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01/18/2011
r City of Diamond Bar CityAgendaCouncil Tuesday, January 18, 2011 6:00 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 Steve Tye Ling-Ling Chang Mayor Mayor Pro Tem Ron Everett Carol Herrera Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano City Attorney Michael Jenkins 0 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 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in j 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 iPlease refrain from smoking,eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. I :T M. y 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 on Time-Warner Cable Channel 3 and Verizon FiOS television Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time-Warner Cable Channel 3, FiOS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us 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.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA January 18, 2011 Next Resolution No. 2011-01 Next Ordinance No. 01 (2011) CLOSED SESSION: 6:00 p.m., Room CC-8 Public Comments on Closed Session Agenda 00. Government Code Section 21865 Copley Drive, Diamond Bar Agency Negotiator: City Manager Negotiating Party: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Under Negotiation: Price and Terms of Payment CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Ahmad H. Sakr, PhD Islamic Education Center ROLL CALL: Council Members Everett, Herrera, Tanaka, Mayor Pro'Tem Chang, Mayor Tye APPROVAL OF AGENDA: Mayor Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. January 18, 2011 PAGE 2 1 SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Retiring Planning Commissioner Kathleen Nolan. BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to Sushi Koyo, 868 North Diamond Bar Boulevard, Business of the Month for January, 2011. 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 CitV Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting - January 25, 2011 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.2 Parks and Recreation Commission Meeting — January 27, 2011 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 City Council Meeting — February 1, 2011 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of December 21, 2010 —Approve as submitted. (b) Regular Meeting of December 21, 2010 —Approve as submitted. January 18, 2011 PAGE 3 6.2 Ratification of Check Register — Dated December 16, 2010 through January 12, 2011 totaling $1,797,229.46. Requested by: Finance Department 6.3 Treasurer's Statement— Month of November 2010. Recommended Action: Approve. Requested by: Finance Department 6.4 Adopt Resolution No. 2011-XX: Establishing an Approved Vendor List as Defined in Ordinance No. 05(2006) to be in Effect from February 1, 2011 Until January 31, 2012. Recommended Action: Adopt. Requested by: Finance Department 6.5 Authorize City Manager to Continue Consulting Services with Intellibridge Partners to Provide Interim Director of Finance Services Through June 30, 2011 Not to Exceed a Total Cost of$70,000. Recommended Action: Authorize. Requested by: City Manager 6.6 (a) Approve Appropriation of $50,000 of Unallocated Community Development Block Grant (CDBG) Funds to the City's Home Improvement Program. Recommended Action: Approve. (b) Authorize the City Manager to Approve Amendment No. 3 to the Three Year Professional Services Agreement with SJC 3 Consultants in the Amount of $8,200 for a Not-to-Exceed Amount of $60,700 to Administer the City's Home Improvement Program (HIP). Recommended Action: Approve. Requested by: City Manager January 18, 2011 PAGE 4 6.7 Approve Plans and Specifications and Award Construction Contract for the 2010-11 Community Development Block Grant (CDBG) Curb Ramp Installation Project to CJ Construction, Inc. in the Amount of $62,000 and Authorize a Contingency Amount of $15,000 for Project Change Orders to be Approved by the City Manager for a Total Authorization Amount of$77,000. Recommended Action: Approve, Award and Authorize. Requested by: Public Works Department 6.8 Adopt Resolution No. 2011-XX: Extending for Three Years the 2004 Citywide Speed Zone Survey Relative to Streets Found to have No Significant Roadway or Traffic Changed Conditions and Adopting the 2010 Speed Zone Survey for Streets Specified Therein; and, Approve for First Reading by Title Only, Ordinance No. 0X(2011) Amending Section 10.12.310 of Title 10, Chapter 10.12 of the Diamond Bar Diamond Bar Municipal Code Relating to Prima Facie Speed Limits for Certain City Street. Recommended Action: Adopt Resolution; and Approve for First Reading by Title Only, waive full reading of Ordinance No. OX (2011). Requested by: Public Works Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 First Reading of Ordinance No. 0X(2011) Modifying Regulations Pertaining to Dangerous Animals, Animal Licensing Procedures, Abatement of Barking Dogs and Other Noisy Animal Nuisances and Amending the Diamond Bar Municipal Code. Recommended Action: Approve for First Reading by Title Only, Waive Full Reading and Set the Second Reading for February, 2011. Requested by: City Manager 9. COUNCIL SUB-COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6 . 1 (a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION DECEMBER 21, 2010 P A"T DR STUDY SESSION: M/Tye called the Study Session to order at 5:47 p.m. in the Muliti-purpose room of the new City Hall building located at 21810 Copley Dr. Present: Council Members Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tern Ling-Ling Chang and Mayor Steve Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Ken Desforges, IS Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Raymond Tau, Building Official; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. Also Present: Timothy McLarney, President, True North Research, and Margaret Todd, LA County Library. 00. REPORT FROM CITY CONSULTANT REGARDING FUNDING MEASURE FOR FUTURE PARKS AND RECREATION CAPITAL IMPROVEMENTS — Discussion and Action Tim McLarney, President, True North Research, reported on the results of the survey that had been done. He stated that there are two possible funding measures for future Parks and Recreation Capital Improvements: 1) A Parcel Tax (a special tax requiring a two-thirds majority vote under California law) and, 2) a Benefit Assessment (voted on by all residents including commercial tenants and residential renters requiring a "weighted" majority). He stated that the first phase of the phone survey was conducted earlier in the year and was designed to test support for a potential parcel tax or benefit assessment among the likely November 2010 voters and residential property owners with a margin of error of about five percent. The test included a $38 per parcel tax/assessment with a support level among the two groups of about 48 percent which is about two percent lower than would be required for passage of a benefit assessment and about 20 percent below what would be needed for a parcel tax. Based on the survey D.B. residents clearly value Parks and Recreation and therefore provides a possibility for a future Benefit Assessment. The survey also indicated that voters are price-sensitive with respect to the measure. However,, when the rate proposed dropped support increased indicating an increased possibility of a Benefits Assessment at a lower rate. Following the phone survey, a mail survey was conducted among residential as well as commercial and property owners. 10,000 surveys were mailed with about 2200 being returned with a response rate of 23 percent which is very similar to the anticipated response for a mail out ballot. M/Tye asked 'if an assessment by mail vote must pass by 50 percent plus one of registered voters who return the ballot. December 21, 2010 Page 2 STUDY SESSION Responding to M/Tye, Mr. McLarney stated that if a mail out ballot system is used, the passage would require a "Yes" on 51 percent of the ballots returned. Mr. McLarney continued explaining that the bottom line of the survey tells him that "No" voters are much more likely to cast a return ballot. In conclusion, it is not likely that voters would approve a parcel tax. On a positive note, residents clearly value Parks and Recreation. There was strong support for the types of improvements being considered in the Parks Master Plan, and the measure clearly resonated in a positive way. However, there are a number of challenges such as the obvious challenges of a tough economy and political climate for tax measures. Some residents felt that the City was doing a great job with Parks and Recreation and did not see the need for expansion of the current levels. Although the survey revealed positive support, he did not feel confident that it would get the City to a level that would prove successful. It is very important to keep "timing" in mind as the City moves forward. In this period of political and economic turmoil these types of measures are more difficult to pass. However, as things improve, reception to a potential revenue measure to residents by way of a Benefit Assessment would be preferred. He further suggested that it might be helpful to keep communicating the City's vision of the Parks Master Plan through these times to help residents buy into the plan. Once they understand the plan they may be more receptive to possible funding measures. STATUS REPORT ON NEW CITY HALL AND PROPOSED LIBRARY — Discussion and Possible Action. ACM/Doyle updated the City Council on what staff has been working on for the proposed library space for several months and that for the most part the conceptual design is pretty well set. He stated that there will be some changes to the Friends of the Library Bookstore as well as, reworking of some of the staff work area. Supervisor Knabe has fundamentally agreed to fund the design costs. Discussion on January 11th is to provide the City with funding monies up front for design costs of about $333,000. This allows the City to be reimbursed for the current expended costs as well as, paying bills going forward without having to worry about reimbursement from the County. The operating agreement negotiations have begun and should move fairly quickly. The City has a skeleton agreement — a MOU between the City and the Library, with the meat of the agreement taking place in January. Staff hopes that when the library design is concluded the operating agreement will also be concluded so that the City can go to the Supervisor with the design and the operating agreement showing him what he will be buying for the $5 million construction costs should he agree to proceed with the construction. The Supervisor wants assurance that he will not increase his operating costs on an ongoing basis other than is currently budgeted. M/Tye asked how the library would staff a building that is twice the size of the current facility with the same budget. December 21, 2010 Page 3 STUDY SESSION Margaret Todd responded that the discussion is if the City can take over the utilities and maintenance of the building, the library believes it will have sufficient funding to add more personnel. At this time, the City is at about ninety-nine percent in terms of local revenue providing for the operating expenses and the library does not anticipate that will increase. There may be a time when there is a surplus and the City may decide it wants to use that surplus on maintenance of the library and that is acceptable. M/Tye asked if the library used volunteers outside of the Friends bookstore. Ms. Todd responded affirmatively. ACM/Doyle stated that negotiations were ongoing with the Friends. CM/DeStefano and ACM/Doyle took the City Council through a tour of the proposed city hall facility. Public Comments: None Offered. ADJOURNMENT: With no further business to discuss, M/Tye adjourned the Study Session at 6:25 p.m. Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this day of 72011. Steve Tye, Mayor Agenda No. 6 . 1 (b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 21, 2010 CLOSED SESSION: 5:00 p.m. — Multipurpose Room, 21810 Copley Drive, Diamond Bar, CA 91765 Public Comments on Closed Session Agenda — None ® Government Code Section 54956.8 Property Address: 21865 Copley Drive, Diamond Bar Agency Negotiator: City Manager Negotiating Party: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Under Negotiation: Price and Terms of Payment STUDY SESSION: 5:46 p.m. — Multipurpose Room, 21810 Copley Drive, Diamond Bar, CA 91765 ® Report from City Consultants regarding Funding Measure for future Parks and Recreation Capital Improvements — Discussion and Action. 10� Status Report on New City Hall and Proposed Library — Discussion and Possible Action. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:33 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that during tonight's Closed Session there were no public comments and no reportable action was taken. The Closed Session was adjourned at 5:45 to the Study Session. CM/DeStefano reported that tonight's Study Session included a report from the City's Consultant regarding a possible funding measure for future Park and Recreation Capital Improvements. Council also received a quick overview of the status of the Library project and a tour of the second floor of the new City Hall. No reportable actions were taken on either item. PLEDGE OF ALLEGIANCE: County Library Manager, Jesse Lanz led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, PhD., Islamic Education Center gave the invocation. DECEMBER 21, 2010 PAGE 2 CITY COUNCIL ROLL CALL: Council Members Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tern Ling Ling Chang and Mayor Steve Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Raymond Tao, Building Official; Lauren Hidalgo, Public Information Specialist; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano announced that tonight's meeting will be Finance Director Linda Magnuson's last Council meeting. He stated that Linda has been with D.B. for 21 years and has earned her retirement. Staff held a send off for her today and all wish her the very best for providing the City of Diamond Bar the best of her life these past 21 years. Staff wishes Linda the very best with her future endeavors as she moves away from D.B. and into a happy and healthy retirement. 3. PUBLIC COMMENTS: Jesse Lanz, Diamond Bar Library Manager, spoke about past and future library events. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Christmas Holiday — December 23 and 24, 2010 — City Offices closed in observance of the Christmas Holiday; City Offices will reopen Monday December 27, 2010 at 7:30 a.m. 5.2 Holiday Tree Curbside Collection Program — December 26, 2010 through January 15, 2011. Trees free of decorations and flocking may be left at the curb for free pickup during this period. Any tree in excess of six feet must be cut in half. 5.3 New Year's Holiday — December 31, 21010 — City Offices will be closed Friday, December 31, 2010 in observance of the New Year's Holiday. City offices will reopen Monday, January 3, 2011 at 7:30 a.m. DECEMBER 21, 2010 PAGE 3 CITY COUNCIL 6. CONSENT CALENDAR: C/Herrera moved, C/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1. CITY COUNCIL MINUTES - Regular Meeting of December 7, 2010 — Approved as corrected. 6.2 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of September 9, 2010 — Received and Filed. 6.3 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of October 12, 2010 — Received and filed. 6.2.2 Regular Meeting of October 26, 2010 — Received and filed. 6.4 RATIFIED CHECK REGISTER DATED December 2, 2010 THROUGH December 15, 2010, TOTALING $593,532.88. 6.5 SECOND READING OF ORDINANCE NO. 06 (2010): AN ORDINANCE AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "CALIFORNIA BUILDING CODE," 2010 EDITION, VOLUMES 1 AND 2, INCLUDING APPENDICES C, 1, AND J THERETO, CHAPTER 1 DIVISION 11 OF THE 2010 CALIFORNIA BUILDING CODE AS THE ADMINISTRATIVE CODE, THE "CALIFORNIA MECHANICAL CODE," 2010 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA PLUMBING CODE," 2010 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA ELECTRICAL CODE," 2010 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA RESIDENTIAL CODE," 2010 EDITION, INCLUDING APPENDICES G, H, J, K AND 0 THERETO, THE "CALIFORNIA GREEN BUILDING CODE," 2010 EDITION WITHOUT THE APPENDICES THERETO, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES. 6.6 APPROVED ADJOURNING THE DECEMBER 21, 2010 CITY COUNCIL MEETING TO JANUARY 18, 2011. 8. COUNCIL CONSIDERATION: 8.1 APPROVAL OF AMENDMENT NO. 3 TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT AND THE CITY OF DIAMOND BAR RELATED TO THE SITE D SPECIFIC PLAN. DECEMBER 21, 2010 PAGE 4 CITY COUNCIL CDD/Gubman reported on the background of the Memorandum of Understanding (MOU) and its current state thus requiring the amendment. Proposed Amendment No. 3 changes the MOU to reflect the direction given by the City Council at its December 7, 2010 meeting to eliminate the commercial component and incorporate a public park and other open space elements into the Site D planning framework. In addition, minor refinements have been made to the language to clarify how the property would ultimately be disposed. Staff believes that these changes are in the best interest of the City and recommends that the Council approve the amendment as presented. There was no one present who wished to speak on this item. C/Herrera moved, C/Tanaka seconded, to approve Amendment No. 3 to the Memorandum of Understanding (MOU) between the Walnut Valley Unified School District and the City of Diamond Bar related to the Site D Specific Plan. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, M/Tye NOES: COUNCIL MEMBERS: MPT/Chang ABSENT: COUNCIL MEMBERS: None 8.2 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL IMPACT SERVICES (EIS) IN THE AMOUNT OF $76,835 TO UPDATE THE ENVIRONMENTAL IMPACT REPORT FOR THE SITE D SPECIFIC PLAN. CDD/Gubman stated that as a follow up to Council's direction and reflected in the MOU amendment, staff met with the EIR Consultant, Peter Lewendowski with Environmental Impact Sciences, to discuss the scope of work needed to update the Environmental Impact Report reflecting potential impacts to the revised land use framework. The attachment to staff's report includes the proposed scope of work and reflected budget for the amount estimated to update the Environment Impact Report of $69,850 plus a 10 percent contingency to account for unforeseen costs that may occur, for a total amount of $76,835. These monies would be appropriated from General Plan reserves and reimbursed to the City upon sale of the Site D property as set forth in the Memorandum of Understanding. Staff recommends City Council approve the Consulting Services Agreement with Environmental Impact Sciences as outlined. He pointed out that the environmental consultant was previously a subcontractor with the City's planning consultant who prepared the Specific Plan. At this point, staff intends to complete the Specific Plan revisions in-house to reduce costs and take into account that the project has become substantially less complex with the elimination of the commercial element. DECEMBER 21, 2010 PAGE 5 CITY COUNCIL There was no one present who wished to comment on this item. C/Herrera moved, C/Tanaka seconded, to approve Professional Services Agreement with Environmental Impact Services (EIS) in the amount of $76,835 to update the Environmental Impact Report (EIR) for the Site D Specific Plan. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, M/Tye NOES: COUNCIL MEMBERS: MPT/Chang ABSENT: COUNCIL MEMBERS: None 8.3 RATIFY CITY COUNCIL COMMITTEE APPOINTMENTS AND ADOPT RESOLUTION NO. 2010-42: CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. C/Herrera moved, VC/Chang seconded, to ratify City Council Committee Appointments and adopt Resolution No. 2010-42: Confirming the appointment of specific representatives to the San Gabriel Valley Council of Governments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ORGANIZATION DELEGATE ALTERNATE California Contract Cities Association Tye Chang Foothill Transit Board Herrera Tanaka Four-Corners Transportation Policy Group Herrera Greater L.A. County Vector Control District Tye Joint Powers Insurance Authority Tye Tanaka L.A. County Sanitation District No. 21 Tye Tanaka L.A. County City Selection Committee Tye Chang League of CA Cities—L.A. County Division Chang Tanaka San Gabriel Valley Council of Governments Herrera Tye Southern California Assn of Governments (SCAG) Chang Everett Tres Hermanos Conservation Authority Herrera Everett Wildlife Corridor Conservation Authority (WCCA) Tanaka Everett Wildlife Corridor Conservation Authority Advisory Davis Mahlke STANDING COMMITTEES Economic Development Chang Everett Neighborhood Improvement Everett Chang Public Safety Committee Tye Chang DECEMBER 21, 2010 PAGE 6 CITY COUNCIL AD HOC COMMITTEES City Council Goals/City Manager Evaluation Tye Chang Industry East Development Advisory Committee Chang Herrera Legislative Chang Everett Lighting/Landscape Assess Dist subcommittee Everett Chang Sphere of Influence/Annexation Tanaka Herrera LIAISON Chamber of Commerce Everett Chang Diamond Bar Community Foundation Chang Tanaka Library Tanaka Herrera PUSDICity Everett Herrera Senior Citizen Tanaka Everett WVUSD/City Tye Tanaka 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 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 ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSOR PARCEL NUMBERS 87814-002-900, 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). CDD/Gubman stated that as previously discussed this evening and in accordance with the City Council's direction, staff is working with the EIR consultant to update the environmental analysis to reflect the revised land use framework and staff has begun outlining the necessary revisions to the Specific Plan document. Staff anticipates that the updated planning and environmental documents will be ready for City Council's consideration between March and April of 2011. Staff recommends that the City Council reopen the public hearing, receive testimony and consider continuation of this matter to a date uncertain. Once staff is prepared to bring the matter back to the Council for a final decision, staff will prepare and complete a new notification. C/Herrera asked if it was not the City Attorney's opinion that the publich hearing should be closed and then re-noticed once all the information has been gathered and brought back to the City Council. CA/Jenkins agreed with C/Herrera. DECEMBER 21, 2010 PAGE 7 CITY COUNCIL M/Tye opened the Public Hearing. With no one present who wished to speak on this matter, M/Tye closed the Public Hearing. M/Tye asked that the notification sign be removed from Site D and again set up at the appropriate notification time. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka reported that he attended the PUSD meeting; joined the D.B. Volunteer Patrol for a reception/dinner and Christmas show at the Candlelight Pavilion. On December 11 and 18 the D.B. Leo Club helped the Diamond Bar Children's Librarian, Julie McCaslin with the Gingerbread House construction and Christmas Crafts; he attended Linda Magnuson's retirement luncheon and thanked her for her service. He also attended the D.B. Senior's Luncheon; and the Senior Citizen's dinner dance. He requested that tonight's meeting be adjourned in memory of his brother-in-law Bob Hulse whose wife Terry is a Special Ed teacher at South Point Middle School. He and his wife Wanda wished everyone a Merry Christmas and Happy New Year. C/Everett reported on his activities during the past two weeks including the seasonal and year end festivities such as the annual State of the County Luncheon, reception for the D.B. Volunteers, retirement luncheon for Linda Magnuson, the WVUSD Special Board Meeting during which Dr. Dean Conklin III was announced as its new Superintendent. He and his wife wished everyone a Merry Christmas and prosperous New Year. C/Herrera attended many of the meetings mentioned. She thanked Linda Magnuson and was sorry she missed her retirement lunch. D.B. will greatly miss Linda and C/Herrera wished her well in her future endeavors and a wonderful time with her grandbabies. She wished everyone Happy Holidays and hoped they would stay safe, and have a great New Year. She said she was sorry to report the passing of a 44 year resident of D.B., Frank Sattulo who passed away on Sunday morning. She offered her condolences to Frank's daughters and to his wife, Mary Ann. C/Herrera asked that tonight's meeting also be adjourned in honor of Frank Sattulo. MPT/Chang reiterated that residents can follow her on Twitter and Facebook. In addition to the events mentioned by her colleagues, she attended the San Gabriel Valley Energy-Wise Partnership luncheon. She and CM/DeStefano traveled to Vista to meet with Congressman Issa's District Director, Phil Polly to discuss the City's zip code issue. She attended the P. Michael Freeman Command and Control Facility dedication where Supervisors Antonovich and Knabe presented the facility's new signage. . Chief Freeman has been the fire chief for 21 years and served LA County for 47 years. She attended the Board of Equalization's Fourth District Jerome Horton's celebration. She wished everyone DECEMBER 21, 2010 PAGE 8 CITY COUNCIL a Merry Christmas and Happy New Year and said she looked forward to a great 2011. M/Tye congratulated Dr. Conklin for coming home and getting ready to lead the WVUSD into building on the Districts' past successes. Congratulations to Linda Magnuson who is too young to retire. He appreciates everyone's service to the City of D.B. and wished everyone a Very Merry Christmas and a Happy New Year. He asked everyone to keep Terry Hulse and Mary Ann Sattulo in their thoughts and prayers in what should be a joyous time but will be a very difficult time for them. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council meeting at 7:15 p.m. in memory of Bob Hulse and Frank Saftulo. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 12011. STEVE TYE, MAYOR Agenda # 6 2 Meeting Date:January 18, 2011 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma*-"—P TITLE: Ratification of Check Register dated December 16, 2010 through January 12, 2011 totaling $ 1,797,229.46. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of$1,797,229.46 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 December 16, 2010 through : January 12, 2011 for $ 1,797,229.46 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: David Doyle Assistant City Manager REVIEW BY: Ass ant City anager Attachments: Affidavit and Check Register— 12/16/10 through 1/12/11. 1 CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated December 16, 2010 through January 12, 2011 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,271,038.69 Prop A-Transit Fund 227,532.99 Prop C-Transit Tax Fund 120,315.08 Integrated Waste Mgt Fund 20,625.63 Traffic Improvement Fund 1,933.08 Com Dev Block Grant Fund 18,246.28 COPS Fund (Public Safety) 4,600.00 LLAD 38 Fund 29,726.68 LLAD 39 Fund 27,258.95 LLAD 39 Fund 9,406.73 Capital Imp Projects Fund 62,087.72 EQ Replacement Fund 4,457.63 $1,797,229.46 Signed: David Doyle i Assistant City Manager I ............._....._.__. City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/22/2010 10-PP 26 PAYROLLTRANSFER P/R TRANSFER-10/PP 26 001 10200 157,902.78 $173,220.73 12/22/2010 PAYROLLTRANSFER P/R TRANSFER-10/PP 26 112 10200 4,688.87 12/22/2010 PAYROLLTRANSFER P/R TRANSFER-10/PP 26 113 10200 4,919.70 12/22/2010 PAYROLLTRANSFER P/R TRANSFER-101PP 26 115 10200 4,418.03 12/22/2010 PAYROLLTRANSFER P/R TRANSFER-10/PP 26 125 10200 1,291.35 1/6/2011 11-PP 01 PAYROLLTRANSFER P/R TRANSFER-11/PP 01 001 10200 189,367.51 $212,469.09 1/6!2011 PAYROLLTRANSFER PIR TRANSFER-11/PP 01 112 10200 10,284.50 1/6/2011 PAYROLLTRANSFER P/R TRANSFER-11/PP 01 113 10200 6,187.83 1/6/2011 PAYROLLTRANSFER P/R TRANSFER-11/PP 01 115 10200 5,795.82 1/6/2011 PAYROLLTRANSFER P/R TRANSFER-1 1/PP 01 125 10200 833.43 12/16/2010 1 92466 APRIL I BATSON REIMS-SUPPLIES 1 0015350 1 41200 1 28.60 $28.60 12/16/2010 1 92467 JASON BAYNOSA FACILITY REFUND-HERITAGE 1 001 1 23002 1 200.001 $200.00 12/16/2010 1 92468 RUBICELIA BECERRA IFACILITY REFUND-DBC 1 001 1 23002 500.00 $500.00 12/16/2010 1 92469 BENESYST IFLEX ADMIN SVCS-4TH QTR 1 0014060 1 42346 1 112.32 $112.32 12/16/2010 1 92470 BEST QUALITY PAINTING INC RETENTIONS PAYABLE 125 20300 -469.50 $4,225.50 12/16/2010 BEST QUALITY PAINTING INC HIP PROG-22502 CELLO DR 1255215 1 44000 4,695.00 12/16/2010 1 92471 JOHN E BISHOP ICONTRACT CLASS-FALL 0015350 1 45320 1 627.00 $627.00 12116/2010 1 92472 BONTERRA CONSULTING INC. REFUND-FPL 02-65 001 1 23010 1 850.00 $850.00 12/16/2010 1 92473 CENTER ICE SKATING ARENA CONTRACT CLASS-FALL 0015350 1 45320 1 72.00 $72.00 12/16/2010 1 92474 CONSTRUCTION HARDWARE ISUPPLIES-NEW C/HALL 0014093 1 42210 1 631.061 $631.06 12/16/2010 1 92475 ICAROL DENNIS PROF.SVCS-MTGS 12/7 0014030 1 44000 1 $450.00 12/16/2010 92476 DEPARTMENT OF JUSTICE FINGERPRINTING SVCS-NOV 0014060 42345 32.00 $32.00 12/16/2010 1 92477 jDFM ASSOCIATES PUBLICATIONS-C/CLERK 1 0014030 42320 52.781 $52.78 Pagel City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/16/2010 92478 DIANA CHO&ASSOCIATES CONSULTANT SVCS-CDBG NOV 1255215 44000 1 1,940.00 $1,940.00 12/16/2010 92479 EXTERMINETICS OF SO CAL INC PEST CONTROL-DBC 0015333 45300 75.00 $460.00 12/16/2010 EXTERMINETICS OF SO CAL INC PEST CONTROL-DBC 0015333 45300 40.00 12/16/2010 EXTERMINETICS OF SO CAL INC PEST CONTROL-PETERSON 0015340 42210 50.00 12/16/2010 EXTERMINETICS OF SO CAL INC PEST CONTROL-PETERSON 0015340 42210 225.00 12/16/2010 EXTERMINETICS OF SO CAL INC PEST CONTROL-HERITAGE 0015340 42210 40.00 12/16/2010 EXTERMINETICS OF SO CAL INC PEST CONTROL-PANTERA 0015340 42210 30.00 12/16/2010 1 92480 IDELPHINE FERRAEZ FACILITY REFUND-HERITAGE 1 001 1 36615 1 727.461 $727.46 12/16/2010 1 92481 IGO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 12/10 1 001 1 23005 2,700.001 $2,700.00 12/16/2010 1 92482 JEFFREY HIROSE CONTRACT CLASS-FALL 1 0015350 1 45320 1 171.00 $171.00 12/16/2010 1 92483 FELICIA HO IRECREATION REFUND 1 001 1 34780 1 36.001 $36.00 12/16/2010 1 92484 JINLAND VALLEY DAILY BULLETIN LEGAL SVCS-FPL 2010-413 1 001 1 23010 1 363.40 $363.40 12/16/2010 1 92485 IPMA-HR IMEMBERSHP DUES-CROSS 0014060 1 42345 1 145.00 $145.00 12116/2010 92486 JENKINS&HOGIN,LLP LEGAL SVCS-NOV 2010 0014020 44020 3,567.20 $12,448.80 12/16/2010 JENKINS&HOGIN,LLP LEGAL SVCS-COM DEV 0014020 44020 7,043.40 12/16/2010 JENKINS&HOGIN,LLP LEGAL SVCS-COMM SVCS 0014020 44020 91.00 12/16/2010 JENKINS&HOGIN,LLP LEGAL SVCS-P/WORKS 0014020 44020 1,328.60 12/16/2010 JENKINS&HOGIN,LLP LEGAL SVCS-FINANCE 0014020 44020 18.20 12/16/2010 JENKINS&HOGIN,LLP LEGAL SVCS-SITE D 0014020 44020 400.40 12/16/2010 1 92487 IJOBS AVAILABLE PUBLICATIONS-H/R 0014060 1 42320 1 35.00 $35.00 12/16/2010 1 92488 KENNETH L DESFORGES REIMB-TUITION 0014060 1 42341 1 1,500.00 $1,500.00 12/16/2010 1 92489 IKIDS CAN DO GYMNASTICS ICONTRACT CLASS-FALL 0015350 1 45320 1 108.001 $108.00 12/16/2010 1 92490 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 0014010 1 42325 1 35.00 $35.00 Page 2 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/16/2010 92491 KWANG HO LEE PLNG COMM-OCT 2010 0015210 44100 1 130.00 $130.00 12/16/2010 1 92492 ISTEPHANIE LI IFACILITY REFUND-DBC 1 001 1 23002 1 603.35 $603.35 12/16/2010 1 92493 LIEBERT CASSIDY WHITMORE I LEGAL SVCS-H/R 1 0014020 1 44020 1 1,332.00 $1,332.00 12/16/2010 1 92494 JOANNE LOPEZ FACILITY REFUND-PANTERA 001 1 23002 1 100.00 $100.00 12/16/2010 92495 VIRGINIA MARIANO IRECREATION REFUND 001 134780 1 36.001 $36.00 12/16/2010 92496 IJOSEPH MAXEY REIMB-SUPPLIES V/PATROL 1 0014415 1 42325 1 93.27 $93.27 12/16/2010 1 92497 MC GENERAL CONTRACTORS INC IHIP PROG-443 GUNSMOKE 1255215 1 44000 1 1,175.00 $1,175.00 12/16/2010 1 92498 MELISSA MERCADO IFACILITY REFUND-HERITAGE 001 23002 1 200.00 $200.00 12/16/2010 1 92499 IMOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES-DBC 1 0015333 1 41200 1 8.00 $8.00 12/16/2010 [7752EOO ISHEELA NAIK IFACILITY REFUND-DBC 1 001 23002 1 500.00 $500.00 12/16/2010 92501 ISTEVE G NELSON I PLNG COMM-OCT 2010 1 0015210 1 44100 1 130.00 $130.00 12/16/2010 1 92502 NEXTEL COMMUNICATIONS FAIR CHRGS-P/VV,C/S,C/D 1 0014090 1 42125 1 574.091 $574.09 12/16/2010 1 92503 THUY NGUYEN FACILITY REFUND-PANTERA 1 001 1 23002 1 50.001 $50.00 12/16/2010 1 92504 KATHLEEN ERIN NOLAN JPLNG COMM-OCT 2010 1 0015210 1 44100 1 130.00 $130.00 12/16/2010 1 92505 INPELRA IMEMBERSHIP DUES-DOYLE 1 0014030 1 42315 1 175,001 $175.00 12/16/2010 1 92506 NPELRA MEMBERSHIP DUES-CROSS 0014060 1 42315 1 175.001 $175.00 12/16/2010 1 92507 JOLYMPIC STAFFING SERVICES TEMP SVCS-C/D 11/15 1 0014060 1 44000 1 158.88 $158.88 12/16/2010 1 92508 ISANGEETA PANAT IFACILITY REFUND-HERITAGE 001 1 23002 1 200.00 $200.00 12/16/2010 1 92509 NATOO PATEL FACILITY REFUND-DBC 1 23002 1 500.001 $1,097.21 Page 3 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/16/2010 92509... NATOO PATEL FACILITY REFUND-DBC 001 23002 100.00 $1,097.21 ... 12/16/2010 NATOO PATEL FACILITY REFUND-DBC 001 23004 247.21 12/16/2010 NATOO PATEL FACILITY REFUND-DBC 001 36615 250.00 12/16/2010 1 92510 IPOMONA JUDICIAL DISTRICT IPARKING CITE ADMIN-OCT 10 001 1 32230 1 2,308.50 $2,308.50 12/16/2010 1 92511 JOSE PRECIADO FACILITY REFUND-SYC CYN 001 1 23002 1 50.00 $50.00 12/16/2010 92512 PROTECTION ONE INC ALARM SVCS-DBC 0015333 42210 56.78 $169.78 12/16/2010 PROTECTION ONE INC ALARM SVCS-HERITAGE 0015340 42210 81.50 12/16/2010 PROTECTION ONE INC ALARM SVCS-SYC CYN 0015340 42210 31.50 12/16/2010 92513 PUBLIC STORAGE#23051 STORAGE RENTAL-UNIT#2303 0014090 42140 122.00 $640.00 12/16/2010 PUBLIC STORAGE#23051 STORAGE RENTAL-UNIT#2153 0014090 42140 259.00 12/16/2010 PUBLIC STORAGE#23051 STORAGE RENTAL-UNIT#2145 0014090 42140 259.00 12/16/2010 1 92514 CECIL"IA`RHEINS"'^'""" "" FACILITY REFUND-PANTERA 001 23002 1 100.00 $100.00 12/16/2010 1 92515 ISILVER STATE COACH INC EXCURSION-TAMALE FEST 1125350 45310 1 1,005.00 $1,005.00 12/16/2010 92516 SOUTHERN CALIFORNIA EDISON ELECT SVCS-PARKS 0015340 42126 4,544.71 $11,492.39 12/16/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 533.64 12/16/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 39 1395539 42126 419.66 12/16/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 41 1415541 42126 222.26 1 2/1 61201 0 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DBC 0015333 42126 4,176.86 12/16/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 805.40 12/16/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 41 1415541 42126 24.80 12/16/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 718.79 12/16/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 46.27 12/16/2010 1 92517 STANDARD AND POORS RATING SVCS-BOND LOC 0014090 44000 2,000.00 $2,000.00 12/16/2010 1 92518 TELEPACIFIC COMMUNICATIONS IT1 INTERNET SVCS-DEC 10 0014070 1 44030 1 972.50 $972.50 12/16/2010 1 92519 ITHE SAN GABRIEL VALLEY NEWSPAPER GR ILEGAL AD-BLDG&SFTY CODE 0014030 1 42115 1 326.78 $326.78 Page 4 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/16/2010 92520 MELISSA DE LA TORRE FACILITY REFUND-DBC 001 23002 1 500.00 $500.00 12/16/2010 1 92521 IMARIO TREJO IFACILITY REFUND-DBC 001 23002 1 100,001 $100.00 12/16/2010 1 92522 TRI-CITIES POOL SERVICE&REPAIR IMAINT SVCS-DBC NOV 0015333 45300 1 160.00 $160.00 12/16/2010 1 92523 TRIFYTT SPORTS ICONTRACT CLASS-FALL 0015350 45320 1 198.00 $198.00 12/16/2010 92524 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-SYC CYN PK 0015340 42210 312.95 $766.89 12/16/2010 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PANTERA 0015340 42210 451.27 12/16/2010 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-SYC CYN 0015340 45300 2.67 12/16/2010 1 92525 ICHIH SHUN WANG IFACILITY REFUND-HERITAGE 001 23002 1 50.00 $50.00 12/16/2010 1 92526 WEST COAST ARBORISTS INC TREE MAINT-NOV 2010 0015558 1 45509 1,451.60 $1,451.60 12/16/2010 1 92527 IPAUL WRIGHT A/V SVCS-MTGS 1217,12/14 0014090 1 44000 425.00 $425.00 12/16/2010 1 92528 JYI TONY TORNG JPLNG COMM-OCT 2010 0015210 1 44100 1 130.00 $130.00 12/22/2010 1 92529 JACCESS CONTROL SECURITY SECURITY SVCS-DBC 0015333 1 45010 826.80 $1,915.95 12/22/2010 ACCESS CONTROL SECURITY SECURITY SVCS-DBC 0015333 45010 1,089.15 12/22/2010 1 92530 EMERLITA ALVAREZ FACILITY REFUND-DBC 1 001 1 23002 1 100.00 $100.00 12/22/2010 1 92531 AND 1 OFFICIALS OFFICIAL SVCS-JULY 10 1 0015350 1 45300 1 1,302.00 $1,302.00 12/22/2010 1 92532 AT&T PH.SVCS-GENERAL 1 0014090 1 42125 1 59.64 $59.64 12/22/2010 1 92533 BENESYST 12/22/10-P/R DEDUCTIONS 1 001 1 21105 1 722.01 $722.01 12/22/2010 1 92534 CGM DEVELOPMENT REFUND-FPL 98-024 001 1 23010 1 570.001 $570.00 12/22/2010 1 92535 ICHICAGO TITLE HIP PROJ-614 HOPI ST 1255215 1 44000 1 30.00 $30.00 12/22/2010 1 92536 JDAPEER ROSENBLIT&LITVAK LLP LEGAL SVCS-NOV 2010 0014020 1 44023 5,959.58 $5,959.58 Page 5 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/22/2010 92537 DAVID EVANS AND ASSOCIATES INC PLAN CHECK-FPL 10-388 001 23010 55.96 $98.46 12/22/2010 DAVID EVANS AND ASSOCIATES INC PLAN CHECK-FPL 10-380 001 23010 42.50 12/22/2010 1 92538 DAY&NITE COPY CENTER IPRINT SVCS-P/INFO 1 0014095 1 42110 1 491.68 $491.68 12/22/2010 1 92539 DIANE DERTADIAN RECREATION REFUND 001 1 34740 1 79.00 $79.00 12/22/2010 92540 DIAMOND BAR MOBIL FUEL-COMM SVCS 0015310 42310 209.51 $209.51 12/22/2010 92541 DIAMOND BAR PETTY CASH MTGS-P/WORKS 0015510 42325 31.00 $281.92 12/22/2010 DIAMOND BAR PETTY CASH EXCURSION-PARKING 0015350 45310 20.00 12/22/2010 DIAMOND BAR PETTY CASH SUPPLIES-RECYCLING 1155515 41200 60.00 12/22/2010 DIAMOND BAR PETTY CASH POSTAGE-GENERAL 0014090 42120 8.02 12/22/2010 DIAMOND BAR PETTY CASH SUPPLIES-RECREATION 0015350 41200 27.93 12/22/2010 DIAMOND BAR PETTY CASH PARKING-C/CLERK 0014030 42335 8.00 12/22/2010 DIAMOND BAR PETTY CASH MTGS-COMM DEV 0015210 42325 30.00 12/22/2010 DIAMOND BAR PETTY CASH MTG-COUNCIL 0014010 42325 M8:98 12/22/2010 DIAMOND BAR PETTY CASH MTG SUPPLIES-FINANCE 0014050 42325 15.00 12/22/2010 DIAMOND BAR PETTY CASH MTG-HHWIE 1155515 42325 20.00 12/22/2010 DIAMOND BAR PETTY CASH MTG-RECREATION 0015350 42325 10.00 12/22/2010 DIAMOND BAR PETTY CASH MTG-GENERAL 0014090 42325 37.99 12/22/2010 DIAMOND BAR PETTY CASH MTG-CMGR 0014030 42325 5.00 12/22/2010 1 92542 DIVERSIFIED PARATRANSIT INC IDIAMOND RIDE-OCT 2010 1135553 45529 36,137.40 $36,137.40 12/22/2010 1 92543 ANNETTE DRUMONDE CONTRACT CLASS-FALL 0015350 45320 396.00 $396.001. 12/22/2010 1 92544 JELITE COMPANIES US,INC RETENTIONS PAYABLE 250 20300 5,570.97 $5,570.97 12/22/2010 1 92545 ELITE CONSTRUCTION IHIP PROG-24463 DEEPSPRING 1 1255215 1 44000 4,455.001 $4,455.00 12/22/2010 92546 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 11,608.00 $27,362.82 12/22/2010 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 12/22/2010 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 12/22/2010 92547 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL-FPL 10-399 001 1 23010 17.401 $121.80 Page 6 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/22/2010 92547... EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL-GENERAL 0014090 42120 34.80 $121.80... 12/22/2010 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL-FPL 10-406 001 23010 69.60 12/22/2010 92548 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 79.60 $382.61 12/22/2010 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 79.09 12/22/2010 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 118.88 12/22/2010 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 105.04 12/22/2010 1 92549 GFOA CAFR REVIEW PROG FEE 1 0014050 1 44000 1 435.001 $435.00 12/22/2010 1 92550 1GLOBALSTAR USA ANNL SVCS-SATELLITE PHS 1 0014440 1 42126 1 $3,369.37 12/22/2010 1 92551 JGOVPARTNER REQUEST PARTNER-DEC 10 1 0014070 1 44030 1 850.001 $850.00 12/22/2010 1 92552 JANTHONY GRIEGO IFACILITY REFUND-SYC CYN 1 001 1 23002 1 50.001 $50.00 12/22/2010 1 92553 SHIRLEY HELMER SUPPLIES-GENERAL 1 0014090 1 41200 125.86 $25.86 12/22/2010 1 92554 GEORGE HERNANDEZ FACILITY REFUND-DBC 1 001 1 23002 1 350.001 $350.00 12/22/2010 1 92555 JINLAND EMPIRE MAGAZINE AD-P/INFO DEC 2010 1 0014095 1 42115 1 995.00 $995.00 12/22/2010 92556 JINLAND EMPIRE STAGES TRANSPORTATION-EXCURSION 1125350 45310 624.00 $3,440.00 12/22/2010 INLAND EMPIRE STAGES EXCURSION-CANDELIGHT 0015350 45310 2,816.00 12/22/2010 92557 JINLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL-JAN 2010 0014431 45403 9,065.00 $10,315.00 12/22/2010 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT-JAN 0014431 45403 1,250.00 12/22/2010 92558 1 ISAAC H AZIZ EMPLOYEE COMP FROG 1 001 13135 2,500.00 $2,500.00 12/22/2010 1 92559 JUDICIAL DATA SYSTEMS CORPORATION PARKING CITE ADMIN-NOV 10 1 0014411 45 29.001 $329.00 12/22/2010 92560 ROBERT KUHNERT RECREATION REFUND 001 34720 76.00 $76.00 12/22/2010 92561 LEWIS ENGRAVING INC. ENGRAVING SVCS-BADGES 0014090 42113 26.39 $111.70 12/22 ILEWIS ENGRAVING INC. ENGRAVING SVCS-BADGES 0014090 42113 85.31 Page 7 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/22/2010 92562 LAVENDER LINO FACILITY REFUND-DBC 001 23002 350.00 $350.35 12/22/2010 LAVENDER LINO FACILITY REFUND-DBC 001 36615 0.35 12/22/2010 92563 ELIZABETH LONDON FACILITY REFUND-DBC 001 23002 100.00 $600.00 12/22/2010 ELIZABETH LONDON FACILITY REFUND-DBC 001 1 36615 500.00 12/22/2010 1 92564 JOANNE LOPEZ FACILITY REFUND-PANTERA 1 001 1 23004 1 39.141 $39.14 12/22/2010 92565 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS-NOV 2010 0014411 45401 424,448.67 $424,448.67 12/22/2010 92566 LPA INC ARCHITECTURAL SVCS-NOV 0014093 44000 5,712.13 $20,748.61 12!22/2010 LPA INC ARCHITECTURAL SVC-LIBRARY 0014093 44000 15,036.48 12/22/2010 92567 ICHRISTOPHER LYONS FACILITY REFUND-DBC 001 23002 350.001 $350.00 12/22/2010 92568 MD NEWS AD-CANDY CANE DEC 10 0014095 42115 1 150.00 $150.00 12/22/2010 92569 PERS HEALTH JAN 2011-HEALTH INS PREMS 001 21105 31,074.91 $31,635.01 12/22/2010 PERS HEALTH JAN 2011-HEALTH INS PREMS 0014090 40086 432.00 12/22/2010 PERS HEALTH JAN 2011-HEALTH INS PREMS 0014060 40093 128.10 12/22/2010 92570 PERS RETIREMENT RETIRE CONTRIB-ER 001 21109 303.28 $514.94 12122/2010 PERS RETIREMENT RETIRE CONTRIB-EE 001 21109 203.66 12/22/2010 PERS RETIREMENT SURVIVOR BENEFIT 001 21109 8.00 12/22/2010 92571 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 15,933.41 $27,411.50 12/22/2010 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 11,430.66 12/22/2010 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 47.43 12/22/2010 92572 REINBERGER PRINTWERKS PRINT SVCS-BUS CARDS 0014095 42110 91.09 $2,092.93 12/22/2010 REINBERGER PRINTWERKS PRINT SVCS-BUS CARDS 0014095 42110 71.34 12/22/2010 REINBERGER PRINTWERKS PRINT SVCS-BUS CARDS 0014095 42110 1,557.35 12/22/2010 REINBERGER PRINTWERKS PRINT SVCS-LETTERHEAD 0014090 42110 373.15 12/22/2010 92573 SIMPSON ADVERTISING INC PROF.SVCS-CITY NEWS OCT 0014095 1 44000 1 2,305.001 $2,305.00 Page 8 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/22/2010 92574 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 45.97 $5,251.93 12/22/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-NEW CITY HALL 0014093 42126 5,205.96 12/22/2010 92575 STANDARD INSURANCE OF OREGON JAN 11-LIFE INS PREMS 001 21106 1,177.61 $3,311.08 12/22/2010 STANDARD INSURANCE OF OREGON JAN 11-SUPP LIFE INS PREM 001 21106 270.00 12/22/2010 STANDARD INSURANCE OF OREGON JAN 11-STD/LTD 001 21112 1,863.47 12/22/2010 1 92576 STITCHES UNIFORMS&EMBROIDERY SUPPLIES-RECREATION 1 0015350 1 41200 1 5,755.42 $5,755.42 12/22/2010 1 92577 SIU HUNG TAM FACILITY REFUND-HERITAGE 1001 1 23002 1 200.00 $200.00 12/22/2010 1 92578 ITENNIS ANYONE ICONTRACT CLASS-FALL 1 0015350 1 45320 1 2,113.301 $2,113.30 12/22/2010 92579 THE GAS COMPANY GAS SVCS-NEW CITY HALL 0014093 42126 233.77 $1,453.89 12/22/2010 THE GAS COMPANY GAS SVCS-HRTG COMM CTR 0015340 42126 185.04 12122/2010 THE GAS COMPANY GAS SVCS-DBC 0015333 42126 1,035.08 12/22/2010 1 92580 ITHE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL 2010-413 1 001 1 23010 1 297.80 $297.80 12/22/2010 1 92581 TIME WARNER MODEM SVCS-COUNCIL 1 0014010 1 42130 1 $48.99 12/22/2010 1 92582 TIME WARNER IMODEM SVCS-HERITAGE 0015340 1 42126 1 116.01 $116.01 12/22/2010 1 92583 TRAFFIC CONTROL SERVICE INC JLIGHT BARS-NGHBRHD IMP 1 5204090 1 46100 1 4,457.63 $4,457.63 12/22/2010 1 92584 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 0014060 1 42345 1 273.00 $273.00 12/22/2010 1 92585 IVANTAGEPOINT TRNSFR AGNTS-303248 12/22/10-P/R DEDUCTIONS 001 21108 1 4,790.091 $4,790.09 12/22/2010 92586 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 30.08 $1,506.85 12/22/2010 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 785.51 12/22/2010 VERIZON CALIFORNIA PH.SVCS-NEW CITY HALL 0014093 42125 102.08 12/22/2010 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 262.64 12/22/2010 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 37.29 12/22/2010 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK ALARM 0015340 42125 77.29 12/22/2010 VERIZON CALIFORNIA PH.SVCS-FAX LINE C/MGR 0014030 42125 37.22 Page 9 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/22/2010 92586... VERIZON CALIFORNIA PH.SVCS-TELEWORKS ACTS 0014090 1 42125 1 174.741 $1,506.85... 12/22/2010 92587 WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 38 1385538 42126 4,770.78 $16,281.45 12/22/2010 WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 39 1395539 42126 2,580.85 12/22/2010 WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 41 1415541 42126 871.93 12/22/2010 WALNUT VALLEY WATER DISTRICT WATER SVCS-PARKS 0015340 42126 7,467.47 12/22/2010 WALNUT VALLEY WATER DISTRICT WATER SVCS-DBC 0015333 42126 224.41 12/22/2010 WALNUT VALLEY WATER DISTRICT WATER SVCS-NEW CITY HALL 0014093 42126 366.01 12/30/2010 1 92588 1AFFORDABLE GENERATOR SERVICES INC 1INSPECTION SVCS-DBC 1 0015333 1 45300 1 503.181 $503.18 12/30/2010 1 92589 JALLIANT INSURANCE SERVICES INC SPL EVENT INS-W/SNOW FEST 0015350 1 45300 1 498.581 $498.58 12/30/2010 1 92590 AT&T MOBILITY CELL CHRGS-CMGR 0014030 1 42125 1 53.09 $53.09 12/30/2010 1 92591 113URGEFCONTINENTAL FOOD-SR HOLIDAY DANCE 0015350 1 45300 1 491.13 $491.13 12/30/2010 1 92592 CA PARKS&REC SOC-DIS XIII MTG-REC STAFF 0015350 1 42325 1 350.00 $350.00 12/30/2010 1 92593 ICALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES-DBC 0015333 1 41200 1 218.081 $218.08 12/30/2010 92594 ILINDA DEMMERS ICONSULTING SVCS-NOV/DEC 0014093 1 44000 1 1,265.00 $1,265.00 12/30/2010 1 92595 CAROL DENNIS PROF.SVCS-SS/CC MTG 1 0014030 1 44000 1 150.001 $150.00 12/30/2010 1 92596 DEPARTMENT OF JUSTICE IMEMBERSHIP DUES-V CROSS 0014060 1 42315 30.001 $30.00 12/30/2010 1 92597 IDIAMOND BAR COMMUNITY FOUNDATION AD-HOLIDAY HOME DECOR 0014095 1 42115 1 1,000.00 $1,000.00 12/30/2010 92598 DIAMOND BAR/WALNUT YMCA CHILD CARE SVCS-SEPT 10 1255215 1 42355 972.00 $4,296.00 12/30/2010 DIAMOND BAR/WALNUT YMCA DAY CAMP-JUL-SEPT 1255215 42355 3,324.00 12/30/2010 92599 EVERGREEN INTERIORS PLANT SVCS-CITY HALL DEC 0014090 1 42210 1 230.00 $337.00 12/30/2010 EVERGREEN INTERIORS PLANT SVCS-DB LIBRARY 0014090 42210 107.00 12/30/2010 92600 EXCEL LANDSCAPE JADDL MAINT-DIST 38 1385538 1 42210 107.401 $1,315.50 Page 10 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/30/2010 92600... EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 171.56 $1,315.50... 12/30/2010 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 234.10 12/30/2010 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 657.22 12/30/2010 1EXCELLANDSCAPE 1ADDL MAINT-DIST 39 1395539 1 42210 1 145.22 12/30/2010 1 92601 FEDEX EXPRESS MAIL-GENERAL 0014090 1 42120 99.84 $134.33 12/30/2010 IFEDEX EXPRESS MAIL-GENERAL 0014090 42120 34.49 12/30/2010 1 92602 IWILLIAM GIEBE CONTRACT CLASS-FALL 0015350 1 45320 1 883.201 $883.20 12/30/2010 1 92603 GO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 12/24 1 001 1 23005 1 2,775.00 $2,775.00 12/30/2010 92604 GRAND MOBIL VEH MAINT-COMM SVCS 0015310 42310 39.95 $79.90 12/30/2010 IGRAND MOBIL IVEH MAINT-COMM SVCS 0014090 42310 39.95 12/30/2010 92605 JOE A.GONSALVES&SON INC. LEGISLATIVE SVCS-JAN 11 0014030 44000 3,000.00 $3,000.00 12/30/2010 1 92606 TRACT JOHNSON IRECREATION REFUND 1 001 34740 1 79.001 $79.00 12/30/2010 92607 LOS ANGELES COUNTY MTA MTA PASSES-NOV 2010 1125553 45535 120.00 $3,914.50 12/30/2010 LOS ANGELES COUNTY MTA CITY SUBSIDY-NOV 2010 1125553 45533 30.00 12/3012010 LOS ANGELES COUNTY MTA MTA PASSES-DEC 2010 1125553 45535 2,863.85 12/30/2010 LOS ANGELES COUNTY MTA CITY SUBSIDY-DEC 2010 1125553 45533 900.65 12/30/2010 1 92608 MCE CORPORATION VEGETATION CONTROL-NOV 1 0015558 45508 1 7,899.50 $7,899.50 12/30/2010 92609 METROLINK METROLINK PASSES-NOV 10 1125553 45535 88,595.42 $184,220.15 12/30/2010 METROLINK CITY SUBSIDY-NOV 10 1125553 45533 19,790.23 12/30/2010 METROLINK PASSES RETURNED-NOV 10 1125553 45535 -13,851.00 12/30/2010 METROLINK METROLINK PASSES-DEC 2010 1125553 45535 91,963.02 12/30/2010 METROLINK CITY SUBSIDY-DEC 2010 1125553 45533 18,833.73 1213012010 METROLINK PASSES RETURNED-DEC 2010 1125553 45535 -21,111.25 12/30/2010 1 92610 MOBILE RELAY ASSOCIATES INC IREPEATER SVCS-JAN 2011 1 0014440 1 42130 1 78,751 $78.75 12/30/2010 1 92611 JORKIN PEST CONTROL INC PEST CONTROL-BREA CYN 1385538 1 42210 1 63.37 $218.66 Page 11 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/30/2010 92611... ORKIN PEST CONTROL INC PEST CONTROL-SYC CYN 0015340 42210 66.06 $218.66... 12/30/2010 ORKIN PEST CONTROL INC PEST CONTROL-PANTERA 0015340 42210 89.23 12/30/2010 1 92612 PACIFIC TELEMANAGEMENT SERVICES PH SVCS-PARKS 1 0015340 1 42125 1 495.84 $495.84 12/30/2010 92613 REGIONAL TAP SERVICE CENTER TAP PASSES-OCT 2010 1125553 45535 11,057.22 $22,795.97 12/30/2010 REGIONAL TAP SERVICE CENTER CITY SUBSIDY-OCT 2010 1125553 45533 2,764.31 12/30/2010 REGIONAL TAP SERVICE CENTER TAP PASSES-NOV 2010 1125553 45535 7,179.55 12/30/2010 REGIONAL TAP SERVICE CENTER CITY SUBSIDY-NOV 2010 1125553 45533 1,794.89 12/30/2010 1 92614 SECTRAN SECURITY INC. COURIER SVCS-DEC 2010 1 0014090 1 44000 1 299.73 $299.73 12/30/2010 92615 SENIOR SERVICES ALLIANCE IMEMBERSHIP DUES-L MEYER 0015350 1 42315 1 150.001 $150.00 12/30/2010 92616 SIGN CONTRACTORS INC MILITARY BANNER REPAIR 0015350 1 45300 1 42.75 $42.75 12/30/2010 92617 ISIMPSON ADVERTISING INC AD-CITY NEWS OCT 0014095 1 44000 2,305.00 $2,530.00 12/30/2010 SIMPSON ADVERTISING INC AD-DBC NOV 2010 0014095 1 44000 225.00 12/30/2010 1 92618 ISO COAST AIR QUALITY MGT DISTRICT LEASE-CITY HALL JAN 11 0014090 1 42140 22,416.45 $22,416.45 12/30/2010 92619 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 1 42126 189.76 $189.76 12/30/2010 92620 SPARKLETTS WATER SUPPLIES-C/HALL 0014090 41200 199.27 $241.84 12/30/2010 SPARKLETTS EQ RENTAL-C/HALL 0014090 42130 10.75 12/30/2010 SPARKLETTS WATER SVCS-COMM SVC 0015340 42130 31.82 12/30/2010 92621 THE SAUCE CREATIVE SERVICES PRINT SVCS-WINTER S/FEST 0015350 42110 598.75 $1,472.00 12/30/2010 THE SAUCE CREATIVE SERVICES SUPPLIES-CONCERT SHARE 0015350 41200 873.25 12/30/2010 92622 TIME WARNER INTERNET SVCS-C/HALL 0014070 44030 252.60 $384.95 12/30/2010 TIME WARNER INTERNET SVCS-HERITAGE 0014070 44030 132.35 12!30/2010 92623 TIME WARNER MODEM SVCS-COUNCIL 0014010 42130 50.99 $50.99 12/30/2010 92624 JUNION BANK OF CALIFORNIA ILOC FEES-DBC BOND 0014090 42129 1 15,710.72 $15,710.72 Page 12 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/30/2010 92626 US BANK VEH MAINT-COMM SVCS 0015554 42200 525.99 $12,526.82 12/30/2010 US BANK FUEL-COMM SVCS 0015310 42310 150.00 12/30/2010 US BANK MAINT-COMM SVCS 0015340 42210 120.54 12/3012010 US BANK TRNG-J GARCIA 0015510 42340 125.00 12/30/2010 US BANK FUEL-ROAD MAINT 0015554 42310 218.79 12/30/2010 US BANK FUEL-COMM SVCS 0015310 42310 75.00 12/30/2010 US BANK MISAC CONF-DESFORGES 0014070 42330 454.80 12/30/2010 US BANK COMP MAINT-I.T. 0014070 42205 44.98 12/30/2010 US BANK COMP EQ-I.T. 0014070 46230 1,263.39 12/30/2010 US BANK MISAC MTG-DESFORGES 0014070 42325 238.40 12/30/2010 US BANK MEMBERSHIP DUES-D LIU 0015510 42315 176.25 12/30/2010 US BANK MTG-P/INORKS 0015510 42325 20.09 12/30/2010 US BANK COMP MAINT-I.T. 0014070 42205 259.00 12/30/2010 US BANK SUPPLIES-COMM SVS 0015350 41200 576.08 12/30/2010 US BANK SUPPLIES-RECREATION 0015310 41200 70.33 12/30/2010 US BANK SUPPLIES-C/MGR -`"^^~- 0014030 41200 19.85 12/30/2010 US BANK LEAGUE CONF-CRIBBINS 0014030 42330 944.20 12/30/2010 US BANK CJPIA CONF-CROSS 0014060 42330 443.28 12/30/2010 US BANK MTG SUPPLIES-HJR 0014060 42325 30.98 12/30/2010 US BANK SUPPLIES-COMM SVCS 0015350 41200 230.54 12/30/2010 US BANK SUPPLIES-DBC 0015333 41200 866.57 12/30/2010 US BANK SUPPLIES-RECREATION 0015350 41200 154.73 12/30/2010 US BANK MTG-COUNCIL 0014010 42325 50.00 12/30/2010 US BANK MTGS-COUNCIL 0014010 42325 135.80 12/30/2010 US BANK GONSALVES MTG-CMGR 0014030 42330 624.64 12/30/2010 US BANK SUPPLIES-CMGR 0014030 41200 20.44 12/30/2010 US BANK JPIA CONF-CMGR 0014030 42330 388.90 12/30/2010 US BANK MTG-CMGR/DLIU 0014030 42325 30.53 12/30/2010 US BANK MTG-KNABE 0014030 42325 50.00 12/30/2010 US BANK MTGS-FIN/H/R 0014030 42325 56.46 12/30/2010 US BANK SUPPLIES-COMM SVCS 0015350 41200 542.01 12/30/2010 US BANK MTG-DOYLE 0014030 42325 110.19 12/30/2010 US BANK FUEL-COMM SVCS 0015310 42310 143.00 12/30/2010 US BANK FUEL-GENERAL 0014090 42310 191.52 Page 13 ............._ ...... . ........._ .. City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12/30/2010 92626... US BANK FUEL-COMM SVCS 0015310 42310 86.01 $12,526.82... 12/30/2010 US BANK FUEL-COMM SVCS 0015310 42310 283.08 12/30/2010 US BANK FUEL-ROAD MAINT 0015554 42310 426.07 12/30/2010 US BANK EQ MAINT-ROAD MAINT 0015554 42200 6.03 12/30/2010 US BANK FUEL-NGHBRHD IMP 0015230 42310 155.41 12/30/2010 US BANK MTG SUPPLIES-GENERAL 0014090 42325 507.89 12/3012010 US BANK PROMO SUPPLIES-GENERAL 0014090 41400 21.90 12/30/2010 US BANK SUPPLIES-GENERAL 0014090 41200 4.01 12/30/2010 US BANK FUEL-NGHBRHD IMP 0015230 42310 132.80 12/30/2010 US BANK SUPPLIES-DBC 0015333 41200 38.29 12/30/2010 US BANK MTG-COUNCIL 0014010 42325 50.00 12/30/2010 US BANK ECO EXPO SUPPLIES-CNCL 0014090 42395 261.93 12/30/2010 US BANK SUPPLIES-P/INFO 0014095 41200 190.02 12/30/2010 US BANK PHOTOGRAPHY-P/INFO 0014095 42112 175.00 12/30/2010 US BANK FUEL-COMM SVCS 0015310 42310 360.78 12/30/2010 US BANK -°'' -~-- SUPPLIES-P/WORKS 0015510 41200 85.44 12/30/2010 US BANK MTGS-P/WORKS 0015510 42325 35.90 12/30/2010 US BANK MTGS-COM DEV 0015210 42325 25.84 12/30/2010 US BANK APA CONF-GUBMAN 0015210 42330 297.90 12/30/2010 US BANK MTG-COM DEV/B&SFTY 0015210 42325 30.24 12/30/2010 92627 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC 0015333 45300 5,645.47 $30,249.58 12/30/2010 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015340 45300 24,604.11 12/30/2010 92628 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 76.51 $220.07 12/30/2010 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 36.07 12/30/2010 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 107.49 12/30/2010 92629 VERIZON WIRELESS CELL SVCS-CMGR 0014030 42125 111.39 $314.22 12/30/2010 VERIZON WIRELESS CELL SVCS-EOC 0014440 42125 58.10 12/30/2010 VERIZON WIRELESS CELL SVCS-EOC 0014090 42125 4.85 12/30/2010 VERIZON WIRELESS CELL SVCS-EOC 0014070 42125 4.85 12/30/2010 VERIZON WIRELESS CELL SVCS-DESFORGES 0014070 42125 45.01 12/30/2010 VERIZON WIRELESS CELL SVCS-AZIZ 0014070 42125 45.01 Page 14 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 12(30/2010 92629... VERIZON WIRELESS CELL SVCS-SASD MODEM 0014411 42125 45.01 $314.22... 12130(2010 1 92630 IVIS JBACKFLOW TEST-NEW C/HALL 0014093 1 42210 1 51.24 $51.24 12/30/2010 1 92631 WALNUT/DIAMOND BAR SHERIFF'S IMEMBERSHIP DUES-2011 0014030 1 42315 1 50.00 $50.00 12/30/2010 1 92632 WAXIE SANITARY SUPPLY SUPPLIES-DBC 0015333 1 41200 1 1,246.12 $1,246.12 12/30(2010 1 92633 IWEST COAST ARBORISTS INC ITREE MAINT-NOV 2010 0015558 1 45509 1 3,793.53 $3,793.53 12(3012010 1 92634 PAUL WRIGHT AIV SVCS-CNCL MTG 12/21 0014090 1 44000 1 125.00 $125.00 12/30/2010 1 92635 ROBIN YOUNG RECREATION REFUND 001 1 34720 1 100.00 $100.00 1/6/2011 1 92636 JACCESS CONTROL SECURITY ISECURITY SVCS-DBC DEC 0015333 1 45010 1 604.20 $604.20 1(6/2011 92637 IYADIRA AMEZQUITA FACILITY REFUND-DBC 001 23002 350.00 $282.00 116/2011 YADIRA AMEZQUITA FACILITY CHRGS-DBC 001 36615 -68.00 1/6/2011 1 92638 JARROWHEAD EQ RENTAL-DBC 0015333 42130 12.06 $48.01 1/6/2011 ARROWHEAD SUPPLIES-WATER DBC 0015333 41200 35.95 1(6!2011 92639 IBANK OF SACRAMENTO IRETENTION PYBLE-RJ NOBLE 250 1 20300 1 1,230.601 $1,230.60 1/6/2011 1 92640 IBENESYST 01107(11-P/R DEDUCTIONS 001 1 21105 1 699.76 $699.76 116/2011 1 92641 PETER BLAND RECREATION REFUND 001 1 34780 1 $78.00 1/6/2011 1 92642 CANTRELL'S FEED BIN SUPPLIES-W/SNOW FEST 0015350 1 41200 1 1,271.51 $1,271.51 1/6/2011 92643 TED A CARRERA T&T COMM-DEC 09 0015510 44100 45.00 $45.00 1/6/2011 1 92644 ISUN CHA IRECREATION REFUND 1 001 34740 1 79.00 $79.00 1!6!2011 1 92645 ILUZ CHAVEZ FACILITY REFUND-DBC 1 001 1 23002 1 100.00 $100.00 1!6/2011 1 92646 ICITY OF WALNUT CONTRIB-N STOOPS SPPRT 1264411_F_4 4000 4,600.001 $4,600.00 Page 15 City of Diamond Bar - Check register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/6/2011 1 92647 DAVID EVANS AND ASSOCIATES INC JLNDSCP DESIGN-LEMON 0015510 1 R45221 1 927.001 $927.00 1/6/2011 1 92648 ICRAIG DAVIS jFACILrFY REFUND-DBC 1 001 1 23002 1 100.00 $100.00 1/6/2011 1 92649 JDAY&NITE COPY CENTER IPRINT SVCS-COMM SVCS 1 0015350 1 42110 1 35.121 $35.12 1/6/2011 1 92650 DELTA CARE USA IJAN 2011-DENTAL PREMIUMS 1 001 1 21104 1 263.44 $263.44 1/6/2011 1 92651 IDELTA DENTAL JAN 2011-DENTAL PREMIUMS 1 001 1 21104 1 3,583.271 $3,583.27 1/6/2011 1 92652 CAROL DENNIS PROF.SVCS-T&T MTG 1 0015510 1 44000 1 150.00 $150.00 1/6/2011 92653 DIAMOND BAR HAND CAR WASH CAR WASH-POOL VEH 0014090 42200 163.86 $217.84 1/6/2011 DIAMOND BAR HAND CAR WASH CAR WASH-RD MAINT 0015554 42200 30.00 1/6/2011 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015350 42200 10.99 1/6/2011 DIAMOND BAR HAND CAR WASH CAR WASH-COMM SVCS 0015310 42200 12- 1/6/2011 2 1/6/2011 92654 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE SVCS-SEPT 10 1135553 45529 34,043.50 $69,170.15 1/6/2011 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE SVCS-NOV 10 1135553 45529 34,734.65 1/6/2011 DIVERSIFIED PARATRANSIT INC HOLIDAY RIDE-NOV 2010 1135553 45529 392.00 1/6/2011 92655 DMS CONSULTANTS CIVIL ENGINEERS INC LANDSCAPED PROJ-PTHFNDR 2505510 R46420 23,360.00 $39,060.00 1/6/2011 DMS CONSULTANTS CIVIL ENGINEERS INC CDBG-CURB RAMP PROD 2505510 46420 12,340.00 1/6/2011 DMS CONSULTANTS CIVIL ENGINEERS INC SURVEY SVCS-NEW C/HALL 0015551 45226 3,000.00 1/6/2011 DMS CONSULTANTS CIVIL ENGINEERS INC SURVEY SVCS-NEW C/HALL 0015510 45221 360.00 1/6/2011 1 92656 EMERALD LANDSCAPE SERVICES INC IREPAIR SVCS-NEW C/HALL 1 0014093 1 42210 1 14.731 $14.73 1/6/2011 92657 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 11,608.00 $27,920.89 1/6/2011 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 1/6/2011 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 1/6/2011 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 558.07 1/6/2011 1 92658 IFEHR&PEERS ITRFFC ENG SVCS-SEPT/OCT 1165510 1 R44000 1,933.081 $1,933.08 Page 16 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/6/2011 92659 FOOTHILL BUILDING MATERIALS INC SUPPLIES-SAND BAGS 0014440 41200 246.94 $246.94 1/6/2011 1 92660 IMAHENDRA GARG FACILITY REFUND-DBC 001 23002 500.00 $700.00 1/6/2011 MAHENDRA GARG FACILITY REFUND-DBC 001 36615 200.00 1/6/2011 1 92661 GATEWAY CORPORATE CENTER ASSOC ASSOCIATION DUES-NEW C/H 0014093 1 42210 1 1,785.00 $1,785.00 1/6/2011 1 92662 IGRAND MOBIL FUEL-COMM SVCS 0014090 1 42310 1 4.42 1/6/2011 92664 HALL&FOREMAN,INC. PROF.SVCS-EN 07-555 001 23012 86.25 $5,595.25 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 07-555 001 23012 21.56 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 07-555 001 34650 -21.56 1/6/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 10-690 001 23012 402.50 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-690 001 34650 -100.63 1/6/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 10-690 001 23012 546.25 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-690 001 23012 136.56 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-690- 001 34650 -136.56 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-690 001 23012 100.63 1/6/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 07-555 001 23012 1,322.50 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 07-555 001 23012 330.63 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 07-555 001 34650 -330.63 1/6/2011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTIONS 0015510 R45227 157.47 1/6/2011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTIONS 0015510 45227 249.25 1/6/2011 HALL&FOREMAN,INC. EROSION CONTROL-MINNEQUA 0015551 45223 255.00 1/6/2011 HALL&FOREMAN,INC. PROF.SVCS-PLAN CHECK 0015551 45223 85.77 1/6/2011 HALL&FOREMAN,INC. PROF.SVCS-PLAN CHECK 0015551 45223 85.76 1/6/2011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTIONS 0015510 45227 72.00 1/6/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 10-698 001 23012 345.00 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-698 001 23012 86.25 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-698 001 34650 -86.25 1/6/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 05-474 001 23012 375.00 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 05-474 001 23012 93.75 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 05-474 001 34650 -93.75 1/6/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 07-559 001 23012 862.50 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 07-559 001 23012 215.63 Page 17 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/6!2011 92664... HALL&FOREMAN,INC. ADMIN FEE-EN 07-559 001 34650 -215.63 $5,595.25... 1/6/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 07-559 001 23012 750.00 1!6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 07-559 001 23012 187.50 1/6/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 07-559 001 34650 -187.50 1/6/2011 1 92665 STEPHANIE HOLLOMAN FACILITY REFUND-DBC 1 001 1 23002 1 100.001 $100.00 1/6/2011 1 92666 KEVIN HOUSE IT&T COMM-DEC 09 1 0015510 1 44100 1 45.00 $45.00 1/612011 92667 INLAND EMPIRE MAGAZINE AD-DBC JAN 2011 1 0014095 1 42115 1 995.001 $995.00 1/6!2011 92668 J A BLASH SHOWS INC TICKET BOOTHS-SNOW FEST 1 0015350 1 41200 1 250.00 $250.00 1/6!2011 92669 JESSE'S AUTO REPAIR INC EQ MAINT-COMM SVCS VEH 0015310 1 42200 71.70 $488.83 1/6/2011 JESSE'S AUTO REPAIR INC EQ MAINT-NGHBRHD IMP 0015230 42200 37.70 1!6!2011 JESSE'S AUTO REPAIR INC EQ MAINT-RD MAINT VEH 0015554 42200 379.43 1/6/2011 92670 JR PARTY RENTALS LINENS-CONCERT SHARE 1 0015350 1 42130 1 1,172.46 $1,172.46 1!6/2011 92671 IKOA CORPORATION TRFFC MNGMNT SVCS-OCT/NOV 1135553 1 44000 2,340.00 $3,900.00 1/612011 KOA CORPORATION TRFFC MNGMNT SVCS-OCT/NOV 1135553 44000 1,560.00 1/6/2011 1 92672 LAE ASSOCIATES INC JENG SVCS-PATHFINDER RD 0015551 1 45221 3,490.00 $3,490.00 116!2011 92673 LANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-NOV 2010 0015558 1 45503 1 1,982.76 $1,982.76 1/6/2011 92674 LEIGHTON&ASSOCIATES,INC. PROF.SVCS-EN 07-582 001 23012 656.56 $1,267.56 1/6/2011 LEIGHTON&ASSOCIATES,INC. ADMIN FEE-EN 07-582 001 23012 118.18 1/6/2011 LEIGHTON&ASSOCIATES, INC. ADMIN FEE-EN 07-582 001 34650 -118.18 1!6!2011 LEIGHTON&ASSOCIATES,INC. PROF.SVCS-EN 10-699 001 23012 611.00 1/6!2011 LEIGHTON&ASSOCIATES,INC. ADMIN FEE-EN 10-699 001 23012 109.98 1!6/2011 LEIGHTON&ASSOCIATES, INC. ADMIN FEE-EN 10-699 001 34650 -109.98 1/6/2011 1 92675 LEWIS ENGRAVING INC. ENGRAVING SVCS-NAME BADGE 0014090 42113 15.14 $30.28 1/6/2011 LEWIS ENGRAVING INC. ENGRAVING SVCS-NAME BADGE 0014090 42113 15.14 Page 18 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/612011 92676 LIANA PINCHER T&T COMM-DEC 09 0015510 44100 45.00 $45.00 1/6/2011 1 92677 IJIMMY LIN T&T COMM-DEC 09 0015510 1 44100 1 45.00 $45.00 1/6/2011 1 92678 LIVESOUND CONCEPTS ISOUND SYSTEMS-SNOW FEST 1 0015350 1 45300 1 690.001 $690.00 1/6/2011 1 92679 LAI LUK IFACILITY REFUND-DBC 001 23002 1 100.001 $100.00 1/6/2011 92680 ALBERT LUONG FACILITY REFUND-DBC 001 36615 400.00 $400.00 1/6/2011 1 92681 MANAGED HEALTH NETWORK JAN 2011-EAP PREMIUMS 1 001 1 21115 1 160.161 $160.16 1/6/2011 1 92682 IMERCURY DISPOSAL SYSTEMS INC RECYCLING SVCS-NOV 2010 1 1155515 1 44000 1 1,108.95 $1,108.95 1/6/2011 92683 KENNETH MOK IT&T COMM-DEC 09 0015510 1 44100 1 45.001 $45.00 1/6/2011 1 92684 PATTY MORILLO FACILITY REFUND-DBC 1 001 1 23002 1 500.00 $500.00 1/6/2011 1 92685 INEWHALL ICE COMPANY SNOW-WINTER SNOW FEST 0015350 1 45300 1 11,853.00 $11,853.00 1/6/2011 92686 NINYO&MOORE INC PROF.SVCS-EN 10-698 001 23012 454.00 $2,137.50 1/6/2011 NINYO&MOORE INC ADMIN FEE-EN 10-698 001 23012 81.72 1/6/2011 NINYO&MOORE INC ADMIN FEE-EN 10-698 001 34650 -81.72 1/6/2011 NINYO&MOORE INC PROF.SVCS-EN 10-698 001 23012 1,683.50 1/6/2011 NINYO&MOORE INC ADMIN FEE-EN 10-698 001 23012 303.03 1/6/2011 NINYO&MOORE INC ADMIN FEE-EN 10-698 001 34650 -303.03 116/2011 92687 OFFICEMAX INC SUPPLIES-COMM DEV 0015210 41200 10.93 $1,696.15 1/6/2011 OFFICEMAX INC SUPPLIES-DBC 0015333 41200 195.52 1/6/2011 OFFICEMAX INC SUPPLIES-DBC 0015333 41200 160.76 1/6/2011 OFFICEMAX INC SUPPLIES-DBC 0015333 41200 450.90 1/6/2011 OFFICEMAX INC SUPPLIES-COMM SVCS 0015350 41200 248.06 1/6/2011 OFFICEMAX INC SUPPLIES-COMM SVCS 0015350 41200 213.92 1/6/2011 OFFICEMAX INC SUPPLIES-PNVORKS 0015510 41200 51.88 1/6/2011 OFFICEMAX INC SUPPLIES-PNVORKS 0015510 41200 3.28 1/6/2011 OFFICEMAX INC MEMO CREDIT-PNVORKS 0015510 41200 -3.28 Page 19 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/6/2011 92687... OFFICEMAX INC SUPPLIES-PMORKS 0015510 41200 105.02 $1,696.15... 1/6/2011 OFFICEMAX INC SUPPLIES-GENERAL 0014090 41200 259.16 1/6/2011 1 92688 PAETEC COMMUNICATIONS INC. LONG DIST SVCS-DEC/JAN 11 1 0014090 1 42125 1 816.551 $816.55 1/6/2011 1 92689 IRICK PAGE FACILITY REFUND-DBC 1 001 1 23002 100.00 $100.00 1/6/2011 92690 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 47.43 $27,347.09 1/6/2011 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 11,404.77 1/6/2011 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 15,894.89 1/6/2011 1 92691 POMONA JUDICIAL DISTRICT IPARKING CITE ADMIN-NOV 10 001 32230 1 1,225.501 $1,225.50 1/6/2011 1 92692 WALTER PONCE FACILITY REFUND-DBC 1 001 1 23002 1 500.00 $500.00 1/6/2011 1 92693 IPRIORITY MAILING SYSTEMS INC SUPPLIES-INK CARTRIDGE 0014090 1 41200 1 281.891 $281.89 1/6/2011 92694 R F DICKSON COMPANY INC ST SWEEPING SVCS-NOV/DEC 0015554 45501 19,833.80 $24,738.28 1/6/2011 R F DICKSON COMPANY INC IDEBRIS DIVERSION SVCS-NOV 1155515 45500 4,904.48 1/6/2011 1 92695 REGIONAL CHAMBER OF COMMERCE ISERVICE CONTRACT-JAN 11 0014096 1 45000 1,000.00 $1,000.00 1/6/2011 1 92696 DEBORAH REZVANI FACILITY REFUND-DBC 1 001 1 23002 1 350.001 $350.00 1/6/2011 92697 JRJ NOBLE COMPANY CONSTRUCTION-AREAE 2505510 R46411 12,306.00 $11,075.40 1/6/2011 RJ NOBLE COMPANY IRETENTION PAYABLE 250 20300 -1,230.60 1/6/2011 1 92698 IMARK RODRIGUEZ FACILITY REFUND-DBC 001 1 36615 1 400.00 $400.00 1/6/2011 92699 MERCEDES RODRIGUEZ FACILITY REFUND-DBC 001 23002 550.00 $650.00 1/6/2011 MERCEDES RODRIGUEZ FACILITY REFUND-DBC 001 23002 100.00 1/6/2011 1 92700 RUBEN PATRICK GALLEGOS JR JMTG SUPPLIES-P/WKS 0015510 42325 53.78 $53.78 1/6/2011 1 92701 SASAKI TRANSPORTATION SVCS INC TRFFC ENG SVCS-NOV 2010 0015551 45222 1,350.00 $1,350.00 1/6/2011 1 92702 ISOUTHERN CALIFORNIA EDISON JELECT SVCS-TRFFC CONTROL 0015510 1 42126 736.79 $5,260.81 Page 20 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date . Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/6/2011 92702... SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 2,324.58 $5,260.81 ... 1/6/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 379.44 1/6/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 534.15 1/6/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 497.59 1/6/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 289.60 1/6/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 474.80 1/6/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 23.86 1/6/2011 92703 SUSTAINABLE ENVIRONMENTAL MNGMT COM PRORSVC-SOLID WASTE MGMT 1155515 44000 1,952.50 $4,015.00 1/6/2011 SUSTAINABLE ENVIRONMENTAL MNGMT COM PROF.SVC-SOLID WASTE MGMT 1155515 1, 44000 2,062.50 1/6/2011 92704 JSWRCB ACCOUNTING OFFICE JANNIL PERMIT FEE-JUL-JUN 1 0015510 1 42110 1 6,577.001 $6,577.00 1/6/2011 92705 THE COMDYN GROUP INC CONSULTING SVCS-GIS 11/10 0014070 44000 1,468.17 $5,262.14 1/6/2011 THE COMDYN GROUP INC CONSULTING SVCS-GIS 12/3 0014070 44000 825.72 1/6/2011 THE COMDYN GROUP INC CONSULTING SVCS-GIS 12/17 0014070 44000 2,968.25 1/6/2011 1 92706 THE SAUCE CREATIVE SERVICES PRINT SVCS-HOLIDAY DECOR 1155515' 1 42115 1 222.55 $222.55 1/6/2011 1 92707 ITIME WARNER IMODEM SVCS-HERITAGE 0015340 1 42126 1 116.01 $116.01 1/6/2011 1 92708 TRANSCORE LLC ITRFFC MNGMNT SYS-OCT 10 2505510 1 R46412 1 8,510.75 $8,510.75 1/6/2011 1 .92709 TRI-CITIES POOL SERVICE&REPAIR FOUNTAIN MAINT-DEC 10 1 0015333 1 45300 1 160.00 $160.00 1/6/2011 92710 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PANTERA PK 0015340 1 42210 462.57 $1,785.14 1/6/2011 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PETERSON 0015340 42210 462.57 1/6/2011 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-SYC CYN PK 0015340 42210 860.00 1/6/2011 1 92711 VANTAGEPOINT TRNSFR AGNTS-303248 101/07/11-P/R DEDUCTIONS 1 001 1 21108 1 28,092.441 $28,092.44 1/6/2011 1 92712 ERIKA VIEYRA ICONTRACT CLASS-FALL 1 0015350 1 45320 58.801 $58.80 1/6/2011 92713 VISION SERVICE PLAN JAN 2011-VISION PREMIUMS 001 21107 1,241.68 $1,241.68 1/6/2011 1 92714 ICHIH SHUN WANG IRECREATION REFUND 1 001 36625 1 25.00 $25.00 Page 21 City of Diamond Bar - Check Register 12/16/10 thru 01/12/11 Check Date Check Number Vendor Name --f Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/6/2011 1 92715 JWELLDYNERX SHARPS SVCS-NOV 2010 1155515 44000 32.32 $80.80 1/6/2011 WELLDYNERX SHARPS SVCS-DEC 2010 1155515 44000 48.48 1/6/2011 92716 WEST COAST ARBORISTS INCTREE MAINT-NOV 2010 0015558 45509 4,631.20 $4,966.20 1/6/2011 WEST COAST ARBORISTS INC TREE WATERING-NOV 2010 0015558 45510 335.00 1/6/2011 92717 WILLDAN GEOTECHNICAL PROF.SVCS-EN 08-625 001 23012 370.00 $740.00 1/6/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 08-625 001 23012 66.60 1/6/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 08-625 001 34650 -66.60 1/6/2011 WILLDAN GEOTECHNICAL PROF.SVCS-EN 10-702 001 23012 370.00 1/6/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 10-702 001 23012 66.60 1/6/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 10-702 001 34650 -66.60 12/30/2010 W(T0154 UNION BANK OF CALIFORNIA, NA LEASE PYMNT-DBC DEC 10 0014090 42140 28,278.81 $28,278.81 $1,797,229.46 Page 22 Agenda # _ 6 , :3 Meeting Date: Jan. 18, 2011 Cl rami.. �D CITY COUNCIL ,-417 RSA° AGENDA REPORT Ojtpor98g� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma r TITLE: Treasurer's Statement— Novemb r 2 10 RECOMMENDATION: Approve the November 2010 Treasurer's Statement, FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the 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. PREPARED BY: Linda Magnuson, Finance Director Departrrtient Head Assistant City Manager Attachments: Treasurer's Statement, Investment Portfolio Report I i j CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT November 30,2010 ...... BEGINNING:::::.:.>. >: >.>. >........TFtANSFERS.. ..... ....... .......... BALANCE;:':..,.,.:RE.CEIP:T:S::::::::::DISBURSEMENTS':::::::IN:(QUI) :BALANCE':';::' GENERAL FUND $18,804,047.01 839,898.70 $1,137,458.79 $18,506,486.92 COMMUNITY ORG SUPPORT FD (3,000.00) 1,800.00 (4,800.00) MEASURE R LOCAL RETURN FD 306,673.07 40,146.61 346,819.68 GAS TAX FUND (244,692.16) 150,060.56 (94,631.60) TRANSIT TX(PROP A) FD 168,738.96 158,515.85 115,271.64 211,983.17 TRANSIT TX(PROP C) FD 2,088,638.69 57,900.04 79,690.91 2,066,847.82 ISTEA Fund 757,153.44 757,153.44 INTEGRATED WASTE MGT FD 576,289.70 95,102.34 12,215.22 659,176.82 TRAFFIC IMPROVEMENT FUND 234,636.17 5,035.52 229,600.65 AB2928-TR CONGESTION RELIEF FD 67,288.54 67,288.54 AIR QUALITY IMPRVMNT FD 136,425.93 136,425.93 TRAILS&BIKEWAYS FD 0.00 0.00 Prop 1 B Bond Fund 205,507.24 205,507.24 PARK FEES FD 360,007.74 (6,333.26) 353,674.48 PROP A-SAFE PARKS ACT FUND 18,834.68 70,940.00 (70,940.00) 18,834.68 PARK&FACILITIES DEVEL.FD 584,901.59 (8,811.99) 576,089.60 COM DEV BLOCK GRANT FD (22,771.86) 11,560.71 (34,332.57) CITIZENS OPT-PUBLIC SAFETY FD 131,476.40 31,358.23 162,834.63 NARCOTICS ASSET SEIZURE FD 365,725.52 365,725.52 CA LAW ENFORCEMENT EQUIP PRG 56,738.36 9,053.38 47,684.98 E BYRNE JUSTICE ASSIST GRANT 46,980.49 11,376.54 58,357.03 LANDSCAPE DIST #38 FD (88,151.07) 4,829.45 20,683.30 (104,004.92) LANDSCAPE DIST #39 FD (73,584.63) 1,598.01 16,698.75 (88,685.37) LANDSCAPE DIST #41 FD (48,945.54) 2,280.44 7,096.33 (53,761.43) CDBG-R Fund (968.63) (968.63) ENERGY EFF&CNSVTN BLK GRT (4,783.27) 9,603.13 5,213.13 (393.27) CAP IMPROVEMENT PRJ FD (361,912.03) 36,196.28 86,085.25 (312,023.06) SELF INSURANCE FUND 813,681.62 813,681.62 EQUIPMENT REPLACEMENT FUND 249,572.96 30,765.38 218,807.58 COMPUTER REPLACEMENT FUND 342,416.77 1,728.57 340,688.20 PUBLIC FINANCING AUTHORITY FUN 131,765.75 28,953.46 3,015.43 157,703.78 TOTALS $25,598,691.44 $1,502,563.36 $1,493,483.34 $0.00 $25,607,771.46 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($385,519.08) PAYROLL ACCOUNT 41,604.44 CHANGE FUND 300.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($342,614.64) INVESTMENTS: US TREASURY Money Market Acct. $541,026.89 LOCAL AGENCY INVESTMENT FD 21,251,655.43 FED HOME LOAN BANK NOTES 4,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 157,703.78 TOTAL INVESTMENTS $25,950,386.10 TOTAL CASH $25,607,771.46 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer 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 Bove summary provides sufficient cash flow liquidity to meet the next six month's estim Ved qoewitures. James DeStefan Treasurer I CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of November 2010 Purchase Maturity Amount Current Par/ Fair Market Investment Type Rating Date Date Term At Cost Original Par Value* Rate Federal National Mortgage AAA 09/27/10 09/27/13 3.0 Yrs 1,000,000 1,000,000 1,002,345.00 1.200% Freddie Mac Unnt AAA 09/30/10 09/30/13 3.0 Yrs 1,000,000 1,000,000 1,001,695.00 1.250% Federal Home Loan Bond AAA 03/30/10 12/30/13 3.5 Yrs 1,000,000 1,000,000 1,010,791.00 2.050% Fed Home Loan Banks Bond AAA 11/30/10 11/30/15 5.0 Yrs 1,000,000 1,000,000 1,000,000.00 1.500% Total Securities $ 4,000,000.00 4,000,000 $ 4,014,831.00 1.500% Local Agency Inv Fund AAA 21,251,655.43 21,292,349.16 0.454% US Treasury Money Market AAA $541,026.89 541,026.89 0.010% Total Liquidity $ 21,792,682.32 $ 21,833,376.05 Union Bank-(Fiscal Agent) AAA 157,703.78 157,703.78 0.050% Total investments $ 25,950,386.10 $ 26,005,910.83 2010-11 Budgeted Interest Income $342,800.00 Actual Year-To-Date Interest Income $73,046.26 Percent of Interest Received to Budget 21.309% TYPE OF INVESTMENTS: Allocation of Book Value of Investment by Type Federal Agency Security (By Percent) 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 Federal Agency LAIF Fund a 40%limit on this type of investment and the security investment is currently Securities ? fx 81.89 held in a custodial account by Wells Fargo Institutional Securities LLC for safe- 15.41% � � � � keeping services. Local Agency Investment Fund (LAIF) LAIF is an investment pool for local agencies which is managed by the State U.S Treasury Treasurer and regulated by the State law.The City Investment Policy places no Money Market limit on this type of investment. 2.69% Total Investment-$25, 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 Source of Fair Market Value:Wells Fargo Institutional Securities,LLC Policy places no limit on this type of investment. Agenda # 6 .4 Meeting Date: January 18, 2011 CLT _ r 1 CITY COUNCIL AGENDA REPORT JVCWolul r9g9 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: APPROVAL OF RESOLUTION'tX ESTABLISHING AN APPROVED VENDOR LIST AS DEFINED IN ORDINA05(2006). RECOMMENDATION: Approve. FINANCIAL IMPACT: None. BACKGROUND: The City's Purchasing Ordinance No. 05(2006) includes a provision for the establishment of an Approved Vendor's List every January. This list will be comprised of vendors who have consistently provided excellent service to the City, have traditionally been the lowest bidder, can deliver goods or services on time, or consistently meet or exceed product/service specifications. City staff has performed an annual review and update of the vendor list and is requesting approval at this time. Vendors on this list have historically met City standards for quality and price of services. If at anytime a vendor,falls below the expectations established in the Ordinance, the vendor may be removed from the list by City staff. Upon approval, this list will be valid from February 1, 2011 through January 31, 2012. Prepared by: Reviewed b . J €r _ Anthony Sant David Doyle` Management Analyst Assistant City Manager Attachment: 1. Vendors List Revisions. 2. Resolution 2011-XX. 3. Exhibit A—Approved Vendor List Effective February 1, 2011 through January 31, 2012. Attachment 1 City of Diamond Bar 2011 Vendor List Changes ADDITIONS Vendor Product Explanation Affordable Generator Service Generator Maintenance Provides quality and timely service to emergency generator at DBC Annette Drumonde Contract Class Instructor- ** See Contract Class Instructor Explanation Tot Enrichment B &T Cattle Brush Removal by Goats Consistent low bidder, provides quality and timely service Bashful Butler Catering Caterer Provides quality, upscale food with great presentation BC Continental Caterer Consistently provide the least expensive food Construction Hardware Parks Maintenance Availability of commercial hardware products, Company Supplies locks, door frames and door closers Provides consistent, quality services at a Cornerstone Records reasonable cost. (Pending Name change of Management Offsite Data Storage Svcs L.A. Data Security) Craig Davis Contract Class Instructor- **See Contract Class Instructor Explanation Piano Da Hula Studio Contract Class Instructor **See Contract Class Instructor Explanation Dance Darla Tighe Contract Class Instructor- **See Contract Class Instructor Explanation Voice Erika Vieyra Contract Class Instructor- **See Contract Class Instructor Explanation Online Driver's Ed Electronic Components Meets product requirements, provides low GovConnection, Inc. and Equipment prices and fast delivery Create and Install informational signs in a timely Impact Signs Informational Signs and professional manner Jacqueline Ng Contract Class Instructor- **Yoga See Contract Class Instructor Explanation Jeanie Khoury Contract Class Instructor- **See.Contract Class Instructor Explanation Adult Crafts Jeffrey Hirose Contract Class Instructor- **See Contract Class Instructor Explanation Golf Jessica Braun Contract Class Instructor- **See Contract Class Instructor Explanation Adult Crafts Jimmye Lou Thies Contract Class Instructor- **See Contract Class Instructor Explanation Dance Contract Class Instructor- Kathy Salata **See Contract Class Instructor Explanation j Public Speaking Kiddie Techie Contract Class Instructor- ** See Contract Class Instructor Explanation j Youth Computer jMarlene Ramirez-Mooney Yogaract Class Instructor- **See Contract Class Instructor Explanation Once Upon A Time Creations Caterer Provides specialty menu items at competitive prices Electronic Components Meets product requirements, provides low PC Mall Gov, Inc. and Equipment prices and fast delivery i f Attachment 1 Playwell Teknologies Contract Class Instructor- ** See Contract Class Instructor Explanation Youth Enrichment Promotional Materials for Often a low bidder providing quality, timely Proforma Unisource City Programs & Events merchandise, and has artwork on file for a variety of items Rae Duncan Contract Class Instructor- **See Contract Class Instructor Explanation Adult Crafts Consistent low bidder, provides quality and Southwest Sales T-Shirt Printing timely service and is a Diamond Bar Vendor Star Auto Service Vehicle Maintenance Provides quality and timely service at competitive prices Steven Yuan Contract Class Instructor- **See Contract Class Instructor Explanation Skateboarding Tim Smith Contract Class Instructor- **See Contract Class Instructor Explanation Guitar Event banners, flyers, Consistent low bidder, provides quality and The Sauce Creative Services apparel & promotional timely service and has artwork on file for a items variety of items Contract Class Instructor- **See Contract Class Instructor Explanation Tony Wang Adult Computer i **Instructor meets the requirements of the contract class program: successful completion of instructor application, supplemental questionnaire, class proposals, background check and quarterly quality review of classes. DELETIONS Vendor Product Catalina Ballast& Bulb Lighting Supplies Craig Coffman Contract Class Instructor Danny Garcia Contract Class Instructor Debbie Avila Contract Class Instructor Francis Sabado Contract Class Instructor Janel Bennet Contract Class Instructor Kathryn Rusick Contract Class Instructor Le-Hong Wang Contract Class Instructor Linda Coffman Contract Class Instructor Nancyann Clark Contract Class Instructor Ontario Ice Center Contract Class Instructor Patrick Montoya Contract Class Instructor i i i Attachment 2 RESOLUTION NO. 2011-XX A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF DIAMOND BAR ESTABLISHING AN APPROVED VENDOR LIST AS DEFINED BY ORDINANCE NO. 05(2006) TO BE IN EFFECT FROM FEBRUARY 1, 2011 UNTIL JANUARY 31, 2012 WHEREAS, the City Council has adopted Ordinance No. 05(2006) which became effective August 31, 2006; and WHEREAS, the Ordinance defines vendor list procurement and requires the annual establishment of an Approved Vendor List; and WHEREAS, staff prepared and attached Exhibit A — Approved Vendor List in accordance with the Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar.Hereby Resolves that .the vendors .eligible . for Vendor .List Procurement as defined by Ordinance No. 05(2006) are contained in the attached Exhibit A—Approved Vendor List and will be in effect from February 1, 2011 until January 31, 2012. PASSED, ADOPTED, AND APPROVED this 18th day of January, 2011. Steve Tye, Mayor IIS I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2011-XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 18th day of January, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk I. Attachment 3 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2011 through January 31, 2012 Vendor Product Explanation 4imprint Recycling Promotional Ability to provide a wide variety of promotional items made Items from recycled materials AAA Flag and Banner DBC Logo Flags Local vendor with DB Logo supplies Adapt Consulting Recycling Promotional Ability to provide promotional items made from recycled Items materials Affordable Generator Service Generator Maintenance Provides quality and timely service to emergency generator at DBC AGI Academy Contract Class Instructor- y Computer Classes **See Contract Class Instructor Explanation Albertson's Misc. Supplies Local vendor for program supplies Printer Supplies & Consistently bid below the competition and provide Americomp Maintenance superior quality for printer maintenance & toner supplies city wide Ameritech Copier Supplies & Maint Lowest bidder and provides timely quality service Anaheim Glass Glass Repairs Consistent low bidders, quick response and high quality And One Officials Sport Official Svcs Originally selected through and RFP process and provide quality service for a fair price Annette Drumonde Contract Class Instructor- **See Contract Class Instructor Explanation Tot Enrichment Arrowwoods Interior wood DBC High quality repairs and installation of mill work Audio Visual Innovations AN System service Original installer of DBC AV system. B &T Cattle Brush Removal by Goats Consistent low bidder, provides quality and timely service Balloons by Alice Bday& July 4th Balloons Provides best price, & supply for 4th of July, B-Day, Bashful Butler Catering Caterer Provides quality, upscale food with great presentation BC Continental Caterer Consistently provide the least expensive food Bear State Air Conditioning HVAC Svc. DBC Low bidder for service contract. Quality work, fast response Best Lighting Lighting Supplies Familiar with City equipment, fast emergency response Bill Giebe Contract Class Instructor- **See Contract Class Instructor Explanation Yoga BSN -dba Sport Supply Group Sporting Goods Lowest price from bids and meets all requirements I Calsense Landscape controls Proprietary equip Carolwood Productions Video Productions Local company that has continued to provide quality, cost effective services. Carrot Top Industries Park Flags Lowest price from bids and meets all requirements Center Ice Arena Contract Class Instructor- **See Contract Class Instructor Explanation Ice Skating Page 1 Attachment 3 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2011 through January 31, 2012 Vendor Product Explanation CDW Government, Inc. (CDW- Electronic Components Meets product requirements, provides low prices and fast G) and Equipment delivery Charter Oak Gymnastics Contract Class Instructor- y Gymnastics **See Contract Class Instructor Explanation Cheryl Skidmore Contract Class Instructor- ry Horsemanship **See Contract Class Instructor Explanation Christine An eli Contract Class Instructor- ** g Adult Crafts See Contract Class Instructor Explanation CM School Supply Tiny Tots & Day Camp pp y Supplies Local vendor with specialty supplies needed for programs Comlock Keys/Lock supplies i Proprietary lock system for the DBC Commercial Lighting Lighting Supplies Vendor able to provide specialized lighting supplies at good prices and in a timely manner Connie Lillie Contract Class Instructor- **See Contract Class Instructor Explanation Jazzercise Construction Hardware Company Parks Maintenance Availability of commercial hardware products, locks, door Supplies frames and door closers Offsite Data Storage Provides consistent, quality services at a reasonable Cornerstone Records Manageme Svcs cost. (Pending Name change of L.A. Data Security) Crafco Inc Asphalt Materials Manufacturer&vendor with specialty repair materials for pavement asphalt. CraigDavis Contract Class Instructor- Piano **See Contract Class Instructor Explanation Creator's Touch Contract Class Instructor- **See Contract Class Instructor Explanation Youth Art Classes Da Hula Studio Contract Class Instructor **See Contract Class Instructor Explanation - Dance Darla Tighe Contract Class Instructor-g Voice **See Contract Class Instructor Explanation David Fernandez Contract Class Instructor- **See Contract Class Instructor Explanation Adult Dance Day& Nite Copy Center, Inc. Copying/Printing Able to provide same day service at low cost. Often as low bidder. DB International Deli Meeting Supplies Meets requirement and provides good service including i delivery Deane Homes Swim Club Rental Facility-Contract Classes Facility Use Agreement signed yearly. DFS Flooring Proprietary Method Carpet Local vendor that uses manufacturer's process to clean cleaning for DBC Carpet Dupont carpets at DBC i Page 2 Attachment 3 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2011 through January 31, 2012 Vendor Product Explanation Diamond Bar Hand Car Wash City Fleet Car Wash Local vendor with quality service Diamond Bar Mobil Vehicle maint Low bids, quality work, quick response Diversified Paratransit Shuttle Service Only Vendor able to provide handicapped shuttles Diversified Printers Print Svcs - Secured through a RFP process and found to be the Newsletter/Rec Guide lowest bidder. Diversified Window Coverings Maint of Mechanical Sole Source Vendor-this vendor required by Shades @ DBC manufacturer. Contract Class Instructor- Dog Dealers, Inc. Dog Obedience **See Contract Class Instructor Explanation r Doggie Walk Bags Dog Bags for Park Responsive vendor for product to fill dispensers in parks Dispensers Dolphin Rents Bday Equipment Lowest price for B-day party, & snowfest. Dora Lon ai Contract Class Instructor- y Make-Up/Skin Care **See Contract Class Instructor Explanation Dot Bros. Emergency main line Doty repair under asphalt Low bidder for quality work and fast response Temporary and Dunn's Fence Co. Permanent Fence Lowest bidding prices Supplier Education To Go Contract Class Instructor- **See Contract Class Instructor Explanation On-Line Classes Erika Vie ra Contract Class Instructor- y Online Driver's Ed **See Contract Class Instructor Explanation Esperanza Flores Dance Contract Class **See Contract Class Instructor Explanation Evergreen Interiors Interior Plant Maint-City 9 Hall & Library Lowest Bid & Meets Requirements Executive Promotional Products Promo Items Often a low bidder providing quality, timely merchandise. Has artwork on file for a variety of items. Exterior Products City's Event Banners Lowest bidder at time banners were purchased--now stores, cleans, up-dates and posts banners as directed Exterminetics of So. Cal Rodent/Insect Control at Low bidder for service contract. Quality work, fast DBC response Firestone Tire Co. Vehicle maint Low bids, quality work, quick response Food From the Heart Caterer Consistently bid below the competition and provide superior quality Only local vendor able to deliver sandbags and sand to Foothill Building Materials Sand & Sandbags fire stations. 1 j Page 3 Attachment 3 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2011 through January 31, 2012 Vendor Product Explanation Frank Stein Novelty Co. Specialty Supplies Responsive vendor with specialty supplies needed for programs Gabriela Klein Contract Class Instructor- **See Contract Class Instructor Explanation Adult Fitness Gasser/Olds Company Bronze plaques/signs Provides consistent, quality services at a reasonable cost. Glass Eye Productions Video Productions Provides consistent, quality services at a reasonable cost. Glenn's Refrigeration Refrigeration/Freezer Repair Quality, responsive repair service j Electronic Components Meets product requirements, provides low prices and fast GovConnection, Inca and Equipment delivery Grand Mobil Vehicle maint Low bidder, quality work, quick response Graybar Electrical Supplies Local vendor with specialty repair materials H2O Pressure Washing Pressure washing Lowest bidder, quick response for small jobs Hirsch Pipe and Supply Plumbing supplies Local vendor with specialty repair materials Home Depot Misc. Supplies Local vendor for repair materials and program supplies Hot Shots Youth Uniforms Traditionally lowest Price from bids. Hydro-Connections Irrigation Supplies Local vendor with specialty repair materials Impact Signs Informational Signs Create and Install informational signs in a timely and professional manner IMS Refrigeration Ice Machine repairs High quality repairs at competitive prices Jacqueline N Contract Class Instructor- q g Yoga **See Contract Class Instructor Explanation James Events Bday rides Only vendor to meet requirements. Jeanie KhouryContract Class Instructor- Adult Crafts **See Contract Class Instructor Explanation j JeffreyHirose Contract Class Instructor- Golf **See Contract Class Instructor Explanation Contract Class Instructor- Jerry Short Karate **See Contract Class Instructor Explanation Jessica Braun Contract Class Instructor- **Adult Crafts See Contract Class Instructor Explanation ? Jimm e Lou Thies Contract Class Instructor- ** y Dance See Contract Class Instructor Explanation John Bishop Contract Class Instructor- -p Martial Arts Classes **See Contract Class Instructor Explanation j ' Page 4 Attachment 3 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2011 through January 31, 2012 Vendor Product Explanation reaux Contract Class Instructor- Kathyy Youth Art Classes **See Contract Class Instructor Explanation alata Contract Class Instructor- Kathyy Public Speaking **See Contract Class Instructor Explanation Keep America Beautiful Inc Recycling Promotional Ability to provide promotional items made from recycled Items materials. Keith Johnson Entertainment D.J. Services Price is equal to others, service is superior to others. Ken's Ace Hardware Misc. Supplies Local vendor for repair materials and program supplies Ki Chairs Chairs for DBC/Parks Quality chairs, good service and low prices Kiddie Techie Contract Class Instructor- **See Contract Class Instructor Explanation Youth Computer Kidz Love Soccer Contract Class Instructor- **See Contract Class Instructor Explanation Soccer Kirk Steinke Electric Electrician Consistent low bidder and excellent work Kustom Imprints Coaches shirts Adult B- p ball Shirts Traditionally lowest Price from bids. L.A. Data Security Offsite Data Storage Svcs Provides consistent, quality services at a reasonable cost. Land's End Staff shirts, apparel Variety of quality products--vendor has city artwork Letter Perfect Signs Park Signs Provides consistent, quality services at a reasonable cost. Lewis Engraving Engraving Svcs- Name g 9 Badges, Tiles & Plaques Consistently provides good service in a timely manner. Liberty World Class Flags Park Flags Lowest price from bids and meets all requirements Lighting Resources, LLC Waste Recycling Vendor Only local vendor that doesn't have a pick up charge. Live Sound Concepts Concert/July 4th -Audio Lowest price for concerts, snowfest&b-day party for 3 Equipment years. Lowe's Home Imprvmt Center Misc. Supplies Local vendor for repair materials and program supplies Mad Science Contract Class Instructor- **See Contract Class Instructor Explanation Youth Science Magic and Variety July 4th - Entertainment Only vendor in area that has Uncle Sam & balloonist available on 4th of July. Marlene Ramirez-MooneyContract Class Instructor- Yoga **See Contract Class Instructor Explanation MCO-The Microfilm Co Specialized Microfiche Maint Provides timely specialized service. Battery& Light Bulb MDS Recycling Lowest collection prices. Merchants Building Maint. Window washers Consistently low bids Page 5 Attachment 3 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2011 through January 31, 2012 Vendor . Product Explanation Minutman Press (R& D Copying/Printing Able to provide same day service at low cost. Often as Blueprint) low bidder. Light Weight and Durable Low bidder for tables and chairs at DBC, Pantera and Mity-Lite Furniture Tables/Chairs Heritage; excellent service and warranty program; products match existing inventory Moonlight Printers Printing Svcs Provides timely service. Mt. Calvary Lutheran Church Rental Facility-Contract Facility Use Agreement signed annually. Classes &Sports NET Easter Eggs Easter Eggs Lowest price and only vendor that meets our requirements. Newhall Ice Snow for Winter Snow Only vendor that responds to bids, that can provide Fest requirements Oak Tree Lanes Contract Class Instructor- **Bowling See Contract Class Instructor Explanation Once Upon A Time Creations Caterer Provides specialty menu items at competitive prices Specialty Supplies for Oriental Trading Co. recreation programs& Responsive vendor with specialty supplies needed for events programs Gopher/ground squirrel Orkin Pest Control, Inca eradication -Parks & LLA Responsive vendor for on-going rodent control service Districts Partition Specialties PSI Wall Partitions DBC Original Installers familiar with proprietary systems Electronic Components Meets product requirements, provides low prices and fast PC Mall Gov, Inc. and Equipment delivery Periwinkle Productions City Birthday Party Only vendor to meet requirements animals Peter Rogers Photography Photography Services Vendor continues to provide high quality photos at reasonable cost. Originally selected through RFP process Playwell Teknologies Contract Class Instructor- **See Contract Class Instructor Explanation Youth Enrichment -Contract Pomona Unified School Distr. Rental Facility Facility Use Agreement signed August 1997 Classes& Sports PROforma/Element 7 Recycling Promotional Ability to provide promotional items made from recycled Items materials. Proforma Unisource Promotional Materials for Often a low bidder providing quality, timely merchandise, City Programs& Events and has artwork on file for a variety of items Protection One Fire& Burglary alarm Company took over monitoring of alarm systems @ DBC service/maint.. and Heritage Park PYRO Spectaculars July 4th Fireworks Only vendor to respond for the last five years Page 6' i Attachment 3 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2011 through January 31, 2012 Vendor Product Explanation Pyro-Comm Systems Fire alarm service/maint. Proprietary fire systems for DBC and Heritage Park Rae Duncan Contract Class Instructor- **See Contract Class Instructor Explanation Adult Crafts Raquel Hernandez Contract Class Instructor- **See Contract Class Instructor Explanation Youth Math Recycling containers for Recy-cal schools Consistently low prices Red Dragon Karate Contract Class Instructor- **See Contract Class Instructor Explanation Martial Arts Printing-Envelopes, Consistently provides good service in a timely manner. Reinberger Printwerks, Inc. Letterhead, Stationery, Vendor has many templates already on file Certificate Covers etc Related Visual, Inc. Audio/Visual Consistently low bidder. Also provides maintenance support for equipment Roto Rooter Emergency Plumbing Responsive to emergencies, competitive prices Royal Roofing Inspection & Repair of Provides quality work for a reasonable cost and responds DBC Roof in a timely manner Safeway Signs.Co. Traffic Signs Manufacturer of City street name signs, ability to provide matching signs Sole manufacturer which meets all equipment .SASE Company Inc Sidewalk Grinders & Parts requirements SC Signs Traffic Signs & Poles Traditionally been low bidder and ability to provide supplies in a timely manner School Specialty, Inc. Tiny Tots& Day Camp Responsive vendor with specialty supplies needed for Supplies programs Contract Class Instructor, Shannon Griffiths **See Contract Class Instructor Explanation Belly Dance Sheri Liebe Contract Class Instructor **Youth Dance See Contract Class Instructor Explanation . Sign Contractor, Inc. Armed Forces Banners Lowest Bidder--now has artwork for future orders. Simpson Advertising, Inc. Graphic Design Continues to provide graphic design support. Selected through RFP process Sk hawks Contract Class Instructor Y **Youth Basketball See Contract Class Instructor Explanation- Smart& Final Food, Rest. Supp. Good.prices, specialized products for City events Southwest Sales T-Shirt Printing Consistent low bidder, provides quality and timely service and is'a Diamond Bar Vendor Water Supplies & SparklettsEquipment Rental_Water' Consistently provides good service _ Sport Pins International, Inc. Pins Consistently low bidder Star Auto Service Vehicle Maintenance Provides quality and timely service at competitive prices Page 7 Attachment 3 . Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2011 through January 31, 2012 Vendor Product Explanation Steven Yuan Contract Class Instructor- **See Contract Class Instructor Explanation Skateboarding Stitches Uniforms Staff Uniforms Lowest price for Birthday shirts 3 years in a row Stubbies Promotions Promo Items Often a low bidder providing quality, timely merchandise. Has artwork on file for a variety of items Subway Meeting Supplies Consistently provides good service in a timely manner Surendra Mehta Contract Class Instructor- **See Contract Class Instructor Explanation Yoga/Wellness .Tennis Anyone Contract Class Instructor- **See Contract Class Instructor Explanation Tennis The Whole Enchilada Meeting Supplies Consistently provides good service in a timely manner including delivery Tim Smith Contract Class Instructor- **Guitar See Contract Class Instructor Explanation Tina Chan Contract Class Instructor- Chang Dance &Martial Arts **See Contract Class Instructor Explanation Event banners, flyers, Consistent low bidder, provides quality and timely service The Sauce Creative Services apparel & promotional items and has artwork on file for a variety of items Contract Class Instructor- Theresa Winecki Adult Fitness (Bootcamp, **See Contract Class Instructor Explanation Zumba Ton Wan Contract Class Instructor- Tony g Adult Computer **See Contract Class Instructor Explanation Traffic Control Service Traffic Signs & Poles Traditionally been low bidder and ability to provide supplies in a timely manner Traffic Operations Inc Street Striping Most responsive supplier for low quantity orders Trane HVAC Controls Proprietary controls at the DBC and Heritage Community centers Trench Plate Rental Co Steel Plates & K-Rails Rental Responds to after hours emergency services Tri-City Pools DBC Fountain service Lowest bidder, familiar with City equipment Youth Sports Contract TriFytt Sports **Class See Contract Class Instructor Explanation United Pumping Services Inc Hazardous Waste Only local vendor for hazardous waste clean ups Removal United Site Services Special Event Only vendor to respond for the last three years for special Restrooms &Sinks events Valley Trophy Youth Trophies Traditionally lowest Price from bids Ww Grainger, Inc. Specialty Supplies Local vendor with specialty repair materials. Walnut Hills Fire Protection Fire extinguisher repair Familiar with City equipment, great service Page 8 i Attachment 3 Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2011 through January 31, 2012 Vendor Product Explanation Walnut Vly Unified Schl Distr. Rental Facility-Contract Facility Use Agreement signed September 1992 Classes& Sports Waxie Sanitary Supply Janitorial supplies Competitive pricing, offers periodic training WellDune Rx Sharps recycling svcs. Vendor works with Waste Management Weisenbach Recycled Products Recycling Promotional Items Ability to provide a wide variety of promotional items made from recycled materials White Cap Road Maint Materials & Only local vendor specialized in street construction Equipment materials World Wide Bingo Bingo supplier Lowest price in 3 years of bidding and great service l: Yosemite Water Water Supplies& Responsive supplier for low quantity orders Equipment Rental jContract Class Instructor- **See Contract Class Instructor Explanation Young Rembrandts Youth Art Classes p Young S. Kim Contract Class Instructor- **Youth Taekwondo See Contract Class Instructor Explanation **Instructor meets the requirements of the contract class program: successful completion of instructor application, supplemental questionnaire, class proposals, background check and quarterly quality review of classes. i .. Page 9 Agenda # 6 .5 Meeting Date: January 18, 2011 CITT CITY COUNCIL AGENDA REPORT �n72POR��� x98 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man r TITLE: AUTHORIZE CITY MANAGER T CONTINUE CONSULTING SERVICES WITH INTELLIBRIDGE PARTNERS TO PROVIDE INTE IM DIRECTOR OF FINANCE SERVICES THROUGH JUNE 30, 2011 NOT TO EXCEED A TOTAL COST OF $70,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: None. The total cost will be offset by salary savings realized from the vacant Director of Finance position. The request for City Council authorization is in the amount of $45,000 and the total cost of services not to exceed $70,000 includes the City Manager's authority of$25,000. BACKGROUND/DISCUSSION: On December 30, 2010, the City's first and only Finance Director retired after 21 years of service. In preparation of her departurelthe City retained the services of Intellibridge Partners to provide interim Director of Finance services until a new Director is hired. Mr. Glenn Steinbrink was selected for the assignment as he comes with 37 years of experience in the field of Finance and 26 years specifically in municipal finance. He has held virtually every position within a municipal Finance department and retired from the City of Fullerton as the Director of Administrative Services. Upon review and content approval by the City Attorney the Letter of Agreement with Intellibridge Partners was executed under City Manager authority on November 16, 2010. As it is anticipated that the recruitment process for the new Director of Finance will be concluded by March and a new Director hired no later than May 2011, Mr. Steinbrink's services will likely be necessary until then. At an average of 25 hours per week and an hourly billing rate of $110.00, the City Manager's $25,000 authority will be exhausted by the end of February. Therefore, it is recommended that the City Council authorize the City Manager to continue consulting services with Intellibridge Partners to provide interim Director of Finance services through June 30, 2011 not to exceed a total amount of$70,000. PREPARED BY: Vicki Cross, Human Resources Manager REVIEW Y• David Doy e, Assistant City Manager Attachment: Letter of Agreement— Intellibridge Partners '> . IntelliBridge One Firm.A8 Angles' Partners .i November 15,2010 Jim DeStefano City of Diamond Bar 21825 Copley Drive Diamond Bar,CA 91765 Dear Mr.DeStefano: In accordance with your request, we are presenting this proposal to provide on-demand services to the City of Diamond Bar: 'You have indicated you will require the services of a Finance Director for approximately six months: We propose to satisfy your requirements by providing the services of Glenn Steinbrink, Following is some important information about our services: r 1. RESPONSIBILITY: On.-demand staff shall report directly to Jim DeStefano during this assignment. It is understood that the management of your organization is responsible for the substantive outcome of the work and,therefore,has a responsibility to be in a position in fact and,appearance to make an informed judgment on the results of these services. 2. EMPLOYEE: On-demand staff will at all times be an employee of IntelliBridge Parineis. 3. INSURANCE: IntelliBridge Partners.maintains general liability,automobile liability, excess liability,workers compensation and employers' liability,and.professional ; liability insurance. Certificates of Insurance are available upon request. 1 4. HOLD HARMLESS/R DEMNI FICATION:To the extent permitted bylaw, IntelliBridge Partners LLC agrees protect,defend,hold harmless and indemnify the ! City of Diamond Bar,its City Council,commissions,officers,employees,volunteers and agents from and against any claim,injury,liability,loss,cost, and/or expense or damage,including all costs and reasonable attorney's fees in providing a defense to any claim arising from IntelliBridge Partners negligent,reckless or wrongful acts, errors,or emissions with respect to or in any way connected with the services performed by IntelliBridge Partners pursuant to this agreement excepting such loss or damage which is caused by the negligence or willful misconduct of the City. V')�. :, :,l:i�.y.:rr 5•r:;et.+t:: oisr Dow st+>•et,!x_Oho 3 a J Strrmt,5tr.yt, ,_ ,, ,5 Sal riCrsta,( �SrtG Lr,?,i i,elae,CAgnµrr �l::wµur tr•:ch.CA gaSraJ Y r x�3s t; , ?�:a..agt,.4se� intellibridgepartners.com r.! rc?9.Court at It Ey,i,lis,: 4,:o Via,Brr,J.uv;ay,St�.'r`r w dal tr!art rbt,r A 9,59 $.,)a -`+m n::,:`.rA ya•ro, :r,•n.a;nc 31C:._''i'-3373 611%.:i73.1113 I , Jim DeStefano City of Diamond Bar Page 2 5. RATES: The billing rate for these services is$110 per hour. Overtime will be billed at time-and-a-half. Any work performed in excess of 12 hours per day will be billed at double-time. The base billing rate will increase 5 percent on the annual commencement date of employment(e.g. every 12 months). 6. BILLING: Services will be billed once a month on approximately the first day of the month. 7. EXTENSION: These services may be extended by our mutual agreement. 8. TERMINATION OR REDUCTION OF SERVICES: At any time during the performance of these services,you may terminate or significantly reduce these services for any reason with two weeks notice. Although you will have day-to-day contact with our on-demand staff,please provide information about any changes or termination directly to Mindy Jacobs at miacobs@intellibridgepariners.com or 949- 296-4315. 9. GUARANTEE: If you are not satisfied with the services provided,you may discontinue the services at no charge on the first day of service. If this should occur, please notify me by telephone by 5:00 p.m. on the first day of service. If the services are continued beyond the first day,you are responsible to pay for each hour of service provided and it is understood that no credit or refund can be given for any reason. It is your responsibility to monitor the performance of the on-demand staff to the degree necessary to ensure satisfaction with the services provided. 10.RECRUITMENT FEE: Our on-demand services are made possible as a result of sustained expenses in developing and maintaining a qualified staff of interim/on- demand employees. Therefore,your utilization of our staff is on an interim basis. Should you hire our staff on a permanent basis (either full-time or part-time) or contract with them directly for any services either(a) during this interim assignment or(b)within one year following the termination of this interim assignment,you agree to imtnediately notify IntelliBridge Partners and to pay a recruitment fee according to the following schedule. Length of Assignment Recruitment Fee 1—500 hours $15,000 501- 1000 hours $7,500 Over 1000 hours no fee Additionally, should you refer our staff for an interim or contract assignment to any other entity, associate or business acquaintance during the •' q g tune period specified above then e o you agree t give immediate notice to y . gr Inte]liBrid �e Partner o �. g s f such written referral and you also agree to pay a recruitment fee according.to the schedule above within thirty(30)days of a hiring or contracting by such other entity. . a Jim DeStefano City of Diamond Bar Page 3 Thank you for the opportunity to provide this proposal. Please call if you would like to discuss.our proposal in more detail. Please acknowledge acceptance of our proposal by signing and returning one copy of this letter for our files. Very truly yours, LNUI LLTBRIDGE PARTNERS ACCEPT ANC Signature' r \-�Y- Print Name: James DeStefano. Sharon Kropf,Regional Manager Title: City Manager 3000 S Street,Suite 300 Sacramento,CA 95816 Date: Nov. 16, 2010 (916)642-7116 direct (916)779-3554 fax Email: sicropf@intellibridgeparluers.com i i i i i r.. i Agenda # 6 . 6 (a) Meeting Date: ✓anztaij 17, 2010 CITY COUNCILAGENDA REPORT ~Z.9 P1�; TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man r TITLE: Approve appropriation of$50,000 f unallocated Community Development Block Grant (CDBG) funds to the ity's Home Improvement Program I� (HIP) RECOMMENDATION: Approve FINANCIAL IMPACT: The FY 2010-11 CDBG Program Budget includes a $100,000 allocation to the City's Home Improvement.Program (HIP). The City has $50,000 of unallocated CDBG funds available to be appropriated to the City's HIP for a total HIP allocation of $150,000. The appropriation of $50,000 to the City's Home Improvement Program (HIP) will provide an additional $41,000 in construction funds and an additional $9,000 for program administration costs. There is another item on tonight's agenda which requests Council authorize an increase to the City's HIP administrator's contract in the amount of$8,200. CDBG Program does not impact the City's General Fund budget. DISCUSSION The City has a Home Improvement Program that is funded with federal CDBG funds. The Program provides no interest loans of up to $10,000 and $5,000 grants to qualified homeowners to fund home improvements. The primary purpose of the program is to provide funding to cure health and safety code violations, provide disability access and accommodations, and install energy efficient improvements. The City continues to have a number of residents interested in participating in the Home Improvement Program and there is currently a waiting list of funding applications. If approved by Council the additional appropriation will be used to fund additional residential improvement projects as well as provide funds for the additional program administration. PREPA Y: David Doyle, Asst. _,' y Manager Agenda # 6. 6 (b) Meeting Date: May 4, 2010 CITY COUNCIL n ` ' AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: Authorize the City Manager to appr ve Amendment No. 3 to the three- year Professional Services Agreement with SJC 3 Consultants in the amount of $8,200 for a not to exceed amount of $60,700 to administer the City's Home Improvement Program (HIP). RECOMMENDATION: Approve FINANCIAL IMPACT: The FY 2010-11 Community Development Block Grant (CDBG) Program Budget includes a $100,000 allocation to the City's Home Improvement Program (HIP). The City has another $50,000 of unallocated CDBG funds available to be appropriated to the City's HIP. Another item on tonight's agenda requests Council appropriate $50,000 of CDBG funds to the HIP program including $41,000 for construction and $8,200 for Program administration costs. Per CDBG guidelines, the maximum amount available for administrative costs is 20% of the HIP program budget. By increasing the program budget to $141,000 to provide more funds for improvement projects, the HIP administrator's contract may be increased to $28,200. The actual amount of funds spent will be based on the workload and actual hours worked. CDBG Program does not impact the City's General Fund budget. BACKGROUND: The purpose of the Home Improvement Program is to preserve and enhance single family residential neighborhoods throughout the City. Through the provision of grants and loans, eligible homeowners of single family detached dwellings can correct hazardous structural conditions; make modifications necessary to provide handicapped access; improve the overall exterior appearance of the home; and correct exterior code violations. Individuals must meet the County's guidelines for low or moderate income to be eligible to participate in the program Eligible participants may apply for grants of up to $5,000 and deferred loans of up to $10,000 for repairs to owner-occupied homes. DISCUSSION In July 2009 the City entered into a three-year agreement with SJC3 Consulting (SJC3) to administer the Program for an amount not to exceed $20,000 each fiscal year. In April 2009, the City Manager approved amendment number 1 to the agreement in the amount of $5,000 for a total contract of $25,000. The increase was within the City Manager's spending authority and was required due to a large number of applicants that needed to be reviewed and processed. In May 2010, City Council approved amendment number 2 to the SJC3 contract in the amount of $12,500 for a total authorization of $32,500. On July 1, 2010 the City started a new fiscal year and all of the expenses from the previous year were completed, per CDBG guideline. On July 1, 2010 the Council appropriated $100,000 for the HIP program which included $20,000 for the HIP Consultant to administer the program. Another item on tonight's agenda request the Council appropriate an additional $41,000 to the HIP program for construction. In order to process the additional applicants and supervise the construction, the consultant's contract needs to increase by $8,200. If approved, the total cost of the consultant contract since 2009 is $60,700 ($32,500 for FY 2009-10 and $28,200 for FY 2010-11). PREPARED BY: David Doyle, ss City Manager AMENDMENT NO. 3 TO THE CONSULTING SERVICES AGREEMENT WITH SJC3 CONSULTING FOR MANAGEMENT ANDADMINISTRATION OF THE CITY'S HOME IMPROVEMENT PROGRAM (HIP) FUNDED THROUGH FEDERAL CDBG FUNDS This Amendment to the Consulting Services Agreement is made and entered into this 17th day of January 2011 , between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and SJC 3 CONSULTANTS (hereinafter referred to as "CONSULTANT".) A. Recitals: (i) The CITY has heretofore entered into an agreement, dated July 7, 2009, with CONSULTANT to provide planning consulting services (hereinafter referred to as the 'AGREEMENT".) (ii) The AGREEMENT specifies that it is for services with a cost not-to-exceed $20,000 for FY 2009-10 (iii) It is in the City's best interest to amend the AGREEMENT to increase the not-to- exceed amount for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Paragraph No. 3 of the AGREEMENT is hereby amended to read as follows: 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit "A" with a not to exceed maximum of SIXTY THOUSAND SEVEN HUNDRED DOLLARS ($ 60,700) in Community Development Block Grant (CDBG) funds for the services performed. Section 2: Each party to this Amendment acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment shall be valid and binding. Any modification of this Amendment shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 as of the day and year first set forth above: City Of Diamond Bar SJC 3 Consulting BY: James DeStefano, City Manager Regina Collins, Principal ATTEST Tommye Cribbins, City Clerk 2 Agenda # h , 7 Meeting Date: January 18, 2011 czr CITY COUNCIL AGENDA REPORT INCn12PORK' TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: APPROVE PLANS AND STC IFICATIONS AND AWARD CONSTRUCTION CONTRACT FOR THE 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT TO CJ CONSTRUCTION, INC. IN THE AMOUNT OF $62,000.00 AND AUTHORIZE A CONTINGENCY AMOUNT OF $15,000.00 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $77,000.00. RECOMMENDATION: Approve plans and specifications and award the contract. FINANCIAL IMPACT: The current Fiscal Year 2010-2011 Budget has $116,617.00 of Community Development Block Grant (CDBG) funds appropriated for the curb ramp installation project. To date, approximately $39,240.00 has been encumbered for design and construction administration services of the project. BACKGROUND/DISCUSSION: The project includes the complete construction of 40 new and upgraded curb ramps in the vicinity of Adel/Gerndal, Calbourne, and Golden Prados Neighborhoods. The Adel/Gerndal Neighborhood is bounded to the north by Golden Springs Drive, Brea Canyon Road to the west and SR-57 Freeway to the south and east. The Calbourne neighborhood is bounded to the south by Golden Springs Drive, to the west by Calbourne Drive, to the north by the SR-60 freeway, and to the east by Lemon Avenue; and the Golden Prados Neighborhood is bounded to the west by the Los Angeles County Golf Course, to the south by Golden Prados Drive, to the east by Golden Springs Drive, and to the north by Prospectors Road. 1 The project went out for bids on November 29, 2010 and bids were opened on December 21, 2010. There was one addendum issued for the project and it was issued due to the Federal Wage Decision modification that occurred after the project was advertised. The project was estimated to cost $80,800.00. A total of sixteen (16) bids were received for the project. The results of the bids were as follows: Company Bid Amount 1. CJ Construction $ 62,000.00 2. Black Rock Construction $ 69,000.00 3. LSC Construction $ 69,510.00 4. VAP Construction $ 69,550.00 5. SJ Grigolla Construction $ 75,660.00 6. Martinez Concrete, Inc. $ 76,610.00 7. HYM Engineering, Inc. $ 78,020.00 8. Kormx, Inc. $ 78,320.00 9. Gentry Brothers, Inc. $ 79,300.00 10. ACE Construction & Design $ 81,640.00 11. JDC, Inc. $ 82,800.00 12. Norbest, Inc. $ 90,000.00 13. Hardy & Harper, Inc. $ 90,520.00 14. United Paving, Co. $ 100,711.80 15. B&T Works, Inc. $ 108,200.00 16. G Coast Construction $ 158,500.00 Key aspects of requirements placed upon the contractor include: ® Completion of all work within thirty (30) calendar days ® Liquidated damages of$500.00 per day for non-conformance e Compliance with Community Development Block Grant ® Labor compliance with Davis-Bacon Act The Public Works Department has checked the contractor license and bid bond of CJ Construction with the Contractor State License Board and found them valid. A total of five (5) references were contacted and all of them gave excellent feedback on CJ Construction. The project schedule is tentatively set as follows: Award of Contract January 18, 2011 Start of Construction February 1, 2011 Completion of Construction March 2, 2011 PREPARED BY: DATE PREPARED: Erwin Ching, Assistant Engineer January 12, 2011 REVIEWED B Davi G. Liu, irector of Public Works ATTACHMENTS: Contract 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 CJ Construction hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR CJ Construction and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the 2010-2011 Community Development Block Grant Curb Ramp Installation Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: I. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the 2010-2011 Community Development Block Grant Curb Ramp Installation Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated November 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 full herein. The Pians and Specifications, CONTRACTOR'S Bid dated December 21, 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 1 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; 2 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: Since this is a Federally assisted construction project, Davis-Bacon will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. The Federal Labor Standards Provisions (Form HUD-4010) and the Federal Wage Determination are attached and made part of this agreement, and compliance will be enforced. 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. 3 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 4 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. 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. 5 10. CONTRACTOR'S WARRANTY OF COMPLIANCE WITH -COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM: A. The Contractor acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Contractor qualifies for an exemption or exclusion, the Contractor warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Contract will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. B. Failure of the Contractor to maintain compliance with the requirements set forth in the "COUNTY's DEFAULTED PROPERTY TAX REDUCTION PROGRAM" shall constitute default under this Contract. Without limiting the rights and remedies available to the City under any other provision of this Contract, failure of the Contractor to cure such default within 10 days of notice shall be grounds upon which the City may suspend or terminate this contract pursuant to the County's Defaulted Property Tax Reduction Program found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated December 21,2010. 13. ATTORNEY'S FEES: In the event that any action or proceedings is brought by either party to enforce any term of provision of the agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 14. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 6 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. By: TITLE Date CITY OF DIAMOND BAR, CALIFORNIA By: STEVE TYE, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date 7 Agenda # y.8 Meeting Date: Jan. 18, 2011 CIT r CITY COUNCIL f�crs ' AGENDA REPORT Pow TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana r TITLE: ADOPT RESOLUTION NO. 2011-XX APPROVING THE 2010 CITYWIDE SPEED ZONE SURVEY UPDATE AND APPROVE FOR FIRST READING BY TITLE ONLY ORDINANCE NO. OX-2011 AMENDING SECTION 10.12.310 OF THE DIAMOND BAR MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS FOR CERTAIN CITY STREETS. RECOMMENDATION: Adopt resolution approving the Citywide Speed Zone Survey Update and introducing Ordinance No. OX-2011 for first reading by title only. FISCAL IMPACT: Minor material costs for the speed limit signs will be incurred.These funds are available in the current Public Works Maintenance budget. BACKGROUND/DISCUSSION: In order to legally establish and enforce speed limits,the California Vehicle Code (CVC) requires that speed limits be developed on the basis of a traffic and engineering speed zone study. A variety of criteria are considered in this process, including: prevailing vehicle speeds, number of accidents, traffic volumes, roadway design, safe stopping distance, pedestrian traffic, and other conditions not readily apparent to motorists. The CVC also requires that the speed zone study be updated at least every seven (7)years if radar is used for speed limit enforcement. If local agencies do not conform to these provisions, any citations written on the affected roadways would not.be enforceable in court. The current speed zone study (dated August 3, 2004) must be updated on or before August 2011 to reflect any roadway segments that have experienced significant changes in roadway or traffic conditions. Our traffic engineer, Warren C. Siecke, has evaluated the City's entire roadway network and completed an update of the speed zone study. The study's recommended speed limits are summarized in the attached exhibit titled "Proposed Speed Limits 2010". The roadway segments that were identified as being subject to significant roadway or traffic conditions are identified in the attached Table 1. Additional roadway segments along Bridgegate Drive and Valley Vista Drive were not originally part of the speed zone study but were included with this update and are identified in the attached Table 2. Staff presented the speed zone study update report to the Traffic and Transportation Commission at their January 13th meeting. The Commission concurred with staff to forward the speed zone study to the City Council for adoption and amendment of the municipal code. Based on the results of the speed zone study update, the existing citywide speed limits shall remain unchanged with the exception of the following: Street Limits Existing Speed Proposed Speed Brea Can on Road North City Limit to Lycoming St. 45 mph 40 mph Decrease Bride ate Drive Coplev Drive to Valley Vista Drive Not Posted 35 mph N/A Golden Springs Dr West Ci Limits to Lemon Avenue 50 mph 45 mph Decrease Valley Vista Dr GatewaV Center Dr.to Bride ate Dr. Not Posted 35 mph N/A Washington Street Brea Canyon Road to Northeast City 40 mph 35 mph Decrease Limit The speed limit reduction to 40 miles per hour on Brea Canyon Road between the north City limit and Washington Street is recommended because of lower 85th percentile speeds and the changed condition of the roadway due to the completion of the grade separation project just north of Washington Street. The speed limits on the segments of Bridgegate Drive and Valley Vista are recommended at 35 miles per hour because of the recorded 85th percentile speeds. The recommended speed limit reduction to 45 miles per hour on Golden Springs Drive between the west City limit and Lemon Avenue is recommended based on the 85th percentile speeds. In addition, the 45 miles per hour speed limit will be consistent with the speed limit in the adjacent jurisdiction. I The recommended speed limit reduction to 35 miles per hour on Washington Street between Brea Canyon Road and the City limit is based on the 85th percentile speeds. The proposed amendment to Title 10 of the Municipal Code includes the aforementioned speed limit changes. PREPARED BY: Christian Malpica-Perez,Associate Engineer Date Prepared: January 10,2011 REVIEWED BY: David G. Liu Director of Public Works Attachments: Proposed Speed Limits 2010 Table 1 (Locations with significant changes in roadway or traffic conditions since 2004) Table 2(Locations not previously surveyed) Ordinance No.2011-XX Resolution No.2011-XX T h y (D City Of Diamond Bar Highland �\,d' 41,le�/ RoadVal -le--_ 50 e�o0e Avenida 45 PROPOSE® SPEED LIMITS �m Rod eI os o� � ---Del Sol 2010 _ Rood 45 Lane 40 �n9 25 0 Sunset cross 00 35 o Freeway. 45 SCALE: NONE —Platina 40 40 Drive c 40 a tci 40 ok�•�� ok 40 K�j DD�iiave°_� / Gold Rush 35 �% �Dr i ve �Washi•ngton 45 0 40 40 Street 45 Sec o Walnut a 35 °\ ° Dr..� LYcomin� 40 Frgev+oy Cn 40• Street a 45 o p0mon0 Dr. 45 � s 40 45 SPr�n9 40 c 35 w--C ie e�oe �—Surtmitridge f 01 Drive ive25 Drive �0 35 45 J " Montefina 45 �aec 45 -----Gate Avenue 45 --�/o vo 35Center Drive 35 'Bridge �° D Gate.Drive J . L Valley a o \ m °j Vista Drive 45 o- cc \ !D aec 45 40 c ° 45 0 a ( ECee,�oy \ Qo m P° City of Pom0�° V 40 Y is---Fountain ° \y D Springs 50 \ G cV\`n0 Canyon 45 0 Rood \ m v Pv Cutoff• �+ 40 r o / 45 \` \' S0 45 \ ,g---Copper 50 Canyon .:Drive... V RESOLUTION 2011-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING FOR THREE YEARS THE 2004 CITYWIDE SPEED ZONE SURVEY RELATIVE TO STREETS FOUND TO HAVE NO SIGNIFICANT ROADWAY OR TRAFFIC CHANGED CONDITIONS AND ADOPTING THE 2010 SPEED ZONE SURVEY FOR STREETS SPECIFIED THEREIN RECITALS (1) California Vehicle Code Section 40803(b)provides, in pertinent part, as follows: "In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2)of subdivision (a)of Section 40802." (ii) California Vehicle Code Section 40802(c)provides, in pertinent part, as follows: "(2)A"speed trap" is either of the following: (A) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (B) (i) A particular section of a highway or state highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within one of the following time periods, prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects: (1) Except as specified in subclause(11), seven years. (II) If an engineering and traffic survey was conducted more than seven years prior to the date of the alleged violation, and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, 10 years." (iii)The City of Diamond Bar desires to continue to use radar and other electronic devices to measure the speed of moving objects in order to protect the lives and property of motorists utilizing City streets and to improve the enforcement of speed limits within the City of Diamond Bar. 1 (iv) On August 3, 2004, the City of Diamond Bar adopted a Citywide Speed Zone Survey("2004 Survey')per City Council Resolution 2004-47. (v) The City's Traffic Engineering Consultant is a registered engineer and has reviewed the 2004 Survey pursuant to California Vehicle Code Section 40802 (c) (2) (B) (i). (vi) In the 2010 Speed Zone Study ("2010 Study"), the City's Traffic Engineering Consultant conducted engineering and traffic surveys to determine whether any significant changes in roadway or traffic conditions have occurred on certain City street segments since the adoption of the 2004 Survey. The 2010 Study also establishes and justifies prima facie speed limits on Bridgegate Drive (from Copley Drive to Valley Vista Drive) and Valley Vista Drive (from Gateway Center Drive to Bridgegate Drive)within the City. (vii) The results of the City's Traffic Engineering Consultant's survey are published in the 2010 Study, dated November 10, 2010. The 2010 Study is attached hereto as Exhibit'A"and incorporated by this reference as though fully set forth herein. RESOLUTION NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. In all respects as set forth above in the Recitals of this resolution; 2. For the streets on which the City's Traffic Engineering Consultant determined that no significant changes in roadway or traffic conditions have occurred since the 2004 Survey, pursuant to Vehicle Code section 40802(c), the 2004 Surve� shall be effective for an additional three years and shall expire on the 10 h day of November 2013. 3. For the streets on which the City's Traffic Engineering Consultant determined that significant changes in roadway or traffic conditions have occurred since the 2004 Survey was adopted (including Bridgegate Drive from Copley Drive to Valley Vista Drive and Valley Vista Drive from Gateway Center Drive to Bridgegate Drive), the Speed Zone Study submitted by the City's Traffic Engineering Consultant dated November 10, 2010, and attached hereto as Exhibit 'A" is hereby adopted and approved, and shall expire in seven years on the 10`h day of November, 2017. -2- The City Clerk shall certify to the adoption of this Resolution. PASSED,APPROVED AND ADOPTED this 18th day of January, 2011. Steve Tye, Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of January 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: TOMMYE CRIBBINS, City Clerk City of Diamond Bar 3 TABLE 1 LOCATIONS WITH SIGNIFICANT CHANGES IN ROADWAY OR TRAFFIC CONDITIONS SINCE 2004 STREET LIMITS Brea Canyon Road Washington Street to L co ing Street Brea Canyon Road Lycomin Street to Golden Springs Drive Brea Canyon Road Golden Springs Drive to Via Sorella Brea Canyon Road Diamond Bar Boulevard to Copper Canyon Drive Brea Canyon Road Co er Can on Drive to South City Limit Brea Canyon Cut-Off West City Limit to Fallowfield Drive Brea Canyon Cut-Off Fallowfield Drive to Brea Canyon Road Chino Avenue Chino Hills Parkway to East City Limit Chino Hills Parkway Chino Avenue to South City Limit Diamond Bar Boulevard Cold Springs Lane to Fountain Springs Road Diamond Bar Boulevard Mountain Laurel Way to Grand Avenue Diamond Bar Boulevard Highland Valley Road to Temple Avenue Golden Springs Drive West City Limit to Lemon Avenue Golden Springs Drive Lemon Avenue to 900'west of Gona Ct. Golden Springs Drive 900'west of Gona Ct.to Brea Canyon Road Golden Springs Drive Copley Drive to Grand Avenue Golden Springs Drive Grand Avenue to Sabana Drive Golden Springs Drive Diamond Bar Boulevard to Platina Drive Golden Springs Drive S Ivan Glen Road to Sunset Crossing Road Golden Springs Drive Sunset Crossing Road to Avenida Rancheros/Temple Avenue Grand Avenue West City Limit to Golden Springs Drive Grand Avenue Golden Springs Drive to Montefino Drive Grand Avenue Montefino Drive to Diamond Bar Boulevard Grand Avenue Diamond Bar Boulevard to Rolling Knoll Road Grand Avenue Rollinq Knoll Road to Summitrid a Drive Grand Avenue Summitrid a Drive to East City Limit Lemon Avenue North City Limit to Golden Springs Drive Lycoming Street Lemon Avenue to Brea Canyon Road Sunset Crossing Road West City Limit to Diamond Bar Boulevard Washin ton Street Brea Canyon Road to Northeast City Limit Engineering and traffic surveys were also conducted on the highway segments listed in Table 2 as no speed limit had been previously established. TABLE 2 LOCATIONS NOT PREVIOUSLY SURVEYED STREET LIMITS Bride ate Drive Copley Drive to Valley Vista Drive Valley Vista Drive Gateway Center Drive to Bride ate Drive iii EXHIBIT A CITY OF DIAMOND BAR SPEED STUDY (ENGINEERING AND TRAFFIC SURVEY) NOVEMBER 10, 2010 Adopted by Diamond Bar City Council Resolution No. 2004-47 Date:August 3,2004 Amended by Diamond Bar City Council Resolution No. 2010-00 Date: ---------,2010 CITY OF DIAMOND BAR SPEED ZONE STUDY (ENGINEERING AND TRAFFIC SURVEY) NOVEMBER 10, 2010 Adopted by Diamond Bar City Council Resolution No. 2004-47 Date:August 3,2004 Amended by Diamond Bar City Council Resolution No. 2010—00 i Date: ---------,2010 I, Warren C. Siecke, am a Registered Traffic Engineer, Number 823, in the. State of California. I certify that this Engineering and Traffic Survey, prepared for the City of Diamond Bar, has been conducted in compliance with guidelines contained in the California Vehicle Code,the California Department of Transportation Traffic Manual and the California Manual on Uniform Traffic Control Devices. Data presented in the report represents a true and accurate description of traffic conditions existing on Diamond Bar city streets. C / �Q�41fESS1 Date Warren C.Siecke, P.E C` Consultant Traffic Engineer . R.T.E.823 & No 823 iS sT FV. `Q 9 OqF CAL\F TABLE OF CONTENTS ITEM PAGE EXECUTIVE SUMMARY i EXISTING AND PROPOSED SPEED LIMITS iv DEFINITIONS v INTRODUCTION 1 CERTIFICATION 1 REGULATIONS GOVERNING SPEED LIMITS 3 APPLICABLE VEHICLE CODE SECTIONS 3 STUDY METHOD. 12 TRAFFIC DATA SUMMARY 14 ANALYSIS AND RECOMMENDATIONS 22 REFERENCES 29 APPENDIX A-CITY COUNCIL RESOLUTION A-1 APPENDIX B-ENGINEERING AND TRAFFIC SURVEY FORMS B-1 TABLES 1. AVERAGE MIDBLOCK ACCIDENT RATES 13 2. TRAFFIC DATA SUMMARY 1.4 EXECUTIVE SUMMARY This report presents the results of a traffic and engineering study for establishment of speed limits on city streets as required by Sections 22357 and 22358 of the California Vehicle Code. The review included radar surveys of prevailing vehicle speeds at various locations along the length of each street, recent traffic counts and an analysis of reported traffic accidents. The report amends the Speed Zone Study report adopted by the City of Diamond Bar City Council on August 3, 2004. It also supersedes certain sections of that report. The purpose of this amendment is to revise those certain sections as necessary to certify the validity of the study for a ten year period in conformance with California Vehicle Code (CVC) Sections 40801 and 40802. In addition, it includes the required engineering and traffic survey required to establish speed limits on Bridgegate Drive and Valley Vista Drive. California Vehicle Code (CVC) Sections 22357 and 22358 give cities the authority to determine speed limits on streets within their jurisdiction on the basis of an engineering and traffic survey. CVC Section 627 defines the engineering and traffic survey as a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. The survey requires consideration of prevailing speeds as determined by traffic engineering measurements, accident records highway, traffic, and roadside conditions not readily apparent to the driver, residential density and pedestrian and bicyclist safety. CVC Section 40801 prohibits peace officers from using speed traps to enforce speed limits. Section 40802 defines speed traps as either: (A) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined.in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (B) A particular section of a highway with a prima facie speed limit that has not been established on the basis of a traffic and engineering survey within seven years or within ten years if a registered engineer evaluates the section of highway and determines that no significant changes in roadway or traffic conditions have occurred including but not limited to changes in adjoining property or land use, roadway width or traffic volume. The guidelines for establishment of speed limits as prescribed in the California Manual on Uniform Traffic Control Devices(MUTCD)state that speed limits should be set at the five-mile per hour increment nearest the 85th percentile speed except where certain extenuating circumstances justify a five-mile per hour reduction. The 85th percentile speed is defined as the speed at which 85 percent of the vehicles are not exceeding. CERTIFICATION This study was conducted in accordance with the appropriate sections of the California Vehicle Code and the California Manual on Uniform Traffic Control Devices(MUTCD). Each of the highway segments included in the 2004 Speed Zone Study were reviewed to determine if significant changes in roadway or traffic conditions have occurred i including but not limited to changes in adjoining property or land use, roadway width or traffic volume. As part of the citywide speed zone study update, all roadways were evaluated but only those roadway segments which experienced significant change required further analysis with additional traffic data (See Table 1). For those roadway segments that did not experience significant change, the speed limits established in the 2004 Speed Zone Study shall remain valid. For those roadway segments that experienced significant change,only the following speed limits are being proposed as changes: Street Limits Existing Speed Proposed Speed Brea Canyon Road North City Limit to Washington St. 45 mph 40 mph Decrease Bride ate Drive Copley Drive to Valley Vista Drive Not Posted 35 mph N/A Golden Springs Dr West City Limits to Lemon Avenue 50 mph 45 mph Decrease Valley Vista or Gateway Center Dr.to Bride ate Dr. Not Posted 35 mph N/A Washington Street Brea Canyon Road to Northeast City 40 mph 35 mph Decrease Limit The speed limit reduction to 40 miles per hour on Brea Canyon Road between the north City limit and Washington Street is recommended because of lower 85th percentile speeds and the changed condition of the roadway due to the completion of the grade separation project just north of Washington Street. The speed limits on the segments of Bridgegate Drive and Valley Vista Drive are recommended at 35 miles per hour because of the recorded 85th percentile.speeds. The recommended speed limit reduction to 45 miles per hour on Golden Springs Drive between the west City limit and Lemon Avenue is recommended based on the 85th percentile speeds. In addition, the 45 miles per hour speed limit will be consistent with the speed limit in the adjacent jurisdiction. The recommended speed limit reduction to 35 miles per hour on Washington Street between Brea Canyon Road and the City limit is based on the 85th percentile speeds. ii TABLE 1 LOCATIONS WITH SIGNIFICANT CHANGES IN ROADWAY OR TRAFFIC CONDITIONS SINCE 2004 STREET LIMITS Brea Canyon Road Washington Street to Lycoming Street Brea Canyon Road Lycoming Street to Golden Springs Drive Brea Canyon Road Golden Springs Drive to Via Sorella Brea Canyon Road Diamond Bar Boulevard to Copper Canyon Drive Brea Canyon Road Copper Canyon Drive to South City Limit Brea Canyon Cut-Off .West City Limit to Fallowfield Drive Brea Canyon Cut-Off Fallowfield Drive to Brea Canyon Road Chino Avenue Chino Hills Parkway to East City Limit Chino Hills Parkway Chino Avenue to South City Limit Diamond Bar Boulevard Cold Springs Lane to Fountain Springs Road Diamond Bar Boulevard Mountain Laurel Way to Grand Avenue Diamond Bar Boulevard Highland Valley Road to Temple Avenue Golden Springs Drive West City Limit to Lemon Avenue Golden Springs Drive Lemon Avenue to 900'west of Gona Ct. Golden Springs Drive 900'west of Gona Ct.to Brea Canyon Road Golden Springs Drive Copley Drive to Grand Avenue Golden Springs Drive Grand Avenue to Sabana Drive Golden Springs Drive Diamond Bar Boulevard to Platina Drive Golden Springs Drive Sylvan Glen Road to Sunset'Crossing Road Golden Springs Drive Sunset Crossing Road to Avenida Rancheros/Temple Avenue Grand Avenue West City Limit to Golden Springs Drive Grand Avenue Golden Springs Drive to Montefino Drive Grand Avenue Montefino Drive to Diamond Bar Boulevard Grand Avenue Diamond Bar Boulevard to Rolling Knoll Road Grand Avenue Rolling Knoll Road to Summitrid a Drive Grand Avenue Summitrid a Drive to East Ci Limit Lemon Avenue North City Limit to Golden Springs Drive Lycoming Street Lemon Avenue to Brea Canyon Road Sunset Crossing Road West City Limit to Diamond Bar Boulevard Washington Street Brea Canyon Road to Northeast City Limit Engineering and traffic surveys were also conducted on the highway segments listed in Table 2 as no speed limit had been previously established. TABLE 2 LOCATIONS NOT PREVIOUSLY SURVEYED STREET LIMITS Bride ate Drive Copley Drive to Valley Vista Drive Valley Vista Drive -Gateway Center Drive to Bride ate Drive iii The results of the study are summarized in the following table,showing the existing and proposed speed limits. EXISTING AND PROPOSED SPEED LIMITS EXISTING PROPOSED STREET LIMITS SPEED SPEED LIMIT LIMIT Avenida Rancheros/ Diamond Bar BI.to Northeast City Limits 45 45 NC Temple Av. Brea Canyon Rd North City Limits to Washington St. 45 40 D Brea Canyon Rd. Washington St.to Lycoming St. 45 40 D Brea Canyon Rd. Lycoming St.to Golden Springs Dr. 40 40 NC Brea Canyon Rd. Golden.S rin s Dr.to Pathfinder Rd. 45 •45 NC Brea Canyon Rd. Pathfinder Rd.to Fountain Springs Dr. 40 40 NC. Brea Canyon Rd. Fountain Springs Dr.to Diamond Bar BI. 45 45 NC Brea Canyon Rd. Diamond Bar BI.to Copper Canyon Dr. 45 45 NC Brea Canyon Rd. Copper Canyon Dr.to South City Limits 50 50 NC Brea Canyon Cut-Off West City Limits to Brea Canyon Rd. 40 40 NC Bride ate Drive Copley Drive to Valley Vista Drive NP 35 D Chino Ave. Chino Hills Pkwy to East City Limits 50 50 NC Chino Hills Pkwy. North City Limits to South City Limits 50 50 INC Copley Dr. Golden Springs Dr.to Bridge Gate Dr. 35 35 NC Diamond Bar BI. Brea Canyon Rd.to Goldrush Dr. 45. 45 NC Diamond Bar Bl. Goldrush.Dr.to Highland Valley Rd. 40 40 NC Diamond Bar Bl. Highland Valley Rd.to Temple Av. 50 50 NC Gateway Center Dr. Bridge Gate Dr.to Golden Springs Dr. 35 35 NC Golden Springs Dr. West City Limits to Lemon Av. 50 45 D Golden Springs Dr. Lemon Av.to 900'west of Gona Ct.. 40 40 NC Golden Springs Dr. 900'west of Gona Ct.to 1300'east of Adel Av. 40 40 NC Golden Springs Dr. 1300'east of Adel Ave.to Sabana Dr. 45 45 NC Golden Springs Dr. Sabana Dr.to Platina Dr. 40 40 NC Golden Springs Dr. Platina Dr.to E Avenida Rancheros/Temple Av. 45 45 NC Grand Ave. West City Limits to East City Limits 45 45 NC Lemon Ave. North City Limits.to Golden Springs Dr. 40 40 NC Lycoming St.. Lemon Ave.to Brea Canyon Rd. 35 35 NC Montefino Av. Grand Av.to Diamond Bar BI. 25 25 INC Pathfinder Rd. West City Limits to Brea Canyon Rd.-North 45 45 NC Pathfinder Rd. Brea Canyon Rd.-North to Brea Canyon Rd.- 40 40 NC South/Fern Hollow Dr. Pathfinder Rd. Brea Canyon Rd.-South/Fern Hollow Dr.to 45 45 NC Diamond Bar BI. Sunset Crossing Rd: West City Limits to Diamond Bar BI. 35 35 NC Sunset Crossing Rd. Diamond Bar BI.to Golden Springs Dr. 25 25 NC Temple Av. Diamond Bar BI.to Golden Springs Dr. 45 45 NC Valley Vista Drive Gateway Center Drive to Bride ate Drive NP 35 D Walnut.Dr West City Limits to Lemon Av. 40 40 NC Washingon St. Brea Can on Rd.to Northeast City Limits 40 35 D ABBREVIATIONS: NC=No.Change,I=Increase,.D=Decrease,NP=Not Posted iv T L City Of Diamond Sar H i gh I and � \�0 le Vol d--- 41 _ 50 Road e ie Avenida 45 R PROPOSED SPEED LIMITS Am Rancheros or --Del Sol t 2010T� Rood 45 Lane ,xs�o` 4 0 S n9 25 0 6I•, Sunset `,(°9 0 35 n° cc Freew p oma ay.. ,0\� xJ 45 SCALE: NONE ym �� -Platin 40 40 Drive �h 40 yQt c 1 cD. o{ �! 4 0 40 °k Sabana 35 Drive-A Gold Rush Drive 40 40 " -Woshi-ngton 45 v SSeo Walnut 6treet 45 Dr..�> 35 way Von a' 40 E LycominQ 40 pC00 C, Street o� J poroon° 40.. Or. 45' a 45 SP���9s a 35 -,-*—Copley 45 40 4pe'`o �rSummitridge o� o Drive 25 Drive c 45 35 Montefino 45 \dm 45 �Gdtewoy Avenue 45 j 1 0 �° 35 Center Drive <a —� �5'Bridge ao �'- Gote.Drive `Valley m a \ m Vista Drive 45 / o. cc jc be< 45 40 R.0 - rkc 0 45 / a Cr Frge,�oy \ ox ; �° o `O Q L 40 ' p City of�. \ Fountain a \i Bony 45 b Rood Springs �. 50 \G Cutoff e cF o _ m y peen e <oo�•`o��' oJ ti 50 \•a ° / 40 �0. •\ " ?� 15 -- 50 45. -Copper: . 50 Canyon .i Drive DEFINITIONS AND ABBREVIATIONS . Average Daily Traffic (ADT): Volume of traffic expressed in thousands during a 24- hour period. Critical Speed, Eighty-fifth (85th) Percentile Speed: The speed which 85 percent of the observed vehicles are not exceeding. E.C.L.: East City Limit. Intermediate Speed Limits: Speed limits set at 5-MPH increments between 25 MPH and 65 MPH. MPH:Miles Per Hour MVM: Million Vehicle Miles. Accident rates are generally expressed as the number of accidents occurring per million vehicle miles,traveled during a given time period. N.G.L.: North City Limit Pace: The 10-MPH range of observed vehicle speeds containing the largest number of vehicles. Prima Facie Limits: "Blanket" speed limits considered reasonable and prudent for certain general conditions unless refuted and proven inadequate for a particular condition. S.C.L.: South City Limit W.C.L.: West City Limit. V1 i i . l INTRODUCTION This report amends the Speed Zone Study report adopted by the City of Diamond Bar City Council on August 3, 2004. It also supersedes certain sections of that report. The purpose of this report is to revise those certain sections as necessary to certify the validity of the study for a ten year period in conformance with California Vehicle Code (CVC) Sections 40801 and 40802. In addition, it includes the required engineering and traffic survey required to establish speed limits on Bridgegate Drive and Valley Vista Drive. It is a common belief that posting of speed limit traffic signs will influence drivers to drive at that speed.The facts indicate otherwise. Driver behavior research conducted in many parts of this country, over a span of several decades, shows that the average driver is influenced by the appearance of the highway itself and the prevailing traffic conditions, in choosing the speed at which he or she drives. Recognizing this, the California Vehicle Code requires that speed limits be established in accordance with appropriate engineering practice and methods. California Vehicle Code (CVC) Sections 22357 and 22358 give cities the authority to determine speed limits on streets within their jurisdiction on the basis of an engineering and traffic survey. CVC Section 627 defines the engineering and traffic survey as a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. The survey requires consideration of prevailing speeds as determined by traffic engineering measurements, accident records highway, traffic, and roadside conditions not readily apparent to the driver, residential density and pedestrian and bicyclist safety. CVC Section 40801 prohibits peace officers from using speed traps to enforce speed limits. Section 40802 defines speed traps as either: (A) A particular section of a highway measured as to distance and with boundaries marked, designated,or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. - (B)A particular section of a highway with a prima facie speed limit that has not been established on the basis of a traffic and engineering survey within seven years or within ten years if a registered engineer evaluates the section of highway and determines that no significant changes in roadway or traffic conditions have occurred including but not limited to changes in adjoining property or land use, roadway width or traffic volume. CERTIFICATION This study was conducted in accordance with the appropriate sections of the California Vehicle Code and the California Manual on Uniform Traffic Control Devices(MUTCD)., 1 Each of the highway segments includedin the 2004 Speed Zone Study were reviewed to determine if significant. changes in roadway or traffic conditions have occurred including but not limited to changes in adjoining property or land use, roadway width or traffic-volume. It was determined that no significant changes had occurred except on the following highway segments: TABLE 1 LOCATIONS WITH SIGNIFICANT CHANGES IN ROADWAY OR TRAFFIC CONDITIONS SINCE 2004 NO. STREET LIMITS 1 Brea-Canyon Road Washington Street to Lycoming Street 2 Brea Canyon Road ming Street to Golden.Springs Drive 3 Brea Canyon Road Golden Springs Drive to Via Sorella 4 Brea Canyon Road Diamond Bar Boulevard to Copper Canyon Drive 5 Brea Canyon Road Copper Canyon Drive to South City Limit 6 Brea Canyon Cut-Off West City Limit to Fallowfield Drive 7 Brea Canyon Cut-Off Fallowfield Drive to Brea Canyon Road 8 Chino Avenue Chino Hills Parkway to East City Limit -9. Chino Hills Parkway Chino Avenue to South City Limit 10 Diamond Bar Boulevard Cold Springs Lane to Fountain Springs Road 11 Diamond Bar Boulevard . .Mountain Laurel Wayto Grand Avenue 12 Diamond Bar Boulevard Highland Valley Road to Temple' Avenue 13 Golden.Springs Drive West City Limit to Lemon Avenue 14'' GoldenSprings Drive Lemon Avenue,to 900'west of Gona Ct. 15 Golden Springs-Drive 900'west of Gona Ct.to Brea Canyon Road 16 Golden Springs Drive _Copley Drive to Grand Avenue. 17 Golden.Springs Drive. Grand Avenue to Sabana Drive 18 Golden Springs Drive Diamond Bar Boulevard to Platina Drive 19. Golden Springs Drive Sylvan Glen Road to Sunset Crossing Road 20 Golden Springs Drive Sunset Crossing Road to Avenida Rancheros/Temple. Avenue 21.. Grand Avenue West City Limit to Golden Springs Drive 22 Grand Avenue Golden Springs Drive to Montefino Drive 23 Grand Avenue Montefino Drive to Diamond Bar Boulevard 24 Grand Avenue Diamond Bar Boulevard to Rolling Knoll Road 25 Grand Avenue Rollin Knoll Road to Summitrid a Drive 26 Grand Avenue Summitrid a Drive to East City Limit 27 Lemon.Avenue North C ity Limit to Golden Springs Drive 28 Lycoming Street Lemon Avenue to Brea Canyon Road 29. Sunset Crossing Road West City Limit to Diamond,Bar Boulevard. 30" Washin ton Street I Brea Canyon Road.to Northeast Citv Limit 2 Engineering and traffic surveys were also conducted on the highway segments listed in Table 2 as no speed limit had been previously established. TABLE 2 LOCATIONS NOT PREVIOUSLY SURVEYED STREET LIMITS Bride ate Drive I Copley Drive to Valley Vista Drive Valley Vista Drive I Gateway Center Drive to Bride ate Drive REGULATIONS GOVERNING SPEED LIMITS Under California law, the maximum speed limit for any passenger vehicle is 65 miles per hour(mph).All other speed limits are called prima facie limits,which"on the face of it"; are safe and prudent under normal conditions. Certain prima facie limits are established by law and include the 25 miles per hour limit in business and residential districts; the 15 miles per hour limitin alleys, at blind intersections and blind railroad grade crossings; and a part-time 25 miles per hour in school zones when children are going to and from school. Intermediate speed limits between 25 and 65 miles per hour may be established by local authorities on the basis of traffic engineering surveys. Such surveys include the analysis of roadway conditions, accident records, and the prevailing speed of prudent drivers using the highway under study. If speed limits are established below what the majority of drivers consider reasonable, they are often not obeyed and consequently, are difficult to enforce. Those drivers who do not comply with posted reasonable speed limits are, conversely, subject to equitable enforcement action. the Vehicle Code provides that the use of radar to enforce speed limits which have not been based on a traffic and engineering study within the preceding five years constitutes a"speed trap".Since speed traps are also prohibited by the code,lack of the required study effectively prohibits local agencies from using radar enforcement. APPLICABLE VEHICLE CODE SECTIONS Business District-Section 235 A"business district"is that portion of a highway and the property contiguous thereto (a) upon one side of which highway, for a distance of 600 feet, 50 percent or more of the contiguous property fronting thereon is occupied by buildings in use for business,or(b) upon both sides of which highway, collectively, for a distance of 300 feet, 50.percent or more of the contiguous property fronting thereon is so occupied.A business district may - be longer.than the distances specified in this section if the above ratio'of buildings in use for business.to the length of the highway exists. 3 Business and Residence District:Determination-Section 240 In determining whether a highway is within a business or residence district,the following limitations shall apply and shall qualify the definitions in Sections 235 and 515: (a) No building shall be regarded unless its entrance faces the highway and the front of the building is within 75 feet of the roadway. (b) Where a highway is physically divided into two or more roadways only those buildings facing each roadway separately shall be regarded for the purpose of determining whether the roadway is within a district. (c) All churches, apartments, hotels, multiple dwelling houses, clubs, and public buildings,other than schools,shall be deemed to be business structures. (d) A highway or portion of a highway shall not be deemed to be within a district regardless of the number of buildings upon the contiguous property if there is no right of access to the highway by vehicles from the contiguous property. Residence District-Section 515 A "residence district" is that portion of a highway and the property contiguous thereto, other than a business district where, (a) upon one side of which highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures, or(b) upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.A residence district may be longer than one quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the ;, highway exists. Engineering and Traffic Survey-Section 627 (a) "Engineering and traffic survey," as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. (b)An engineering and traffic survey shall include, among other requirements deemed I necessary by the department,consideration of all of the following: (1)Prevailing speeds as determined by.traffic engineering measurements. (2)Accident records. I (3)Highway,traffic,and roadside conditions not readily apparent to the driver. f 4 I.. (c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1)to(3), inclusive, of subdivision(b) may consider all of the following: (1)Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto,other than a business district: (A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures. (B) Upon both sides of the highway, collectively,within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. (C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph(A)or(B). (2)Pedestrian and bicyclist safety. Maximum Speed Limit-Section 22349 (a)Except as provided in Section 22356,no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour. (b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision,the following apply: (1)A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction. (2) Passing lanes may not be considered when determining the number of through lanes. (c) It is the intent of the Legislature that there be reasonable signing on affected two- lane, undivided highways described in subdivision (b) in continuing the 55 miles-per- hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations. i Basic Speed Law-Section 22350 No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather,visibility,the traffic on, and surface and width of, 5 the highway, and in no event at a speed which endangers the safety of persons or property. Speed Law Violations-Section 22351 (a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law. (b)The speed of any.vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or.established.as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing. Prima Facie Speed Limits-Section 22352 (a) The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof: (1)Fifteen miles per hour: (A)When traversing a railway grade crossing, if during the last 100 feet of the approach to the crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along the railway.This subdivision does not apply in the case of any railway grade crossing where a human flagman is on duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car. (B) When traversing any intersection of highways if during the last 100 feet of the driver's approach to the intersection the driver does not have a clear and unobstructed view of the intersection and of.any traffic upon all of the highways entering the intersection for a distance of 100 feet along all those highways,except at an intersection protected by stop signs or yield right-of-way signs or controlled by official traffic control signals. (C)On any alley. (2)Twenty-five miles per hour- (A) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code: 6 (B)When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. For purposes of this subparagraph, standard "SCHOOL" warning signs may be placed at any distance up to 500 feet away from school grounds. (C) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard"SENIOR" warning sign. A local authority is not required to erect any sign pursuant to this paragraph until donations from private sources covering those costs are received and the local agency makes a determination that the proposed signing should be implemented. A local authority may, however, utilize any other funds available to it to pay for the erection of those signs. (b)This section shall become operative on March 1,2001. Increase of Local Limits-Section 22357 (a)Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35,40,45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except upon the basis of an engineering and traffic survey. This section does not apply to any 25-mile-per-hour prima facie limit which is applicable when passing a school building or the grounds thereof or when passing a senior center or other facility primarily used by senior citizens. Decrease Near Children's Playgrounds-Section 22357.1 Notwithstanding Section 22357, a local authority may,by ordinance or resolution, set a prima facie speed limit of 25 miles per hour on any street, other than a state highway, adjacent to any children's playground in a public park but only during particular hours or days when children are expected to use the facilities.The 25 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted_ Decrease of Local Limits Section 22358 (a)Whenever a local authority determines upon the basis of an engineering and traffic survey that the limit of 65 miles.per hour,is more than is reasonable or safe upon any. 7 portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60, 55, 50,45, 40, 35, 30, or 25 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street. Decrease on Narrow Street—Section 22358.3 Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour in a business or residence district or in a public park on any street having a roadway not exceeding 25 feet in width, other than a state highway, is more than is reasonable or safe,the local authority may, by ordinance or resolution determine and declare a prima facie speed limit of 20 or 15 miles per hour,whichever is found most appropriate and is reasonable and safe.The declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street. Decrease of Local Limits Near Schools or Senior Centers—Section 22358.4 (a) (1) Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph(2)of subdivision(a)of Section 22352 is more than is reasonable or safe,the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey. (2)An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows: (A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds of a school building,contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour,while children are going to or leaving the school,either during school hours or during,the noon recess period. The prima facielimit shall also apply when approaching, at a distance of less than 500 feet from, or.passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. 8 (B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour,while children are going to or leaving the school,either during school hours or during the noon recess period.The prima facie limit shall also apply when approaching, at a distance of 500 to 1,000 feet from, school grounds that are not separated from the highway by a fence, gate,or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. (2)The prima facie.limits established under paragraph (1) apply only to highways that meet all of the following conditions: (A)A maximum of two traffic lanes. (B)A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone: (3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel. (4)When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration. (5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (B) For purposes of subparagraph (A)of paragraph(1), school warning signs indicating. a speed limit of 15 miles per hour may be placed at a distance up to 500 feet away from school grounds. (C) For purposes of subparagraph (B)of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and 1,000 feet away from the school grounds. (D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision. 9 Downward Speed Zoning-Section 22358.5 It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of Section 22350 is sufficient regulation as to such conditions. Boundary Line Streets-Section 22359 With respect to boundary line streets and highways where portions thereof are within different jurisdictions, no ordinance adopted under Sections 22357 and 22358 shall be effective as to any such portion until all authorities having jurisdiction of the portions of the street concerned have approved the same. This section shall not apply in the case of boundary line streets consisting of two separate roadways within different jurisdictions. Multiple-Lane Highways-Section 22361 On multiple-lane highways with two or more separate roadways different prima facie speed limits may be established for different roadways under any of the procedures specified in Sections 22354 to 22359, inclusive. Speed Trap Prohibition-Section 40801 No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code. Speed Trap Section 40802 (a) A"speed trap"is either of the following: (1)A particular section of a highway measured as to distanceand with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (2)A particular section of a highway with a prima facie speed limit provided by this code or by local ordinance pursuant to paragraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects.This paragraph does not apply to a local street, road,or school zone. (b)(1)For purposes of this section, local streets and roads shall.be defined by the latest functional usage and federal-aid system maps as submitted to the federal Highway Administration, except that when these maps have not been submitted, or when the street or road is not shown on the maps, a"local street or road"means a street or road 10 primarily provides access to abutting residential property and meets the following three conditions: (A)Roadway width of not more than 40 feet. (B)Not more than one-half mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445. (C)Not more than one traffic lane in each direction. (2) For purposes of this section "school zone"means that area of road contiguous to a school building or the grounds thereof, and on which is posted a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. (c) (1)When all of the following criteria are met, paragraph (2)of this subdivision shall be applicable and subdivision(a)shall not be applicable: (A) When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace Officer Standards and Training. (B)When laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph (A)and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training. (C) (i) The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic survey has been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the notice to appear,the arresting officer established that the radar, laser,or other electronic device conformed to the requirements of subparagraph(D). (ii) The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alleged violation unless the citation was fora violation of Section 22349,22356,or 22406. (D) The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility. (2)A"speed trap"is either of the following: 11 is (A) A particular section of a highway measured as to distance and with boundaries marked; designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (B) (i)A particular section of a highway or state highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph(A)of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within one of the following time periods, prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects: (1)Except as specified in subclause(II),seven years. (11) If an engineering and traffic survey was conducted more than seven years prior to the date of the alleged violation,and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width,or traffic volume, 10 years. (ii)This subparagraph does not apply to a local street, road,or school zone. Speed Trap Evidence-Section 40803 (a) No evidence as to the speed of a vehicle upon a highway shall be admitted in any court upon the trial of any person in any prosecution under this code upon a charge involving the speed of a vehicle when the evidence is based upon or obtained from or. by the maintenance or use of a speedtrap. (b) In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speedtrap as defined in paragraph(2)of subdivision(a)of Section 40802. (c) When a traffic and engineering survey is required pursuant to paragraph (2) of subdivision (a) of Section 40802, evidence that a traffic and engineering survey has been conducted within five years of the date of the alleged violation or evidence that the offense was committed on a local street or road as defined in paragraph (2) of subdivision (a)of Section 40802 shall constitute a prima facie case that the evidence or testimony is not based upon a speedtrap as defined in paragraph (2) of subdivision (a) of Section 40802. STUDY METHOD Speed zones are established to inform drivers of the safe speed limit and to protect the general public from unreasonable and reckless drivers. Research has shown that most 12 drivers travel at speeds that are safe and reasonable, therefore, speed limits are established primarily on the consensus of the majority of those who use the roads. Speed limits are not based on the actions of a few. The California Vehicle Code requires the limits to be established on the basis of an engineering and traffic survey rather than by arbitrary methods. This study was conducted in accordance with the appropriate sections of the California Vehicle Code and the Caltrans Traffic Manual. Surveys were conducted on arterial streets and selected local streets. Each of the selected streets was analyzed individually. The accident analysis was based on a review of traffic accident records from the State Wide integrated Records System (SWITRS)for years 2001 and 2002 and from the Los Angeles County Sheriff Department records for the years 2008 and 2009. Only non- intersection accidents are included since intersection accidents are considered to be correctable using conventional intersection traffic controls such as stop signs or traffic signals. Accident rates were computed using a formula which takes into account the number of accidents in the two-year period,the length of roadway being studied, and the average daily traffic volume. The rate is expressed in accidents per million vehicle miles (Acc/MVM).The formula is: Acc/MVM=Number of Accidents x 1.000.000 Distance x ADT x No.of Days In order to evaluate the accident rates for each street segment, the average rate for all surveyed arterial street segments was calculated. Average rates were calculated for two-lane and four-or-more-lane arterial streets, two-lane collector and two-lane local streets-. The accident rates for each segment were compared to the citywide average rates for streets with similar characteristics.The average rates are shown in Table 3. TABLE 3 AVERAGE MIDBLOCK ACCIDENT RATES STREET TYPE AVERAGE ACCIDENT RATE 4-Lane or more arterial 0.90 accidents pet million vehicle miles 2—Lane arterial 1.17 accidents per million vehicle miles Collector 1.98 accidents per million vehicle miles Local 1.97 accidents per million vehicle miles The study data is summarized in Table 4 on the following pages. � 13' TABLE 4-TRAFFIC DATA SUMMARY DIST. 85% PACE ADT ACCIDENT RATE SPEED LIMIT STREET-LIMITS (Mi) DIR. SPEED SPEEDS %IN (1000) AVERAGE ACTUAL EXISTING PROPOSED REMARKS Avenida Rancheros Golden Springs Dr.to 0.14 EB 45 35-44 76 18.5 0.90 0.00 45 45 Northeast City Limit WB 53 44-53 58 Brea Canyon Road North City Limit to 0.40 NB 43 34-43 71 SB 39 33-42 71 22.1 0.90 1.03 45 40 Lycoming St. Brea Canyon Road Lycoming St.to Golden 0.30 NB 35 28-37 90 15.7 0.90 1.75 40 40 Springs Dr. SB 31 25-34 88 Brea Canyon Road Golden Springs Dr.to Via 0.40 NB 48 39748 74 15.2 0.90 1.35 45 45 Sorella SB 45 37-46 84 Brea Canyon Road Via Sorella.to Pathfinder 0.80 NB 52 44-53 68 15.6 0.90 0.66 45 45 � 36 52 44-53 66 Rd. Brea Canyon Road Pathfinder Rd.to Fountain 0.40 NB 37 27-36 61 8.5 1.17 2.42 40 40 Springs Rd. SB 44 36-45 60 Brea Canyon Road Fountain Springs Rd.to 0.30 NB 50 39-48 56 6.0 1.17 1.52 45 45 Cold Springs Ln. SB 50 41-50 64 Brea Canyon Road NB 47 3 -45 61 Cold Springs Ln.to Cool 0.30 SB 50 461-50 66 5.1 1.17 0.00 45 45 Springs Dr. Brea Canyon Road Cool Springs Dr.to 0.30 NB 47 38-47 59 5.1 0.90 0.90 45 45 Diamond Bar BL SB 49 40 49 62 ABBREVIATIONS: DIST.=Distance;Mi.=Miles;DIR.=Direction;ADT=Average Daily Traffic;NB=Northbound;SB=Southbound;EB=Eastbound;WB=Westbound table 4 TABLE 4-TRAFFIC DATA SUMMARY DIST. 85% PACE ADT ACCIDENT RATE SPEED LIMIT STREET-LIMITS (Mi) DIR. SPEED SPEEDS %IN AVERAGE ACTUAL EXISTING PROPOSED REMARKS (1000) Brea Canyon.Road Diamond BarBI.to 0.20 NB 45 40-49. 96 12.2 0.90 0.56 45 45 Copper Canyon Dr. SB 45 39-48 100 Brea Canyon Road Copper Canyon Dr.to 0.40 NB 52 47-56 96 10.2 1.17 0.34 50 50 South City Limit SB 57 46-55 87 Brea Canyon Cut-.Off Road West City Limit to 0.30 EB 47 40-49 84 43 35-44 85 19.2 0.90 1.34 40 40 Fallowfield Dr. WEI Brea Canyon Cut-Off Road Fallowfield Dr.to Brea 0.50 EB 44 36-45 88 WB 42 34-43 90 24.2 0.90 0.91 40 40 Canyon Rd Bridgegate Drive CA Dr.to Valley Vista 0.50 NB 33 26-35 84 1.74 1:97 0.00 unposted 35 Dr. SB 35 28-37 94 Chino Avenue Chino Hills Parkway to 0.11 EB 46 39-48 88 7.2 0.90 0.00 50 50 East City Limit WB 52 42-51 67 Chino Hills Parkway North City Limit to South 1.10 NB 52 45-54 95 14.7 0.90 0.00 50 50 City Limit SB 52 45-54 93 Copley Drive Golden Springs Dr.to 0.60 NB 31 24-33 90 7.6 0.90 0.60 35 35 Brid a ate Dr. SB 30 21-30 92 rSpri iamond Bar Boulevard Brea Canyon Rd.to Cold 0.60 NEI 46 32-41 64 SB 43 33-42 66 21.4 0.90 0.53 45 45 ns Ln ABBREVIATIONS: DIST. Distance;Mi.=Miles;DIR.=Direction;ADT=Average Daily Traffic;NB=Northbound;SB=Southbound;EB=Eastbound;WB=Westbound table 4 TABLE 4-TRAFFIC DATA SUMMARY DIST. 85% PACE ADT) ACCIDENT RATE SPEED LIMIT REMARKS STREET-LIMITS (Mi�- DIR. SPEED SPEEDS %1N (1000 AVERAGE ACTUAL EXISTING PROPOSED Diamond Bar Boulevard Cold Springs Ln.to 0.34 NB 45 37-46 79 31.2 0.90 0.00 45 45 Fountain Springs Rd. SB 45 37-46 81 Diamond Bar Boulevard Fountain Springs Rd.to 0.50 NB 48 41-50 511 25.0 0.90 0.11 45 45 Pathfinder Rd. : SB 49 44-53 5 Diamond Bar Boulevard Pathfinder.Rd'.'to Kiowa 0.50 NB 51 42-51 63 35.3 0.90 0.62 45 45 Crest Dr. SB 48 40-49 79 Diamond Bar Boulevard Kiowa Crest Dr.to 0.60 NB 50, 39-48 68 34.9 0.90 0.65 45 ' 45 Mountain Laurel Wy. SB 51 43-52 76 Diamond Bar Boulevard j Mountain Laurel Wy.to 0.70 NB 52 44-53 91 44.4 0.90 0.84 45 45 SB 54 45-54 63 Grand Av. Diamond;Bar Boulevard Grand Av.`t0 Tin 0.60 NB 53 43-52 69 22.0 0.90 1.97 45 45 DOCrestview Dr. SB 52 42-51. 63 Diamond Bar Boulevard Tin Dr./Crestview Dr.to 0.30 NB 47 39-48 84 22,5 0.90 0.61 45 45 Gold Rush Dr. SB 48 41-50 84 Diamond Bar Boulevard Gold Rush Dr.to Golden 0.40 NB 47 39-48 84 22.5 0.90 0.30 40 40 S rings Dr. SB 48 41-50 84 Diamond Bar Boulevard Golden Springs Dr.to S.R. 0.30 NB 40 29-38 65 31.6 0.90 1.30 40 40 60 EB Off Ramp SB 37 24-33 59 ABBREVIATIONS: DIST.=Distance;Mi.=Miles;DIR.=Direction;ADT=Average Daily Traffic;NB=Northbound;SB=Southbound;EB=Eastbound;WB=Westbound table 4 TABLE 4-TRAFFIC DATA SUMMARY DIST. 85% PACE ADT ACCIDENT RATE SPEED LIMIT REMARKS STREET-.LIMITS DIR. SPEEDS .Bio IN AVERAGE ACTUAL EXISTING PROPOSED (Mi.) SPEED (1000) Diamond.Bar Boulevard SO.60 EB Off Ramp to 0.40. 1 NB 46 38-47 56 36.2 0.90 1.32 40 40 Sunset CrossingRd: SB 43 32 44 58 Diamond Bar Boulevard SunsetCrossing Rd.to. 0.60 NB. 46 39-48 84 24.6 0.90 1.20 40 40 Highland Valley Rd: SB 45 37-46 82 Diamond Bar Boulevard Highland Valley Rd.to 0.50 NB 49 42-51 73 20.4 .0.90 0.40 5o 50,- Temple Av. SB 52 45-54 85 Gateway Center Drive Bridge Gate Dr.to;GOlden 0.40 NB 28 19-28 87 .6.7 1.17 1.53 35 35 Springs s Dr. SB 26 .16-25 . 75 Golden Springs Drive West City Limit to Lesion 0.40 EB 46. 38-47 83 19.1 0.90 0.18 50 45 Av. WB 48 42-51 79 Golden:Springs Drive "Lennon AV.to 900'E/0 0.30 EB 41 34-43 87 21.6 0.90 0.42 40 40 Gona Ct. WB 47 38-47 69 Golden Springs Drive 900`E/O Gona,Ct.to Brea 0.30 EB 43 36-45 86 32.0 0.90 1.00 40 40 WB 42 Can on Rd: : 36-45 92 Golden Springs'Drive. Brea Canyon Rd.to 1300' 0.50 ` EB 49 40 49 82 26.9 0.90 1.02 40 40 e/o Adel Av. WB 46 38-47 89 Golden Springs Drive 1300'e/o Adel Av.to 0.50 EB 53, 41-50 65 26.1 0.90 . 0.84 45 .45. Gateway.Center WB. 53 45-54 80 ABBREVIATIONS: DIST. Distance;Mi. Miles;DIR.=Direction;ADT=Average Daily Traffic;NB=Northbound;SB=Southbound;EB=Eastbound;WB=Westbound table 4. TABLE 4-TRAFFIC DATA SUMMARY DIST. 85% PACE ADT ACCIDENT RATE SPEED LIMIT REMARKS STREET-LIMITS (Mi) DIR. SPEED SPEEDS %IN (1000) AVERAGE ACTUAL EXISTING PROPOSED Golden.Springs Drive: Gateway Center to.Grand 0.75 EB 47 38-8 886 '23.3 0.90. 0.16 45 45 AV. Golden Springs Drive Grantl Av.to Sabana D[. 0.90 EB . 47 40-49 86 '19.2 0.90 0.93 45 45 WB 47 40-49 92 Golden Springs Drive Sabana:Dr.to Diamond 0.30 EB 49 39-48 63 16.4 0.90 2;51 45 45 Bar BI. WB: . .46 3746 . 74 Golden:Springs:Drive Diamond Bat 'Bl.to.Platina 0.30 EB 39 32 41 85 17.8 0.90 0.77 40 40 WB 43.. . 34-43 73 Dr. Golden Springs.Drive.. oso 0.38 45 45 Platina Dr.to.Ballena Dr. 0,30-1EB:_ 46 3Z 46. 80 12.1 WB . 43 35-44 89 °o Golden Springs Drive Ballena Dr.to Sylvan Glen 0.50 EB 49 37-46 59 13.3 0.90 0.41 .45 45 Rd, WB 491 , 37-46, 57. Golden Springs Drive Sylvan.Glen Rd.t0 Sunset 0.30.. NB. 45 37-46. 88 12.0 0.90, 0.38. 45 45 CrosSin Rd. 8B 44 35-44 70. Golden Springs Drive Sunsef.Crossing Rd:to NB 45 37-46 84 Avenida Rancheros/ 0.40 SB` .47 38.47 75 11.9 0.90 1.15 45 45 Temple AV. Grand.Avenue West City Limit to Golden 0.24 EB 48 40-49 71 37.7 .0.90 0.76 45 45 Springs Dr. W6 43 35-44 87 -ABBREVIATIONS. DIST.=Distance;Mi. Miles;DIR.=Direction;ADT=Average Daily Traffic;NB=Northbound;SB=Southbound;EB=Eastbound;WB=Westbound _ table 4 TABLE 4-TRAFFIC DATA SUMMARY STREET-.LIMITS DIST. -DIR 85% PACE ADT ACCIDENT.RATE SPEED.LIMIT (MI:) SPEED SPEEDS %IN (1000) AVERAGE ACTUAL EXISTING PROPOSED REMARKS Grand Avenue Golden Springs Dr.to 0.60 EB 49. 42-51 85 33.8 0.90 0.74 45 45 Montefino AV. WB 44 38 47 81 Grand Avenue Montefino Av.to Diamond 0.20 wa g 39 48 gZ 34:6 0.90 ` 1.98 45 45 Bar BI: Grand Avenue Diamond Bair Bl.to Rolling 0.30 EB 48 40-49 71 28.4 0.90 1.45 45 45 Knoll Rd: WB 47 39-48 83 Grand Avenue ` Rollin Knoll Rd.to 0.60 EB 49. 43-52 92 9 21.5 0.90 0.74 45 45 Summitrid a Dr: WB 45 38-47 74 'Grand`Avenue SUmMitrldge Dr.to East 0.40 EB. 50 -43-52. 85 26.5 0.90 0.26 45 45 co City Limit WB 45 38-47 88' Lemon Avenue North_City.Limit to Golden 0.50 NB 45- `39-48 95 15.7 0.90 0.70 40 40 S rin s Dr. SB 45 39-48 93' Lycoming Street Lemon Av.to Brea 0.50 EB 34 26-35 BO 4.7 1.98. 1.75 35 35 'Canyon Rd. WB 36 31 40 89 Montefino Avenue . Grand Av._to:Diamond Bar 0.38 EB 35 28-37 70. 4.5 1.97 3.20 25 25 BL - WB 37 24-33 70 Pathfinder..Road: West City Limit to 0.46 EB 54 45-54 82 8.6 0.90 �_0.69 45. 45 Peaceful Hills Rd: WB 48 39-48 : 80 . ABBREVIATIONS. DIST.=Distance MI Miles;DIR.=Direction;ADT=Average Daily Traffic;NB=Northbound;SB=Southbound;EB=Eastbound;WB=Westbound table 4. TABLE.4. TRAFFIC DATA.SUMMARY DIST. 85% PACE' ADT ACCIDENT RATE SPEED LIMIT REMARKS STREET LIMITS DIR. SPEEDS %IN AVERAGE ACTUAL EXISTING PROPOSED (Mi. SPEED (1000). Grand Avenue Golden Springs Dr.to 0.60 EB 49 42-51 85 33.8 0.90 0.74 95 45 Mont2fino Av. WB 44 38 47 81 Grand Avenue Montefino Av.to Diamond 0.20 EB 46 36-46 79 34.6 0.90 1.98 45 45 Bar BL WE 46 39-48 92 Grand Avenue Diamond Bar BI..to Rolling. 0.30. EB 48 40-49 71 28.4 0.90 1.45 45 45 Knoll Rd: WE 47 39-48 83 Grand Avenue Roiling KnolfRd.to 0.60 EB 49 43-52 92 21.5 0.90 0.74 45 45 SUmmitrid a-Dr. W.B. 45 38-47 74 Grand Avenue Summitridge Dr.to East 0.40. EB 60 43-52 85 26.5. 0.90 0.26 45 45 iv WE 45 38-47, -88 o . Ci Limit Lemon Avenue. North City Limit:to Golden 0.50 NB 45 39-48 . 95 15.7 0.90 0.70 40 40 S rin s Dr. S.B .45 39-48 93 Lycoming Street Lemon Av.to Brea 0.50 EB 34 26-35 80 4.7 1.98 1.75 35 35 WE 36 31-40 . 89 Can on Rd. Montefino.Avenue Grand Av.to.Diamond Bar 0.38 EB 35 28-37 70 4:5 1.97 3.20 25 25 'WE, 37. 24733 70 BI. Pathfinder Road, West City Limit to 0;46 EB 54 45-54 82 8.6 0.90 0.69 45 45 Peaceful:Hills Rd.: WE 48. 39-48 80 ABBREVIATIONS DIST.=Distance;Mi. Miles;DIR.=Direction;ADT=Average Daily Traffic;,NB Northbound;SB Southbound;EB=Eastbound;WE=Westbound TABLE 4-TRAFFIC DATA SUMMARY STREET-LIMITS DIST. DIR. 85% PACE ADT ACCIDENT RATE SPEED LIMIT REMARKS (Mi.) SPEED SPEEDS %IN (1000) AVERAGE ACTUAL EXISTING.PROPOSED Walnut Drive EB 44 33-42 50 West City Limit.to Lemon 0.41 6.3 0.90 0.00 40 40 WB 42 32-41 58 AV. Washington Street ENV 36 30-39 94 Brea Canyon Rd.to 0.41 0.5 0.90 0.00 40 35 E/W 32 26-35 74 Northeast City Limit N ABBREVIATIONS: DIST.='Distance;Mi. Miles;DIR.=Direction;ADT=Average Daily Traffic;NB=Northbound;SB=Southbound;EB=Eastbound;WB=Westbound table 4 ANALYSIS AND RECOMMENDATIONS When the 2004 engineering and traffic survey was conducted, the guidelines for establishment of speed limits were contained in the Caltrans Traffic Manual. The Manual stated that the speed limit should normally be set at the first five-mile increment below the 85th percentile speed.With the subsequent adoption of the California Manual on Uniform Traffic Control Devices(MUTCD),the guidelines were changed to state that the speed limit should normally be set at the first five-mile increment nearest the 85th percentile speed. The 85th percentile speed is generally accepted as the safe and reasonable speed that conforms to the actual behavior of the majority of motorists. A five-mile per hour decrease is allowed to reflect safety considerations for pedestrians and bicyclists and conditions that may not be readily apparent to the driver and is based on engineering judgment. The California Vehicle Code. states it is the intent of the legislature that physical conditions such as width, curvature, grade and surface conditions,.or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning. The basic speed law which requires drivers to operate their vehicles at a speed that is safe for conditions is sufficient regulation as to such conditions. Each of the segments was reviewed to determine if conditions justified setting the speed limit at more than five miles per hour below the 85th percentile speed. The review was based on consideration of the following factors: 1. Reported accident experience. 2. Roadway design speed. 3. Safe stopping sight distance. 4. Super elevation on curves. 5. Shoulder conditions. 6. Profile conditions. 7. Intersection spacing and offsets. 8. Driveway conditions. 9. Pedestrian traffic in the roadway without sidewalks. 10. Unusual or unique traffic conditions not readily apparent to the driver. The recommended speed limits in the 2004 study were consistent with the principle of establishing them at the first five miles per hour increment below the 85th percentile speed except at locations where an additional decrease was justified. The street segments that were subject to re-evaluation are consistent with current practice of establishing speed limits at the five miles per hour increment nearest the 85th percentile speed except where a decrease is justified.; The rationale for establishment of the speed limits on each street is contained in the following paragraphs. 22 i AVENIDA RANCHEROS - DIAMOND BAR BOULEVARD TO NORTHEAST CITY LIMIT No change in the existing 45 miles per hour speed limit is recommended. Critical speeds are in the 45 to 53 miles per hour range and there is no recorded accident history. Avenida Rancheros is a boundary line street shared with the City of Pomona. BREA CANYON ROAD-NORTH CITY LIMIT TO SOUTH CITY LIMIT North City Limit to Lycominq Street It is recommended that the speed limit be reduced from 45 miles per hour to 40 miles per hour because the 85th percentile speeds are 43 and 39 miles per hour in the northbound and southbound directions, respectively. In addition, the accident rate of per million vehicle miles is higher than the average of 0.90 for similar 1.03 accidents g p streets. Lycominq Street to Golden Springs Drive It is recommended that.the speed limit be retained at 40 miles per hour in order to maintain consistency with the 40 miles per hour limit on the adjacent highway segments. The 85tH percentile speeds are 35 miles per hour and 31 miles per hour in the northbound and southbound directions. Golden Springs Drive to Pathfinder Road Although the 85th percentile speeds are 51 to 52 miles per hour, it recommended that the existing 45 miles per hour speed limit be retained because the accident rate between Golden Springs Drive and Via Sorella at 1.35 accidents per million miles is significantly higher than the average rate of 0.90 for similar streets. Pathfinder Road to Fountain Springs Road It is recommended that the speed limit be reduced from 45 miles per hour to 40 miles per hour because the 85th percentile speeds are 37 and 44 miles per hour in the northbound and southbound directions, respectively. In addition, the accident rate.of 2.42 accidents per million vehicle miles is higher than the average of 0.90 for similar streets. Further justification for the lower speed limit is the angle parking and the high percentage of high-school age drivers. School zones for Diamond Bar High School at Pathfinder Road and Castle Rock Elementary School between Cold Spring Lane and Cool Springs Drive are identified with standard.school signs: I 23 Fountain Springs Road to Cool Springs Drive The 851h percentile speeds range from'47 to 50 miles per hour, however, the accident rate between Fountain Springs Road and Cold Springs Lane is 1.52 accidents per million vehicle miles exceeds the average rate of 1.17 for similar streets. Since the roadway features .are similar throughout this reach, .it is desirable to establish a consistent speed limit. Therefore, it is recommended the existing 45 miles per hour speed limit be retained. Cool Springs Drive to Copper Canyon Drive Between Cool Springs Drive and Diamond Bar Boulevard, the 85th percentile speeds are 44 and 45 miles per hour in the northbound and southbound directions, respectively. Therefore, it is recommended the existing 45 miles per hour speed limit be retained. Between Diamond Bar Boulevard and Copper Canyon Drive,the 85th percentile speeds are 45 miles per hour in the northbound and southbound directions. Therefore, it is recommended the existing 45 miles per hour speed limit be retained. Copper Canyon Drive to South City Limit The 85th percentile speeds are 52 and 57 miles per hour in the northbound and southbound directions,respectively. Therefore, it is recommended the existing 50 miles per hour speed limit be retained. BREA CANYON CUT-OFF ROAD-WEST CITY LIMIT TO BREA CANYON ROAD West City Limit to Fallowfield Drive The 85th percentile speeds are 47 and 43 miles per hour in the eastbound and westbound directions, respectively. The accident rate of 1.34 accidents per million vehicle miles is higher than the average of 0.90 for similar streets. Therefore, it is recommended the existing 40 miles per hour speed limit be retained. Fallowfield Drive to Brea Canyon Road The 85th percentile speeds are 44 and 42 miles. per hour in the eastbound and westbound directions, respectively. Therefore, it is recommended the existing 40 miles per hour speed limit be retained. BRIDGEGATE DRIVE COPLEY DRIVE TO VALLEY VISTA DRIVE It is recommended that the speed limit be established at 35 miles per hour because the 85th percentile speeds are 33 miles per hour and 35 miles per hour for northbound and southbound traffic, respectively. There is no recorded accident history. CHINO AVENUE CHINO HILLS PARKWAY TO EAST CITY LIMIT �._. The 851h percentile speeds are 46 and 52 miles per hour in the eastbound and westbound directions, respectively. However, it is recommended the existing 50 miles per hour speed limit be retained in order to maintain continuity with the existing 50 miles per hour speed limit on the adjacent section of roadway in the City of Chino Hills. 24 f CHINO HILLS PARKWAY-NORTH CITY LIMIT TO SOUTH CITY LIMIT No change in the existing 50 miles per hour speed limit is recommended. The 85th percentile speeds are 52 miles per hour in the northbound and southbound directions. COPLEY DRIVE-GOLDEN SPRINGS DRIVE TO BRIDGE GATE DRIVE It is recommended the existing 40 miles per hour speed limit be reduced to 35 miles per hour based on 85th percentile speeds of 31 and 30 miles per hour in the northbound and southbound directions,respectively. DIAMOND BAR BOULEVARD-BREA CANYON ROAD TO TEMPLE AVENUE Brea Canyon Road to Goldrush Drive The 85th percentile speeds range from 42 to 54 miles per hour. Roadway and roadside development conditions are similar throughout the entire segment. Accident rates are less than the average for other similar streets except in the segments between Mountain Laurel Way and Tin Drive/Crestview Drive. Since the roadway features are similar throughout this reach it is desirable to establish a consistent speed limit. Therefore, it is recommended the existing 45 miles per hour speed limit be retained. Goldrush Drive to Highland Valley Road The 85th percentile speeds range from 37 to 48 miles per hour. Roadway and roadside development conditions are similar throughout the entire segment. Accident rates are higher than the average for other similar streets in the segment between Golden Springs Drive and Highland Valley Road. Therefore, it is recommended the existing 40 miles per hour speed limit be retained. The school zone for Lorbeer Middle School at Golden Springs Drive is identified with standard school signs. Highland Valley Road to Temple Avenue The 85" percentile speeds are 49 and 52 miles per hour.in the northbound and southbound directions, respectively. No change in the existing 50 miles per hour speed limit is recommended. GATEWAY CENTER DRIVE—BRIDGE GATE DRIVE TO GOLDEN SPRINGS DRIVE It is recommended the existing 40 miles per hour speed limit be reduced to 35 miles per hour. The 85th percentile speeds were measured at 28 miles per hour and 26 miles per hour, for northbound and southbound traffic, respectively. In addition, the accident rate at 1.53 accidents per million vehicle miles exceeds the average of 1.17 for similar streets. 25 GOLDEN SPRINGS DRIVE - WEST CITY LIMIT TO AVENIDA RANCHEROS /TEMPLE AVENUE West Citv Limit to Lemon Avenue The 85th percentile speeds of 46 and 48 miles per hour for eastbound and westbound traffic, respectively. Therefore, it is recommended the existing 50 miles per hour speed limit be decreased to 45 miles per hour. This limit will match the existing 45 miles per hour speed limit in the highway segment westerly of the city limits. Lemon Avenue to 900 feet West of Gona Court The 85th percentile speeds of 41 and 47 miles per hour for eastbound and westbound traffic, respectively. No change in the existing 40 miles per hour speed limit is recommended. 900 feet West of Gona Court to 1300 feet East of Adel Avenue No change in the existing 40 miles per hour speed limit is recommended. The 85th percentile speeds range from 41 to 49 miles per hour. Roadway and roadside development conditions are similar.throughout the entire segmenta Accident rates are higher than the average for other similar streets 1300 feet East of Adel Avenue to Copley Drive No change in the existing 45 miles per hour speed limit is recommended. Copley Drive to Grand Avenue The 85th percentile speeds are 47 and 46 miles per hour for eastbound and westbound traffic, respectively. No change in the existing 45 miles per hour speed limit is recommended. Grand Avenue to Sabana Drive The 85th percentile speeds are 47 miles per hour for eastbound and westbound traffic, respectively. The accident rate at 0.93 accidents per million vehicle miles is higher than the average of 0.90 for similar streets. .No change in the existing 45 miles per hour speed limit is recommended. Sabana Drive to Platina Drive No change in the existing 40 miles per hour speed limit is recommended. Plating Drive to Avenida Rancheros/Temple Avenue No change in the existing. 45 miles per hour speed limit is recommended. 85th percentile speeds are in the 43 to 49 miles per hour range. School zones for Lorbeer Middle School at Diamond Bar Boulevard, Golden Springs Elementary School at Ballena Drive and Diamond Point Elementary School at Sunset Crossing Road are identified with standard school signs. 26,: GRAND AVENUE-WEST CITY LIMIT TO EAST CITY LIMIT The 85" percentile speeds are in the 43 to 50 miles per hour range. No change in the existing 45 miles per hour speed limit is recommended. LEMON AVENUE -NORTH CITY LIMIT TO GOLDEN SPRINGS DRIVE The 85" percentile speeds are 45 miles per hour in the northbound and southbound directions,respectively. The Walnut Elementary School abuts this roadway, therefore pedestrian safety for children in route to and from school is a safety consideration. The speed limit in the segment immediately north of this segment is 40 miles per hour. Based on the pedestrian safety concern and the need to maintain continuity of speed limits with adjacent road segments that have similar traffic conditions, it is recommended the existing 40 miles per hour speed limit be retained. A school zone for at Lycoming Street is identified with standard school signs. LYCOMING STREET-LEMON AVENUE TO BREA CANYON ROAD The 85" percentile speeds are 34 and 36 miles per hour in the eastbound and westbound directions,respectively. The Walnut Elementary School zone abuts this roadway between Glenwick Avenue and Lemon Avenue. It is identified with standard school signs. No change in the existing 35 miles per hour speed limit is recommended. MONTEFINO AVENUE-GRAND AVENUE TO DIAMOND BAR BOULEVARD No change in the existing 25 miles per hour speed limit is recommended. PATHFINDER ROAD-WEST CITY LIMIT TO DIAMOND BAR BOULEVARD West City Limit to Brea Canyon Road North No change in the existing 45 miles per hour speed limit is recommended. Brea Canyon Road North to Brea Canyon Road South/Fem Hollow Drive No change in the existing 40 miles per hour speed limit is recommended. Brea Canyon Road South/Fem Hollow Drive to Diamond Bar Boulevard No change in the existing 45 miles per hour speed limit is recommended: The school zone for Diamond Bar High School at Brea Canyon Road South/Fern Hollow Drive is identified with standard school signs. SUNSET CROSSING ROAD-WEST CITY LIMIT TO GOLDEN SPRINGS DRIVE West City Limit to Diamond Bar Boulevard i 27 I The 85"percentile speeds are 39 and 40 miles per hour for eastbound and westbound traffic, respectively. Raised medians are located in the center of this segment and the single family homes along the south side of the street meet the residential density requirements to justify establishment of the speed limit at the five-miles per hour increment below the 85th percentile speed.Therefore, it is recommended the existing 35 miles per hour speed limit be retained. Diamond Bar Boulevard to Golden Springs Drive The 85th percentile speeds range from 21 to 34 miles per hour. The accident rate for the segment between Bower Cascade Place and Del Sol Lane exceeds the rate for similar streets. Therefore, it is recommended the speed limit be reduced from 30 miles per hour to 25 miles per hour. i TEMPLE AVENUE—DIAMOND BAR BOULEVARD TO GOLDEN SPRINGS DRIVE No change in the existing 45 miles per hour speed limit is recommended. Critical speeds are in the 34 to 39 miles per hour range and there is no recorded accident history. Temple Avenue is a boundary line street shared with the City of Pomona.. VALLEY VISTA DRIVE—GATEWAY CENTER DRIVE TO BRIDGEGATE DRIVE There is no posted speed limit on this street. The 85th percentile speeds are 37 and 36 miles per hour for northbound and southbound, respectively. Therefore, it is recommended the speed limit be established at 35 miles per hour. WALNUT DRIVE-WEST CITY LIMIT TO LEMON AVENUE The 85th percentile speeds are 44 and 42 miles per hour in the eastbound and westbound directions, respectively. The recommended safe speed for Walnut Drive is 40 miles per hour. Walnut Drive is established as a 48 foot wide multi-lane arterial roadway providing access to commercial and industrial development along the north side of the Pomona Freeway, S R. 60, A high percentage of the daily traffic is large semi-trucks. These vehicles, frequently parked in the roadway while waiting to enter commercial/industrial concerns block curb lanes to through traffic, causing motorists to make abrupt and oftentimes high speed lane changes. i A 45 miles per hour speed limit is posted on Walnut Drive in the City of Industry where there is less abutting development and where Walnut Drive serves as the Pomona Freeway, S.R. 60, north frontage road. WASHINGTON STREET-BREA CANYON ROAD TO NORTHEAST CITY LIMIT The 85th percentile speeds are 36 and 32 miles per hour for eastbound and westbound traffic, respectively. Therefore, it is recommended the existing.40 miles per hour speed limit be decreased to 35 miles per hour. 28 REFERENCES California Vehicle Code Definitions 235-Business District 240-Business and Residential District Determination 515-Residential District 627-Engineering and Traffic Survey Sections 22349-Maximum Speed Limit 22350-Basic Speed Law 22351 -Speed Law Violations 22352-Prima Facie Speed Limits 22357-Increase of Local Limits 22358-Decrease of Local Limits 22358.5-Downward Speed Zoning 22359-Boundary Line Streets 22361 -Multiple-Lane Highways 40801-Speed Trap Prohibition 40802-Speed Traps 40803-Speed Trap Evidence Caltrans Traffic Manual California Manual on Uniform Traffic Control Devices Traffic Engineering Handbook 29 ORDINANCE NO. OX-2011 AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING SECTION 10.12.310 OF TITLE 10, CHAPTER 10.12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS ON SPECIFIED CITY STREETS The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Section 10.12.310 "Prima facie speed limits on specified city streets" of Title 10, Chapter 10.20 of the Diamond Bar Municipal Code is amended in its entirety to read as follows: (a)The prima facie speed which is most appropriate to facilitate the orderly movement of traffic and is a speed limit which is reasonable and safe on such portion of each such street is set forth in this subsection for each such street: Avenida Rancheros/Temple Ave, Diamond Bar Boulevard to 45 mph Northeast City Limits Brea Canyon Road, North City Limits to Washington Street 40 mph Brea Canyon Road, Washington Street to Lycoming Street 40 mph Brea Canyon Road, Lycoming Street to Golden Springs Drive 40 mph Brea Canyon Road, Golden Springs Drive to Pathfinder Road 45 mph Brea Canyon Road, Pathfinder Road to Fountain Springs Drive 40 mph Brea Canyon Road, Fountain Springs Drive to Diamond Bar 45 mph Boulevard Brea Canyon Road, Diamond Bar Boulevard to Copper Canyon 45 mph Drive Brea Canyon Road, Copper Canyon Drive to South City Limits 50 mph Brea Canyon Cut-Off,West City Limits to Brea Canyon Road 40 mph Bridgegate Drive, Copley Drive to Valley Vista Drive 35 mph Chino Avenue, Chino Hills Parkway to East City Limits 50 mph Chino Hills Parkway, North City Limits to South City Limits 50 mph Copley Drive, Golden Springs Drive to Bridge Gate Drive 35 mph Diamond Bar Boulevard, Brea Canyon Road to Goldrush Drive 45 mph Diamond Bar Boulevard, Goldrush Drive to Highland Valley Road 40 mph Diamond Bar Boulevard, Highland Valley Road to Temple Avenue 50 mph 1- Gateway Center Drive, Bridge Gate Drive to Golden Springs Drive 35 mph Golden Springs Drive,West City Limits to Lemon Avenue 45 mph Golden Springs Drive, Lemon Avenue to 900 feet west of Gona 40 mph Court Golden Springs Drive, 900 feet west of Gona Court to 1,300 feet 40 mph East of Adel Avenue Golden Springs Drive, 1,300 feet east of Adel Avenue to Sabana 45 mph Drive Golden Springs Drive, Sabana Drive to Platina Drive 40 mph Golden Springs Drive, Platina Drive to Avenida Rancheros/Temple 45 mph Avenue Grand Avenue,West City Limits to East City Limit 45 mph Lemon Avenue, North City Limits to Golden Springs Drive 40 mph Lycoming Street, Lemon Avenue to Brea Canyon Road 35 mph Montefino Avenue, Grand Avenue to Diamond Bar Boulevard 25 mph Pathfinder Road,West City Limits to Brea Canyon Road -North 45 mph Pathfinder Road, Brea Canyon Road-North to Brea Canyon Road- 40 mph South/Fern Hollow Drive Pathfinder Road, Brea Canyon Road-South/Fern Hollow Drive to 45 mph Diamond Bar Boulevard Sunset Crossing Road,West City Limits to Diamond Bar Boulevard 35 mph Sunset Crossing Road, Diamond Bar Boulevard to Golden Springs 25 mph Drive Temple Avenue, Diamond Bar Boulevard to Golden Springs Drive 45 mph Valley Vista Drive, Gateway Center Drive to Bridgegate Drive 35 mph Walnut Drive,West City Limits to Lemon Avenue 40 mph Washington Street, Brea Canyon Road to Northeast City Limits 35 mph The prima facie speed which is most appropriate to facilitate the orderly movement of traffic and is a speed limit which is reasonable and safe on all streets other than the streets listed above is 25 mph. (b) The city engineer is hereby authorized and directed to install appropriate signs upon such portion of each such street specified herein giving notice of the primate facie speed limit for each such street declared in this section. (c) No person shall operate any vehicle in violation of this section. -2- SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end,the provisions of this Ordinance are severable. SECTION 3: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Diamond Bar's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance,cause it to be published or posted in accordance with California law. SECTION 4: This ordinance shall take effect thirty (30) days after the date of its passage. PASSED,APPROVED AND ADOPTED THIS_DAY OF 2011. Mayor -3- I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of ,2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: City Clerk of the City of Diamond Bar -4- I DEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA ci r�'�nC1TO1tA�G��� SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMP INSTALLATION PROJECT CITY PROJECT NUMBER 27011 CDC PROJECT NUMBER 601314-10 All Questions Regarding This Project Are To Be Directed To: ' Mr.David.G.Liu,P.E. Director of Public Works/City Engineer City of Diamond Bar (909)839-7040 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 James DeStefano,City Manager November 2010 CI'T'Y OF DIAMOND BAR SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF 2010-2011 COMMUNITY(DEVELOPMENT BLOCK GRANT CURB RAW INSTALLATION PROTECT CITY PROJECT NUMBER 27011 CDC PROTECT NUMBER 601314-10 By: Surender Doran ate PE No,34559 Exp.September 30,2011 PREPARED BY: DMS Consultants,Inc. Q"()FESS, 12371 Lewis Street,Suite 203 Garden Grove,CA 92840 , 2 Telephone:714-740-8849 `� (0 No. 55 Exp. �r clwti ��e SOF GA��FO The City Clerk of the City of Diamond Bar,California will receive at her office in the City Hall, in said City,until 2:00 p.m.on December 21,2010 sealed bids for the performance of the above described services. TABLE OF CONTENTS ITEMS PAGES' NOTICE INVITING SEALED BIDS 1-2 INFORMATION FOR BIDDERS 3-7 BID 8-9 BID SCHEDULE 10-12 LIST OF SUBCONTRACTORS 13 DECLARATION OF ELIGIBILITY TO CONTRACT 14-15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD 16 AFFIDAVIT FOR CO-PARTNERSHIP FIRM 17 AFFIDAVIT FOR CORPORATION BIDDER 1 S 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 27-33 GENERAL PROVISIONS 34-3.6 SPECIAL PROVISIONS 37-41. TECHNICAL PROVISIONS 42-47 APPENDICES A. FEDERAL/STATE CONTRACT COMPLIANCE DOCUMENTS&FORMS B. FEDERAL WAGE SCHEDULE C. LOCATIONS OF WORK/CURB RAMP WORKSHEET TABLE D. STANDARD DRAWINGS E. CONSTRUCTION AND DEMOLITION REQUIREMENTS TOG1 CITY OF DIAMOND BAR NOTICE INVITING SEALED BIDS FOR CONSTRUCTION OF 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMP INSTALLATION PROJECT CITY PROJECT NUMBER 27011 CDC PROJECT NUMBER 601314-10 LABOR REOUIREMENT SUMMARY: This is a federally-assisted construction contract. Federal Labor Standards Provision, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wage rates,the higher of the two will prevail. The Contractor's duty to pay State prevailing wages can be found under the Labor Code Section 1770 et. seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. 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 December 21,2010 for the furnishing of all labor, materals and equipment for construction of access ramps, construction of curb and gutter, curb, sidewalk, and other incidental appurtenant work. The words "Bid: Do not oven City of Diamond Bar, 2010-2011 Community Development Block Grant (CDBG) Curb Ramp Installation Project, City Project Number 27011 to be opened at 2:00 p.m.on December 21,2010"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 December 21,2010. DESCRIPTION OF WORK: The work.to be performed or executed under these specifications consists of and includes the construction of access ramps, construction of curb and gutter, curb, sidewalk and other incidental and appurtenant work necessary for the proper construction of the contemplated 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 2010—2011 Community Development Block Grant(CDBG)Curb Ramp Installation Project is estimated to cost$80,800.00 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. 1 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 Worker's Compensation Insurance,finish a satisfactory Faithful Performance Bond in the amount of one hundred percent(106%)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 ninety(90)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. 2 MY OF DIAMOND BAR,CALIFORNIA INFORMATION FOR BIDDERS 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, 2006 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 famish 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 quantities and 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. 3 6. BIDDER'S EXAN41NATION 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 famished, and as to the requirements of the contract, specifications 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 famished 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 4 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. No award will be made to any bidder who cannot give satisfactory assurance as to his ability to carry out the Contract,both from his financial rating and by reason of his previous experience as a Contractor on work of the nature contemplated in the Contract. The bidder may be required to submit his record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work maybe sufficient cause for rejection of the bid. 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 ager 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 forms will be completed in its entirety. 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 5 i 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 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. ENIPLOYMENT 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 jorganization 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 Sealed Bids" section of these specifications. The Contractor shall forfeit as 6 penalty to the City of Diamond Barg twenty-five dollars ($25:00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if suchlaborer, 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. TWE 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)working 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-receipients,the conflict of interest provisions in(State LCA-24 CFR 85.36 and Non-Porift 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 award of administration of a contract supported by Federal funds if a conflict of interest,real or apparent,would be involved. 7 BID . FOR CONSTRUCTION OF 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT.(CDBG) CURB RAMP INSTALLATION PROJECT CITY PROJECT NUMBER 27011 CDC PROJECT NUMBER 601314-10 Date 12010. 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, 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 8 quantities set forth are estimates, and that the unit prices will apply to the actual quantities whatever they maybe. 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 fiuuished, 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 9 BID SCHEDULE FOR CONSTRUCTION OF 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) CURB RAMP INSTALLATION PROJECT CITY PROJECT NUMBER 27011 CDC PROJECT NUMBER 601314-10 (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. UNIT ITEM TOTAL IN® ITEM DESCRIPTION QUANTITY UNIT PRICE figsin (in figures) Dollars Cents Dollars Cents Remove existing improvements and construct curb ramp per SPPWC Std.Plan No.111-4. 1 Type and Case per Access Ramp Work Sheets 32 EA for Areas 1,2&3 in Appendix"C"of the S ecifications. Flintgate Drive/Clorinda Drive Intersection S.E.Corner 2 Remove existing improvements and construct 1 EA curb ramp per SPPWC Std.Man No.111-4. Type and Case.per detail in Area 2,Appendix "C"of the Specifications. Flintgate Drive/Clorinda Drive Intersection S.W.Comer 3 Remove existing improvements and*construct 1 EA curb ramp per SPP.WC Std.Plan No.111-4. Type and Case per detail in.Area 2,Appendix "C"of the S ecifications. Camaritas Drive/Sabana Drive Intersection N.E.Comer 4 Remove existing improvements and construct 1 EA curb ramp per SPPWC Std.Plap No. 111-4. Type and Case per detail in Area 3,Appendix "C"of the Specifications. i 10 i UNIT ITEM TOTAL NO. ITEM DESCRIPTION QUANTITY UNIT PRICE es) (in figures) Dollars Cents Dollars Cents Camaritas Drive/Sabana Drive Intersection N.W.Comer 5 Remove existing improvements and construct 1 EA curb ramp per SPPWC Std.Plan No.1114. Type and Case per detail in Area 3,Appendix "C"of the S ecifications. Install 4'x3'surface mounted truncated dome, 6 see Work Sheet,Area 3,Appendix"C"of the 4 EA Specifications for location. - 7 Remove existing sidewalk and reconstruct per 100 SF SPPWC Std.Plan No.112-2. g Remove existing curb and gutter and 20 LF reconstruct per SPPWC Std.Plan No.120-2. 9 Mobilization(not to exceed 5%of total bid 1 LS amount- TOTAL AMOUNT BID IN WORDS: 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. 11 NAME OF BIDDER(PRRgT) 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 iliat 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 i j 12 i i DIST 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 DECLARATION 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 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 17.77.7 of the Labor Code,or any other provision of law. i 14 I declare under penalty of perjury"under the laws of the State of California that the foregoing is true and correct. Executed this day of ,2010,at (place of execution). Signature Name: Title: Name of Company: i 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD 2010-2011 Community Development Block Grant Project Identification: (CDBG)Curb Ramp Installation Project 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 2006 2007 2008 2009 2010 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 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. Name of Bidder(Print) Signature Address State Contractor's License Number&Class City Zip Code Telephone 16 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 12010 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 I AFFIDAVIT FOR MIVH)UAL BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly swom,deposes and says: That he 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 12010 Signature of Officer Administering Oath(Notary Public) 19 AFFIDAVIT FOR JOINT VENTURE 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. Signature Subscribed and sworn to before me this day of ,2010 i Signature of Officer Administering Oath(Notary Public) 20 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 2010-2011 Community Development Block Grant (CDBG) Curb Ramp Installation Project, City Project Number 27011 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 famished,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 2010-2011 Community Development Block Grant (CDBG) Curb Ramp Installation Project,City Project Number 27011 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 finished,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 72010. PRINCIPAL SURETY BY: (SEAL) (SEAL) 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 2010-2011 Community Development Block Grant(CDBG)Curb Ramp Installation Project,City Project Number 27011. ` 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 12010. (SEAL) PRINCIPAL SIGNATURE AND TITLE (SEAL) SURETY SIGNATURE AND TITLE NOTE: Signatures of those executing for the Surety must be properly acknowledged 23 CERTIFICATION OF NON-DISCRD/aNATION 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 orobserve 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: 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 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 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 ) being first duly sworn, deposes and says that he or she is of the parry 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 shallrefrain 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 I . 26 I 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 fiunishing labor, equipment and material for the 2010-2011 Community Development Block Grant (CDBG)Curb Ramp Installation Project in the City of Diamond Bar. NOW,THEREFORE,in consideration of the mutual covenants herein contained,it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall fiunish all necessary labor, tools, materials, appliances,and and equipment for and do the work for the 2010-2011 Community Development Block Grant(CDBG)Curb Ramp Installation Project, City Project Number 27011 in the City of Diamond Bar. The work.to be performed in accordance with the plans and specifications,dated 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 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. TERMS OF CONTRACT: Since this is a Federally assisted construction project,Davis- Bacon will be enforced. If Federal and State wage rates are applicable,then the higher of the two will prevail. The Federal Labor Standards Provisions (Form HUD-4010) and the Federal Wage Determination are attached and made part of this agreement,and compliance will be enforced. The CONTRACTOR agrees to complete the work within thirty (30) consecutive 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 27 the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractorr 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 incarrying 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. j C. Each such policy of insurance provided for in paragraph b.shall: 1) Be issued by an insurance company approved in writing by City,which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar,its officers, agents and employees,and any other parties specified in the bid documents to be so included; 28 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(3 0)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. 29 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: I a. CONTRACTOR will defend any action or actions filed in connection with any such clairns, damages, penalties,obligations or liabilities and will pay all costs and 30 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 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 parry 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 fins 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. 31 10. CONTRACTOR'S WARRANTY OF COMPLIANCE WITH THE COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM--- a. ROGRAM: a. The Contractor acknowledges that the County has established a.goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations(secured and unsecured roll)in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Contractor qualifies for an exemption or exclusion,the Contractor warrants and certifies that to the best of its knowledge it is now in compliance,and during the term of this Contract will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code,Chapter 2.206. b. Failure of the Contractor to maintain compliance with the requirements set forth in the "COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM" shall constitute default under this Contract. Without limiting the rights and remedies available to the City under any other provision of this Contract,failure of the Contractor to cure such default within 10 days of notice shall be grounds upon which the City may suspend or terminate this contract pursuant to the County's Defaulted Property Tax Reduction Program found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code,Chapter 2.206. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated 13. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the agreement,the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 14. TERMINATION: This agreement may be terminated by the City, without cause,upon the giving of a written"Notice of Termination"to CONTRACTOR at least thirty(30) days prior to the date of termination specified in the notice. In the event of such termination,CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date,of termination. 32 l 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. By: TITLE Date CITY OF DIAMOND BAR,CALIFORNIA By: CAROL HERRERA,MAYOR Date ATTEST: By: TOMMYE CRIBBINS,CITY CLERK Date CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date 33 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 curb ramp,removal and construction curb, curb and gutter, sidewalk and other incidental appurtenant work. LOCATION OF WORK Improvements are to be constructed at the locations shown in Appendix C(Attached). r 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 is not guaranteed to be complete or correct: UNDERGROUND SERVICE ALERT (800)422-4133 CITY OF DIAMOND BAR LOS ANGELES COUNTY SHERIFF'S 21825 Copley Drive Department 2 Diamond bar,CA 91765-4178 1695 East Valley Blvd. (909)839-7040 Walnut,CA 91789 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 SEWER CALTRANS LA County Department of Pulbic Works District 7 Waterwodks&Sewer Maintenance Division 120 S.Springs Street (626)300-3306 Los Angeles,CA 90012 (213)897-3667 34 STORM DRAIN SCHOOL LA County Flood Control District Lorbeer Middle School 900 S.Fremont Avenue 501 Diamond Bar Boulevard Alhambra,CA 91803 Diamond Bar,CA (626)445-7630 TIME WARNER CABLE TRASH 20965 Lycoming Street Valley Vista Services Walnut,CA 91789 16000 Temple Avenue (626)914-4382 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 Snecifioations 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 aineded 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 notify Agency in writing and before further disturbing the site,if any,of the conditions set forth below . are discovered: 35 1. Materials that the Contractor'believes maybe 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. 36 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 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 noncompliance. The Contractor shall make all repairs,replacements,and restorations within 30 days after the date of the Engineer's written notice. 37 4-1.5 Trade Nam es.or Equals. Approvel of equipment and materials offered as equivalents tothose 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 Worldng.Day. The Contractor's activities shall be confined to the hours from 7:30 am.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 compliance officers. 7-3 LIABILITY INSURANCE The liability insurance coverage values are hereby amended to be: 38 - Insurance Coverage Requirements Limit Requirements Comprehensive General Liability $1,000,000 Product/Completed Operations Hazard $1,000,000 Comprehensive Automobile Liability $1,600,000 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 sectond paragraph of Subsection 7-9 of 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. Where existing traffic striping, pavement markings and curb markings are damaged or their 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 improvements and shall match such improvements in finish and dimensions unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Subsection 7-10.1 of the Standard Specifications is amended 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 12-foot 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 famished as, in the opinion of the Engineer,may seen!reasonable and necessary. The cost and expense of said labor and material, 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 full responsibility for public safety. i 40 I 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.f1a Cher 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 amoung 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 ss 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 percent (100%) of each payment request if the Contractor files a bond or places the retention in escrow. Final Payments. 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. Guarantee. The Contractor agrees for a period of one year,commencing with the recorded Notice of Completion,to correct without additional charge to the City,ant defects ni the work performed. 41 TECffivICAL PROVISIONS SECTION 1—TRAFFIC CONTROL(Not a Bid Item) Traffic control, construction signing and traffic flow maintenance shall comply with 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. PUBLIC CONVENIENCE At the pre-construction meeting, the Contractor shall submit a construction schedule to the City for approval. Based on the construction schedule, the Contractor will post temporary "NO PARKING" signs in the vicinity of the work area if required and as determined by the City's Inspector at no cost to the City.- Signs shall be of the format approved by the City and be posted along the curb. Signs may be attached-to existing poles, street light standards or Type-1 barricades. The"NO PARKING" signs, if deemed necessary,shall be in place not less than forty-eight(48)hours prior to performing the work. The Agency will require the Contractor to distribute one(1)"Public Notice"to each residence located adjacent to or across from the work The Notice shall be distributed seven(7)days prior to the start of any work. A sample copy of the Notice must be approved by the City. All complaints received by the City associated with the work alleging damage to prviate property and/or 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 per day. 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. 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 finished work as a result of vandalism (i.e.,vehicle tracks,footprints,writing,etc.)and defective work until the work has been accepted by the City Council. CONSTRUCTION SIGNING j Construction signing shall consist of furnishing,installing,maintaining,and removing construction signs and barricades as required by the"Manual of Traffic Controls for Construction and Maintenance Work Zones." The traffic control system shall be installed prior to starting work and shall not be removed until all work has been completed. i II42 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. Payment for traffic control will be included in the unit price bid for other items of work and shall include famishing all materials,labor,equipment,and all incidentials necessary to complete the work in accordance with the Standard Specifications and these Special Provisions. SECTION 2 — CLEARING, GRUBBNG, AND MISCELLANEOUS REMOVALS AND DISPOSALS(Not a Bid Item) This work shall conform to the provisions of Section 16, 206-6, and 303-3 of the Standard Specifications with the following modifications: Clearing, grubbing, and miscellaneous removals, disposals and recycling shall include all native materials,P.C.C.,rubbles,aggregates,rock,trash,debris,and other unsuitable materials and all the work involved in disposing and preparing that volume of materials where existing sub-grade is to be. compacted and new curb ramps,sidewalk and other improvements are to be constructed. The sale of materials and/or improvements on the project are prohibited. Except where specifically called out for removal,the Contractor shall protect existing curb, gutter,meter boxes,fences and other improvements throughout the project limits. All existing fences,block wall, stucco adjoining the work shall be protected in place. The Contractor shall repair any damage caused by his operations. Payment for this item shall be,included in the cost of other items of work and no additional compensation shall be allowed. SECTION 3 — REMOVE EXISTING IMPROVEMENTS AND CONSTRUCT NEW CURB RAMPS(Bid Item No.1-5) Contractor shall remove existing concrete, concrete curb, concrete curb and gutter, sidewalk, planting material, irrigation system and planting soil, and required adjacent pavement to construct new curb ramps per standard specifications for Public Works Standards. Limits and details referred to are in Appendix C of these specifications. Contractor shall remove existing curb portion of concrete spandrel by saw cutting existing concrete curb as close as possible to the face of curb and shall remove existing curb and gutter,portion of concrete spandrel and adequate adjacent pavement by saw cutting (minimum one foot wide for removal of pavement),to install new curb ramps. Concrete shall be of 520-C-2500 class and all work shall conform to Section 303-5 of the Standard Specifications. The City will NOT allow curb cuts with horizontal machines. Complete removal of curb and gutter is required to construct new curb ramps per standard plans and specifications for Public Works Construction. 43 Truncated Domes shall be 4'X 3'panels poured in place. The truncated Domes shall be Gray in color. Shop drawings and color sample for the truncated dome panels shall be provided to the City for approval. Truncated dome panels shall not be installed prior to City appoval of the shop drawings and color sample. Detectable warnings shall consist of a surface of truncated domes aligned in a square grid pattern and meeting the Technical Specifications of the Americans with Disabilities Act Accessibility Guidelines (ADAAG). The truncated dome panels shall be installed according to the manufacturer's recommendations. The installation area should be clean of all debris, oil, grease and free of moisure. Detectable warning surfacesshall extend 36 inches in the direction of travel and the RM width of the curb ramp landing. Detectable warnings shal consist of raised'truncated domes with a diameter of nominal nine-tenths of an inch(0.9"), a height of nominal two-tenths of an inch(0.2") and a center-to-center spacing of nominal two and thirty-five hundreths of an inch(2.35"). Payment for removal of existing sidewalk,curb,curb and gutter,curb and portion of concrete spandrel, planting material, irrigation system, and soil, and required adjacent pavement and construction_of new curb ramps, includes providing all labor, materials, tools, equipment for saw cutting, excavation, grading,removal,haul-away and preparation of sub-grade and installation of new curb ramps inclusive of curb and curb and gutter.and adjacent pavement as required, and protection of newly installed improvements against vandalism,shall be paid at the contract unit price per each and there shall be no further compensation for this item of work. Bituminous material for AC replacement shall be PG 64-10-B and shall conform to Sections 203,300 and 302 of the Standard Specifications for Public Works Construction(SSPWC). Payment for this item of work shall include cost of adjustment, relocation/repair of existing irrigation systems, backfilling the .planting area with approved top soil in the planting areas as required to complete construction of the new curb ramps. Payment for this item of work shall include cost of removal and replacement of asphalt concrete pavement(strip of 12"wide) and to the depth of existing pavement plus one inch over compacted(to 95%relative compaction)base or sub-base along curb and gutter. Payment for this item of work shall include cost of relocation of street name signs or any other signs to be affected by the construction in the cost installation of curb ramps. SECTION 4—INSTALL 41X3'SURFACE MOUNTED TRUNCATED DOME Bid Item No..6) Truncated Domes shall be 4'X 3'panels. The truncated domes shall be Gray in color. .44 Shop drawings and color sample for the trnucated dome panels shall be.provided to the City for approval. Truncated dome panels shall not be installed prior to City appovalof the shop drawings and color sample. Detectable warnings shall consist of a surface of truncated domes aligned in a square grid pattern and meeting the.Technical Specifications of the Americans with Disabilities Act Accessibility Guidelines (ADAAG). The surface mounted truncated dome panels shall be installed in accordance with manufacturer's specifications. The installation area shall be cleaned of all debris,oil,etc. The Contractor shall make sure that area is free of moisture.Detectable warning surfaces shall extend 36 inches in the direction of travel and the full width of the curb ramp landing. Detectable warnings shal consist of raised truncated domes with a diameter of nominal nine-tenths of an inch(0.9"), a height of nominal two-tenths of an inch(0.2")and a center-to-center spacing of nominal two and thirty-five hundreths of an inch(2.35"). Payment for installation of surface mounted truncated domes shall be paid at the contract unit price per each and shall include all work required to complete the installation and no additional compensation will be allowed therefore. SECTION 5 — REPLACE AFFECTED STOP BARS RED PAINT ON CURBS AND CROSSWALK(Not a Bid Item) Contractor shall replace affected stop bars,red paint on curbs and crosswalk by appropriate means to the satisfaction of the Engineer per Section 210 of Standard Specifications for Public Works Construction. Payment for work associated with the replacement of affected stop bars, red paint on curbs and crosswalk shall be included in the unit price per each for curb ramp installation and there shall be no additional compensation for this item of work. SECTION 6—PCC SIDEWALK AND PCC CURB AND GUTTER Bid Item No. 7 and 8) Bid items shall consist of construction of Portland Cement Concrete items as indicated on the plans. All work shall conform to Subsection 303-5, "Concrete Curb, Walk, Gutters, Driveways,,and Alley Intersection,"of the Standard Specifications,and to the following SPPWA Standard Drawings: SPPWC TYPE 8-inch Curb,with 2 footer Gutter 120-2 A2-8 Sidewalk 112-2 Payment for construction of P.C.C.sidewalk,including sawcutting,excavation,grading and preparation of subgrade shall be paid for at the contract unit price per square foot and no additional compensation will be allowed therefore. Payment for construction of.P.C.C.curb and gutter,including removing of any existing curb and gutter, sawcutting, excavation,grading and preparation of subgrade shall be paid for at the contract unit price per linear foot and no additional compensation will be allowed therefore. 45 SECTION 7—MOBILIZATION Bid Item No.9) Mobilization shall conform to the provisions of Sections 9-3.4 of the Standard Specifications. Mobilization and demobilization 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. Los Angeles County Department of.Public Works Cashier's Office 900 South Fremont Avenue Alhambra,CA 91803 Telephone:626-458-6959 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. The Contractor shall protect by any means all construction related materials from being discharged from the site by the forces of wind and 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. 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. i 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 46 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 furnishing 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. Payment for Mobilization shall be included in the Lump Sum(LS)Price(not to exceed 5% of bid total)and shall be considered full 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. No additional compensation will be allowed therefore. 47 APPENDIX A FEDERAL/STATE CONTRACT COMPLIANCE DOCUMENTS &FORMS i APPENDIX Federal/State Contract Compliance Documents& Forms AP-2 - Federal Contract Compliance Document Submittal Summary AP-3 . - Federal Equal Opportunity/Affirmative Action Requirements AP-11 - Federal Labor Standards Provisions(including Davis-Bacon Act requirements; Contract Work Hours&Safety Standards Clauses;Copeland Anti-Kickback Act Clause;and Employment of Apprentices/Trainees Clauses) AP-16 - Contracting with Small and Minority Firms,Women Business Enterprises and Labor Surplus Firms AP-17 - Certification of Non-Segregated Facilities AP-18 - Certification with Regards to the Performance on Previous Contracts AP-19 - Subcontractors Award Notice AP-20 - Notice of Equal Employment Opportunity AP-21 - Certification of Fringe Benefits AP-22 - Certification of Understanding and Authorization AP-23 - County Lobbyist Certification AP-24 - Non-Collusive Affidavit AP-25 - Non-Collusive Affidavit(Subcontractor) AP-26 Report of Additional Classification and Rate AP-27 - Certification of Understanding and Authorization AP-28 - Certified Payroll Report AP-29 - Instructions for Certified Payroll Report AP-32 - Statement of Compliance AP-33 - Instructions for Statement of Compliance AP-34 - Labor Poster(WH-1321) AP-35 - Equal Employment Opportunity Poster AP-36 - Worker's Compensation Certification AP-37 - Federal/State Wage Decision/Determination AP-1 FEDERAL CONTRACT COMPLIANCE DOCUMENT SUBMITTAL SUMMARY Federal Contract Submitted By Submittal/ Compliance Forms (C=Contractor S=Subcontractor) Activity Period C With the Bid Proposal Certification of Non-Segregated Facilities 'S Within 10 days of pre-construction meeting Certification withRegards to the Performance on Previous C With the Bid Proposal Contracts S Within 10 days of pre-construction meeting C With the Bid Proposal Subcontractors Award Notice S At pre-construction meeting Notice of Equal Employment Opportunity C With the Bid Proposal S Within 10 days of pre-construction meeting Certification of Fringe Benefits C/S Within 10 days of pre-construction meeting Certification of Understanding and Authorization C/S If applicable,with first Certified Payroll Report C With the Bid Proposal County Lobbyist Certificate S Within 10 days of pre-construction meeting C With the Bid Proposal Federal Lobbyist Certificate S Within 10 days of pre-construction meeting C With the Bid Proposal Non-Collusive Affidavit S N/a C At Contract Award Report of Additional Classification and Rate S At pre-construction meeting Certified Payroll Report with attached Stmt.of Compliance C/S Weekly until"final" C Post at construction site Labor Poster(WH-1321) S N/a C Post at construction site Equal Employment Opportunity Poster S N/a C With the Bid Proposal Worker's Compensation Certification S At pre-construction meeting C If applicable,with the Bid Proposal Section 3 Economic Opportunity Plan S If applicable,within 10 days of pre-construction meeting C If applicable,with the Bid Proposal/Submit to labor Section 3 Commitment Notice unions/representatives;of workers/Post at construction site S If applicable,within 10 days of pre-con.meeting/Submit to labor unions/representatives of workers/Post at office C if applicable,with the Bid Proposal Section 3 Resident Certification S If applicable,within 10 days of hire C If applicable,with the Bid Proposal Section 3 Business Certification S If applicable,within 10 days of award Section 3 Summary Report CIS If applicable,June 30th and with final Certified Payroll Report C Post at construction site/Provide copies to subcontractors Federal/State Wage Decision/Determination S N/a I AP-2 FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIREMENTS 1. EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed. And that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates.of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,color, religion,sex,or national origin. C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or outstanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules, regulations,and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by.the administering agency and the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations,and orders. If. In the event of the contractor's noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 196.5, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9. The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempt by rules, regulations, or orders of the secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the AP-3 contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY(Executive Order 11246). a. The Offeror's or Bidder's attention is called to the"Equal Opportunity,Clause" and the "Standard Federal Equal Employment Specifications"set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate work force in each trade on all construction work in the covered area,are as follows: ................. ... Timetables Goals for Minority Goals for Female Participation for Each Trade Participation in Each Trade 28 3% 6.9% L.._...._ .....__ .__. -__i__ __ .. _ .... - _ ...- These goals are acceptable to all the contractor's construction work(whether or not it is Federal or federally assisted)performed in the covered area. If the contractor performs construction work in a geographical are located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its .implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR Part 60-4.3 (a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or.female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be given a violation of the contract, the Executive Order, and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. C. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under contract resulting from this solicitation. The notification shall.list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract;and the geographical area in which the contract is to be performed. d. As used in this notice, and in the contract resulting from this solicitation, the"covered area" is the Standard Metropolitan Statistical Area of Los Angeles-Long Beach, specifically the County of Los Angeles,State of California. 3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246) a. As used in these specifications: AP-4 (1) '"Covered area" means the geographical area described in the solicitation from which this contract resulted; (2) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any persons to whom the Director delegates authority; (3) "Employer identification number" means the Federal Social Security Number used on the Employer's Quarterly Federal Tax Return, United States Treasury Department Form 941. (4) "Minority'includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic(all persons of Mexican, Puerto Rican,Cuban, Central or South American or other Spanish culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent,or the Pacific Islands);and (d) American Indian or Alaskan Native(all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor,or any subcontractor at any tier,subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which contract resulted. C. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United Stated Department of Labor in the covered area either individually or through an association,its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with the Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the Equal Opportunity Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in Paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally AP-5 assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement,to refer either minority or women shall excuse the contractor's obligations under these specifications, Executive Order 11246,or the regulations promulgated pursuant thereto. f. In order for the nonworking training hours of apprentices and trainees to be conducted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period,and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training,subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor. g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites,and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foreman, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority and female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. (3) Maintain a current file of the names,addresses,and telephone numbers of each minority and female off-the-street applicant and minority or female referral from union, a recruitment source, or community organization and of what action was taken with respect to each such individual., If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or,if referred,not employed by the contractor,this shall be documented in the file with reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director where the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or women sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. AP-6 i (5) Develop on-the-job training opportunities and/or participate in.training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources complied under Paragraph 3g(2),above. (6) Disseminate the contractor's equal employment opportunity (EEO).policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; .and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review ofthese items with on-site supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall. be made and maintained identifying the time and place of these meetings, persons attending,such matter discussed,and disposition of the subject matter. (8) Disseminate the. contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. No later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources,the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures,and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and,where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the side and in other areas of a contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. AP-7 (13) Ensure that seniority practices,job classifications,work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and.company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. h. Contractors are encouraged to participate in voluntary associations which assist. fulfilling one or more of their affirmative action obligations described in Paragraphs 3g (1)through (16), above. The efforts of a contractor association,joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under Paragraphs 3g (1) through (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has.a positive impact on the employment of minorities and women in the industry, reflected in the contractor's minority and female work force participation, makes a good faith effort to meets its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. L A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women,both minority and non-minority. Consequently,the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example, even though the contractor has achieved its goals for women generally,the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). j. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. I. The contractor shall carry out such sanctions and penalties for violation of these specifications of the Equal Opportunity Clause, including suspension, termination,-and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended,and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanction and penalties shall be in violation of theses specifications and Executive Order 11246,as amended. AP-8 m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications,so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR Part 60-4.8. n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hour worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant 'Program). P. The Director from time to time,shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performs in specific geographic areas. The goals, which shall be applicable to each construction trade, shall be published as notices in the Federal register, and shall be inserted by the contracting officers and applicants,as applicable, in the Notice required by 41 CFR 60-4.2. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. 4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in excess of $10,000,the contractor/subcontractor shall: a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non-Segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing Required Reports. b. Submit a notification of the subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitution Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of$10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract;and the geographical area in which the contract is to be performed. C. Send a notice of the contractor's commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. AP-9 d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment. e. For contracts in excess of $10,000, bind subcontractors to the Federal equal employment opportunity requirements by including the provisions of Paragraphs 1 through 3,above,in the subcontract. 5. CIVIL RIGHTS ACT OF 1964. Under Title IV of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or part with funds made available under this Title. 7. THE AGE DISCRIMINATION ACT OF 1975. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under,any program or activity receiving Federal financial assistance. 8. REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps in the United States shall,solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to.discrimination under any program or activity receiving Federal financial assistance. AP-10 Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination;and ' United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry;and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (i) Minimum Wages. All laborers and mechanics wage.rates contained in the wage determination, employed or working upon the site of the work,will be paid (b) 'If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and. employed in the classification (if known), or their. without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or,cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor,Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may,be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period.that costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics,subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs (c) In the event the contractor,the laborers or mechanics incurred for more than a weekly period (but not less often to be employed in the classification or their than quarterly) under plans. funds, or representatives, and HUD or its designee do not agree on q y) p programs, which cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the constructively made or incurred during such weekly period. amount designated for fringe benefits,where appropriate), HUD or its designee shall refer the questions, including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4). representative,will issue a determination within 30 days of Laborers or mechanics performing work'in more than one receipt and so advise H'UD or its designee or will notify classification may be compensated at the rate specified for HUD or.its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent m each classification in which 1215-0140.) work Is performed. The wage determination(including any additional classification and wage rates conformed under (d) The wage 9 rate (including fringe benefits where 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs 1321)shall be posted.at all times by the contractor and its (1)(11)(b) or (c) of this paragraph, shall be paid to all subcontractors at the site of the work in a prominent and workers performing work in the classification under this accessible, place where it can be easily seen by the contract from the first day on which work is performed in workers. the classification. (it) (a) Any class of laborers or mechanics which is not (Iii) Whenever the minimum wage rate prescribed in the listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate,the conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof. have been met: (iv) if the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010(06/2009) Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1 AP-11 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe 'affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor,that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or Its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (11) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any'contract work is performed a copy of all cause 'to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements, sponsor,or owner,as the case may be,for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out _accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i)except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee(e.g.,the last four digits of the employee's .helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further htto://www.dol.cov/esa/whd/forms/wh347instr.htm or its payment, advance, or guarantee of. funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case 'of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (t) Payrolls and basic records. Payrolls and basic sponsor,or owner,as the case'may be,for transmission to records relating thereto shall be maintained by the HUD or its designee,the contractor,or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(8) of the Davis-bacon Act), daily and 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete forth HUD-4010(06/2009) Page 2 of 5 ref.Handbook 1344.1 AP-12 (2) That each laborer or mechanic(including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition,any apprentice performing work on that no deductions have been made either directly or the job site in excess of the ratio permitted.under the Indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered,the ratios and wage rates specified in the applicable wage determination (expressed in percentages of thejourneyman's hourly incorporated Into the contract. rate) specified in the contractor's or subcontractor's c The week) submission of a registered program shall be observed. Every apprentice ( ) y properly executed .specified in the certification set forth the reverse side Optional Form' registered program for the apprentice's level of progress, Wshall satisfy the requirement for submission must be paid at not less than the rate of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph specified 1n the applicable wage determination. A.3.(ii)(b). Apprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. if the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under.Section:1001 of Title,18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code. listed on the wage determination for the applicable (iii) The 'contractor or subcontractor shall make the classification. If the Administrator determines that a records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification,fringes shall be paid in accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, 'Employer and Labor Services, or a State interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner,take such action as may be necessary for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (ii) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate.for the work performed unless they are 29 CFR 5.12. employed pursuant %to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (i) Apprentices: Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the. predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed. pursuant to and trainees to journeymen on the job site shall not be greater individually registered in a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State .Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State 'Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate)to be eligible for probationary employment as Hour Division determines that there is an apprenticeship an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall Wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any fo the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not worker listed on a payroll at an apprentice wage rate,who registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010(06/2009) Page 3 of 5 ref.Handbook 1344.1 AP-13 the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid.not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration (iii) The penalty for making false statements is prescribed withdraws approval of a training program, the contractor in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, will no longer'be permitted to utilize trainees at less than U.S. Criminal Cade, Section 1 ra 0, Title 18, U.S.C., the applicable predetermined rate for the work performed until an acceptable program is approved. "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of. . . influencing in any (iii) Equal employment opportunity..The utilization of way the action of such Administration..... makes, utters or apprentices,trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false..... shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years,or both." amended,and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary,or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 In this paragraph A and such complaint or Instituted or, caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000, As used in this paragraph,the subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards. paragraph. (1) Overtime requirements. No contractor or subcontractor 7. Contract termination; debarment. A breach of the contracting for any part of,the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which,the contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in 5.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth in subparagraph(1)of this paragraph,the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, including watchmen and guards, 10. (1) Certification of Eligibility. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither it (nor he or subparagraph(1)of this paragraph,inthesumof$10foreach she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a)of of the overtime wages required by the clause set forth in sub the Davls=Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph(1)of this paragraph. Previous editions are obsolete form HUD-4010(0612009) Page 4 of 5 ref.Handbook 1344.1 AP=14 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which Is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph(2)of this paragraph. (4) Subcontracts. The contractor or subcontractor shall Insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses In any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1). through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards,Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et sea. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010(06/2009) Page 5 of 5 ref.Handbook 1344.1 AP-15 CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE,AND LABOR SURPLUS AREA FIRMS (Applicable to federally assisted construction contracts and related subcontracts) 1. It is national policy to award a fair share of contracts to small and minority business firms. Accordingly,affirmative steps must be taken to assure that small and minority business are utilized when possible as sources of supplies equipment, construction and services. Affirmative steps shall include the following: a. Including qualified small and minority businesses on solicitation lists. b. Assuring that small and minority businesses are solicited whenever they are potential sources. C. When economically feasible,dividing total requirements into smaller tasks or quantities so as to permit maximum small and minority business participation. d. Where the requirement permits,establishing delivery schedules which will encourage participation by small and minority businesses. e. Using the services and assistance of the Small Businesses Administration and the Minority Business,Development Agency of the Department of Commerce as required. f. If any subcontracts are to be let,requiring the prime contractor to take the affirmative steps in 1a through 1e above. 2. Grantees shall take similar appropriate affirmative action in support of women's business enterprises. 3. Grantees are encouraged to procure goods and services from labor surplus areas. II AP-16 CERTIFICATION OF NON-SEGREGATED FACILITIES Federally Assisted Projects The federally assisted construction,contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location,under his control,where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under,his control, where segregated facilities.are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that(except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE:The penalty for making false statements in offers is prescribed in 18 U.S.C.1001. Company: By: Title: Date: AP-17 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder proposed subcontractor hereby certifies that he has has not , participated in a previous contract or subcontract subject to the equal opportunity clause,as required by Executive Orders 10925, 11114,or 11246, and that he has , has not , filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filing requirements. Date: Project Number: Contract Award:$ Awarding Agency: Contractor Name: Total Number of Employees: Affiliate Company: By: Title: 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.) 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 or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S.Department of Labor. SF-100(EEO-1)must be filed by: (A) All private employers who are; (1) Subject to Title VII of the Civil Rights Act of 1964(as amended)with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees,if the company is owner or affiliated with another company,or there is centralized ownership,control or management so that the group legally constitutes a single enterprise,and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors(private employers),who: (1) Are not exempt as provided for by 41 CFR 60-1.5 (2) Have 50 or more employees,and a. Are prime contractors or first-tier subcontractor, and have a contract,subcontract,or purchase order amounting to$50,000 or more;or b. Serve as a depository of Government funds in any amount,or c. Is a financial institution,which is an issuing,and paying agent for U.S.Savings Bonds and Notes AP-18 CONTRACTORS NOTIFICATION OF SUBCONTRACTS AWARDED CONTRACT NUMBER: PROJECT AREA: DATE: a PROJECT TITLE: SUBCONTRACTOR'S NAME, EMPLOYER CONTRACT ESTIMATED STARTING ESTIMATED CRAFTS ADDRESS AND TELEPHONE IDENTIFICATION AMOUNT DATE COMPLETION DATE TO BE USED NUMBER NUMBER P LL NOTE:INFORMATION TO BE PROVIDED BY CONTRACTOR WITHIN 10 WORKING DAYS OF AWARD OF ANY CONTRACT WITH REFERENCE TO SUBCONTRACTORS, INFORMATION TO BE PROVIDED FOR ALL SUBCONTRACTS REGARDLESS OF TIER. e Contractor Signature Contractor's Address Name and Title AP-19 NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY Project Number and Title To: Name of Labor Union,Workers Representative,etc. Address The undersigned currently holds a contract with the involving Community Development Block Grant funds from the U.S. Department of Housing and Urban Development or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Executive Order 11246,the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, religion, sex,or national origin. This obligation not to discriminate in employment includes, but is not limited to,the following: HIRING, PLACEMENT, UPGRADING,TRANSFER, OR DEMOTION; RECRUITMENT,ADVERTISING,OR SOLICITATION FOR EMPLOYMENT; TREATMENT DURING EMPLOYMENT; RATES OF PAY OR OTHER FORMS OF COMPENSATION;SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP; LAYOFF OR TERMINATION. This notice is furnished you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Name of Contractor Address Signature and Title Date AP-20 CERTIFICATION FOR APPLICABLE FRINGE BENEFIT PAYMENTS Project Name Awarding Agency Location: Project Number: Work Classification HOURLY FRINGE BENEFITS PROVIDED Name,Address,and Telephone Number of the Approved Plan,Fund,or Program Health&Welfare $ - Pension $ Vacation $ Apprenticeship/Training $ Other(explain) $ TOTAL HOURLY FRINGE $ Health&Welfare $ Pension $ Vacation $ Apprenticeshipfrraining $ _ Other(explain) $ TOTAL HOURLY FRINGE '$ Health&Welfare $ - - Pension $ Vacation $ ' Apprenticeship/'rraining $ Other(explain) $ TOTAL HOURLY FRINGE $ Health&Welfare $ Pension $ Vacation $ Apprenticeshipfrraining $ Other(explain) $ TOTAL HOURLY FRINGE $ Health&Welfare $ Pension $ Vacation $ Apprenticeship/Training $ Other(explain) $ TOTAL HOURLY FRINGE $ I certify under Penalty of Periury that: ❑ 01 make payments to approved fringe benefit plans,funds,or programs as listed above. OR ❑ I DO NOT make payments to approved fringe benefit plans,funds,or programs. Benefits are added to hourly rates and paid to employees weekly. (Print Company Name) (Print Name of Person Authorized to Sign) Contractor License Number: By: Date: Title: AP-21 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION PROJECT NAME: PROJECT NUMBER: This is to certify that the principals,and the authorized payroll officer, below, have read and understand the Minutes of the Pre-construction Conference and the labor standards clauses pertaining to the subject project. The following person(s)is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance which will accompany our weekly certified payroll reports for this project: Payroll Officer(Name) Payroll Officer(Signature) (Contractor/Subcontractor) By: (Signature) (Title) (Date) Contractor/Subcontractor License No. AP-22 Community Development Commision County of Los Angeles COUNTY LOBBYIST CODE CHAPTER 2.130 COUNTY ORDINANCE NO.93-0031 CERTIFICATION Name of Firm: Date: Address: i State: Zip Code: Phone No.: Acting on behalf of the above named firm,as its Authorized Official,I make the following Certification to the County of Los Angeles and the Community Development Commission,County of Los Angeles: 1) It is understood that each person/entity/firm who applies for a Community Development Commission contract,and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93-0031)and, 2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code,and; 3) That any person/entity/firm who seeks a contract with the ,Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action,if any lobbyist,lobbying firm,lobbyist employer or any pother person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with the Los Angeles County and the Community Development Commission, County of Los Angeles. Authorized Official: Name: Title: Signature: Date: AP-23 NON-COLLUSION AFFIDAVIT(CONTRACTOR) [Title 23 United States Code§112] [Public Contract Code§7106] State of California ) County of Los Angeles ) ss. being first duly sworn, deposes and says that he or she is (sole owner,partner,president,secretary,etc.) of the party submitting a bid for a contract covering (describe the nature of subcontract) 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 any other 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 contract of 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/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. AUTHORIZED SIGNATURE: TITLE: Subscribed and sworn to before me on _120- NOTARY 20NOTARY PUBLIC SIGNITURE: (SEAL) AP-24 I NON-COLLUSION AFFIDAVIT(SUBCONTRACTOR) State of California ) County of Los Angeles ) ss. being first duly sworn, deposes and says that he or she is (sole owner,partner,president,secretary,etc.) of the party submitting a bid for a contract covering (describe the nature of subcontract) That such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and,not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder or to fix any overhead,profit or cost element of such bid price,or of that of any other bidder, or to secure any advantage against the principal contractor or anyone interested in the proposed subcontract; that all statements contained in such bid are true; and,further,that said bidder has not directly or indirectly submitted his 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 connection therewith to any corporation, partnership, company, association, organization bid depository, or to any member or agent thereof, or to any other individual except to such person(s) as have a partnership or other financial interest with said bidder in his general business. The provisions of this affidavit shall not be held as disqualifying a person, firm, or corporation who has submitted a sub-proposal to one bidder from submitting separate sub-proposals or quoting prices for materials or work to other bidders. AUTHORIZED SIGNATURE: TITLE: Subscribed and sworn to before me on _'2 NOTARY PUBLIC SIGNITURE: (SEAL) AP-25 ---7 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMBAppmval Number2501-0011 (Exp.011312010) 11. FROM(name and address of requesting agency) 2. PROJECT NAME AND NUMBER �. 3. LOCATION OF PROJECT(City,County and State) 4. BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION r ❑ Building ❑ Residential ❑ Heavy ❑ Other(specify) ❑ Highway S. WAGE DECISION NO.(Include modification number,if any) 7. WAGE DECISION EFFECTIVE DATE ❑ COPY ATTACHED e. WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S)(if any) 9. PRIME CONTRACTOR(name,address) 10. SUBCONTRACTORIEMPLOYER,IF APPLICABLE(name,address) GIS k A�Ii�TiatApap'.y ❑ The work to be performed by the additional classification(s)is not performed by a classification in the applicable wage decision. ❑ The proposed classification is utilized in the area by the construction industry. ❑ The proposed wage rate(s),including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage decision. . ❑ The interested parties,including the employees or their authorized representatives,agree on the classification(s)and wage rate(s). ❑ Supporting documentation attached,including applicable wage decision. E] Approved,Approved,meets all criteria. DOL confirmation requested. ❑ One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested. FOR HUD USE ONLY LR2000: Agency Representative Date (Typed name and signature) Log in: I Log out: Phone Number AP-26 HUD-0230A(8-03)PREVIOUS EDITION IS OBSOLETE CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION Project Name: Contracting Agency: Project Name: Project Number: This is to certify that the principal and the authorized payroll officer(s)listed below have received a copy of the assigned Federal Wage Determination:CA Modificatioa Number; , dated The principal and authorizedpayroll officer(s) listed below have also acknowledge that they have received and read and a copy of the Federal Labor Standards Provisions(HUD-4010 form) and a copy of the current Contractor's Guide to Prevailing Wage Requirements.for Federally-Assisted Construction Projects,and that they understand the labor standards clauses pertaining to the above listed project The following person(s) is/are designated as payroll officer.for the undersigned and is/axe authorized to sign the Statement of Compliance forms which will accompany each weekly payroll report for contractor listed below during the duration of this project: Contractor Subcontractor Business Name License Number Payroll Officer Name(Print) Payroll Officer(Signature) Payroll Officer Name(Print) Payroll Officer(Signature) Name of Person Authorized to Sign(Print) (Authorized Signature) Title Date AP-27 �x WG W� J �e o= �BE s 56n 0 G z be � g � 0 a o 9 AG e � e9 s� a co ai o b o > ------------ ---------- --------- ---'----------------- --------- --------- ---------- --------- NOWY.3T3 _ OWP10H 'HLM i0'ON �9 � INSTRUCTIONS FOR COMPLETING PAYROLL FORM General: The use of this payroll form is not mandatory.This form has been made available for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out,this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis-Bacon and related Acts. This form meets needs resulting from the amendment of Davis-Bacon Act to include fringe benefits provisions. Under this amended law,the contractor is required to pay not less than fringe benefits as predetermined by the Department of Labor, in addition to payment of not less than the predetermined rates. The contractor's obligation to pay fringe benefits may be met either by payment of the fringes to the various plans, funds or programs or by making these payments to the employees as cash in lieu of fringes. This payroll provides for the contractor's showing on the face of the payroll all monies to the employees, whether as basic rates or as cash in lieu of fringes and provides for the contractor's representation in the statement of compliance on the rear of the payroll that he is paying to other fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions concerning the preparation of the payroll follow: Contractor-or Subcontractor: Fill in your firm's name and check appropriate box. Address: Fill in your firm's address. Column 1 - Name, Address, and Social Security Number of Employee: The employee's full name and Social Security Number must be shown on each weekly payroll submitted. The employee's address must also be shown on the payroll covering the first week in which the employee works on the project. The address need not be shown on subsequent weekly payrolls unless the address changes. Column 2 - Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations, Part 3 and 5. Column 3 - Work Classifications: List classification descriptive of work actually performed by employees. Consult classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one classification provided accurate breakdown or hours so worked is maintained and shown on submitted payroll by use of separate entries. Column 4-Hours worked: On all contracts subject to the Contract Work Hours Standard Act enter as overtime hours worked in excess of 8 hours per day and 40 hours a week. Column 5-Total: Self-explanatory Column 6-Rate of Pay,including Fringe Benefits: In straight time box, list actual hourly rate paid the employee for straight time worked plus in cash in lieu of fringes paid the employee. When recording the straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus $3.25/.40. This is of assistance in correctly computing overtime. See "Fringe Benefits" below. In overtime box shown overtime hourly rate paid, plus any cash in lieu of fringes paid the employee. See"Fringe Benefits"below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962. In addition to paying no less than the predetermined rate for the classification which the AP-29 employee works,the contractor shall pay to approved plans,funds or programs or shall pay as cash in lieu of fringes amounts predetermined as fringe benefits in the wage decision made part of the contract.See"FRINGE BENEFITS"below. FRINGE BENEFITS - Contractors who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of labor shall continue to show on the face of the payroll the basic cash hourly rate and overtime rate paid to his employees just as he has always done. Such a contractor shall check paragraph 4(a)of the statement on the reverse of the payroll to indicate that he is also paying to approved plans, funds or programs not less than the amount predetermined as fringe benefits for each craft.Any exceptions shall be noted in section 4(c). Contractors who pay no fringe benefits:A contractor who pays no fringe benefits shall pay to the employee, and insert in the straight time hourly rate column of the payroll, an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringes at the straight time rate. In addition, the.contractor shall check paragraph 4(b) of the statement on the reverse of the payroll to indicate that he is paying fringe benefits in cash directly to his employees.Any exceptions shall be noted in Section 4(c). Use of Section 4(c),Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes.Any exceptions to Section 4(a)or 4(b),whichever the contractor may check, shall be entered in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employee as cash in lieu of fringes and the hourly amount paid to plans, funds, or programs as fringes. The contractor shall pay, and shall show that he is paying to each such employee for all hours (unless otherwise provided by applicable determination) worked on Federal or Federally assisted project an amount not less than the predetermined rate plus cash in lieu of fringes as shown in Section 4(c). The rate paid and amount of cash paid in lieu of fringe benefits per hour should be entered in column 6 on the payroll. See paragraph on"Contractors who pay no fringe benefits"for computation of overtime rate. Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of the employees' weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the.Federal or Federally assisted project and then the gross amount earned during the week on all projects,thus$63.00/$120.00. Column 8-Deductions: Five columns are provided for showing deductions made. If more than five deduction should be involved, use first 4 columns; show the balance deductions under "Other" column; show actual total under "Total Deductions" column: and in the attachment to the payroll describe the deduction contained in the"Other"column.All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 CFR, Part 3. If the employee worked on other jobs in addition to this project, show actual deductions from his weekly gross wage, but indicate that deductions are based on his gross wages. Column 9-Net Wages Paid for Week:Self-explanatory Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. Statement Required by Regulations, Parts 3 and 5: While this form need not be notarized, the statement on the back of the payroll is subject to the penalties provided by 18 USV 1001, namely, AP-30 possible imprisonment of 5 years.or $10,000.00 fine or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true. Space has been provided between item (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See.Deductions column in this payroll." See paragraph entitled "FRINGE BENEFITS" above for instructions concerning filling out paragraph 4 of the statement. AP-31 U.S.Department of Labor Form approved Wage and Hour Division Budget Bureau No.44-R1093 STATEMENT OF COMPLIANCE Date Payroll No. I, do hereby state: (Name of signatory party) (Title) (1)That I pay or supervise the payment of the persons employed by (Contractor or Subcontractor) on the that during the payroll period (Project Title&omtion) commencing on the day of 20 ,and ending the day of 20 all.persons employed on said project have been paid the full weekly wages earned that no rebates have been or will be made either directly or indirectly to or on behalf on said from (Contractor or Subcontractor) the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person,other than permissible deductions as defined in Regulations,Part 3(29 CFR Subtitle A),issued by the Secretary of Labor under the Copeland Act,as Amended(48 Stat 948,63 Stat.108,72 Stat.967;76 Stat.357;40 U.S.C.276c),and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete;that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract;that the classifications set forth therein for each laborer conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training,United States Department of Labor,or if no such recognized agency exists in a State,are registered with the Bureau of Apprenticeship and Training,United State Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS ❑ In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees,except as noted Section 4(c)below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ❑ Each Laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll,an amount not fess than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract,except as noted in section 4(c)below. (c EXCEPTIONS EXCEPTIONS(CRAFT) EXPLANATION Remarks Name and Title Signature The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution.See section•1001 of title 18 and seed.231 of title 31 of the United States code. Form WH-348(1/68)Purchase this form directly from the Sept.of Documents AP-32 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE This statement of compliance meets needs resulting from the amendment of the Davis-Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay fringe benefits as predetermined by the Department of Labor, in addition to payment of the minimum rates. The contractor's obligation to pay fringe benefits may be met by payment of the fringes to the various plans,funds, or programs or by making these payments to the employees as cash in lieu of fringes. The contractor should show on the face of his pavroll all monies paid to the employees whether as basic rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is paving to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions follow: Contractors who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of his payroll the basic cash hourly rate and overtime rate paid to his employees, just as he has always done. Such a contractor shall check paragraph 4(a) of the statement to indicate that he is also paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exception shall be noted in Section 4(c). Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee and insert in the straight time hourly rate, column of his payroll an amount not less than the predetermined rate for each classification plus the amount of the fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes,the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on the basic or regular rate plus the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the straight time basic rate and cash in lieu of fringes be separately stated in the hourly rate column, thus $3.25/.40. In --------- addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c),Exceptions: Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a)or 4(b),whichever the contractor may check,shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employees as cash in lieu of fringes, and the hourly amount paid to plans,funds, or programs as fringes. AP-33 'EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT FORIABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING You must be paid.not less than the wage rate.listed in the Davis-Bacon WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week.There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due,and liquidated damages may apply if overtime pay requirements are not met.Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years.A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution,fines and/or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeshipprograms. PROPER PAY If you do not receive proper pay,or require further information on the 'applicable wages,contact the Contracting Officer listed below: — ----------— 7------ { or contact the U.S.Department of Labor's Wage and Hour Division. For additional information: R ®4® ?s , s`' -0 ' ..U.S.Wa;e and Hoa ihiasen (1-866-487-9243) TTY 1 877=889-5627 © A ® L® .. U.S.Department of Labor I Empioyment Standards Administration'Wage and Hour Division vuH Iszi(ne✓aee aoni zoosi AP-34 Equal Employment Opportunity is THE LAW Employers Private Employment, performing substantially equal work,in jobs that Holding Federal State and Local Governments, require equal skill,effort and responsibility under Contracts or Educational Institutionssimilarworking conditions,in the same Subcontracts Employment Agencies and establishment. Labor Organizations Applicants to and employees of RETALIATION companies with a Federal government Applicants to and employees of Retaliation is prohibited against a person who files a contract or subcontract are most private employers,state charge of discrimination,participates in a protected under the folio,wing and local governments, discrimination proceeding,or otherwise opposes Federal authorities:' educational institutions, discrimination under these Federal laws. ... _ employment agencies RACE,COLOR,RELIGION, and labor organizations are If you believe that you have been discriminated SEX,NATIONAL ORIGIN protected under the following against under any of the above laws,and to ensure Federal laws: that you meet strict procedural timelines to preserve Executive Order 1as amended, the ability of EEOC to investigate your complaint and basis of race,color,religion,,sex or SEX,NATIONAL ORIGIN prohibits job discrimination ion the RACE,COLOR,RELIGION, to protect your right to file a private lawsuit,you s national origin,and requires affirmative should immediately contact: action to ensure equality of Title VII of the Civil Rights Act of The U.S.Equal Employment Opportunity opportunity in all aspects of 1954,as amended,prohibits Commission(EEOC),Washington,DC 20507 or an employment discrimination in hiring, EEOC field office by.calling toll free(1-800).669- INDIVIDUALS WITH benefits,jab training, promotion,discharge,pay,fringe 4000. For individuals with hearing impairments, - EEOC's toll free TTY riumber is 1-800 669-6820. DISABILITIES classification,referral,and other aspects of employment,on the Programs or Activities Receiving Section 503 of the Rehabilitation Act basis of race,color,religion,sex Federal Financial Assistance of 1973'as amended,prohibits job (including pregnancy and sexual discrimination because of disability harassment)or national origin. RACE,COLOR,SEX,NATIONAL ORIGIN and requires affirmative action to Religious discrimination includes employ and advance in employment failing to reasonably qualified individuals with disabilities accommodate an employee's in addition to the protection of Title VII of the Civil Rights Act of 1964, t Ci amended,Title VI the the vil who,with reasonable accommodation, religious practices where the Rights Act prohibits discrimination on the basis Ci can perform the essential functions of accommodation does not impose race,color or national origin in programs or activities of a job. undue hardship. receiving Federal financial assistance.Employment VIETNAM ERA,SPECIAL DISABILITY discrimination is covered by Title VI if the primary DISABLED,RECENTLY objective of the financial assistance is provision of SEPARATED,AND OTHER Title I and Title V of the employment,or where employment discrimination PROTECTED VETERANS Americans with Disabilities Act of causes or may cause discrimination in providing 1990(ADA),as amended, services under such programs. protect qualified applicants and The Vietnam Era Veterans'Readjustment employees with disabilities from Title IX of the Education Amendments of 1972 Assistance Act of 1974,as amended,38 U.S.C., discrimination in hiring, prohibits employment discrimination on the basis of 4212,prohibits job discrimination and requires promotion,discharge,pay,job sex in educational programs or activities which affirmative action to employ and advance in training,fringe benefits, receive Federal assistance. employment qualified Vietnam era veterans,qualified classification,referral,and other special disabled veterans,recently separated aspects of employment on the INDIVIDUALS WITH DISABILITIES veterans,and other protected veterans.A recently basis of disability. separated veteran is any veteran during the three- Section,504 of the Rehabilitation Act of 1973,as year period beginning on the date of such veteran's The law also requires that amended,prohibits employment discrimination on discharge or release from active duty in the U.S. covered entities provide qualified the basis of disability in any program or activity which military,ground,naval or air service. applicants and employees with receives Federal financial assistance in the federal disabilities with reasonable government,public or private agency. accommodations,unless such Discrimination is prohibited in all aspects of .-RETALIATION accommodations would impose employment against persons with disabilities who, an undue hardship on the with or without reasonable accommodation,can Retaliation is prohibited against a,person who files a employer. perform the essential functions of a job, charge of discrimination,participates in an OFCCP proceeding,or otherwise opposes discrimination AGE If you believe you have been discriminated against in under these Federal laws. The Age Discrimination in a program of any institution which receives Federal Employment Act of 1967,as assistance,you should contact immediately the Any person who believes a contractor has violated amended,protects applicants Federal agency providing such assistance. its nondiscrimination or affirmative action obligations and employees 40 years of age under the authorities above should contact or older from discrimination on immediately: the basis of age in hiring, Publication OFCCP 1420 The Office of Federal Contract Compliance promotion,discharge, Revised August 2008 Programs(OFCCP),Employment Standards compensation,terms,conditions Administration,U.S.Department of Labor,200 or privileges of employment. Constitution Avenue,N.W.,Washington,DC 20210, SEX(WAGES) (202)693-0101 or call an OFCCP regional or district office listed in most telephone directories under U.S. In addition to sex discrimination Government,Department of Labor. For individualsprohibited by Title VII of the Civil with hearing impairment,OFCCP's TTY number is Rights Act of 1964,as amended, (202)693-1337. the Equal Pay Act of 1963,as amended,prohibits sex discrimination in payment of wages to women and men ®P-35 WORKER'S COMPENSATION CERTIFICATION I certify, by signature below,that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's 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 the work of this contract. Date: Project Number: Project Name: Company Name: Address: Print Name: Title: Signature: AP-36 FEDERAL DAVIS-BACON ACT PREVAILING WAGE RATES&STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS GENERAL PREVAILING WAGE DETERMINATIONS NOTE: The Federal and/or State wage rates attached hereto may be subject to modification by the U.S. Department of Labor and the California Department of Industrial Relations. In the event of any such modification prior to the issuance of the Notice of Award of Contract and affecting said contract, the Agency shall provide written notification of such modification in the form of a bid/ contract addendum. AP-37 APPENDIX P FEDERAL WAGE SCHEDULE Page 1 of 25 General Decision Number: CA100033 10/08/2010 CA33 Superseded General Decision Number: CA20080033 State: California Construction Types: Building, Heavy (Heavy and Dredging). and Highway County:,Los Angeles County in California'. . BUILDING CONSTRUCTION PROJECTS,; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/12/2010 1 03/26/2010 2 04/02/2010 3 04/16/2010 4 06/04/2010 5 06/25/2010 6 07/02/2010 7 07/23/2010 8 08/06/2010 9 08/13/2010 10 08/27/2010 11 09/03/2010 12 09/10/2010 13 09/24/2010 . 14 10/08/2010 ASBE0005-002 01/01/2010 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) .....$ 32.93 15.32 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ...........................$ 24.21 13.76 ---------------------------------------------------------------- ASBE0005-004 01/01/2010 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 2 of 25 scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)....$ 18.85 8.03 -----------------------------------------------------------7---- BOIL0092-003 10/01/2009 Rates Fringes BOILERMAKER......................$ 40.22 22.26 ---------------------------------------------------- ----------- BRCA0004-007 05/01/2010 Rates Fringes BRICKLAYER; MARBLE SETTER........$ 36.00 12.15 ---------------------------------------------------------------- BRCA0018-004 06/01/2008 Rates Fringes MARBLE FINISHER............:.....$ 25.52 9.08 TILE FINISHER....................$ 21.07 7.88 TILE LAYER.......................$ 32.05 11.99 ---------------------------------------------------------------- . BRCA0018-010 09/01/2009 Rates Fringes TERRAZZO FINISHER................$ 26.59 9.62 TERRAZZO WORKER/SETTER............$ 33.63 10.46 --------------------------------------------------------------- CARP0409-001 07/01/2010 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer...................$ 37.35 11.08 (2) Millwright..............$ 37.85 11.08 (3) Piledriver/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, j Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 37.48 11.08 (4) Pneumatic Nailer, Power Stapler...............$ 37.60 11.08 (5) Sawfiler...............$ 37.44 11.08 (6) Scaffold Builder.......$ 28.55 11.08 (7) Table Power Saw Operator.................:..$ 37.45 11.08 .FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal' lagging is used in conjunction with'steel H-Seams driven or littp://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 3 of 25 placed in pre- drilled holes; for that portion of a lagged trench against which concrete is poured, namely,* as a substitute for back forms (which work is performed by piledrivers) : $0.13 per hour additional. Certified Welder - $1.00 per hour premium. ------------------------------ ----------------------- CARP0409-002 07/01/2008 Rates Fringes Diver (1) Wet......................$ 663.68 9.82 (2) Standby.................$ 331.84 9.82 (3) Tender..................$ 323.84 9.82 (4) Assistant Tender........$ 299.84 9.82 Amounts in "Rates' column are per day ---------------------------------------------------------------- CARP0409-005 07/01/2010 Rates Fringes Drywall -DRYWALL INSTALLER/LATHER....$ 37.35 11.08 STOCKER/SCRAPPER............$ 10.00 6.67 ---------------------------------------------------------------- CARP0409-008 07/01/2008 Rates Fringes Modular Furniture Installer......$ 19.00 7.41 -------------------------------- ------------------------------- ELEC0011-004 07/26/2010 Rates Fringes ELECTRICIAN (INSIDE ELECTRICAL WORK) Journeyman Electrician......$ 36.45 21.66 ELECTRICIAN (INTELLIGENT TRANSPORTATION SYSTEMS Street Lighting, Traffic Signals, CCTV,and Underground Systems) Journeyman Transportation Electrician.................$ 36.25 22.16 Technician..................$.27.19 21.59 FOOT NOTE: CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per hour above Journeyman Electrician basic hourly rate. TUNNEL WORK: 10% additional per hour. SCOPE OF WORK - TRANSPORTATION SYSTEMS ELECTRICIAN: Installation of street lights and traffic signals,including electrical circuitry, programmable controllers, pedestal-mounted electrical meter enclosures and laying of pre-assembled multi-conductor cable in ducts, layout of electrical systems and communication installation, http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 4 of 25 including proper position of trench depths and radius at duct banks, location for man holes, pull boxes, street lights and traffic signals. Installation of underground ducts for electrical,telephone, cable television and communication systems. Pulling,termination and splicing of traffic signal and street lighting conductors and electrical systems including interconnect,detector 'loop, fiber optic cable and video/cable. TECHNICIAN: Distribution of material at job site, manual excavation and backfill, installationof system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, detector loop, fiber 'optic cable and video/data. * ELEC0011-005 02/01/2010 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer....................$ 26.99 3%+8.64 Technician..................$ 28.79 3%+8.6.4 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage.master clock Systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems' Fiber optic data systems B. Sound and Voice Transmission/Transference Systems . Background-Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar.Alarm Systems Low-Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 5 of 25 C. *Fire Alarm Systems-installation, wire pulling and testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CATV and CCTV E: Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms-In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. Installation and termination of devices, panels, startup, testing and programmming performed by the Technician. 2. Fire Alarms-Open Wire Systems: installed by the Technician. ---------------------------------------------------------------- ELEC1245-001 06/01/2010 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 46.14 13.41 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)...........$ 36.85 12.36 (3) Groundman................$ 28.19 12.10 (4) Powderman...............$ 41.20 12.53 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------- ----------------------------------------- ELEV0018-001 01/01/2010 Rates Fringes ELEVATOR MECHANIC................$ 45.33 20.035 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------=------------------ ENGI0012-003 07/01/2009 Rates Fringes http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 6 of 25 OPERATOR: Power Equipment (All Other Work) GROUP 1....................$ 36.83 17.22' GROUP '2....................$ 37.61 17.22 GROUP 3....................$ 37.90 17.22 GROUP 4....................$ 39.39 17.22 GROUP 5........... ......$ 40.49 17.22 GROUP 6....................$ 39.61 17.22 GROUP 7....•................$ 40.71 17.22 GROUP 8....................$ 39.72 17.22 GROUP 9....................$ 40.82 17.22 GROUP 10....................$ 39.84 17.22 GROUP 11....................$ 40.94 17.22 GROUP 12...................:.'$ 40.01 17.22 GROUP 13....................$ '40.11 17.22 GROUP 14....................$ 40.14 17.22 GROUP 15....................$ 40.22 17.22 GROUP 16....................$ 40.34 17.22 GROUP 17....................,$ 40.51 17.22 GROUP 18.....................$ 40.61 17.22 GROUP 19....................$ 40.72 17.22 GROUP 20.....................$ 40.84 17.22 GROUP 21....................$ 41.01 17.22 GROUP 22....................$ 41.11 17.22 GROUP 23....................$ 41.22 17.22 GROUP 24....................$ 41.34 17.22 GROUP 25....................$ 41.51 17.22 OPERATOR: Power Equipment (Cranes, Piledriving. & Hoisting) GROUP 1....................$ 38.18 17.22 GROUP 2....................$ 38.96 17.22 GROUP 3....................$ 39.25 17.22 GROUP 4....................$' 39.39 17.22 GROUP 5....................$ 39.61 17.22 GROUP 6....................$ 39.72 17.22 GROUP 7....................$ 39.84 17.22 GROUP 6....................$ 40..01 17.22 GROUP 9.....................$ 40.18 17.22 GROUP 10....................$ 41.18 17.22 GROUP 11....................$ 42,18 17.22 GROUP 12....................$ 43.18 17.22 GROUP 13...:.................$ 44.18 17.22 OPERATOR: Power Equipment (Tunnel Work) GROUP 1.....................$ 38.68 17.22 GROUP 2....................$ 39.46 17.22 GROUP 3.....................$ 39.75 17.22 GROUP 4....................$ 39.89 17.22 GROUP 5....................$ 40.11 17.22 GROUP 6....................$ 40.22 17.22 GROUP 7....................$ 40.34 17.22 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp http://www.wdol.gov/wdol/scaflies/davisbacon/CA33.dvb 11/16/2010 Page 7 of 25 Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor-plant operator; Pump operator; Signalman; Switchman. GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser. (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4,: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types'(Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven.jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating.material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar ,type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types . - Watson 1000 auger or similar types - Texoma 330, 500 or http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 8 of 25 600 auger.or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator' (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 7: Welder - General GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type).; Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Rackley-Presswell or similar'type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine,. caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 9 of 25 engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine- tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine., over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired, earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator ('and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman— Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar .and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); ,Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 10 of 25 operating equipment with .push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds'. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similai, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19i Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment o'perator, 'operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including. 50 cu., yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine., up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine; Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including.50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) http://www.wdol.gov/wdol/`scafiles/davisbacon/CA33.dvb 11/16/2010 Page 11 of 25 GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system '(single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating.equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator. (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar .type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane.operator; Shovel, backhoe, dragline, clamshell operator]over.5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, draglines clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway.operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 12 of 25 stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane'operator (over 50 tons, up to ,and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator *(over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator .(over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine ' operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Rackley-Presswell or similar type);' Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as 'defined below: http://www.wdol.gov/wdol/scaflies/davisbacon/CA33.dvb 11/16/2010 Page 13 of 25 That area within the following Boundary: Begin in San . Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S; R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T318, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM'to SW corner of T9N, RIE, SSM. Continue S along west boundary.of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of TIS, R1OE, SBM. Continue S along west boundary of R10E. SBM to Imperial County line at the SW corner of TBS, RIDE, SBM. Continue W .along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 .miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S 'along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County http://www.wdol.gov/wdol/scafiles/davisbacoii/CA33.dvb 11/16/2010 Page 14 of 25 and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the.East edge of R21W. SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM] . Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern . County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the'following Boundary: Begin at the intersection of the northern boundary of Mono County 'and the California state line at the point which is the center of Section 17, TION, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is.. the SW corner of the SE YZ';i of Section 32, T24S, R37E, MDM.' Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at'that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along . the state line to the starting point, which is the center of Section 18, T10.N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENGIO012-004 08/01/2009 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 44.83 17.22 (2) Dredge dozer............$ 40.36 17.22 (3) Deckmate................$ 40.25 17.22 (4) Winch operator (stern winch on dredge)............$ 39.70 11.22 (5) Fireman-Oiler, Deckhand, Bargeman, li Leveehand.. .................$ 39.16 17.22 http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 15 of 25 (6) Barge Mate..............$ 39.77 17.22 ------------------------------------------------ --------------- IRON0002-004 07/01/2010 Rates Fringes Ironworkers: Fence Erector,...............$ 26.58 15.26 Ornamental, Reinforcing and Structural..............$ 33.00 23.73 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps; U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LAB00300-001 09/01/2010 Rates Fringes Brick Tender........... ...... ....$ 27.17 14.72 ------------------- LAB00300-003. 07/01/2010 Rates Fringes LABORER (GUNITE) . GROUP 1................. ....$ 30.04 17.37 GROUP 2. .................:...$ 29.09 17.37 GROUP 3.....................$ 25.55 17.37 LABORER (TUNNEL) GROUP 1.....................$ 31.24 14.98 GROUP 2.....................$ 31.56 14.98 GROUP 3.................:....$ 32.02 14.98 GROUP 4.....................$ 32.71 14.98 LABORER GROUP 1-...... ......... ....$ 26.33 14.75 GROUP 2. .... .. .. . . .. ........$ 26.88 14.75 .GROUP 3...... .. . . . . . . .......$ 27.43 14.75 GROUP 4. ......... ... . ... ....$ 28.98 14.75 GROUP 5................. ....$ 29.33 14.75 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 16 of 25 Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall 'receive 35 cents per hour above the foregoing applicable classification rates, paid on a. portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 7S'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a' worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, .footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form-oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and .similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by.any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 17 of 25 creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine,,pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking; diapering and including rubber gasket joints, pointing and any and all other services; Rock'slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old'or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers'. work; Oversize concrete vibrator operator," 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or' element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 18 of 25 Kemper and other pneumatic concrete placer operator; Miner., tunnel (hand or machine); Nozzle person;' Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- LAB00300-005 08/05/2009 Rates Fringes LABORER PLASTER CLEAN-UP LABORER....$ 26.65 14.70 PLASTER TENDER..............$ 29.20 14.70 -------------------------------------------------------------- LABOO882-002 01/01/2010 Rates Fringes Asbestos Removal Laborer.......:.$ 26.15 14.25 SCOPE OF WORK: Includes site mobilization, initial site Cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ---------------------------------------------------------------- LABO1184-001 .07/01/2010 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 27.05 11.65 (2) Vehicle Operator/Hauler.$ 27.22 11.65 (3) Horizontal Directional Drill Operator..............$ 29.07 11.65 (4) Electronic Tracking Locator.... ..............$ 31.07 11.65 Laborers: (STRIPING/SLURRY SEAL) GROUP 1.....................$ 28.50 14.56 GROUP 2.....................$ 29.80 14.56 GROUP 3.....................$ 31.81 14.56 GROUP 4.....................$ 33.55 14.56 LABORERS - STRIPING CLASSIFICATIONS I j http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 19 of 25 GROUP 1: Protective coating, 'pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable'anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment -------------------------------------------------------------- * PAIN0036-001 08/01/2010 Rates Fringes Painters; (Including Lead Abatement) (1) Repaint...................$ 26.05 9.68 (2) All Other Work..........$ 29.32 9.68 REPAINT of any previously painted structure. Exceptions: .work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of'hotel service, and sports facilities. ---------------------------------------------------------------- PAIN0036-006 01/06/2010 Rates Fringes DRYWALL FINISHER/TAPER Antelope Valley North of the following Boundary: Kern County Line to Hwy. #5, South of Hwy. #5 to Hwy. N2, East on N2 to Palmdale Blvd., to Hsy. #14, South to Hwy. 018, http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb. 11/16/2010 Page 20 of 25 East to Hwy. #395...........$ 29.19 12.19 Remainder of Los Angeles County......................$ 33.22 12.19 ---------------------------------------------------------------- PAIN0036-015 08/01/2010 Rates Fringes GLAZIER..........................$ 36.90 20.53 FOOTNOTE: Add9.-tional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ------------------------------7--------------------------------- PAIN1247-002 01/01/2010 Rates Fringes SOFT FLOOR LAYER.................$ 30.85 10.54 PLAS0200-009 08/04/2010 Rates Fringes PLASTERER........................$ 30.21 14.23 ----------------------------------------- ---------- PLAS0500-002 07/01/2010 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 29.50 19.85 PLUM0016-001 07/01/2009 Rates Fringes PLUMBER/PIPEFITTER (1) Work on strip malls, light commercial, tenant improvement and remodel work........................$ 28.84 14.47 (2) Work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space.................$ 35.97 15.86 (3) All other.work..........$ 37.10 16.84 ---------------------------------------------------------------- PLUM0250-002 01/02/2006 Rates Fringes REFRIGERATION MECHANIC Refrigeration Fitter........$ 33.30 13.95 ---------------------------------------------------------------- PLUM0345-001 07/01/2009 Rates Fringes http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 21 of 25 PLUMBER Landscape/Irrigation Fitter.$ 26.70 13.84 Sewer & Storm Drain Work....$ 25.18 15.67 ---------------------------------------------------------------- ROOF0036-002 08/01/2010 Rates Fringes ROOFER...........................$ 34.65 9.07 FOOTNOTE: Pitch premium: Work on whlich employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ------------------------ --------------------------------------- SFCA0669-013 04/01/2010 . DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER.................$ 33.35 17.60 ---------------------------------------------------------------- SFCA0709-005 01/01/2010 THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS- OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire)..........$ 39.08 21.95 ---------------------------------------------------------------- SHEE0105-002 01/01/2010 LOS ANGELES (South of a straight line between gorman and Big Pines.includingg Catalina Island) Rates Fringes SHEET METAL WORKER (1) Light Commercial: Work on general sheet metal and heating and AC up to 4000 sq ft........................$ 24.52 6.62 (2) Modernization : Excluding New Construction - Under 5000 sq. ft. Does not include modification, upgrades, energy management, or conservation improvements of central heating and AC http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 22 of 25 • I equpment....................$ 24.52 6.92 -------------------------- -------------------------------------- SHEE0105-003 07/01/2010 LOS'ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work............. ........$ 42.54 17.72 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A-C, heating, ventilating systems for human comfort...$ 35.56 22.90 ---------------------------------------------------------------- SHEE0105-004 07/01/2010 KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North of a straight line drawn between Gorman and Big Pines including Cities of Lancaster and Palmdale) COUNTIES. Rates Fringes SHEET METAL WORKER...............$ 3.4.11 16.17 ---------------------------------------------------------------- TEAM0011-002 07/01/2008 Rates Fringes TRUCK DRIVER GROUP 1....'................$ 26.44 18.24 GROUP 2....................$ 26.59 18.24 GROUP 3....................$ 26.72 18.24 GROUP 4.....................$ 26.91 18.24 GROUP 5....................$ 26.94 18.24 GROUP 6....................$ 26.97 18.24 GROUP 7....................$ 27.22 18.24 GROUP 8....................$ 27.47 18.24 GROUP 9....................$ 27.67 18.24 GROUP 10....................$ 27.97 18.24 'GROUP 11....................$ 28.47 18.24 iGROUP 12....................$ 28.90 18.24 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, E1 Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 23 of 25 Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP.3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch'truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds.. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP. 8: Dump truck, 25 yds. to 49 yds. water. level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- httD://www.wdol.izov/wdol/scafiies/davisbacon/CA33.dvb 11/16/2010 Page 24 of 25 In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying'a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey.was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations 'Wage and Hour Division U..S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210_ 2.) If the answer to the questioh in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR.Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant'to the issue. 3.) If the decision of the Administrator is not favorable, an j interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. httD://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 Page 25 of 25 Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/CA33.dvb 11/16/2010 APPENDIX C LOCATIONS OF WORK/ CURB RAMP WORKSHEET TABLE z pp t `<m Sp(UNDS 4 YOa 9 won { MG4 R F g ® ` PROJECT LOCATIO 57 > U 03 mu RD a- 8 Q� P��VnNER g cn�OF� w (rnwrtccl�q � QP ZAH go �iwucFn aP 0 AM-/ -� INDEX VICINITY MAP SHEET 1 VICINITY MAP VICINITY AP SHEET 2 DETAILED RAMP LOCATION NOT TO SCALE MAP SEAL: PREPARED BY: SHEET * RAMP RP IPdST6�LI lAll01V PROJECT &' '� �. rao. sum* OF *1pExpW0 9 11 4 WORK AREA#I CONSULTANTS, INC f9 C10- tti`e' �OFCA��F�Q C I V I % E 1V G I N E I2 S 2 SHEETS 12371 L";' SL 1203 Garden Grove CA.92840 P.714-740-8840 F.714-740-8842 L O DRI I >- o oil z 0 Z Q o o � aZ 3 � 0 z _Z Of J J Q w cn SUN 00 p¢ W(�/ W Ll. J 1 Q� LYCOMING ST J as� i DRYANDER DR 9 ST rn � w a > S� Z OR GERNo 4 Y 9 c 9 y 5 F 3 z Z -6 a� DR r 0 e- 0 W0�0 Z �P�PN h� GLEN Z DR 2 y GPpEL y m pR SP Qy RpoK GLENS � a Z o X13 p BOG %VIEW GARJ R j ACCESS RAMP LEGEND ARAMP NUMBERS NOTE: SEE ACCESS RAMP WORKSHEET MAP TABLE IN SPECIFICATIONS FOR LOCATION M TYPE & CASE OF RAMP NOT TO SCALE SEAL: PREPARED BY: SHEET RAMP INSTALLATION PROJECT 2 N0.94568 OF �. Ep,8 3o tt WORK AREA#1 mr9 av:L Qam CONSULTANTS, INC. SHEETS opCA��@� C % V Y L E N G I N E E R S 12371 Innis SL 1203 Garden Grove CA.92840 P.714-740-8840 F.714-740-8842 CITY OF DIAMOND BAR 2010-2011 CDBG CURB RAMP INSTALLATION PROJECT ACCESS RAMP WORKSHEET-AREA 1 Ramp SPPWC Standard Remove Spandrel Adjacent Curb and No: Location Corner Gutter Cut Sidewalk Gutter Notes Type Case Section Detail (SF) (LF) 1 GERNDALSTREET ADELAVENUE NE 6 A B-B D YES NO - - 2 - GERNDALSTREET ADELAVENUE NW 6 A B-B D YES NO 20 - 3 GERNDAL STREET ADELAVENUE SW 6 A B-B D YES NO - - 4 GERNDALSTREET ADELAVENUE SE 6 A B-B D YES NO - 5 GERNDALSTREET CAPEN AVENUE SE 6 A B-B D NO YES - - 6 GERNDAL STREET CAPEN AVENUE SW 6 A B-B D NO YES 7 GERNDALSTREET HAREAVENUE SE 6 A B-B D NO YES - - 8 GERNDALSTREET HAREAVENUE SW 6 A B-B D NO YES - 9 GERNDALSTREET .GAIN AVENUE BE 6 A B-B D NO YES 30 - - 10 GERNDALSTREET BAIN AVENUE SW 6 AB-B D NO YES - - 4 60 , } QU , Y m SPR\NQS a � 0i b 40Y4 Rv, 4y 4ro' s af 9 PROJECT U LOCATION imoHAxr ipA 9 5' F RD P 7HF/NDER rATMnroen &' QPM' r IIL � ® AlleN �(-J INDEX SHEET 1 VICINITY MAP VICINITY MAP SHEET 2 DETAILED RAMP LOCATION NOT TO SCALE MAP SEAL;- �5 PREPARED BY: SHEET RAMP INSTALLATION PROJECTDMS ne.sasse OF qA p9 ao ttsr WORK AREA ,i2 CONSULTANTS, INC. 9�OFGp�E�Q� C I V I L E N G I N E E R S 2 SHEETS 12371 Lenin SL 1203 Carden G—0A 92640 P.714-7417-9840 F.714-740-8842 W LYCOMING ST a L W NORTHHAMPTON z 0 W Z DR 03 ¢ a > oW. Y U QW 4 Q LLJ FARLGATE ST V) Q z a E o ON�,K J� MOONLAKE ¢ �RLGpCE MO y�P� ST ST 10 9 94 93 11 G5 I Z Sed\ ENs�DE GRE DR 0 Q FLINTGPTE o � m R D LO P�NV( QP�h\�A 5 090 OR LEAR p 8 SPRING pv 017 �2� A,CFOL Q� CT ¢ cq�\ TR P�pP GA o� 60UR�F O\ �\o Z o 2 m CT Q xE�F EL0 n�nO 9 RAPIIDRVI Off. ti BUFF OR TF�q 8 y0 o CHAS o < cHe �ti 3 CT �` TRESS OP OGS'NF ` Cy- 93 o � �yti o F LARKSTONE cF cr �o M s DR 0 D o F DAB CT DR ACCESS RAMP LEGEND ARAMP NUMBERS pA NOTE: SEE ACCESS RAMP WORKSHEET LOCATION MAP TABLE IN SPECIFICATIONS FOR TYPE & CASE OF RAMP NOT TO SCALE SEAL:- PREPARED BY: SHEET RAMP INSTALLATION PROJECT2 DMS 0.34559 OF i� Exp,s ao 1t WORK AREA #2 oFcn�F° CONSULTANTS, INC. 2 SHEETS C v Y L E N G I N E E R S 12771 lenis SL X203 Carden Grove CA 92840 P.714-740-8610 F.714-740-8842 CITY OF DIAMOND BAR 2010-2011 CDBG CURB RAMP INSTALLATION PROJECT ACCESS RAMP WORKSHEET-AREA 2 Ram lSPPWC Standard Remove Spandrel Adjacent Curb and p Location corner Sidewalk Gutter Notes No. Gutter Cut (SF) (LF) Type Case Section Detail 1 CALPET DR ARKLEY DR SE 6 A B-B D NO YES 2 CALPET DR ARKLEY DR SW 6 A B-B D NO YES - 3 CALPET DR CLORINDA DR. NE 6 A B-B D YES NO - - 4 CALPET DR CLORINDA DR NW 6 A B-B D YES NO 5 CALPET DR DAMIETTA DR NE 6 A B-B D NO YES 30 - 6 CALPET DR DAMIETTA DR NW 6 A 8-B D NO YES - - 7 CALPET DR ACFOLD DR NE 6 A B-B D YES NO - 8 CALPET DR ACFOLD OR NW 6 A B-B D YES NO 9 FLINTGATE DR ARKLEY DR SE 6 A B-B D NO YES - 10 FLINTGATE DR ARKLEY DR SW 6 A B-B D NO YES 11 FLINTGATE DR BELBURY DR SE 6 A B-B D NO YES - 12 FLINTGATE DR BELBURY DR SW 6 A B-B D NO YES - - CITY OF DIAMOND BAR 2010-2011 CDBG CURB RAMP INSTALLATION PROJECT ACCESS RAMP WORKSHEET-AREA 2 ! Ramp SPPWC Standard Remove Spandrel Adjacent Curb and No. Location Comer Gutter Cut Sidewalk Gutter Notes Type Case Section Detail (SF) (LF) 13 FLINTGATE DR CLORINDA DR SE 6 A B-B D .NO YES - - See Attached Detail 14 FLINTGATE DR CLORINDA DR SW 6 A B-B D NO YES - - See Attached Detail } R __13 R=27' 1_4U JJ _ f �/ JOINtX. - SIDE LK R=\27' ico2 �� w S9 1 ��.\ 7, 00 ly CASE A 8' "p ti,, JOit� EX. TYPE 6 JOINSID rs 7 CASE A TYPE 6 JOIN,EX. SIDEWALK Eby i RAMP INSTALLATION PROJECT SCALE:_ _f=20' WORK AREA #2 RAMP #13 & RAMP # 14 4 Id110(IIXf Oft It s Ln Z wN ox g sp� _ ou � s� � m � > 57 60 PROJECT LOCATION qT Ci Ax 3 4r vaueT SYCAMORE GpV�� CANYON PARK INDEX m� MAP 1 VICINITY MAP LOCATION MAP SHEET 2 DETAILED RAMP LOCATION NOT TO SCALE MAP SEAL PREPARED BY: SHEET �R a. DMS q o�zb RAMP INSTALUTTON PROJECT No.W68 OF Exp,9 30 11 4 A `p CMI. ��P WORK AREA�3 CONSULTANTS, INC. OFeCIVIL ENGINEERS 2 SHEETS 12371 Le.!S SL 1203 Gurdon Dove CA 92840 P.714-740-8840 F.714-740-8842 Fy �R S rr�1 2 c`F FT \ V �GJpSp 3 o Rp �o 0 4 ° C9 1 Ja 5 ve a hjBARA � 57 60 9 7 Mp16�Rq DIAMOND 15 GOLD RUSH BAR BLVD. A pc cq 0 6 c 12 P R N o o� DR Q Q bp�F Q z Wp pR Gem m �ACpN z zey� (D r o 10 r v a �� W 9 0 m e 2� °v r 2 o m o \P� 14 e�z ° 0 13 TIN DR ARq ��AyypRN o ppS OR RAQUEI' CLUB DR w � RD. SYCAMORE K, m STEEP CAN CANYON rpN PARK RD. ACCESS RAMP LEGEND ARAMP NUMBERS MAP NOTE: SEE ACCESS RAMP WORKSHEET LOCATION MAP TABLE IN SPECIFICATIONS FOR TYPE & CASE OF RAMP NOT TO SCALE SEAL; PREPARED BY: SHEET EA RAMP INSTALLAMN PROJECT2 No.UW,a DMS OF EXP,9 30 11 WORK AREA#3 `p cim o��� CONSULTANTS, INC. 2 SHEETS �oFch1�F C I V I L E N G I N E E R S 12371 L d.ia"$20.1 Carden Grave G 91840 P.714-740-0840 F.714-740-8842 CITY OF DIAMOND BAR 2010-2011 CDBG CURB RAMP INSTALLATION PROJECT ACCESS RAMP WORKSHEET-AREA 3 Adjacent Curb and Ramp SPPWC Standard Remove Spandrel Ad� ! No. Location Comer Gutter Cut Sidewalk Gutter Notes Type Case Section Detail (SF) (LF) 1 CAMARITAS DR SABANA OR NE 6 A. B-B D NO YES - See Attached Detail 2 CAMARITAS DR SABANA DR SE 1 B - C-C D NO YES - 20 See Attached Detail 3 GOLDEN PRADOS DR SABANA DR NE 6 A B-B D NO YES - - 4 GOLDEN PRADOS DR SABANA DR SE. 6 A B-B D NO YES 5 GOLDEN PRADOS DR MONTURA DR NE 6 A B-B- D NO YES 20 6 GOLDEN PRADOS DR MONTURA DR BE 6 A B-B D NO YES - 7 GOLDEN PRADOS DR TIOGA DR NE 6 A B-B D YES NO - - 6 GOLDEN PRADOS DR TIOGA DR SE 6 A B-B D YES NO 9 GOLDEN PRADOS DR GOLDEN CROWN CIR NE 6 A B-B D NO YES - - 10 GOLDEN PRADOS DR GOLDEN CROWN CIR SE 6 A B-B D NO YES - 11 GOLDEN PRADOS DR ANTLER DR NE 1 B C-C D NO YES - - 12 GOLDEN PRADOS DR ANTLER DR BE 1 B C-C D NO YES - - ! CITY OF DIAMOND BAR 2010-2011 CDBG CURB RAMP INSTALLATION PROJECT ACCESS RAMP WORKSHEET-AREA 3 Ramp SPPWC Standard Remove Spandrel Adjacent Curb and No. Location Corner Gutter Cut Sidewalk Gutter Notes Type Case Section Detail (SF) (LF) _ Cut and Grind surface,Install 3'x4'Truncated 13 GOLDEN SPRINGS DR GOLDEN PRADOS DR NW - - - Domes Cut and Grind surface,Install 3'x4'Truncated 14 GOLDEN SPRINGS DR GOLDEN PRADOS DR SW Domes Cut and Grind surface,Install 3'x4'Truncated 15 GOLDEN SPRINGS DR SABANA DR NW - - Domes _ Cut and Grind surface,Install 3'x4'Truncated 16 GOLDEN SPRINGS DR SABANA DR SW - - - - Domes w; CASE A �✓� s SPE 6 ,'����- ���� Oc �. Ov- 27'cp \ <`� / I { \ \\\ R_27, O 26)TC Q' \\\101.61 FLD �� : 3�obt CSE B o. ��ODIFIE ) SCALA RAMP INSTALLATION PROJECT WORK AREA #3 RAMP 0 &RAMP # 2 APPENDIX D STANDARD DRAWINGS I I 4' 1.220.mm) 3' (915 A_ .mm MIN 4' 1220 mrrl 3' (9t5 rnm: MIN: TRANSITION x' 4:1 MIN cel Y 3IN mm te'V< NOTE 8 33 ' SHEET (0 SHEET 10 iI a a 8.33 e _MAX. CURB X I. �.�. X ' 4 CURB FACE \4' (1220.mm) X A u3:2 TYP E 1 AORB 4' (1220 mm 3 915 mm MIN R z z R C.x NOTE 8NGRADE BREAK r , 3� SHEET 10 a NOTE.2, ix c) SHEET 10 taro a::::: L. a d :::M:ii€ii;8.M3 a CURB. . F. XX �': _ CURB FACE X .,4'.((,22 A OR B SEE SHEET 7, THIS SECTION TYPE 2 CASE A STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION EREV. OMULGATED BY THE STANDARD PLAN WORKS STANDARDS INC: CURB ���� �I MBOOK:COMMITTEE CU ® 111-4`� 1902 9 a 996,2000,20DS.2009 USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SHEET 1 OF 10 BCR O� Q 2% MAX, E 4' 1220..mm RADE BREAK E 3. :915 mm 'MIN: l . 2 N \ SHEET810 NOTE 2'.' :::;. h a'd SHEET {.0 C-j �i PLANTING a AREA CURB CURB FACE WHERE PLANTING AREA'IS ADJACENT TO THE CURB RAMP, USE CASE A, TYPE 6 TYPE 3 2% MAX z O� Q GRADE BREAK E E 4' 1220 mfi' " -o E T(915 mm MIN U` NOTE 81. BCR ;¢ '11,92' •.:'' o 1. . . ' NOTE\'o' :.•��;>:•: S, w a PLANTING 1 \yq __ D- AREA 8.3 0 ��. \�Q CURB CE1RB FACE WHERE PLANTING AREA IS ADJACENT TO THE CURB RAMP, USE CASE A, TYPE 6 TYPE 4 CASE A STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN CURB RAMP. 1 1®4 SHEET 2 OF 10 A OR B 4- 1220 mm R 3 915 mm R Z: :MINK NOTE 2, SHEET'10" ADE,BREAK PLANTING.-,AREA < FLANTING::ARE(� CURB CURB FACE .; (1200 mm) AORB SEE FIGURE 1, SHEET 8, THIS SECTION TYPE 5 -PARKWAY I R W 2% MAX _z z a a 4' 1222 0 mm Z M� 3 915•mm MIN. PCC—�WALK o 4 1220':mm.) R.- Z- 3 v ' 915 mm)`'MIN C,4.< NOTE 2 0:: •- i Js:<<: SHEET"1.0 NOfiE 8 �� y O PLANTING'AREA EET 1 1ry`Y CURB Ora CURB FACE IF PLANTING AREA IS NOT ADJACENT TO SIDE FLARE, USE "X" PER TABLE 2 FOR THAT FLARE �Z =TYPE 6 CASE _ A STANDARD PLANS:FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN CURB RAMP 111®4 .._.._ _. .. SHEET 3 OF 10 C =x z- .NOTE 2 3' '915 mm SHEET 10 MIN NL¢ U Q U; NOTE'8; SHEETA'O CURB CURB FACE x 4. f< (1220'mm)''� � C TYPE 1 2% ti°� MAIC + G 2 NOTE 2 <v . NOTE 2 a SHEET 10.. CURB i CURB FACE �� G 1ti I TYPE 2 CASE B STANDARD PLANS FOR. PUBLIC WORKS CONSTRUCTION STANDARD PLAN CURB RAMP SHEET 4 OF 10 A SKEW ANGLE, a 4' SKEW'ANGLE a=45' (1220 m ) OFFSET b=0 NOTE 2, UNLESS OTHERWISE 7 SHEET 10 NOTED ON PLANS M 915 � Y IMIN MOC X NOTE . HEET 1 OFFSET, b CURB CURB FACE X CASE C Z BE YE E' Q N tq 0 rn SEE DETAIL NOTE 8, v A, B, C, ORA SHEET 10 A N04 JAN¢ s r 3 N04 2, SHEET 10 5%MAMAX Y 3 915 mm PLANTING MIN a. AREA REGRADE X=4' (1220 mm) Y IF ADJACENT TO CURB— PLANTING AREA, CURB FACE OTHEWISE SEE TABLE 1 s . TYPE 1 Y _ z 3L(91 5 mm m MIN SEE DETAIL A, B, COR D I E E N OMi }� A 3 N a NOTE 8, 5% MAX SHEET 10 Q U o_a CURB NOTE 2, CURB FACE SHEET 10 TYPE 2 CASE D STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN CURB RAMP 111-4� SHEET 5 OF 10 S MAS( GRADE BREAK 4' (1220'nm) 3' (915.mm).MIN CD x Of N DY E0 Q Z OR N Q MARKED 3 E A OR'.B LESS N z MAX CROSSWALK UC4 z N Sa.- y aI 4' (1220 mm)' x 3 m1 3' (915 mm).M 1 N _ Q PLANTING AREA NOTE 2; SHEET 10 CURB A OR NOTE 8, SHEET 10 CURB FACE X=4' (1220 mm) X WHEN ADJACENT (1220 mm) TO PLANTING AREA x MARKED CROSSWALK TYPE 1 S MAX x N x E U N U N MARKED S LEOR ur('•,' CESS57MAX . `t CROSSWALK NOTE 2, SHEET 10 --Z=X Y x 3' 915 m b� Y 3 �. MIN ::`VI`::::: `*4 GRADE BREAK CURB X q' X CURB FACE NOTE 8, SHEET 10 CURB FACI C 1 MARKED CROSSWALK TYPE 2 CASE E STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN CURB RAMP 1 1-4 SHEET 6 OF 10 SEE NOTE 6 PARKWAY SHEET 10 R Y 4' 1220 mm EE. AB- - 915 mm MI EXISTING ROUNDE TOP OF ROADWAY gy M EDGE RAMP 33%.MAX, . . �-2 aWAX A2-0 CURB AND GUTTER SECTION A-.A USE FIGURE 1 TO DETERMINE WHICH OF SECTIONS A—A, B—B SEE NOTE 6, PARKWAY _ OR C—C IS APPROPRIATE. SHEET 10 R Y r-`4' _1220 mm EXISTING ROUNDED TOP OF ROADWAY Sy EDGE. RAMP/. \ DEPRESS BACK OF WALK k SEE DETAIL A, B, C OR D, 3 MA 27. ,AX: SHEET 10. A2-0 CURB AND GUTTED SECTION B-B SEE NOTE 6 PARKWAY SHEET 10 EXISTING Y ROADWAY SZ A, ^\ DEPRESS BACK OF WALK rSEE DETAIL A, B, C OR D, -«-2% MAX SHEET 10. " A2=0`CURB'AND GU TIER SECTION C-C Z 4' Z 1220�mm �. J g-----,;,:DEPRESS BACK OF WALK �3 A - �'• 'y3� PCC SIDEWALK SECTION R-R Z OR LESS Z 4' 4' Z 1220 mm 1220 mm DEPRESS BACK OF WALK PCC SIDEWALK SECTION S-S STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN CURB RAMP 111-4 SHEET 7 OF 10 PARKWAY WIDTH, FT (m) 4' 5' 6' 7' 8' 9' 10' 11' ' 12' 13' 14' 15' 16' 17' 18' 19' 20' (1.2) (1.5) (1.8) (2.1) (2.4)(2.7)'(3:b)(3.3)(3.6) (3.9)(4.2) (4.5) (4.8) (5.1) (5.4).(5:7) (6.0) 1" (25)- E 2" (50)- 3- (75) SFCTO C) 4" (100) q�q SECTION A-A z 5" (125) CJ LI/V LANDING = 4' (1220 mm) U6- (150) Z QO r9�S LL 7" (175) F- U cM 8" (200) LL' U 9" (225) SECTION B-B Q 10" (250) CALCULATE Z'DIMENSION mi PER FORMULA BELOW O 11" (275) z 12" (300) OR MORE FIGURE 1 -. SECTION USAGE NORMAL WHERE FIGURE 1 SHOWS USE OF SECTION B-B, FIGURE Z CURB FACE, SECTION Y-Y DIMENSION AS FOLLOWS: INCHES (mm) X, FT (mm) Y, FT (mm) W = PARKWAY WIDTH 2" (50) 4.00' (1200) MIN 2.63' (790) L = LANDING WIDTH, 4' (1220 mm) TYP, 3' (915 mm) MIN 3" (75)' 4.00' (1200) MIN 3.95' (1185) Z = [(Y+L).-W] x 0.760 4" (100) 4.00' (1200) 5.26' (1580) IF (Y+L) < W, THEN Z = 0 5" (125) 5.00' (1500) 6.58' (1975) 6" (150) 6.00' (1800) 7.90' (2370) TABLE 1 SHOVES X FOR A FLARE SLOPE OF 8.337 AT 7" (175) 7.00'(2100) 9.21' (2765) THE CURB FACE. -IF L-IS 4' (1220 mm) OR MORE, X MAY BE MULTIPLIED BY 0.833 FOR A MAXIMUM FLARE 8" (200). 8.00''(2400) 10.53' (3160) SLOPE &10% AT THE CURB FACE. 9" (225) 9.00"::(2700) 11.84' (3555) 10" (250) 10.00'(3000) 13.16' (3950) 11" (275) 11:00' (3300) 14.47' (4340) 12" (300) 12.00' (3600) 15.79' (4735) SEE SHEET 9 FOR STREET.SLOPE ADJUSTMENT FACTORS, ALL STREETS., . TABLE 1 - X AND Y VALUES TABLE 1 REFERENCE FORMULAS: X = CF / 8.333% Y = CF / (8.333% - 2% WALK CROSS SLOPE) STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION sTnNonRo PLAN 111 CURB RASP ®4 SHEET 13 OF 10 4' 1220 mm) 915 mm MIN Z.DOWN Z,UP, . GRADE BREAK I I- CURB/ M� T CURB GR .I X.DOWN X.UP I CURB FACE SLOPE, S '� T T T "I (1220 mm) TYPICAL CURB RAMP X.D�OWN X.UP BACK OF WALKi S GUTTER �- FLOW LINE SECTION T-T SLOPED STREET FOR SLOPED STREETS, MULTIPLY THE DIMENSIONS PARALLEL TO THE STREET, X AND Z, UPSTREAM AND DOWNSTREAM OF THE RAMP, BY THE FACTORS IN THE FOLLOWING TABLE. FOR EXAMPLE, X.DOWN = X x K.DOWN S K.DOWN K.UP 0% 1.000.1 1.000 0.9.77' 1.025 0.5% 0.943 1.064 1% 0.893 1.136 2% 0:806 1:316 3% 0:735 1.563 4% 0.676 1.923 576 0.625:. 2.500 TABLE 2 - SLOPE ADJUSTMENTS TABLE 2 REFERENCE FORMULAS: K.DOWN =,8.333% / (8.333% + S) K.UP = 8.333% / (.8.333% - S) STREET SLOPE ADJUSTMENTS STANDARD PLANS•FOR.PUBLIC,WORKS CONSTRUCTION ..j STANDARD PLAN CUR RAMP' ���®4 - SHEET 9 OF 10 12" (305 mm OO p p p 3/4., M"�O OO a0OO 0.90" ci E 19 mm) N"OO OO Oo:. O' (23 Mm)!/--\ Ln SINGLE 1/4" b� 1 4" OO °O OO 'PATTERN 0 "TRUNCATED DOME" (6 mm) (6 mm) 2'35" 60 rhm) GROOVING DETAIL DETECTABLE WARNING DETAIL CONSTRUCT FENCE OR HANDRAIL o Z PER CONTRACT PLANS Y o 6" (150 mm) m PAVED SURFACE PAVED SURFACE RETAINING CURB-� f y al DETAIL A DETAIL B GRADED 6" (150 mm) SLOPE 2:1 /,--UNPAVED SURFACE UNPAVED SURFACE MAX RETAINING CURBS DETAIL Q ` DETAIL D GENERAL NOTES: 1. CONCRETE SHALL'BE CLASS 520-C-2500,(310=C-17) CONFORMING TO SSPWC 201-1.1.2 AND SHALL BE'4" 000'rr1m) THICK.` 2. THE RAMP SHALL HAVE A 12" (305 mm) WIDE'BORDER.WITH 1/4" (6 mm) GROOVES APPROXIMATELY 3/4" (19 mm) OC.. SEE GROOVING'DETAIL 3. THE RAMP SURFACE.SHALL HAVE A'TRANSVERSE BROOMED SURFACE TEXTURE CONFORMING'TO'SSPWC 303-1.9. 4. USE DETAIL "A OR B" IF EXISTING SURFACE BEHIND LANDING IS PAVED. 5. USE DETAIL;`"C" OR' D" IF EXISTING SURFACE BEHIND LANDING IS UNPAVED. 6. R = S (900 mm) UNLESS OTHERWISE SHOWN ON PLAN. 7. ANGLE = A/-2 UNLESS OTHERWISE SHOWN ON PLAN. 8. CONSTRUCT DETECTABLE WARNING SURFACE.PER DETAIL.THIS SHEET. MATERIALS SHALL BE PER CONTRACT DOCUMENTS. I STANDARD PLANS'FO.R PUBLIC WORKS CONSTRUCTION STANDARD PLAN CURB RAMP 111®4 SHEET 10 OF 10 APPENDIX E CONSTRUCTION AND DEMOLITION REQUIREMENTS ORIConstruction and Demolition Requirements I.Hauling and Recycling Construction and demolition debris comprise a significant percentage of the City's overall waste stream. The State of California mandates that the City of Diamond Bar meet the state diversion requirements. In order to accurately monitor and report all construction and demolition debris generation and.diversion activities, all materials must either be hauled and processed by a City franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements as prescribed below. A. Franchise Hauler The City has two franchised contractors based-on the criteria below: For new construction sites regardless of residential or commercial: Contact Valley Vista Services(626)961-6291 For all redevelopment of existing residential sites: Contact Waste Management Inc.(909)599-1274 B. Non-Franchise Hauler If a property owner or contractor utilizes a third party to haul construction and demolition debris,the right of first refusal must be given to the City's franchise haulers identified above. In the event that a construction or demolition contractor itself,without engagement of a third party hauler elects to self haul utilizing a truck or other means of transport,the contractor will be required to demonstrate through submittal of weight ticket receipts that 50%of the debris removed from the construction site has been recycled at the time of the final building inspection with the following requirements: 1. A report reflecting the following information: a The estimated volume or weight of construction and demolition debris,listed for each material; e The estimated volume or weight of construction and demolition debris that can be diverted listed for each material; ® The estimated volume or weight of construction and demolition debris that will be landfilled as waste;and • Identification of the vendor or facility that will collect or receive the construction or demolition debris. 2. Pay AB939 fee of$6.00 per bin and$40 per roll off for all non-franchise hauler containers (revenue code CD Waste) 3. Fill out Attachment A H.Permit Expiration Demolition permits shall expire by limitation and shall become null and void if the work authorized by such permits is not substantially commenced within 45 calendar days from the permit issuance date or as otherwise specified by the City. M.AQMI)Requirements Notification of Demolition or Asbestos Removal should be completed, signed, mailed and fee paid by the contractor performing the removal and/or demolition project to AQMD at 21865 Copley Drive,Diamond Bar, CA,91765(909)396-2336. Last updated March 14,2008 Attachment A Form for Non-Franchise Haulers for Construction and Demolition Requirements Company and Project Info: Name of licensed demolition contractor hauler or self hauling company Address of Company City Zip Code Phone Number Address and Name of Project Site Type of recycleable material or waste material to be transported for this project Report Information: Please submit this information prior to final building inspection. A report reflecting the following information: ® The estimated volume or weight of construction and demolition debris,listed for each material; a The estimated volume or weight of construction and demolition debris that can be diverted listed for each material; a The estimated volume or weight of construction and demolition debris that will be landfilled as waste;and ® Identification of the vendor or facility that will collect or receive the construction or demolition debris. AB 939 Fee Payment: Pay AB939 fee of$6.00 per bin and$40 per roll off for all non-franchise hauler containers Type of Container number of container Paid date(office use only) (revenue code CD Waste) Agreement and Signature: The property owner agrees to submit documentation to demonstrate compliance with the 50%diversion requirement for construction debris and shall indemnify and hold harmless the City for damage and liability,including any financial liability,fines and penalties,associated with using a non-City franchised hauler and failing to satisfy diversion requirements. Property Owner Signature Print Name Date Self Hauler Signature Print Name Date Last updated March 14,2008 Agenda # R _ 1 Meeting Date: January 18, 2011 CITI I�1ue CITY COUNCIL AGENDA REPORT r'yt:t�ket�R��wO j9Sg TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Man g TITLE: FIRST READING OF AN ORDIN NCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING REGULATIONS PERTAINING TO DANGEROUS ANIMALS, ANIMAL LICENSING PROCEDURES, ABATEMENT OF BARKING DOGS AND OTHER NOISY ANIMAL NUISANCES AND AMENDING THE DIAMOND BAR MUNICIPAL CODE RECOMMENDATION: Approve for first reading by title only, waive full reading, and schedule second reading for February 1, 2011. FISCAL IMPACT: None. BACKGROUND / DISCUSSION: Much of the City's Animal Code was carried over from the County of Los Angeles upon incorporation and has remained largely unchanged since 1989. Updates are necessary to improve efficiency of processes and overall service to Diamond Bar residents. The following amendments are recommended: Dangerous Animals Appeals Process Currently, if a dog has been found to have bitten or caused injury to a person or domestic animal without provocation, menaced, attacked, or engages in or has been trained to engage in fighting, the City's animal control agent (Inland Valley Humane Society/IVHS) investigates the matter and holds a hearing to determine whether the dog should be classified as dangerous. If the dog is found to be dangerous, it may be subject to impoundment and/or euthanasia. Upon a decision by the IVHS Director (hereinafter the "Director"), the dog's owner is entitled to appeal. The City's code provides that the appeal be reviewed by the "Dangerous Animals Appeals Board", made up of the following three individuals: 1. One member from the County Veterinarian's Office 2. One member designated by the executive officer/clerk of the board from a panel of state humane or peace officers appointed by the County Board of Supervisors 3. One member from the County Department of Health Services — Public Health Investigations While the dangerous dog appeals process has been used only once (according to staff research), the current system limits local control of the process by placing the decision in the hands of County personnel with limited knowledge of Diamond Bar. Staff recommends the Code be amended to eliminate the Board and provide the City Manager or his designee the authority to process the dangerous dog appeal. Licensing Grace Period The City's current provisions require dog and cat owners to secure a license from IVHS within 15 days of taking custody of the animal. Those that fail to do so by this short deadline are subject to penalties. IVHS has requested its contract cities implement code amendments that increase the grace period. With this, staff recommends the licensing grace period be increased from 15 to 45 days after the owner has taken custody of the dog or cat. This extension provides greater convenience to Diamond Bar residents while maintaining licensing requirements that encourage responsible pet ownership. Barking Dogs/Excessive Animal Noise As written, the current Code provisions related to barking dogs are vague and without clear procedures, making potential nuisances difficult to investigate and enforce. To address this problem, staff recommends a new Division of the Animal Code be adopted, as summarized below: i • An owner that permits a barking dog or other noise-making animal on the property to disturb the peace shall be guilty of a misdemeanor, subject to an investigation conducted by IVHS. • Procedures for the processing of resident complaints related to barking ng dogs/noisy animals by IVHS, and noticing the owner of the animal in question are clearly identified. • After receiving a minimum of two complaints of a barking dog or noisy animal, IVHS shall investigate the allegation, consider all available evidence, and if necessary, issue an order to correct of the matter. The order may include training, an order to house the animal indoors during specific hours, removal of the animal from City, or referral of the matter to the appropriate agency for prosecution of the animal's owner, among other options. The ruling shall be final unless appealed. • The Director's decision may be appealed to the City Manager or his/her designee within seven days. The decision of the City Manager (or his/her designee) shall be final. Amendments to Sections Related to "Wild Animals" Current regulations require all animals other than dogs and cats to be licensed by the County Tax Collector, with a few exceptions (including various types of birds, guinea pigs, hamsters, snakes, etc.). Since the County does not license Diamond Bar animals, this section has been amended to refer the licensing authority to IVHS. Licensing exemptions for certain wild animals, including monkeys, hawks, eagles, and chipmunks have been removed. Kennels & Grooming Parlor Licensing The Code currently grants licensing authority of kennels and pet grooming parlors to the County Tax Collector. As a local land use decision, licensing of these facilities should be processed through the City's Community Development Department and regulated by the Development Code and Business License Ordinance where applicable. Therefore, all references to kennel and pet grooming parlor licensing and the County Tax Collector and Business License Commission have been removed. City Attorney Review The proposed amendments have been reviewed and approved by the City Attorney. Prepared Rt,McLean, Assistant to the City Manager Attachments 1. ORDINANCE 2010-XX, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING REGULATIONS PERTAINING TO DANGEROUS ANIMALS, ANIMAL LICENSING PROCEDURES, ABATEMENT OF BARKING DOG AND OTHER NOISY ANIMAL NUISANCES AND AMENDING THE DIAMOND BAR MUNICIPAL CODE i I i i i i ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING REGULATIONS PERTAINING TO DANGEROUS ANIMALS,ANIMAL LICENSING PROCEDURES,ABATEMENT OF BARKING DOG AND OTHER NOISY ANIMAL NUISANCES AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does ordain as follows: SECTION 1: Subsection (a)of Section 6.00.030. "Dangerous animal appeals board" of the Diamond Bar Municipal Code is hereby repealed. SECTION 2: Subsection(a) of Section 6.08.210 of Title 6, Chapter 6.08 of the Diamond Bar Municipal Code is hereby amended to read as follows: (a) Every person owning or having custody or control of any dog over the age of four months in the city not covered by the provisions of sections 6.08.250 and 6.08.260 shall, within 45 days, obtain an annual license from the director for each of such dogs and at the same time obtain a dog license tag, and for such licenses shall pay such amounts as established by the council from time to time. SECTION 3: Section 6.08.370 of Title 6, Chapter 6.08 of the Diamond Bar Municipal Code is hereby amended to read as follows: Any person keeping or harboring any dog for 45 consecutive days shall be deemed to be the custodian thereof and subject to licensing provisions within the meaning of this title. SECTION 4: Section 6.08.670 of Title 6, Chapter 6.08 of the Diamond Bar Municipal Code is hereby amended to read as follows: Any person dissatisfied with any decision of the director at a hearing on impoundment may, within ten days after such decision is announced at the conclusion of the hearing, otherwise within 15 days of receipt by the owner or custodian of the subject dog of written notice of the decision, file with the city's agent a notice of appeal to the City Manager or his/her designee. The notice shall be signed by the appellant or by his attorney, and shall be sufficient if it states in substance that the appellant appeals from a specified decision or a particular part thereof. The notice shall contain no argument, evidence or points and authorities of law. The notice of appeal may, however, state briefly the grounds upon which the appeal is taken. SECTION 5: Section 6.08.680 of Title 6, Chapter 6.08 of the Diamond Bar Municipal Code is hereby amended to read as follows: Upon receipt of the by the director of the notice of appeal,he or she shall take action in accordance with section 6.08.720. If the City Manager or his/her designee, pursuant to section 6.08.720, grants a hearing, the Director shall give not less than ten days written notice of the date, time, and place of such a hearing, and also stating whether or not additional evidence may be introduced by the appellant. The City Manager or his/her designee, at a hearing upon appeal, may permit the introduction of and consider additional evidence, or it may at its option consider only the records of the proceedings before the city's agent,together with any exhibits received in evidence during such proceedings. In either case,the City Manager or his/her designee may hear and consider additional argument and points and authorities of law, and may require parties before it to submit such argument and points and authorities of law prior to rendering any decision. SECTION 6: Section 6.08.7 10 of Title 6, Chapter 6.08 of the Diamond Bar Municipal Code is hereby amended to read as follows: . Upon filing of a notice of appeal pursuant to sections 6.08.670 and 6.08.690, or as soon thereafter as practicable, the department shall transmit to the City Manager or his/her designee all exhibits introduced in evidence before the hearing on impoundment, and one original and two copies of the transcript of all testimony. SECTION 7: Section 6.08.720 of Title 6, Chapter 6.08 of the Diamond Bar Municipal Code is hereby amended to read as follows: (a) Upon receiving the documents and transcripts required by section 6.08.710, the City Manager or his/her designee may: 1. Set the matter for hearing in accordance with section 6.08.680. 2. Recommend that the director take such action as, in its opinion, is indicated by such evidence, or; 3. Refer the matter back with or without recommendations to the director for further proceedings. (b) In no case, however, shall any decision to destroy a dog be upheld by the City Manager or his/her designee unless the appellant shall have been given an opportunity to appear in person to present argument and/or points and authorities of law. SECTION 8: A new Division 6 entitled"Barking Dogs and Other Animal Noises" commencing with section 6.08.1260 is hereby added to Title 6, Chapter 6.08 of the Diamond Bar Municipal Code to read as follows: "DIVISION 6. BARKING DOGS AND OTHER ANIMAL NOISES" 6.08.1260. Barking dogs and other animal noises. It is unlawful to keep, maintain, or cause or permit to be kept or maintained upon any premises in the City, or to permit or allow to be running at large, any dog or other animal which repeatedly barks, howls, whines, crows, or makes loud or unusual noises in such a manner as to either disturb the peace and quiet or interfere with the comfortable enjoyment of property of a person or persons residing in the vicinity of such premises. Violation of this section shall be a misdemeanor. Every day during.which any person continues to keep or maintain any such animal, shall be a separate violation of this section. 6.08.1270. Procedure for processing complaints of barking dogs and other noisy animals. (1) Complaints regarding a barking dog or other noisy animal shall be submitted in writing to the Director and shall include the name address and hcomplainant,telephone number of t e the address where the animal is kept, and a description of the noise and times of day it is heard by the complaining party. (2) Upon receiving a complaint involving a barking dog or other noisy animal, the Director shall send a letter or notice to the owner of the dog or other noisy animal or the owner of the premises upon which the dog or other noisy animal is kept(hereinafter"owner"), advising the owner of the alleged noise and requesting immediate steps be taken to prevent any further disturbances. 6.08.1280. Investigation of complaint by Director. After receiving a complaint regarding a barking dog or other noisy animal and completion of the procedures specified in Section 6.08.1270, the Director shall investigate the allegation considering the evidence described in Section 6.08.1290 to determine whether there has been a violation or continues to be a violation of Section 6.08.1260. 6.08.1290 Evidence of a barking dog or other noisy animal. In making a determination that a dog or other animal is or is not a barking dog or other noisy animal and whether a violation of Section 6.08.1270 has occurred, evidence of the following shall be considered (1) The nature and frequency of the barking or other noise; (2) The time or times of day when the noise is heard by the complaining parties; (3) The apparent reasons or provocations for the dog or other animal to emit the noise; (4) The location or locations on the property where the dog or other animal is kept; (5) The manner in which the do or other animal is kept; g (6) The number of persons complaining about the barking or other noise; (7) Any other relevant evidence concerning the alleged barking dog or other noisy animal problem. 6.08.1300 Disposition of barking dog or other noisy animal. Upon completing the investigation of the complaint in Section 6.08.1280, the Director shall: (1) Make a determination as to whether the dog or other animal is a barking dog or other noisy animal within the meaning of Section 6.08.1260 and whether there has been a violation of Section 6.08.1260; (2) Issue an order which may include any or all of the following dispositions of the matter: a. No action, b. That the dog or other animal be trained or retrained to cease creating a violation, C. That the dog or other animal be kept indoors during specified hours, or other similar measures be taken, to eliminate the violation, d. That the dog or other animal be removed from the City permanently, or for a specified periods of time after which time the animal may be returned as long as steps have been taken such that the violation will not recur, and e. That the matter be referred to the appropriate agency for criminal or civil prosecution of the owner of the dog or other animal. (3) Send a written notice of his or her determination and order to the owner and the complaining parties. The Director's determination shall include specific deadlines for performance of the order. 6.08.1310 Appeal. The determination and order of the Director shall be final unless appealed to the City Manager or his/her designee by the filing of a written appeal with the City Clerk within seven days of the date of mailing, which appeal shall be accompanied by an appeal fee, in an amount to be determined by resolution of the City Council. The Director's determination and order shall be stayed during the pendency of the appeal. The decision of the City Manager or his/her designee shall be final. 6.08.1320 Failure to comply. Failure of the owner to comply with a final determination and order shall be a misdemeanor. SECTION 9: Subsection (a) of Section 6.12.020 of Title 6, Chapter 6.12 of the Diamond Bar Municipal Code is hereby amended to read as follows: (a) Every person owning or having custody or control of any cat over the age of four months in the city shall, within 45 days, obtain an annual license and a cat license tag from the director and for such license and tag shall pay such amounts as established from time to time by resolution of the city council. A license tag for an individual cat shall be securely affixed to a collar, harness or other device which shall at all times be worn by such cat, except while such cat remains indoors or in any enclosed yard or pen. SECTION 10: Subsection 0) of Section 6.12.020 of Title'6, Chapter 6.12 of the Diamond Bar Municipal Code is hereby amended to read as follows: 0)Any person keeping or harboring any cat for 45 consecutive days shall be deemed to be the custodian thereof and subject to licensing provisions within the meaning of this title. SECTION 11: The title of Chapter 6.16 of the Diamond Bar Municipal Code is hereby amended to read as follows: CHAPTER 6.16. LICENSES FOR ANIMALS OTHER THAN DOGS AND CATS SECTION 12: Subsection (a) of Section 6.16.020 of Title 6, Chapter 6.16 of the Diamond Bar Municipal Code is hereby amended to read as follows: (a)No person shall keep any wild animal without first obtaining a license from the Director. SECTION 13: Subsection(b) of Section 6.16.020 of Title 6, Chapter 6.16 of the Diamond Bar Municipal Code is hereby amended to read as follows: (b)A wild animal license is not required for: (1) Canaries (2) Chinchillas (3) Finches (4) Gopher snakes (5) Guinea pigs (6) Hamsters (7) Mynah birds (8) Parrots,parakeets, amazons, cockateels, cockatoos, Tories, lorikeets, love birds, macaws, and similar birds of the psittacine family. (9) Pigeons (10) Ravens (11) Toucans (12) Turtles (13) White doves SECTION 14: Subsection (c) of Section 6.16.020 of Title 6, Chapter 6.16 of the Diamond Bar Municipal Code is hereby added to Title 6: (c) Every person desiring a wild animal license shall file an application with the Director upon a form provided by the Director, and at such time pay the required fees and penalty, if any. SECTION 15: Sections 6.16.030 through 6.16.230 of Title 6, Chapter 6.16 of the Diamond Bar Municipal Code are hereby repealed. SECTION 16: Repeal or amendment of any provision of the Diamond Bar Municipal Code herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before,this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 17: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction,the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 18: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Diamond Bar's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 19: This Ordinance will become effective on the thirty-first(31 st) day following its passage and adoption.