstead'af r stability,' 7 Ty ststream?ll t} z5tj{4 "t ar' tensity i L gwate.} i C l..lirrent vacant Down in .. nearby areas What will be Lack;of park /. Ambiance: Property value Current Site D Vacancy in the affect on water hiking areas `; Consistent with impact Plan devalues commercial supply? historic existing home development appreciation for' value and natural reduce safety environment for residents Concerns over Place houses Property values Fiscal/Political Conctiernthat, '. Loierstdensitt"` Y r E , uppolts' increased against houses. in all decisions. best interest of rSrJt lush density Define low community housin `' ; pr operty,"values, pollution. income and. why e Responsibility jis �� detrunental ty� ` this is good. Misinformation) �'rneighbdffibbd, `; Current Plan "U r ''o- ? Loss o f Noise: Topography and n1 e�, ti "` ' �;, ti r` historical trees in ,=`�'3' r value of utilized plan prope,r 879-01 WVUSD — Site `D' — Workshop Summary 8 Topic 2 . What suggestions can you think of to improve the Site `D' Specific Plan? GROUP 1 GROUP 2 GROUP 3; GROUP 4 GROUP 5 GROUP 6 GROUP:.1 ::: Low density Better Lower Density SCRAP IT City / EIR Shred it Do Long term l homes communication = t, ` Consultants to over ` recurring income provide Y alternative plan r, -A'stand alone website to not devalue home or reduce A lace for P , �� �` i ' resident safety dense ' Q th 1 Y1 t � No block walls Create a green In ress/Ei?ress Develop If commercial Low density,' G Apply to belt of park improved alternatives is required, housing different open space perimeter > Park then proposed space or 1/3; park residential organizations space: should be ' �' that would buffered r provide between financial'; existing assistance: to .. residential and proposed park commercial. Park in'middle,? Updated traffic No commercial LD Housmi Provide Park to Castle Rock of homes ` s, tudy Library? etc: f additional preserve nature ;: replacement emergency and the animal.. A' Bike. access for wildlife B. Walk C Open to future (i e City of ,' Posada ',' development. Walnut LPRb ;: Community Look at like We would like Have workshop Notify all of ..: Realign DB focal point at developments i.e. wider A"nalysis ba d'i . with potential the residents Blvd. to corner of DB Phillips Ranch dissemination iiponfeuirent t `' future of Diamond,, . increase Blvd. and Brea of plan to Batas , developers Bar to get the number of Canyon — general $ R entire City's lanes Welcome DB— community %`n ,'t u`; feelings on the put windmill � � proposed Site y j t D plan. here Berms separating old and new. No walls —green belt 879 -OL. WWSD — Site `D' — workshop Summary Other Improvements: O Provide Alternative Plan - - Y Long Term Income. _ ® No Block Walls - ® Buffered;Between Existing Residential and. Proposed .Commercial - 9 No Commercial- ® Castle Rock Replacement o Focal Point at Corner o Look at Phillips Ranch o Workshop with Potential Developers • DB Blvd. to Increase Number of Lanes ® Green Belt GROUP PLANS Each group was asked to take the ideas and issues discussed and utilize their creative energy to develop a plan for Site `D': Based upon community input, seven (7) alternatives were prepared by the participants of the workshop. GROUP 1 879-01 WVUSD —Site 'D'— Workshop Summary 3r az e t OW l J GROUP 2 13: 879-01 WVIJSD — Site `D' = Workshop Summary GROUP 3 879-01 WVUSD.- Site °D' -,Workshop Summary GROUP 4 ar ��„ r-sr� �f I� '� •� . °� +.�,r7^+,C�'�-+'�- "`ri•4�''M.'^. ►Z-`' .i, a ati *,---�.""'�Y'k`r,'"�`."-' ,,.. "t. �� :f '"�„i'rr ,j rra �' t iur �'i� ~�� �',��sr �,, r �`mi�• � � w ,, ,�`-rig x , J�,. ,��„yr�'£,� �`� _ Vrvi� �.�v�i�,r �,�"���G�vrvsn�''` � �' � a,.'�.'�r'��.,5 �' ��,r �'a1} . �-�"�.�•L5'�`` ��" a� 7•,,=.z�yw� �r T�i - j�„� StH`nts `t�r`sa'at ish 4t.V r3•rr r*_n. iYz y r J 7fj %� Y i � •}�1Et� K•'�'{` � � �! I 'AWA L`y,.'lu : �a � .r•!' a�+ : �+T`^u r. . - 'ty -'nd �'4 y fY(tfSt` zzt falt' >.a N""..^''x1at r g 3Y�r �y'rt e -� }L . ,}•a� i. {hVi 47 0. Fy ;, �A> t3� Tltt`ri , t4+ yy 3 •4 gy ��� ����f5*������*, Smi0."'�s��r�i`��sa"+ r•� ^.,., � ua `# ' ���F�* rs n�' �- w P ��r h��; �.?� a�,,' -.`'mss-��✓"r.x�..ru �.:',� v.��,3a`��.,1c ��-t `' m� a_ia.,�3�..5 "'n �'.`-'... z. ..;c:.,« ,...�.. o 879-01. WWSD —Site `D' —.Workshop Summary 16 7Ae4 F ?ro d + "ll I.j`f....�.a•i •�. k.E6�"fit � v� n��i 4 � c-ti� xs' ,,-w`*, .,,, r �i,�,�� ,s7 In ��,[ i t t . ' t� '}� i � ,, zx•✓-^'k wei�` ^' .N-1 yy'�•:�1 4'd. v F'' 7Yv �.K�',� .,,p. ra -cYS ':�Jt� ,� .p t..�„ moi. �i f'4dt ,.n .,'st t f ryi F� za ' .�,. t^vi1��'L a. .,1-t�.,i::r"�..�.d.t�.n{,fir'..'Z&�.ti:l:aD_ ,._. :-�•c ...o 879-01 WVUSD — Site `D' - WorkshopSummary 17 ti L '" �r,.1 .IP. ♦-;.t.t} �% ,J'.l r } �t A .ni�Lj�,1,fjwn'��'"� ��3�,j .� s. �+ � y P 'Y~A � � �g� . "S�`T� fjtit r��i } i67'd9 r'i'.isri re "`.^x.%T4'�" . ry r7r IIF . J n�:i s r .1.<--� (C�r l.s✓.-S � Y. �^ J.Y,wy'��� 1 'U N ,+'3e F ���1��r ..S"�(w��,;ur�;,'�*+�'�-•--✓ i'1.. tt�r)t`'��••Ja}..�.m � z+:,:"z 4 <'L f d�s�` �^Y �,, uF 1 'w�� GROUP 6 gi V.� �%'.4q� �`btrJ�nYt{,c r .per - Oil�,u}t���+��,.� (sill -El 8r` . 5.,,u{i�e�:L'+.?tW..r`t++.,5:`ut�,.y,�\'l`z`IF;"vr�.�F�:.vr� 879-01, WVUSD — Site `D' - Workshop Summary 19 r - Yy e3 i d w m+ ur l J';'� ,E�',Sy�r;�' 2 �X . � W.n"` '.S�'4'` w y i i. .�TtK�''� `•' �«' cW�Le!�a ,r�` v��., t'� 879-01 WVUSD — Site `D' - Workshop Summary 20 GROUP 7 879-01 W W SD — Site `D' — Workshop Summary COWOSITE PLAN CONSENSUS PLAN iiMtl} 1 -V L, ��� �"y,.��^�� %�i3t} M '� Il,i.%' t?{. 4 s }rY r`.1 ��� ac '3�ff '"r•"� tf'.•✓��rc�' t IBM r t � {ii ��,,f�x M�.aa� � ,ti � Ll 6l � c..r; 7, '�t1 51 'atlt-,. ,..:,1,✓f s'vxu- d Sr r r. DEN y' i• r7' - ', E. ' '.. t�-a��•"s ��rv'� t QT �1' � { X 1 7, r t�. AY'�` ""a'�,�4�v�%"i� y,��� t�„"�3���� - - _ t3` �`�r�u s't is 1�a1 '�� � � �'�� `� y t �i'��'.Y-' � x s r •+Y�s••..��. F°` F 879-01 WVUSD — Site `D' - Workshop Summary 22 The group plans indicated a number of unique design ideas and program elements. In some cases, many of the group plans were consistent in providing specific elements and even in the general location. The following is a group plan summary chart showing the program elements suggested by the workshop participants. Ciamon� overpass eienc'rinp'n NeiDhbbrhood '!_ .CoMmunity Nalphbo"" Community- `4 - Park. Par1il: ParR Park `_ Party . 1 Parking 1 Partner With Developer � f, 1 Shared Equity Trail Trail Easement Plan alternatives were drawn based upon the design concepts developed by each group participating at the workshop indicating proposed land uses. The consensus design plan was presented to, and reviewed by, the workshop participants and School Board. 879-01 WVUSD — Site `D' — Workshop Summary 23 Walnut Valley Unified School District4 Element Summarya `C " CL a a a m Q. 'a c o p 0 o ct t7a�T x Idenufled Element 0 Commercial N19h End;` 1 1 Community Center " 1 Community Purposes r 2 Entry/Brea Canyon Ext Entry/Chendale Gated ✓, 2 Entry/Crooketl Creek 1 Ent /Pasado Focal Point � MCIMuil . Monument Green SpacelOpen Space f sm er one,: 2 Notnes ✓' % Low nunaitr. iaw nanzim 'Lownan5 iv 4 Library Ciamon� overpass eienc'rinp'n NeiDhbbrhood '!_ .CoMmunity Nalphbo"" Community- `4 - Park. Par1il: ParR Park `_ Party . 1 Parking 1 Partner With Developer � f, 1 Shared Equity Trail Trail Easement Plan alternatives were drawn based upon the design concepts developed by each group participating at the workshop indicating proposed land uses. The consensus design plan was presented to, and reviewed by, the workshop participants and School Board. 879-01 WVUSD — Site `D' — Workshop Summary 23 Attachment 2 KEYSER MARSM-I ASSOCIATTESn, ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT RAW .ASIVISORS IN, To: Grace Lee, Senior Planner REAL ESTATE _. - - City of Diamond Bar .. - - REDEVELOPMENT A+ou')ABLE- ECONOMIC DEVELOPMENT - From: Kevin Engstrom - . -- SAN I'P+ANCISCO - - A. JERRY KEYSER TIMOTHY C. KELLY '. Date: October 14, 2010 KATE EARLE PUNK - - - - DEBBIE A1. KERN ROBERT I.WETMORE Subject: Diamond Bar Boulevard .and Brea Canyon Road Site Market Analysis '. ILEED T. KnAVAHARA - ... _ .... - '.. .. LCIS ANG ELLS KATHLEEN 1-1.HEAD - Pursuant to our request, Ke ser Marston Associates, Inc: KMA updated the market Y Q Y ( ) p JAMES A.[LABE PAUL C. ANUEILtiON - - conditions report for the Diamond Bar Boulevard, and Brea Canyon Road Site (Site). GRE°"RY D. SOO-HOO The previous analysis was conducted in the Spring of 2008. The following analysis KEVIN E, ENGSTKOM JULIE L. ROMEY updates the findings of that study, providing a brief description of the Site, a summary of DENISE MCKERSTArF - - the socio-economic characteristics of the market area and a summary of the. commercial. SXN DIEGO opportunities. GMALD M:TItlriBLt PAUL C. MARRA Similar to 2008, the current uncertainty in the regional and national economy will impact . market conditions in the near-term. Throughout the region, many development projects are on hold and/or are proceeding at a much slower pace.. The credit crisis is a significant factor in this slowdown, as it has limited the funds available for new , development. Consequently, while market demand may exist for new projects, financial considerations severely limit their ability to be built in the near-term. However, it is necessary to understand marketrdemand to plan effectively for the future, when credit is once again more available. SITE DESCRIPTION The Site is located on the southeast corner of Brea Canyon Road and Diamond Bar Boulevard. Per the previous analysis, the sloping property is 28.4 acres of undeveloped land; however, given the topography the entire site is not developable. A study prepared by the Walnut Valley Unified School_ District (School District) and City of.Diamond Bar (City) indicates approximately 20.8 usable acres. 500 SOUTH GRAND AVENUE, SUITE 1480,> LOS ANGELES, CALIFORNIA 90071 >1 P.HONE.2136228095 m• FAX: 2136225204 - .. .. 1010015.DB:KEE:gbd. '. NNI MKEYSE•RMARSTON.COM itsso.00s.00t To: Grace Lee, City of Diamond Bar October 14, 2010 Subject: Diamond Bar Boulevard and Brea Canyon Road Page 2 Site Market Analysis SOCIO-ECONOMIC CHARACTERISTICS Identifying the socio-economic character of the market area residents is necessary for the evaluation of potential market opportunities. Shown in Attachment 1 - Table 1 is a summary of the salient socio-economic characteristics for one-, three- and five -mile market areas around the Site; the City; the regional market area (Region); and the County of Los Angeles (County).' The salient socio-economic characteristics are summarized below: Population 1. According to Claritas, the population in the City is approximately 58,700 persons. The population within three miles of the Site is 57,300 persons. Overall, the City and market area population densities are relatively low. Reasons for this include the vast tracts of undeveloped land to the south of the City and the propensity of single-family residences throughout the market area. 2. Households in the City and the Region (3.22 and 3.39 persons) are generally larger than the County average of 3.03 persons: Income 1. Overall, per capita income levels in the City and Region are high. Within the City the per capita income levels are $33,100 and the three-mile market area is $32,000. Comparatively, the Countywide income levels are $26,000, which are approximately 21 % lower than the City. 2. The average household income levels in the City and three-mile. market area are approximately 25% higher than the County. 3. Approximately 40% of the households in the City and three-mile market area have income levels above $100,000. Comparatively, only 23% of the Countywide households exceed this threshold. ' The Region includes Diamond Bar, Walnut, Industry, Chino Hills, Brea, Rowland Heights and Hacienda Heights. 1010015.DB:KEE:gbd .:11630.003.001 To: Grace Lee, City of Diamond Bar October. 14, 2010 Subject: Diamond Bar Boulevard and Brea Canyon Road Page 3 Site Market Analysis Demographic Characteristics 1. Overall, the age distributions within the City, the three-mile market area and the County are relatively consistent. 2. The population in the City and the three-mile market area are highly educated, as over 45% of the residents over the age of .25 have a college degree. Comparatively, 28% of the County residents have obtained their degrees. 3. Within the City, approximately 50% of the population is Asian, compared to 13% Countywide. Population and Household Projections Shown in Attachment 1 - Table 2 are the SCAG population and household projections for the City, nearby Cities and Los Angeles County. As shown in the table, the population is projected to grow at a moderate pace within the City, 15% between 2005 and 2035. More rapid growth (21%. between 2005 and 2035) is projected for the County. Socio -Economic Summary Overall, the market area can be characterized as follows: 1. The City and market area population densities are relatively low. 2.: Households in the,City and the three-mile market area are generally larger than the County average. 3. Per capita and household income levels in the City and market area are high. 4. There is significant concentration of households with annual incomes over $100,000 in the City and market area.; 5. The populations within the City and market area are highly educated population - over 45% have graduated from college. . 6. Approximately 50% of the City's population is Asian. 7. Low to moderate population and household growth is projected.' 1010015.DB:KEE:gbd 11630.003.001 To: Grace Lee, City of Diamond Bar October 14, 2010 Subject: Diamond Bar Boulevard and Brea Canyon Road Page 4 Site Market Analysis COMMERCIAL MARKET OVERVIEW The summary of the current commercial conditions is provided below. 1. As shown in Attachment 1 — Table 3, the 2008 taxable retail store sales in the City are significantly lower than the Region, County and State.2 The sales data shown here comes from the California State Board of Equalization (SBE), which tracks the total taxable retail sales by jurisdiction. Within the City, the per capita taxable sales are extremely low in every retail store category. However, the regional market sales per capita are higher than the County in every category. This indicates the retail needs of the City's residents are likely being met by nearby jurisdictions. 2. As shown in Attachment 1 — Table 4, the taxable sales per permit in the City are low when compared to the Region and County. In fact, the sales per establishment within the City are lower than the County in every category except General Merchandise Stores. As shown in this table, the City has relatively few establishments, as the residents per permit are higher in the City than every jurisdiction except Chino Hills. It should be noted that while Chino Hills has relatively few establishments, its establishments generate significantly higher sales than those found in Diamond Bar. 3. As shown in Attachment 1 — Table 5, retail sales in the City have decreased 16% from 2000 to 2008. However, if auto dealerships are not included, then the actual change during this period is an increase of 3%. The significant difference is likely due to the closing of the Diamond Honda auto dealership.' 4. Shown in Attachment 1 —Tables 6A and 6B is a survey of the shopping centers and major retailers in the market area. The centers and retailers shown in these tables are only a sample of the total retail activity in the jurisdiction noted, they do not reflect the entirety of the retail/commercial development. -Comparatively, the data in Tables 3 and 4 includes all of the retail store activity in the listed jurisdiction. However, the breadth and depth of this sample indicates the intense competition in the market area. 2 The sales categories shown here reflect typical retail center tenancies and do not include Service Station and Auto Dealer sales: 3 Due to disclosure issues the sales for Auto Dealers and Suppliers were included in the City's "Other Retail Stores" category for the years 2002-2008. 1010015.DB:KEE:gbd, 11630.003.001 To: Grace Lee, City of Diamond Bar October 14, 2010 Subject: Diamond Bar Boulevard and Brea Canyon Road Page 5 Site Market Analysis 5. Attachment 1 - Tables 7 and 8 estimate the retail surplus/leakage for the City. In Table 7, KMA estimated the surplus/leakage in 2010. To conduct this analysis, KMA assumed an estimated population of 58,700 persons based on the Claritas data. The retail sales in the City during 2008 are based on the taxable sales recorded by the SBE, with adjustments to reflect the non-taxable nature of some sales. These sales were then adjusted for inflation to estimate the current productivity levels. Finally, the estimated retail potential assumes the residents exhibit expenditure patterns consistent with the State. Shown in Table 8 is a projection of the retail surplus/leakage for the City in 2015. In 2010 and 2015, the total additional development supported by City residents is significant, as the City is not capturing its fair share of retail sales in any category. In fact, it is estimated that the City is leaking potential sales that could support 978,000 square feet of retail development currently and 1.1 million square feet in 2015. 6. Shown in Attachment 1 —Tables 9 and 10 is an estimate of the surplus/leakage for the market area. For the purposes of this analysis, KMA included the residents of Rowland Heights and Hacienda Heights; however, sales data is not available from the SBE for these jurisdictions as these are unincorporated places in Los Angeles County. The analysis indicates the Region could support an additional 658,000 square feet of retail space in 2010 and 830,000 square feet in 2015. However, a large share of the potential demand is offset by the significant surplus in general merchandise sales within the market area. These retailers include membership warehouses, department stores and large scale retailers (e.g. Target) which sell a broad array of goods which are included in other SBE categories (e.g. apparel). Further, over half of the additional demand is for food stores, which serve a smaller one- to two-mile market area. In addition, the exclusion of the sales in Rowland Heights and Hacienda Heights impacts these figures, as there is a large number of neighborhood and community serving retailers along Colima Avenue, which are not being captured. Therefore, the significant general merchandise sales, the significant demand for food stores and the undocumented sales in the unincorporated County areas likely account for a large share of the regional demand. To: ' Grace Lee, City ofDiamond Bar Subject: Diamond Bar Boulevard and Brea Canyon Road.Page 6 Site Market Analysis October 14'2O1O ' 8. /\ashown inAttachment 1—Table 12.the average sales price for retail buildings ' in the City io$24Oper square foot. ' . S. ' Shown in Attachment 1 — Table 13 is a summary of office listings in the City. The monthly, full-service rents range from $1.85to$4.15per square foot. The weighted ia���}O fbot* � average __ per 10. Attachment 1—Table 2Oshows ;asummary ofrecent office building sales iDthe . . City. The prices for the buildings range from nearly $18Uper square footto$24O per square, with anaverage price ofapproximately $205 per square foot. ` ' 11. Traffic counts indicate less than 25,000 cars per day travel near the intersection of Brea Canyon and Diamond Bar Boulevard. / impression on their i 12. KK�Ao�Vcontacted onoKe eo�ve| / ' thecommercial market. These discussions are summarized below: a. Retail and office market is relatively soft. b. Current commercial market may not support new developmentinthe near- tonnk1-tenn|however, potential rnayaxka inthe future. ' C. Significant number ofcommercial vacancies iDthe City. d.Very few large-scale development opportunities the market ea area. m.Proximity to freeway is an asset. � t Local area reoidentsorevery concerned about large scale commercial development .` � ' � y' 'Commercial success will be ----'nedbv~visibility. ` h. There,eppenytobemona potential support for office rather than retail in ` th�n�optonid�enn. ' of the rents are Triple Net, |nwhich the expenses are passed ontothe tenant. � , ` � To: Grace Lee, City of Diamond Bar October 14, 2010 Subject: Diamond Bar Boulevard.and Brea Canyon Road Page 7 Site Market Analysis Overall, the commercial market can be characterized as follows: 1. Taxable sales, in the City are extremely low. 2. Retail sales in the City are below County and State averages in every retail category: 3. There are relatively few retail establishments in the City, as there are significantly more residents per permit in the City compared to the other jurisdictions except Chino Hills. However, Chino Hills has larger retailers. 4. Taxable sales in the City have decreased 16% since 2000. 5. There is significant competition in the market area. 6. The surplus/leakage analysis indicates the City is leaking sales in all establishment types both currently and through the mid-term. 7. The Region indicates some demand as well; however, the sales productivity of Rowland Heights and Hacienda Heights is not captured. Further, there is a significant surplus of general' merchandise sales in the Region and much of the demand is for food stores, which have a relatively small, local serving market area. 8. Within the City, rents are relatively soft. 9. The recent retail building sales in the City supported moderate prices. 10. The office rents in the City are relatively healthy. 11. Traffic counts are moderate near the intersection. To: Grace Lee, City of Diamond Bar October 14, 2010 Subject: Diamond Bar Boulevard and Brea Canyon Road Page 8 Site Market Analysis SUMMARY The socio-economic characteristics of the market area residents are strong, as income and education levels are quite high. However, the population density within the three- mile market area is relatively low due to the lack of development to the south of the Site and lower density residential in the market area. Within the City, the retail sales are extremely low and the City is leaking sales to nearby jurisdictions. While the region shows some leakage, a significant surplus of sales in general merchandise stores and retail development in unincorporated areas likely account for a great share of this potential. Further, much of the demand is related to food stores, which have a small, local market area. Overall, when the region is evaluated, there may be some support for building material stores and dining establishments. A review of the existing real estate conditions indicates the retail rents are relatively low and office rents are relatively healthy. Discussions with brokers indicate the retail market is currently soft, with relatively high vacancy rates: Given the market conditions in the City, the near- to mid-term market opportunities for this Site are limited. Reasons for this include: the relatively low rents in the City, the high vacancy rates, regional demand factors and the availability of credit. However, the size of the parcel and the beneficial locational factors of this Site (freeway proximity, access etc.) could be well suited for a neighborhood to community sized commercial center (65,000 to 1.50,000 square feet) which includes retail and/or office. However, the viability of such a center will likely be much greater in the long-term (5 - 7 + years). If a long-term perspective.is considered, tenancies could include some of the following tenant types: office space, box retail (e.g. the Home Depot), food store, mini -anchors (e.g. Staples, Ross, T.J. Maxx etc.) and restaurant pads. 1010015.DB:KEE:gbd 11630.003.001 To: Grace Lee, City of Diamond Bar October 14, 2010 Subject: Diamond Bar Boulevard and Brea Canyon Road Page 9 Site Market Analysis Limiting Conditions 1. The analysis contained in this document is based, in part, on data from secondary sources such as state and local government, planning agencies, real estate brokers, and other third parties. While KMA believes that these sources are reliable, we cannot guarantee their accuracy. 2. The analysis assumes that neither the local nor, national economy will experience a major recession. If an unforeseen change occurs in the economy, the conclusions contained herein may no longer be valid. 3. The findings are based on economic rather than political considerations. Therefore, they should be construed neither as a representation nor opinion that government approvals for development can be secured. 4. Market feasibility is not equivalent to financial feasibility; other factors apart from the level of demand fora land use are of crucial importance in determining feasibility. These factors include the cost of acquiring sites, relocation burdens, traffic impacts, remediation of toxics (if any), and mitigation measures required through the approval process: 5. Development opportunities are assumed to be achievable during the specified time frame. A change in development schedule requires that the conclusions contained herein be reviewed for validity. 6. The analysis, opinions, recommendations and conclusions of this document are KMA's informed judgment based on market and economic conditions as of the date of this report. Due to the volatility of market conditions and complex dynamics influencing the economic conditions of the building and development industry, conclusions and recommended actions contained herein should not be relied upon as sole input for final business decisions regarding current and future development and planning. Attachments ATTACHMENT 1- TABLE 1 2010 SOCIO-ECONOMIC CHARACTERISTICS DIAMOND BAR & BREA CANYON MARKET ANALYSIS DIAMOND BAR, CALIFORNIA Population 1 Mile Ring 8,200 3 Mile Ring 57,300 5 Mile Ring 221,800 Diamond Bar 58,700 Regional Market 315,800 L.A. County 10,163,800 Households 1 Mile Ring 2,400 3 Mile Ring 17,000 5 Mile Ring 66,700 Diamond Bar 18,400 Regional Market 94,900 L.A. County 3,297,800 Average Persons Per Hhold 1 Mile Ring 3.39 3 Mile Ring 3.35 5 Mile Ring 3.32 Diamond Bar 3.22 Regional Market 3.32 L.A. County 3.03 300,000 250,000 200,000 150,000 100,000 50,000 0 1 Mile Ring 3 Mile Ring 5 Mile Ring Diamond Bar Regional Market 100,000 75,000 50,000 25,000 0 1 Mile Ring 3 Mile Ring 5 Mile Ring Diamond Bar Regional Market Households ATTACHMENT 1 -TABLE 1 (Continued) 2010 SOCIO-ECONOMIC CHARACTERISTICS DIAMOND BAR & BREA CANYON MARKET ANALYSIS DIAMOND BAR, CALIFORNIA Per Capita Income 1 Mile Ring $35,400 3 Mile Ring $32,000 5 Mile Ring $31,000 Diamond Bar $33,100 Regional Market $31,600 L.A. County $26,000 Average Household Income 1 Mile Ring $119,200 3 Mile Ring $106,700 5 Mile Ring $102,600 Diamond Bar $106,100 Regional Market $104,900 L.A. County. $79,300 ATTACHMENT 1 -TABLE 1 (Continued) 2010 SOCIO-ECONOMIC CHARACTERISTICS DIAMOND BAR & BREA CANYON MARKET ANALYSIS DIAMOND BAR, CALIFORNIA Household Income Distribution 35 to 54 55 to 64 Under 18 1 Mile Ring Under $25,000 $25,000 to $49,999 $50,000 to $74,999 . $75,000 to $99,999 1 Mile Ring 8.23% 10.80% 14.89% 17.58% 3 Mile Ring 11.77% 15.30% 16.54% 16.41% 5 Mile Ring 11.08% 16.57% 17.41% 16.29% Diamond Bar 9.42% 14.37% 18.40% 16.26% Regional Market 10.64% 15.43% 16.39% 16.44% A 'f- + , 79 Fn% 9.1141 % 17.58% 12.25% $100,000+ 46.82% 38.50% 37.38% 40.17% 39.93% 2297% Age ulstnoution 35 to 54 55 to 64 Under 18 1 Mile Ring 22.19% 3 Mile Ring 20.97%°` 5 Mile Ring 22.65% Diamond Bar 21.27% Regional Market 23.63% L.A. County 25.65% 18 to 34 35 to 54 55 to 64 Over 65 23.31%0 29.40% 14.06% 11.03% 23.77% 43.08% 14.10% 12.16% 23.72% 42.15%' 13.02% 11.48% 44.08% 13.89% 11.14% 23.52% 42.14% 12.51% 10.69% 24.15% 39.24% 10.20% 10.96% Age Distribution ATTACHMENT 1 - TABLE I (Continued) 2010 SOCIO-ECONOMIC CHARACTERISTICS DIAMOND BAR & BREA CANYON MARKET ANALYSIS DIAMOND BAR, CALIFORNIA Education Level of Residents Over 25 Years 60.00% 45.00% 30.00% 15.00% 0.00% Education Level of Residents Over 25 Years No HS Degree HS Degree Some College College Grad. 3 Mile Ring 13 5 Mile Ring El Diamond Bar U Regional Market 13 L.A. County Race Classification No HS Degree HS Degree Some College College Grad. 1 Mile Ring 5,15% 14.25% 25.74% 54.84% 3 Mile Ring' 8.06% 19.64% 26.74% 45.56% 5 Mile Ring 10,60% 19,26% 29.32% 40.83% Diamond Bar 5.81% 17.11% 29.14% 47.94% Regional Market 9.80% 19.48% 29.97% 40.75% L.A. County 24.74% 21.44% 25.68% 28.15% 60.00% 45.00% 30.00% 15.00% 0.00% Education Level of Residents Over 25 Years No HS Degree HS Degree Some College College Grad. 3 Mile Ring 13 5 Mile Ring El Diamond Bar U Regional Market 13 L.A. County Race Classification American Indian Asian White 1 Mile Ring 26.70% 3 Mile Ring 2.8.24% 5 Mile Ring 38,95% Diamond Bar 33.07% Regional Market 0.14% L.A. County 46.68% Black American Indian Asian Pacific.1slander, Other Alone 2.07% 0.28% 63.92% b.ol% 3.94% 2.36% 0.33% 56.94% 0.14% 8.25% 2.75% 0.480% 41.33% .0.20% 12.15% 3.80% 0.27% 50.51% 0.13% 7.81% 3.17% 0.47% 40.56% 0.17% 12.55% 8.73% 0.80% 12.871/16 0.26% 25.32% Race Classification 75.00% 50.00% 25.00% 0.00% ATTACHMENT 1- TABLE 2 SCAG POPULATION, HOUSEHOLD & EMPLOYMENT PROJECTIONS DIAMOND BAR & BREA CANYON MARKET ANALYSIS DIAMOND BAR, CALIFORNIA Diamond Bar Walnut Industry Chino Hills Brea Regional Market Total Los Angeles County Change Diamond Bar Walnut Industry Chino Hills Brea Regional Market Total Los Angeles County Diamond Bar Walnut Industry Chino Hills Brea Regional Market Total Los Angeles County Change Diamond Bar Walnut Industry Chino Hills Brea Regional Market Total Los Angeles County POPULATION 2005 2010 2015 2020 2025 2035 59,659 61,041 62,676 64,247 65,771 68,595 31,929 32,353 33,567 34,408 35,301 36,989 800 807 807 809 811, 814 77,989 79,298 80,382 81,039 81,678 82,880 39,573 42,973 45,417 46,031 46,295 46,997 209,950 216,472 222,849 226,534 229,856 236,275 10,206,001 10,615,730 10,971,602 11,329,829 11,678,552 12,338,620 2005-2010 2010-2015 2015-2020 2020-2025 2025-2035 2005-2035 2.3% 2.70/6 2.5% 2.4% 4.3% 15.0% 1.3% 3.8% 2.5% 2.6% 4.8% 15.8% 0.9% 0.0% 0.2% 0.2% 0.4% 1.8% 1.7% 1.4% 0.8% 0.8% 1.5% 6.3% 8.6% 5.7% 1.4% 0.6% 1.5% 18.8% 3.1% 2.9% 1.7% 1.5% 2.8% 12.5% 4.0% 3.4% 3.3% 3.1% 5.7% 20.9% HOUSEHOLDS - 2005 2010 2015 2020 2025 2035 17,876 18,377 19,082 19,780 20,319 21,247 8,398 8,609 9,091 9,486 9,791 10,315 121 121 121 121 121 121 22,110 22,689 23,347 23,753 24,142 24,848 14,175 14,948 15,687 15,725 15,761 15,961 62,680 64,744 67,328 68,865 70,134 72,492 3,212,434 3,357,798 3,509,580 3,666,631 3,788,732 4,003,501 2005-2010 2010-2015 2015-2020 2020-2025 2025-2035 2005-2035 2.8% 3.8% 3.7% 2.7% 4.6% 18.9% 2.5% 5.6% 4.3% 3.2% 5.4% 22.8% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 2.6% 2.9% 1.7% 1.6% 2.9% 12.4% 5.5% 4.9% 0.2% 0.2% 1.3% 12.6% 3.3% 4.0% 2.3% 1.8% 3.4% 15.7% 4.5% 4.5% 4.5% 3.3% 5.7% 24.6% -u0 ;u ca o 5- 21 F cn ch CL 0 w 0 CL 2: 0 3 0 m > o 0 3 0 C 0 c o D. 0, CD M w 0. CD a3 CD EF In ED B 7, 0 En M w C) in w w =r 0 0 CD C: co 0 0. 0 = 0 . PO p 4� W al 1�3 0 CD cn. 00 -4 -4 0 CO P� 00 M IQ _0 --4 -P,) --4 0 < . - cn co w 0 0 m — ON 0) 00 N M 0 -4 CD F3 CD Cn Co O CD En 0) r, co N J, p CO .91 p p --J CD --4 CO W -4 O W 8 M IO OCn -4 -N M M CO 0 s j -- - - CU CA A CO N4 IO CO CD CP0 -4 C:, to c:) P,-, Cn CW :m w o o co o cn cn 0 CD fla 4�1 z IN -4 Cn 4 -r�- 00 0 CO CD N CD io 6 bo 6 �j io W -4 -4 0) a) m 0) OD -4 w C) 0 0 -4 Ul CO J�- -4 CO :�4.N CO -co C) -4 C) 03 W cn CD CA .4, -4 C) M W N W N) w N CO A 0 0) Cn -4 (0 CD C) cn CA C) N N M 00 -A- (3) A OO C) -1 N CJ) -4 0 N CO 00 (0 IO W o -1 -.1 -.1 �'oK o< C) C) 0) W (31 ATTACHMENT 1 -TABLE 3 - TOTAL & PER CAPITA SALES DIAMOND BAR & BREA CANYON MARKET ANALYSIS DIAMOND BAR, CALIFORNIA -- -------Total Taxable Sales ($000s)- 2008 Regional Los Angeles State of Diamond Bar Industry Chino Hills Brea Walnut Market County California $777 $60,849 - $21,674 $213,230 NA $296,530 $6,290,993 $22;120,093 Apparel Stores 46,453 276,783 124,395 $233,411 $1,525 682,567 12,861,677 56,425,472 General Merchandise Stores 16,440 17,249 43,057 27,756 $12,916 117,418 4,921,329 21,504,308 Food Stores 47,749 119,715 76,056 166,689 $24,972 435,181 14,607,067 52,051,403 Eating &Drinking Places 1,555 104,888 25,184 53,183 NA 184,810 4,482,775 17,199,187 Home Furnishing & Appliances 96,944 NA 139,421 $1,229 243,376 6,388,930 26,647,007 Building Materials & Farm Imp. 5,782 NA 324,646 11,663 23,237 $3,876 336,309 13,282,538 54,540,172 Auto Dealers and Supplies 31,607 405.672 87.047 195.606 41.268 . 761.200 13.537.618 54.815.535 ores' r Retail Stores' Other $150,363 $1,406,746 $389,076 $1,052,533 $85,786 $3,084,504 $76,372,927 $305,303,177 RetailrRetores Total Source: California State Board of Equalization; and California State Department of Finance (Fable E-1, population as of 1/1/08) Per the CA State Board of Equalization, for those categories listed as NA, the sales are included in the "Other Retail Stores" category. Prepared by: Keyser Marston Associates, Inc. Filename: Diamond Bar & Brea Canyon Tables - 10-14; T3; 10/14/2010; jtu Page 7 of 19 Source: Califomia State Board of Equalization; and Califomia State Department of Finance (Table E-1, population as of 1/1/08) Per the CA State Board of Equalization, for those categories listed as NA, the sales are included in the "Other Retail Stores" category. Prepared by: Keyser Marston Associates, Inc. Filename: Diamond Bar & Brea Canyon Tables -10-14; T4; 10114/2010; jtu Page 8 of 19 Total Permits " " 2008 Population 60,015 794 78,465 39,441 39,442 Regional Los Angeles State of Diamond Bar Industry Chino Hills Brea Walnut Market Coon California Apparel Stores 31 204 32 121 42 388 20,123 53,510 General Merchandise Stores- 16 39 19 22 37 10 96 98 9,678 7,108 . 23,055 24,773 Food Stores 25 109 32 154 18 88 23 162 66 513 25,320, 91,554 Eating & Drinking Places 438,064 97 29 58 25 205 9,475 33,469 Home Fumishing,& Appliances 21 1,081,320 11 13 12 80 2,688 12,130 Building Materials & Farm Imp. 14 42 25 33 47 155 8,705 34,104 Auto Dealers and Supplies 25 72 823 316 414 225 1 867 61.620 215.472 Other Retail Stores 314 555 1,463 - 538 846 464 3,402 144,717 488,067 Retail Stores Total 1 108 1 146 Source: Califomia State Board of Equalization; and Califomia State Department of Finance (Table E-1, population as of 1/1/08) Per the CA State Board of Equalization, for those categories listed as NA, the sales are included in the "Other Retail Stores" category. Prepared by: Keyser Marston Associates, Inc. Filename: Diamond Bar & Brea Canyon Tables -10-14; T4; 10114/2010; jtu Page 8 of 19 Taxable Sales Per Permtt " " 2008 Population 60,015 794 78,465 39,441 39,442 Regional Los Angeles State of Diamond Bar Indust Chino Hills Brea Walnut Market Coun California Apparel Stores $25,065 $298,279 $677,313 $1,762,231 NA $764,253 $312,627 $413,382 General Merchandise Stores 21903,313 7,097,000 6,547,105 10,609,591- 41,216 7,110,073 1,328,960 692,365 2,447,429 868,054 Food Stores 657,600 539,031 2,392,056 1,206,783 1,291,600 1,198,143 1,449 " 1,529 Eating;&Drinking Places 438,064 777,370 864,273 1,028,944 378,364 848,306 576,898 473,116 568,532 513,884 Home Furnishing & Appliances 74,048 1,081,320 868,414 NA 916,948 10,724,692 NA 102,417. 901,512 3,042,200 2,376,834 2,196,785 Building Materials & Farm Imp. 413,000 NA 2,308,190 4,508,972 466,520 704,152 82,468 2,169,735 1,525,852 1,599,231 Auto Dealers and Supplies Other Retail Stores' - 93.236 492.919 1 266.199 472.478 141.329 407.713 219.695 254.397 RetailStores Average $270,924 $961,549 $723,190 $1,244,129 '. $184,884 $906,674 $527,740 $625,535 Source: Califomia State Board of Equalization; and Califomia State Department of Finance (Table E-1, population as of 1/1/08) Per the CA State Board of Equalization, for those categories listed as NA, the sales are included in the "Other Retail Stores" category. Prepared by: Keyser Marston Associates, Inc. Filename: Diamond Bar & Brea Canyon Tables -10-14; T4; 10114/2010; jtu Page 8 of 19 Residents Per Permit " 2008 Population 60,015 794 78,465 39,441 39,442 211,296 10,301,658 37,883,992 Regional Los Angeles State of Diamond Bar Industry Chino Hills ' Brea Walnut- Market County California Apparel Stores 1,936 4 2,452 4,130 326 1,793 939 1,066 545 2,201 512 1,064 708 1,643 General Merchandise Stores 3,751 2,401 20 25 4,359 1,715 3,944 2,156 1,449 " 1,529 Food Stores: Ealing & Drinking Places 551 ` 5 892 243 598 412 407 414 Home Fumishing&Appliances _ 2,858 _ 8 j 2,706 680 1,578. 1,031 2,641 1,087 3,832 1,132 3,123 Building Materials & Farm Imp. 4,287 19 7,133 3,034 3,287 1,363 1,183 1,111 Auto Dealers.and Supplies 2,401 11 3,139 1,195 839 175 113 167 176 Other Retail Storesl- 191 1 248 95 47 85 62 71 78 Retail Stores Average 1 108 1 146 Source: Califomia State Board of Equalization; and Califomia State Department of Finance (Table E-1, population as of 1/1/08) Per the CA State Board of Equalization, for those categories listed as NA, the sales are included in the "Other Retail Stores" category. Prepared by: Keyser Marston Associates, Inc. Filename: Diamond Bar & Brea Canyon Tables -10-14; T4; 10114/2010; jtu Page 8 of 19 ATTACHMENT 1.- TABLE 5 TOTAL TAXABLE RETAIL SALES 2000-2005 DIAMOND BAR & BREA CANYON MARKET ANALYSIS DIAMOND.BAR, CALIFORNIA ------Total Taxable Sales ($000s) City of Diamond Bar % Change Compounded Annual 2000 2002 2004 2006 2008 2000-2008 Growth Rate Apparel Stores $1,342 $1,330 $929 $1,192 $777 -42°Jo -6. General Merchandise Stores 24,264 24,233 23,051 32,861 46,453 91% 8.55%% Food Stores 19,051 17,289 14,851 - 15,826 16,440 -14% -1.8% Eating Drinking Places g 43,048 46,272 47,604 48,034 _ 47,749 11% 1.3% Home.Furnishing &Appliances 5,281 1,476 1,782 2,407 1,555 -71% -14.2% Building Materials &Farm Imp. 5,164 5,976 7,672 6,372 5,782 12% 1.4% Auto Dealers and Supplies 32,497 NA NA NA NA NANA Other Retail Stores' 47.387 76.208 94.995 76.223 31,607 -33%4.99°l0% Retail Stores Total $178,034 $172,784 $190,884 $182,915 $150,363 -16% -2.1 Source: State Board of Equalization, Keyser Marston Associates, Inc. ' Per the CA State Board of Equalization, for those categories listed as NA, the sales are included in the "Other Retail Stores" category. Prepared by: Keyser Marston Associates, Inc. Filename: Diamond Bar & Brea Canyon Tables -10-14; T5; 1011412010; jtu Page 9 of 19 ATTACHMENT 1 - TABLE 6A LOCAL SHOPPING CENTERS OVER 30,000 SQUARE FEET MARKET STUDY ' DIAMOND BAR, CALIFORNIA SF Type Address City Anchor Tenants Name JCPenney, Macy's, Nordstrom, Robinson's - 1 Brea Mail 1,318,000 Super Regional_ 1064 Brea Mall Brea May, Sears Costco, Levitz, Mann Theaters; Target, Kids R 2 Puente Hills East 1,260,000 Power Center 17515 Colima Rd. Rowland Heights Us Home Depot, Office Depot, Sam's Wholesale 3 MDC Center 589,078 Power Center 601-629 Placentia Brea Club, Smart & Final, Toys'R' Us a Marketplace 4 Brea 298,193 Community 705-985 E. Birch St. Brea Rowland Heights Target Barnes & Nobele, Michaels, Marshalls 5 Puente Hills Town Center 260,689 Community 17342 Colima Brea TJ Maxx, Petco, Alberstons 6 Imperial Center East 225,000 Community 2500 Imperial Hwy Indust Industry Pier 1, Petsmart, Kohis; Michaels 7 The Marketplace at Grand Crossing 205,000 Community 21818 Valley Blvd. Rowland Heights Office Depot, Sam Ash, Smart & Final 8 Plaza at Puente Hills 177,933 157,408 Community Community 18205 Gale Ave 2797 Diamond Bar Blvd. Diamond Bar Super H Mart, Rite Aid, KFC 9 Diamond, Hills Plaza 150,000 Community 11639 Imperial Hwy Brea Lucille's, Borders 10 Brea Plaza 128,175 Community 535 N Grand Ave. Walnut L&L,Hawaiin BBQ, Home Goods, TJ Maxx 11 The Village 12 imperial Rose Plaza 101,484 Neighborhood 1029-1174 Imperial Hwy Placentia Stater Brothers, del Taco, Sav On Vons, Wells Fargo, Blockbuster, Hallmark 9 13 Lemon Creek Village 69,046 Neighborhood g 368 N. Lemon Ave. Walnut Rowland Heights California Market 14 Rowland Heights Shopping Center 89,000 ',Neighborhood 18305 Colima nd Bar Plaza oD 73,898 Neighborhood 218-334 S: Diamond Bar Ave. Diamond Bar Albertsons 16'Plaza15 amond Bar' 71,926 Neighborhood 1900-2040 South Brea Canyon Diamond Bar Akbar Ali, Showbiz 17 The Marketplace West at Grand Crossing 67,234 Neighborhood 21560 Valley Blvd. Industry Fresh & Easy 24 Hour Fitness Peacock Garden, Baskin Robbins 18 Diamond Bar Village Center 59,746 Neighborhood 23347 Golden Springs Dc Diamond, Bar Curves, Vons, Round Table 19 Brea Center 56,945 56,582 Neighborhood Neighborhood 720 N. Brea Blvd. 18716-18742 E. Colima Brea Rowland Heights Diamond Realty, Hanmi Bank, New Garden 20 Rowland Heights Plaza 21 Village at Birch St. Promenade 55,000, Neighborhood 110 W. Birch St. Brea Skechers, Bath & Body Works 22 Brea West Shopping Center 46,067 Neighborhood 1201 W. Central Ave. Brea Rowland Heights 99 Cent Store Stater Bros, Whiskey Barrel -.23 19758 Colima 43,000 Neighborhood 19758 Colima Rd. 24 Walnut Hills Plaza 42,282 Neighborhood 18730 Amar Rd. West Covina Industry American Tire, Ethan Allen 25 1478-1562 S. Azusa 40,732 Neighborhood - 1478-1562 S. Azusa 26 18575 Gale Ave. 38,320 Neighborhood 18575 Gale Ave. ,. Rowland Heights 27 Brea Gateway 37,141 Neighborhood 215 South Brea Blvd. Brea Kaitlyn Clothing 28 Towne Center Village 36,700 Neighborhood 1117-1139 S. Grand Ave. Diamond Bar Rendinos Pizza 29 Diamond Bar Ranch Plaza 36,500 Neighborhood 249 S. Diamond Bar Blvd. Diamond Bar Kmart 30 Diamond Bar Plaza 36,454 Neighborhood 303-315 S. Diamond Bar Blvd Diamond Bar Auto Zone, Ace Hardware Source: ICSC Global Shopping Center Directory; Unnamed centers without addresses or square footage are not included in this summary. Prepared by: Keyser Marston Associates, Inc. Filename: Diamond Bar & Brea Canyon Tables -10-14; T6a; 1011412010; itu Page 10 of 19 TABLE 6B HOME IMPROVEMENT & SUPERMARKETS 1N DIAMOND BAR WITHIN 5 MILES MARKET STUDY DIAMOND BAR, CALIFORNIA No. Name Address Citv State Zi P 1 Home Depot 18131 Gale Ave. Industry CA 91748 2 Home Depot 2455 E. Imperial Hwy Brea CA 92821 3 Lowe's 13251 Peyton Dr. Chino Hills CA 91709 4 Lowe's 17789 Castleton St. Industry CA 91748 5 Lowe's 4777 Chino Hill Parkway Chino Hills CA 91709 6 Ralphs 1180 Diamond Bar Blvd. Diamond Bar CA 91765 7 Ralphs 305 W. Imperial Hwy Brea CA 92821 8 Vons 240 S. Diamond Bar Blvd. Diamond Bar CA 91765 9 Vons 350 N. Lemon Ave. Walnut CA 91789 10 Vons 780 N. Brea Blvd. Brea CA 92821 11 Albertsons 1235 S. Diamond Bar Blvd. Diamond Bar CA 91765 12 Albertsons 18730 E. Amar Rd. Walnut CA 91789 13 Albertsons 19725 E. Colima Rd., Rowland Heights CA 91748 14 Albertsons 3255 Grand Ave. Chino Hills CA 91709 15 Albertsons 15970 Los Serranos Country Club Dr. Chino Hills CA 91709 16 Albertsons 2500 E. Imperial Hwy Brea CA 92821 17 Albertsons 17120 Colima Rd. Hacienda Heights CA 91745 18 Smart & Final 18204 E. Gale Ave. Industry CA 91748 19 99 Ranch Market 1015 S. Nogales St. Rowland Heights CA 91748 20 99 Ranch Market 2959 Chino Ave. Chino Hills CA 91709 21 99 Ranch Market 1625 Azusa Hacienda Heights CA 91745 22 Target 747 Grand Ave. Diamond Bar CA 91765 23 Target 3944 Grand Ave. Chino Hills CA 91710 24 Target 855 Birch Brea CA 92821 25 Target , 17751 Colima Rd. Rowland Heights CA .91748 26 : Costco 13111 Peyton Dr. Chino Hills CA 91709 27 Costco 17550 Castleton St. Industry CA 91748 28 Stater Bros 20677 Amar Rd. Walnut CA 91789 29 Stater Bros 19756 Colima Rd. Rowland Heights CA 91748 30 Stater Bros 14250 Chino Hills Pkwy Chino Hills CA 91709 31 Wal Mart 17150 E. Gale Ave. Industry CA 91745 32 Wal Mart 2595 E. Imperial Hwy Brea CA 92821 33 Henrys Farmers Market 3630 Grand Ave. Chino Hills CA 91709 34. Super H Mart 2825 S. Diamond Bar Blvd. Diamond Bar CA 91765 35 Hannam Chain Inc. 21080 Golden Springs Dr. Walnut CA 91789 36 Sprouts Marketplace 735 Birch Street Brea CA 92821 Source: Company websites Flename Diamond Bar Marston Associates, Canyon Tables -10-14;T6b;1 Pae 11 of 19 0/1412010;kea . 9 ATTACHMENT 1 -TABLE 7 ESTIMATED MARKET POTENTIAL - EXISTING CONDITIONS CITYOF DIAMOND BAR DIAMOND BAR & BREA CANYON MARKET ANALYSIS DIAMOND BAR, CALIFORNIA Population in City of Diamond Bar 58,659 Per Capita Income' $33,100 Gross City of Diamond Bar Income $1,941,613,000 Diamond Bar Diamond Bar Sales Diamond Bar Sales Potential Surplus/ Typical Additional Establishment Type ' 2008 2010 z 2010 Leaka a Productivity Development Apparel Stores $777,000 $790,000 $39,503,000 ($38,713,000) $300 129,000 General Merchandise Stores 3 $48,897,895 49,715,000. 106,070,000 (56,355,000) $350 $400 161,000 154,900 Food.Stores a $46,971,429 47,756,000 48,547,000 109,723,000 ' 92,955,000 (61,967,000) (44,408,000) $400 111,000 Eating &.Drinking Places $47,749,000 Home Furnishing & Appliances $1,555,000 1,581,000 30,715,000. (29,134,000) ` $350 83,200 Building Materials& Farm_ Imp. $5,782,000 5,879,000. 47,587,000 (41,708,000) $350 $300 119,200 219.200 Other Retail Stores $31,607,000 32,135.000 97,891.000 (65,756,000) Retail Stores Total $183,339,323 $186,403,000 $524,444,000 ($338,041,000) 977,500 Source: California State Board of Equalization; Bureau of Labor Statistics -CPI -U LA -OC Region; and Claritas. 1 Based on projections and estimates from Claritas: 2 Sales in'2010 assume 2008 sales adjusted by the change in the CPI -U for the Region during this period. 3 Assumes general merchandise sales are 95% taxable.. - 4 Assumes foodstore sales are 35% taxable. Prepared by: Keyser Marston Associates, Inc. Filename: Diamond Bar & Brea Canyon Tables -10-14; T7; 10/14/2010;ck/cb Page 12 of 19 ATTACHMENT 1 -TABLE 8 ESTIMATED MARKET POTENTIAL - FUTURE CONDITIONS CITY OFDIAMONDBAR DIAMOND BAR & BREA CANYON MARKET ANALYSIS DIAMOND BAR, CALIFORNIA Population in City of Diamond Bar 60,449 Per Capita Income' $34,500 Gross City of Diamond Bar Income $2,085,509,000 Diamond Bar Sales Diamond Bar Potential Surplus/ Typical Additional 2015 z 2015 (Leakage Productivity Development Establishment Type Apparel Stores $823,421 3 $42,430,000 113,931,000 ($41,606,579) (64,216,000) $300 $350 138,700 183,500 General Merchandise Stores 49,715,000 Food Stores 4 47,756,000 117,855,000 (70,099,000) $400 175,200 Eating & Drinking Places - 48,547,000 99,844,000 32,991,000 (51,297,000) (31,410,000) $400 $350 128,200 89,700 Home Furnishing &Appliances 1,581,000 51,114,000 (45,235,000) $350 129,200 Building Materials &Farm Imp. .5,879,000 32.135.000 105,146.000 (73.011,000) $300 243.400 Other Retail Stores Retail Stores Total $186,436,421 $563,311,000 .($376,874,579) 1,087,900 Source: California State Board of Equalization; Bureau of Labor Statistic s -CPI -U LA -OC Region; and Claritas. 1 Based. on projections and estimates from Claritas. 2 Sales in,2015 as annual rate of change between 2008 and 2010 for the Region and no new development. 3 Assumes general merchandise sales are 95% taxable. 4 Assumes food store sales are 35% taxable. Prepared by: Keyser Marston Associates, Inc. Filename: Diamond Bar & Brea Canyon Tables - 10-14; T8; 10!14/2010; ck/cb Page 13 of 19 9 Market Area Sales Market Area Sales Potential Surplus/ Typical Additional _ Establishment Type f2010 z 2007 (Leakage) Productivity Development Apparel Stores $296,530,000 $301,486,000 $203,030,000 $98,456,000 $300 0 0 General Merchandise Stores' 718,491,579 730,499,000 545,160,000 563,936,000 185,339,000 (222,849,000) $350 $400 557,100 Food Stores a 335,480,000 . 341,087,000 Eating'& Drinking Places 8442,454,000 55,000 ` (35,301,000) $350 100,900 Home Furnishing & Appliances 184,810,0.00 187,899,000 157;863,000 30,036,000 $350 $350 0 0 Building Materials &Farm Imp. 243,376,000 247,443,000 244,580,000 503.125,000 2,863,000 270,796.000 $300 0 Other Retail Stores 761,200.000 773;921.000 Retail StoresTotal" $2,975,068,579 $3,024,789,000 $2,695,449,000 $329,340,000 658,000 • li StateEqualization; Bureau of Labor Statistics -CPI -U LA -OC Region; and Cladtas.. Source:California ornia ed s tfrom Claritas. Includes: Diamond Bar, Walnut, Industry, Chino Hills, Brea, Rowland Heights & Hacienda Heights. 2 `Sales in 2010 assume 2008 sales adjusted by the change in the CPI -U forthe Region during this period: 3 Assumes,,general merchandise sales are 95% taxable. 4 Assumes food store sales are 35% taxable. Prepared by: Keyser Marston Associates; Inc. Filename: Diamond Bar & Brea Canyon Tables - 10-14; T9; 10/14/2010; ck/cb Page 14 of 19 ATTACHMENT 1 -TABLE 10 , ESTIMATED MARKET POTENTIAL - FUTURE CONDITIONS REGIONAL MARKET AREA DIAMOND BAR & BREA CANYON MARKET. ANALYSIS DIAMOND BAR, CALIFORNIA Population in Regional Market Area 331,361 Per Capita income' $32,900 Gross Regional Market Area Income $10,901,777,000 Market Area Market Area Sales Potential Surplus/ Typical Additional 2015 g 2012 Establishment Type �� Leaka a Productivity Development Apparel Stores` $314240,000 $221,800,000 Stores 595,561,000 $92,440,000 165,842,000 $300 $350 0 0 General 761,,403,000 ° 355,517,000 616,073,000 (260,556,000) $400 651,400 Food Stores Eating &, Drinking Places 461,172,000 521,924,000 (60,752,000) $400 $350 151,900 0 Home Furnishin& Appliances 195,848,000 172,458,000 g 267,192,000 23,390,000 (9,281,000) $350 26,500 Building: Materials &Farm Imp. 257,911,000 `Retail 806.662.000 849,640.000 257.022.000 $300 Other' Stores Retail Stores Total $3,152,753,000 $2,944,648,000 $208,105,000 829,800 # Source: California State Board of Equalization; Bureau of Labor Statistics -CPI -U LA -OC Region; and Claritas. Chino Hills, Brea, Rowland Heights & Hacienda Heights. 1 Based on projections and estimates from Claritas: Includes: Diamond Bar, Walnut, Industry, 2 Sales in 2010 assume 2008 sales adjusted by the change in the CPI -U for the Region during this period. 3 Assumes general merchandise'sales are 95% taxable. 4 Assumes food store sales are 35% taxable. Prepared by; Keyser Marston Associates; Inc. 15 of 19 Diamond Bar & Brea Canyon Tables -10-14; T10; 10/1412010 ck/cb ` Filename: ATTACHMENT 1 -TABLE 11 - ` SUMMARY OF. CURRENTRETAIL LISTINGS DIAMOND BAR & BREA`CANYON MARKET ANALYSIS DIAMOND BAR, CALIFORNIA Rental Rate (Price per Available SF per No. Description Address City Year Built - Bldg Size Space month) ' Type NNN 1 Retail Center 23525-23555 Palomino Dr. Diamond Bar N/A 20,528 1,190 $ $ 1.50 2.50 NNN 2 Restaurant 23477 Golden Springs Dr. Diamond Bar N/A 102,868 988 $ 1.65. NNN Neighborhood Center g Springs Dr. 23477 Golden S ri Diamond Bar N/A 102,868 6,345 $ 1.75 NNN Neighborhood Center 23477 Golden Springs Dr. Diamond. Bar N/A 102,868 3,690 $ 1.85 NNN Neighborhood Center 23477 Golden Springs Dr. Diamond Bar N/A 102,868 573 $ 1.95 NNN Neighborhood Center 23477 Golden Springs Dr. Diamond Bar N/A 102,868 2,550 $ 1.75 NNN 3 Street Retail 1155 S. Diamond Bar Blvd. Diamond Bar N/A 57,000 3,019 $ 1.95 NNN 4, Street Retail 2020 S. Brea Canyon Rd. Diamond Bar 1980 10,000 4,600 $ 2.25 NNN 5 `Restaurant - 2779 Diamond Bar Blvd. Diamond Bar N/A 155,000 2,999 $ 1.00 NNN 6 Street Retail 900-990 N. Diamond Bar Blvd. Diamond Bar N/A 60,439 5,095 $ 1.80 NNN 7 - Retail Center 315 S. Diamond Bar Blvd. . Diamond Bar N/A 3,056 3,056 $ 1.75 NNN 8 Street Retail 23347-23391 Golden Springs Dr. Diamond Bar NIA 30,281 3,006 EXISTING RETAIL (RENT RANGE) $1.00 - $2.50 EXISTING RETAIL (AVERAGE) $1.73 Source: Loopnet, 10/11/10 Prepared by: Keyser Marston Associates, Inc. Filename: Diamond Bar & Brea Canyon Tables-10-14;T11;10/141201 0;kee Page 16 of 19 ATTACHMENT 1 - TABLE 12 BUILDING SALE COMPARABLES -RETAIL DIAMOND BAR & BREA CANYON MARKET ANALYSIS DIAMOND BAR, CALIFORNIA Price per No Property Description Sale Date Yr Built Bldg SF Bldg SF Price 1 Retail Restaurant Building 1/16/2009 1989 - 8,483 $136 $1,150,000 245 Gentle Springs Lane Diamond Bar, 91765 2 Retail Bank Building 9/25/2009 1988 4,582 $441 $2,020,000 1175 Grand Avenue Diamond Bar, 91765 $136-$441 Sales Price Range Weighted Average Sales Price Per Sf of Building Area $243 prices were excluded. Source: CoStar 10/7/2010 Prepared by;.Keyser Marston Associates, Inc. Filename:Diamond Bar & Brea Canyon Tables-10-14;T12;10/14/2010;tb Pae 17 of 19 9 ATTACHMENT I - TABLE 13 OFFICE LEASE RATE COMPARABLES DIAMOND BAR & BREA CANYON MARKET ANALYSIS DIAMOND BAR, CALIFORNIA Year Building Location & Cities Property Type Built Asking Rate Rent Type Size SF Available Vacancy 1300 Valley Vista Dr. Class B Office 1990 $4.17 N/A 17,000 120 1 % Diamond Bar, CA 91765 23341 Golden Springs Dr. Class A Office NIA $1.84 N/A 11,000 435 14% Diamond Bar, CA 91765 $1.80 1,092 556 N. Diamond Bar Blvd. Class A Office 1988 $1.75 MG 46,000 5,500 25% Diamond Bar, CA 91765 $1.75 FS 6,200 2707 S. Diamond Bar Blvd. Class*B Office N/A $1.65 MG 10,479 2,736 26% Diamond Bar, CA 91765 628 N. Diamond Bar Blvd. Class B Office 1982 $1.45 FS 3,888 2,137 55% Diamond Bar, CA 91765 618 N. Diamond Bar Blvd. Class B Office 1982 $1.60 MG 2,856 2,856 100% Diamond Bar, CA 91765 21700 E. Copley Dr. Class A Office 1991 $2.00 FS 77,388 5,399 7% Diamond Bar, CA 91765 .2781 S. Diamond Bar Blvd. R&D N/A $2.00 NNN 2,400 2,400 100% Diamond Bar, CA 91765 22632 Golden Springs Dr. Class A Office 1980 $2.17 FS 54,292 16,052 30% Diamond Bar, CA 91765 2040 Brea Canyon Rd. Office/Medical Office 2006 $1.95 MG 26,316 15,786 60% Diamond Bar, CA 91765 732 N. Diamond Bar Blvd. Class B Office 1982 $1.35 MG 19,66.7 2,649 13% Diamond Bar, CA 91765 1440 S. Bridge Gate Dr. Class A Office 2002 $2.30 FS 134,8.58 2,251 30% Diamond Bar, CA 91765 $2.00 FS 38,227 21660 E. Copley Dr. Class B Office 1988 $2.10 FS 50,131 10,720 21% Diamond Bar, CA 91765 1520 S. Bridge Gate Dr. Office 1999 $2.30 FS 42,788 22,500 53% Diamond Bar, CA 91765, 21700 E. Copley Dr. Class A Office 1991 $2.20 FS 1 77,388 8,510 11% Diamond Bar, CA 91765 1470 Valley Vista Dr. Office N/A $2.50 NNN 46,983 3,115 12% Diamond Bar, CA 91765 $2.00 NNN 2,398 1400 Monefino Ave. Office N/A $1.50 FS 54,538 7,772 36% Diamond Bar, CA 91765 $1.75 FS 11,750 1370 S. Valley Vista Dr. Office 1988 $2.20 FS 85,4901 8,105 9% Diamond Bar, CA 91765 Total 179,000 SF Lease, Rate Range $1.35 -$4.17 per square foot of building per month Weighted Average Lease Rate $2.00 per square foot of building per month Source: LoopNet.com 10/11/2010 Prepared by: Keyser Marston, Associates, Inc. FilenameDiamond Bar & Brea Canyon Tables - 10-14;Tl3;10/14/2010;kee Page . 18 Of 19 ATTACHMENT 1 - TABLE 14 BUILDING SALE COMPARABLES - OFFICE DIAMOND BAR & BREA CANYON MARKET ANALYSIS DIAMOND BAR, CALIFORNIA Building Class Sale Date Yr Built Bldg SF Price per Bldg SF Price No. Property Address 1 ; 1540S. Bridge Gate Drive B 11/10/2008 1987 51,840 $239 $12,389,760 2 ' 21810 Copley Drive B 8/27/2010 1999 55,095 $180 $9,900,000 3 1320 Valley Vista Drive -Bldg 3 B 6/9/2010 1990 10,505 $181 $1,900,000 4 1330 Valley`Vista Drive -Bldg 4 B 7/23/2010 1990 8,700 $198 $1,723,000 Sales Price Range $180-$239 Weighted Average Sales Price Per Sf of Building Area $205 ' Renovated' in 2007 the City of Diamond Bar from 90/2008 to 90/2090. Non -arms length transactions, multi -property sales and sales transactions without sales Note: Data search includes prices were excluded.. Source: CoStar 10/7/10 Prepared by; Keyser Marston Associates, Inc. Filename- Diamond Bar & Brea Canyon Tables-10-14;T14;10/14/2010:kee Page 19 of 19