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081616 - Agenda - Regular Meeting
City of Diamond Bar City Council Agenda Tuesday, August 16, 2016 6:30 p.m. Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Nancy A. Lyons Jimmy Lin Mayor Mayor Pro Tem Carol Herrera Ruth M. Low Steve Tye Council Member Council Member Council Member City Manager James DeStefano • City Attorney David DeBerry • 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 requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.Cityof Diamond Bar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond ear uses recycled paper and encourages you to do the same. ll6110N1113� It L It DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City broadcast live on Time -Warner Cable Channel 3 invited to attend and participate. PUBLIC INPUT Council. Meetings are open to the public and are and Frontier ROS television Channel 47. You are 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, ROS 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, Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 CITY OF DIAMOND BAR CITY COUNCIL AGENDA August 16, 2016 CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 2016-30 Next Ordinance No. 05(2016) 6:30 p.m. Mayor Kenny Kirscher, Childrens Pastor Diamond Canyon Christian Church Council Members Herrera, Low, Tye, Mayor Pro Tem Lin, Mayor Lyons Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificate of Recognition to Girls Softball 8U, 12U and 14U Teams for participating in the Junior Olympic State Championship and for 12U and 14U earning a spot at the Junior Olympic National Championship. NEW BUSINESS OF THE MONTH: 1.2 Presentation of Certificate Plaque to Jimmy John's, 22438 Golden Springs Drive, Unit 110 as New Business of the Month, for August 2016. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 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 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 21810 Copley Dr., Diamond Bar, California, during normal business hours. AUGUST 16, 2016 PAGE 2 the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — August 23, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Parks and Recreation Commission Meeting — August 25, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Labor Day Holiday — September 5, 2016 — City Hall Offices will be Closed in Observance of Labor Day. Offices will re -open Tuesday, September 6, 2016 at 7:30 a.m. 5.4 City Council Meeting — September 6, 2016 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 Waive reading in full of all ordinances and resolutions and adopt the Consent Calendar. 6.2 City Council Minutes — Regular Meeting of August 2, 2016. Recommended Action: Approve. Requested by: City Clerk 6.3 Planning Commission Minutes — Regular Meeting of June 28, 2016. Recommended Action: Receive and File. Requested by: Community Development Department AUGUST 16, 2016 PAGE 3 6.4 Parks and Recreation Commission Minutes — Regular Meeting of June 23, 2016. Recommended Action: Receive and File Requested by: Parks and Recreation Department 6.5 Ratification of Check Register— Dated July 28, 2016 through August 10, 2016 totaling $1,368,995.02. Recommended Action: Ratify Requested by: Finance Department 6.6 Approval of Adjourning the August 16, 2016 City Council Meeting to September 20, 2016. Recommended Action: Approve. Requested by: City Manager 6.7 Adopt Resolution No. 2016 -XX: Approving Plans and Specifications and Establishing a Project Payment Account; Award the Construction Contract for Washington Street Cul -de -Sac at Lincoln Avenue Project to CT&T Concrete Paving, Inc. in the Amount of $101,450 and Authorize a Contingency Amount of $8,550 (8.4% of the Total Contract) for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $110,000. Recommended Action: Adopt, Award and Authorize Requested by: Public Works Department 6.8 Approval of a Consulting Services Agreement with Kimley Horn to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System (ATCS) in the Amount of $209,081, Plus a Contingency Amount of $30,000 for Project Change Orders to be Approved by the City Manager for a Total Authorization of $239,081. Recommended Action: Approve Requested by: Public Works Department AUGUST 16, 2016 PAGE 4 6.9 Adopt Resolution No. 2016 -XX: Authorizing and Approving the Sale of $600,000 of Proposition A Funds (Local Return Transit Funds) to the City of Rancho Palos Verdes. Recommended Action: Adopt Requested by: Public Works Department 6.10 Appropriate $85,286.54 from the Quimby Fund Reserves to the Fiscal Year 2016-2017 Capital Improvement Program Budget; Adopt Resolution No. 2016 -XX: Approving Plans and Specifications and Establishing a Payment Account; Reject the Lowest Bidder Principal Contracting, Inc.; and, Award the Construction Contract for the Stardust and Peterson Park Improvement Project to ACE CD Inc. in the Amount of $435,667.88 and Authorize a Contingency Amount of $43,566.79 (10% of the Total Contract) for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $479,234.67. Recommended Action: Appropriate, Adopt, Reject, Award and Authorize. Requested by: Public Works Department 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Adoption Resolution No. 2016 -XX: Amending the City's Conflict of Interest Code for Designated City Personnel and Rescinding Resolution No. 2014-37 in its Entirety. Recommended Action: Receive Staff's report; Open the Public Hearing; Receive Testimony; Close the Public Hearing and Adopt. Requested by: City Clerk 8. COUNCIL CONSIDERATION: 8.1 First Reading of Ordinance OX (2016): Revising the City's Purchasing System, Amending the Diamond Bar Municipal Code and Rescinding Ordinance No. 07(2014) in its Entirety. Recommended Action: Receive Staff's Report, Discuss and Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. OX (2016). Requested by: Finance Department AUGUST 16. 2016 PAGE 5 8.2 Approval of a Betterment Agreement with the Alameda Corridor -East Construction Authority and the City of Industry for Lemon Avenue Interchange Improvements to be Done in Conjunction with the Fairway Drive Grade Separation Project. Recommended Action: Approve. Requested by: Public Works Department 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda #6.1 6.1 Waive reading in full for all ordinances and resolutions and adopt the Consent Calendar. There is no report for this agenda item. Agenda No. 6.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 2, 2016 pnavv CALL TO ORDER: Mayor Lyons called the Regular City Council Meeting to order at 6:31 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Lyons INVOCATION: Cantor Paul Buch, Temple Beth Israel provided the invocation. ROLL CALL: Council Members Herrera, Low, Tye, Mayor Pro Tem Lin and Mayor Lyons. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Ken Desforges, IS Director; David Liu, Public Works Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Alfa Lopez, Sr. Management Analyst; Anthony Jordan, Parks Maintenance Superintendent; Anthony Santos, Asst. to the City Manager; Marsha Roa, Public Information Manager; Cecelia Arellano, Public Information Coordinator; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation on the State of the Utility by Bob Cruz, Southern California Gas Company. Bob Cruz stated that Southern California Gas has been serving southern California for more than 145 years and he has personally been with the company for 40 years. SCG is the largest utility in the United States and serves about 22 million customers through six million meters. There are currently 700 miles of gas transmission lines and about 100,000 miles of distribution mains and service lines. SCG provides 135 billion cubic feet (bcf) of gas storage capacity from EI Centro to the Mexico Border and up to Santa Barbara with service to Visalia excluding the cities of Vernon and Long Beach, both of which have their own natural gas systems. A critical element of providing reliable energy to customers is that SCG has the ability to store its natural gas. SCG currently operates four natural gas storage fields within its service territory including Aliso Canyon which is the largest storage field in California and 5th largest in the nation with a storage capacity of 86 billion cubic feet of natural gas. Honor Ranch located close to Magic Mountain services part of the LA Basin northern coastal area and Playa del Rey serves western LA and supports peak demand in the LA Basin when needed. AUGUST 2, 2016 PAGE 2 CITY COUNCIL As you are aware, SCG suffered a gas leak which was discovered on October 23, 2015. The Gas Company made several attempts to "kill" the well which failed. Upon advice from experts, drilling commenced on December 4 from a side angle to provide a relief well and a target well was intercepted on February 1. DOGGR, the oversight group that managed the operation for the State, confirmed that the well was permanently sealed on February 18, 2016. In the meantime, many residents were displaced and had to be relocated. Since January 2016 the field has been shut down and there has been no injecting or withdrawing based on SB 380. Currently, SCG is in the process of inspecting all 114 wells which have been through the first phase and are currently in the second round of testing to make sure the storage field can be put back online by the end of this summer. With temperatures and humidity being high there is increased demand on electricity. Sixty percent (60%) of electricity generated in California is dependent on natural gas. SCG continues to do its part toward mitigating outage risks and are working toward Aliso Canyon being operational by late summer. He asked residents to conserve energy because it will be critical to get through the summer and winter seasons. Toward this end, SCG has joined a coalition called "Conserve Energy SoCal Gas" which includes all utilities in California (Edison, PG&E, SC&E, SoCal Gas) to work with all residential customers and non-core commercial customers to make sure everyone conserves energy. SCG is asking all residents and businesses to stay engaged, acknowledge the growing complexity and the growing interdependence of natural gas and electricity. SCG is asking people to try not to run their appliances until after 6 pm; share efforts being taken to bring Aliso Canyon back online safely, expeditiously and in compliance with new regulations; help SCG educate the community -at -large; use the SCG Team as the City's resource (include information on the City's website; presentation to service clubs and community groups), and remember to conserve energy. MPT/Lin said he understands the consequences of the gas leak resulted in a couple of billion dollars in damages and asked how SCG planned to pay for that by raising rates. Mr. Cruz responded that it is mandatory that SCG looks to the CPUC for any rate increase. SCG cannot decide to raise prices. SCG is self- insured for some of the damage and some people have been returned to their homes. SCG will continue to work with LA County, the CPUC, DOGGR (oversight agency). SCG would have to put together a rate -case to present to the CPUC in order to raise prices. At this point, SCG is focused on getting the storage field online because it is critical to the energy reliability in the LA Basin. C/Low asked if as a result of the leak the gas company was experiencing a shortage of the natural resource. AUGUST 2, 2016 PAGE 3 CITY COUNCIL Mr. Cruz responded that the company is not experiencing a shortage but because gas cannot be injected into the storage field the resource will be reduced which is why SCG is using other storage fields, none of which have the storage capacity of Aliso. C/Tye said it was frustrating to him to see the parade of people who were taking photo opportunities and getting free press at the Gas Company's expense. He appreciates that when he goes to the stove and turns it on there is gas available like he appreciates having water come out of his tap. He believes everyone takes these conveniences for granted and appreciates that the gas company has responded to this situation quickly and hopefully efficiently solved. He believes the biggest concern was when did it begin leaking, when was the leak discovered and what has been done about it. He does not believe anyone could have worked harder on this issue than the professionals at the Gas Company and Diamond Bar appreciates what they do. Mr. Cruz thanked C/Tye and stated that he had an opportunity to work at the community resource center in Porter Ranch three or four times a week and it was very encouraging for him to see fellow employees step up and deal with the challenge. This is probably one of the most challenging events SCG has ever experienced and to see that service attitude rise to the occasion was very encouraging to him as a 40 -year employee seeing that occur with younger employees. M/Lyons thanked Mr. Cruz for coming to speak tonight. It was very eye- opening to her when she attended the presentation in Baldwin Park because she had not realized the connection between electricity and natural gas. In the past when Edison would say "give your appliances the afternoon off" she did not understand the full implications of the interconnection between electricity and natural gas. Thank you for making that point. In addition, she appreciates knowing how rate increases work because the news media reports that different water boards authorize rate increases based on conservation. What she has heard Mr. Cruz say that just because people conserve natural gas it does not mean that there is a price increase. What it means is that if there is going to be a rate increase SCG has to report their findings of support to the PUC and it will have to go through the process before a rate increase is authorized. She felt this was an important message to get out to the public. Mr. Cruz thanked the City Council and staff for allowing him to come before the Council and public tonight to present the information. He encouraged the City to post articles on the City's website to help educate the community at large which would be very helpful to SCG. 2.2 "Restaurant Week" October 8-14, 2016 - presentation by Alfa Lopez, Sr. Management Analyst. AUGUST 2, 2016 PAGE 4 CITY COUNCIL CM/DeStefano stated that during the Mayor's State of the City comments in March she discussed the importance of economic development. Consequently, during that presentation and in other forums, the opportunity to work with property owners and business operators to grow the local economy was discussed. As a result, the concept of a "restaurant week" grew out of those discussions and tonight, SMA/Lopez will provide the City Council with an overview of the upcoming October "Restaurant Week" in Diamond Bar. SMA/Lopez stated that Diamond Bar "Restaurant Week" is a joint venture between the City of Diamond Bar and the Regional Chamber of Commerce whose mission is to engage the community by highlighting the wide range of dining options the City has to offer and to increase patronage of Diamond Bar's local restaurants. Diamond Bar "Restaurant Week" is planned for the week of October 8 through 14 and during this week participating restaurants will offer special menu items for breakfast, lunch and dinner. No advance tickets or coupons are needed. Diners simply visit the participating restaurants and order the Diamond Bar Restaurant Week's special. The focus at this time is the restaurant recruitment and restaurants benefit by gaining new customers, boosting sales and increasing visibility through the City's marketing campaign. The event promotion will include a dedicated website, print advertising, email blast and social media posts. As of today, six restaurants have been recruited to participate and staff is working with each of the businesses to develop their special menus and collecting information that will be used to launch the dedicated website www.dbrestaurantweek.com The restaurant domain is not yet live but will be ready soon. When the website goes live it will feature menus, a webpage for each participating restaurant with a description, photos, contact information and a mapping feature. Staff plans to include some of the most recent "Dining out in Diamond Bar" videos. The City looks forward to continuing to work with the Chamber to ensure a successful Diamond Bar Restaurant Week. 2.3 General Plan Update Kickoff Joint Meeting of the City Council and Planning Commission — August 10, 2016 from 6:00 to 8:30 p.m., Windmill Community Room. CM/DeStefano stated that the upcoming joint public meeting of the City Council and Planning Commission is scheduled for August 10 from 6:00 p.m. to 8:30 p.m. in the Windmill Room at City Hall. This meeting will serve as a kickoff in this joint session of the two land -use bodies. The City Council, Planning Commission, Consultants and staff will be on hand to begin the meeting with an overview of the General Plan project. The General Plan is a high-priority for the Council with a substantial amount of money having been set aside for this three-year project. While this venture is called the General Plan Update, it will be a completely new document looking at a cover -to -cover review of the existing document, AUGUST 2, 2016 PAGE 5 CITY COUNCIL looking back at all of the 325 Goals, Objectives, Policies and Vision Statements contained and looking at the success of those efforts, what is yet to be accomplished and more important, looking forward to the next 20 years by starting a conversation initially between the Council and Commission regarding individual members and comments on visions, goals and priorities, etc. There are some issues that were relevant and topical and focused in 1995 not the least of which is traffic. Some of those issues remain today. Diamond Bar is still at the crossroads of two major freeways and is still bombarded on a daily basis with 360,000 trips of traffic at that intersection that is not being generated by Diamond Bar nor by minimal development in Diamond Bar over the past 20 years but instead, being generated by the millions of square feet of warehouse space, tens of thousands of homes that have been built in the Inland Empire, many of whom cut through the intersection of the two freeways that cut through this City. Traffic will continue to be an issue of high priority for Diamond Bar. A topic of discussion will be the significant role of the General Plan Advisory Committee. The City Council has not yet made appointments to the General Plan Advisory Committee and will be asked by staff to do so within the next few months at an open public meeting. The Council appointed citizen committee will be reviewing the material and advising the Planning Commission who will then advise the Council on a variety of issues related to the update of the General Plan. This is a three year effort which is just now beginning and will initially move forward with familiarity, review of existing conditions, outreach — invitations to the community to invite dialogue, and to listen, all of which will take the bulk of the balance of this calendar year and will stretch throughout every aspect of the community. For most of 2017 there will be the development of strategies and different options including alternatives, testing, key options and goals. Most of 2018 will involve the preparation of the details of the draft General Plan and an Environmental Impact Report that must go through significant public scrutiny including presentations, EIR scoping meetings, etc. Thereafter, there will be adoption hearings before the Planning Commission and eventually the City Council which are scheduled for the first quarter of 2019. 3. PUBLIC COMMENTS: Dennis Liu said he appreciated the opportunity to speak with the City Council again this evening to continue his comments about previous dog barking incidents. He presented an audio recording taken by him on November 6, 2015 of a conversation between him and Officer Dean with a dog barking in the background and Officer Dean telling him what could be done about the problem. Also included on the disc were two audio recordings proving that the day prior to Officer Dean's visit when the dogs continued barking for about 20 minutes. He stated that he had also filed declarations and a letter signed by four neighbors complaining about the barking dogs along with evidence that two police officers who visited the scene witnessed the dogs barking. With all of this evidence if the AUGUST 2, 2016 PAGE 6 CITY COUNCIL Humane Society still cannot determine that this is a nuisance as residents, he and his neighbors believe that the City needs to look for a new contractor to provide animal control. Pui-Ching Ho, Diamond Bar Library Librarian, announced that the Summer Reading program continues until August 13. Children, teens and adults can earn prizes for reading. There will also be a variety of special programs throughout the summer. On Wednesday, August 10 at 1:00 p.m. staff will show how to download library e -books, magazines, audios and music to electronic devices. There will be a creative dance workshop on Monday, August 22 at 4:00 p.m. for children ages 8 and 9 space is limited. The Library will host "How to be a Social Media Marketing Rock Star" workshop for adults on Wednesday, August 24 at 12:30 p.m. sponsored by the Diamond Bar Friends of the Library. Anthony Duarte, CEO, Regional Chamber of Commerce, San Gabriel Valley thanked the City of Diamond Bar for being a great partner to the Regional Chamber and for all of its support of the business community. This September will complete his first year with the Regional Chamber and his goal for the first year was to take a look at the services of the Regional Chamber, the events and membership. Many events have been streamlined and now there are six signature events including the Hero's Prayer Breakfast, Asian Business Seminar, Installation Gala, Legislative Luncheon, and a new event, Small Business Awards in October. Monthly events continue including the upcoming "Diamond Bar Restaurant Week". M/Lyons stated that the City appreciates the energy and enthusiasm Mr. Duarte has brought to the Chamber. 4. RESPONSE TO PUBLIC COMMENTS: None Offered 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — August 3, 2016 — 6:30 p.m. to 8:00 p.m. Cold Duck (70's and Top 40) DIAMOND BAR NIGHT OUT! Sycamore Canyon Park, 22930 Golden Springs Drive. Last Concert in the 2016 series) 5.2 Movies Under the Stars — The Good Dinosaur— August 3, 2016 — Immediately following the Concert, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.3 Planning Commission Meeting — August 9, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. (Cancelled) 5.4 General Plan Update Kickoff Joint Meeting of the City Council and Planning Commission — August 10, 2016 — 6:00 to 8:30 p.m., Windmill Room. AUGUST 2, 2016 PAGE 7 CITY COUNCIL R 5.5 Traffic and Transportation Commission Meeting — August 11, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.6 City Council Meeting — August 16, 2016 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. CONSENT CALENDAR: MPT/Lin moved, C/Low seconded, to approve Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVED CITY COUNCIL MINUTES: 6.2.1 Study Session of July 19, 2016 —As submitted. 6.2.2 Regular Meeting of July 19, 2016 — A -submitted. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Regular Meeting of June 9, 2016. 6.4 RATIFIED CHECK REGISTER — Dated July 14, 2016 through July 27, 2016 totaling $1,497,926.11. 6.5 APPROVED TREASURER'S STATEMENT — Month of June 2016. 6.6 APPROVED CONTRACT WITH THE REGIONAL CHAMBER OF COMMERCE SAN GABRIEL VALLEY FOR FISCAL YEAR 2016-17 IN AN AMOUNT NOT -TO -EXCEED $12,000. 6.7 APPROVED AMENDMENT NO. 7 TO THE CONTRACT WITH BRIGHTVIEW LANDSCAPE SERVICES, INC. TO EXTEND THE TERM OF THE CONTRACT THROUGH JUNE 30, 2017 TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT NINE (9) CITY PARKS, THE GROUNDS OF THE DIAMOND BAR CENTER, THE FOOTBALL FIELD/SLOPE AT LORBEER MIDDLE SCHOOL, AND THE MESA TRAILIfRAILHEAD AT SYCAMORE CANYON PARK, FOR A TOTAL CONTRACT AMOUNT OF $408,116 INCLUDING $25,000 FOR AS - NEEDED WORK IN FISCAL YEAR 2016-17. 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: None. AUGUST 2, 2016 PAGE 8 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera stated that it is very important for residents to have safe neighborhoods and streets and commended the LA County Sheriff's Department for their excellent work of late, particularly, the City's Community Service Officer, Joe Marquez, Deputy VillaSenor and Deputy Moreno who had observed a suspicious vehicle and upon questioning the occupants found stolen items from recent burglaries in Diamond Bar and as a result the perpetrators had been placed under arrest. Thank you to the Sheriff's personnel for their keen observations and attention to details. If residents see someone or something suspicious in their neighborhoods it is important to call the Sheriff's Department because it takes everyone working together to make the neighborhoods safe. C/Low hoped that everyone was enjoying their summer. If residents do not have working air conditioning the City has cooling centers, particularly at the library. There are many events at the library and she plans to take advantage of "How to be a Rock Star on Social Media" and hoped to see residents involved. In addition to C/Herrera's comments, she urged everyone to do everything possible not to become a victim of Identity theft. It is very easy to have one's personal information stolen without their knowledge. She recently received an email from a friend who was pleading for money, that she was out of town and lost her money and would C/Low wire money. C/Low has seen that email in various forms over the years and recognized it to be a scam so if anyone receives such an email or hears about someone receiving this type of email please be a good neighbor and alert them to the fact that it is likely a scam. Not only do they come by email, they come by phone as well. C/Tye thanked Bob Cruz and the Gas Company for tonight's presentation. He believes it is important that the City get firsthand information whenever possible because he is not always sure that the media does a complete and fair job of reporting. He appreciates knowing what Aliso Canyon means to the Gas Company and to residents' comfort and convenience. He would like to have the information about the state of Aliso Canyon on the City's website to help residents understand what is going on. He hoped to see everyone at the Concert in the Park tomorrow night. It is difficult to believe it is the last in this year's series. Cold Duck is always a favorite and he looks forward to seeing everyone at the event. It was his privilege a couple of weeks ago to represent the City to meet and greet the deputy mayor from Chen Yang province who was in Diamond Bar to look into opportunities to do more business in the southland and San Gabriel Valley. The Los Angeles Chen Yang De Chamber of Commerce held the meeting and it was a privilege to talk with him and share ideas about how he could help us and how we could help him. Hopefully, that discussion will lead to more jobs in this area and more products sold and exported out of this area. AUGUST 2, 2016 PAGE 9 CITY COUNCIL MPT/Lin said that last Saturday he was privileged to represent the City and the Mayor at the Annual Performing Arts Challenge of Diamond Bar. It was amazing to see 26 young musicians ranging in ages from 8 to 25 performing on various types of instruments. He was able to give out certificates to every performer. He was very, very impressed. The City has recently had dog nuisance issues and yesterday he received a letter from Rick Wang who has also experienced a dog nuisance problem with his neighbor's dogs running around the neighborhood. He forwarded the letter and photos to ACM/McLean and has had some dialogue with him about this issue. The nuisance code is not very clear about what constitutes a "nuisance." Other cities in which he has lived have laws identifying what a nuisance is, whether it is 10 or 15 minutes of barking and there are ways you can file a nuisance report and the offenders are reprimanded. He felt it was time for the City to review its code to determine whether there is a more precise way to monitor and reprimand nuisance issues if the City Council feels this is an issue that needs to be addressed. C/Herrera agreed that the matter should be revisited and that it should come before the Council. She too has had residents complain to her about barking dogs in their neighborhoods and those residents are very frustrated that it seems that a great deal of time goes by without much being done to reprimand the owners or curtail the nuisance barking and she believes it is an issue the Council should visit. CM/DeStefano said that since this is not an agendized item staff can, at the direction of Council, work with the current case that brought this matter to the forefront. Staff is working with its partner agency, IVHS regarding this particular incident that is now before the City. There will occasionally be loose dogs out in the neighborhood and those are typically captured rather quickly by the dog's owners or by IVHS or whomever is in charge. Again, this is a rather rare occurrence in Diamond Bar. Staff, in the interest of furthering the discussion, can take a look at what other clients have experienced with IVHS with respect to their dog nuisance barking ordinances, etc., talk with IVHS with respect to what tools they might recommend that might be more effective in getting control of the property owners of the dogs to try to gain some change. Staff can bring that information to the Council in memorandum form and from that point the Council can decide whether to agendize the matter and decide whether to direct staff to move forward with some sort of ordinance change. M/Lyons said that sounded like the best direction and thanked CM/DeStefano. M/Lyons said that the City is very excited about Diamond Bar's first Restaurant Week. Many residents have asked for more restaurants and most may not know that Diamond Bar has close to 100 restaurants which is one of the reasons that Restaurant Week is planned. Residents will be able to become familiar with the restaurants and their locations. She offered congratulations to Diamond Bar's newest Eagle Scout, Patrick Roemer. Tomorrow night is the last Concert in the Park and Movie under the Stars for 2016 and she hoped to see everyone there. AUGUST 2, 2016 PAGE 10 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 7:22 pm to the Special General Plan Update Kickoff Joint Meeting with the Planning Commission on August 10, 2016 at 6:00 pm in the Windmill Room at City Hall. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 12016. NANCY LYONS, MAYOR MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION JUNE 28, 2016 Agenda No. 6.3 Chair/Mahlke called the meeting to order at 7:01 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Chair/Mahlke led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Raymond Wolfe, Vice Chairperson, and Jennifer Mahlke, Chairperson Absent: Commissioners Naila Barlas and Ken Mok Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Mayuko (May) Nakjima, Associate Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Cynthia Smith, Bellows Court, asked for help in understanding the CEQA determination of categorical exemption that is usually applied to all single family dwelling projects. RESPONSE TO PUBLIC COMMENTS: CDD/Gubman stated in response to the speaker that the CEQA Guidelines include a "categorical exemptions" section that includes new single family residences up to a certain number of residences (1-4), as well as for additions of "less than 10,000 square feet for non-residential, and for no specified square footage for residential" to existing structures (additions). VC/Wolfe stated that the exemption applies regardless of any other requirements that are stipulated in CEQA. It is very specific to single-family homes between 1 and 4 units in a project. Chair/Mahlke reopened public comments: Ms. Smith said that if one reads the CEQA law in context it names that exemption, but if one continues reading, it says that exemption may not be applicable to a JUNE 28, 2016 PAGE 2 PLANNING COMMISSION 3 9 residence that is located where the project would impact a sensitive environmental area. She wanted to know how the City's Planning Department comes to that determination. Chair/Mahlke closed the public comments: CDD/Gubman further stated -that all residential projects except for subdivisions such as Site D, Willow Heights or South Pointe West, where the land was already subdivided, the environmental determination was made at the time of the subdivision. If there is evidence of environmental constraint to the area, that overrides the exemption. So in the absence of any evidence to the contrary, the categorical exemption applies. APPROVAL OF AGENDA: As presented CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of June 14, 2016. Chair/Malke moved, VC/Wolfe seconded to approve the Minutes of the Regular Meeting of June 14, 2016, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS 7. PUBLIC HEARING(S): None None Farago, VC/Wolfe, Chair/Mahlke None Barlas, Mok 7.1 Development Review No. PL2015-453 — Under the authority of Diamond Bar Municipal Code Section 22.48 the applicant/property owner requested Development Review to construct a 691 square -foot, two-story addition to an existing two-story single family residence on a 17,380 square -foot (0.4 acre) lot. The subject property is zoned Low/Medium Density Residential (RLM) with an underlying General Plan land use designation of Low Density Residential (RL). JUNE 28, 2016 PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: PAGE 3 PLANNING COMMISSION 21725 Santaquin Drive Diamond Bar, CA 91765 Mike Miao 1966 Chestnut Creek Road Diamond Bar, CA 91765 AP/Nakajima presented staff's report and recommended Planning Commission approval of Development Review No. PL2015-453, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Chair/Mahlke opened the public hearing. Mike Miao said he was present to thank the Commission for their consideration. He said he designed the project and that he would respond to questions. Claudia Yeager, 21726 Santaquin (across the street from the project) said she had no complaints about the house. Her only concern was with parking. Currently there are several cars at the property and sometimes they park their cars in front of their house and neighbors are concerned about what will happen to their parking spots during construction. She was hoping that there would be no construction vehicles parked in front of their house for an extended period of time because there is a parking issue now. When her family comes to visit they are forced to park down the slope or up in front of the neighbor's house. When she left her house today there was no one parked in the subject property's driveway but instead, someone was parked in front of her house. Mr. Miao introduced himself to Mrs. Yeager and said that his son is temporarily living at the project site and after construction is permitted, his son will move away from the property. He thanked Mrs. Yeager for reminding him about the parking issue and said he would remind his son to not allow his friends to park across the street in front of the neighbors house. He said that he would follow the rules of construction and make sure they properly park during construction hours and that they should not interrupt the neighbors. After construction, he and his wife will live there and there should be no parking problem. Chair/Mahlke closed the public hearing. JUNE 28, 2016 PAGE 4 PLANNING COMMISSION M M VCNVolfe stated that there are specific hours during which construction can occur and there will be construction vehicles allowed to park on the public street. It sounds like the owner will do his best to limit the parking and he agreed that it was nice that there was an opportunity for interaction to occur. VC/Wolfe moved, Chair/Mahlke seconded, to approve Development Review No. PL2015-453, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, VC/Wolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Barlas, Mok Chair/Mahlke congratulated the applicant on his beautiful design. PLANNING COMMISSIONER COMM ENTS/I N FORMATIONAL ITEMS: None STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman wished the Commissioners a Happy 4th of July. Because there is no business for the July 12 agenda, the meeting will go dark and the next Planning Commission meeting will take place on July 26 with several items on the agenda including the massage ordinance. For the past year and one-half, the City has had a moratorium on new message establishment openings and this ordinance is being prepared in response to new legislation that went into effect at the beginning of 2015, which returned local authority for the regulation of massage establishments. Since 2009, the City had no discretion over the establishment of massage establishments; however, with the return of local authority with specified criteria, the City is able to impose regulations and permit requirements. Staff has been working for quite some time on an ordinance that would protect the community from potential harmful effects of illicit massage establishments. Staff will present the draft ordinance to the Commission on July 26 and ask the Commission to make its recommendation to the City Council that the ordinance be adopted. Also on July 26 there will be a Conditional Use Permit to legalize the relocation of a karate studio in the shopping center on Palomino Drive. Also on the agenda is a residential addition. JUNE 28, 2016 PAGE 5 PLANNING COMMISSION CDD/Gubman stated that last Tuesday, the City Council approved the $1 million Consulting Services Agreement with Dyett & Bahtia to prepare the General Plan Update. Staff expects the project to take about three years to complete and the process will begin very soon. This is the largest professional consulting services contract the City has ever approved. Council asked numerous questions to make sure staff fully vetted the proposed consultant and staff did its due diligence to ensure that the expenditure is appropriate for the scope of the undertaking. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. Chair/Mahlke reminded everyone about the continuing Concerts in the Park and Movies under the Stars events every Wednesday, a great community and family event. For the 4th of July Holiday, City offices are closed and another way that Diamond Bar takes care of its community is to provide an opportunity to hang out and be safe on the 4th of July at the Diamond Bar High School where all of the events are free and fun. ADJOURNMENT: With no further business before the Planning Commission, Chair/Mahlke adjourned the regular meeting at 7:29 p.m. to July 26, 2016. The foregoing minutes are hereby approved this 26th day of July, 2016. Attest: Respectfully Submitted, Greg Gubman Community Development Director Rayr V Wolfe, Vice Chairperson Agenda No. 6.4 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION DIAMOND BAR CITY HALL - THE WINDMILL ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 JUNE 23, 2016 CALL TO ORDER: Chair/Grundy called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765, PLEDGE OF ALLEGIANCE: Commissioner Herndon led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Lew Herndon, Kim Hsieh, Vice Chair Manisha Sulakhe and Chair Dave Grundy Absent: Commissioner Benny Liang was excused. Staff Present: Ryan McLean, Assistant City Manager; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Alison Meyers, Recreation Coordinator, Michael Luzzi, Recreation Specialist, and Robin Crawford, Administrative Assistant. A. PRESENTATION OF 2016 YOUTH SOCCER SPORTSMANSHIP AWARDS — Presented by Michael Luzzi, Recreation Specialist RECESS: Chair/Grundy recessed the meeting at 7:07 p.m. RECONVENE: Chair/Grundy reconvened the meeting at 7:11 p.m. CALENDAR OF EVENTS: As presented by RS/Murphey 1. CONSENT CALENDAR: 1.1 Approval of Minutes for the May 26, 2016 Regular Meeting. Upon motion by C/Herndon, seconded by VC/Sulakhe, the May 26, 2016 minutes were approved as presented with C/Hsieh abstaining. 1.2 Transmitted thank -you letters to Eagle Scout Dillan Morgan and the Mormon Church. JUNE 23, 2016 2. INFORMATIONAL ITEMS: PAGE2 P&R 2.1 Maintenance/Public Works Transition — ACM/McLean ACM/McLean stated that he was pleased to be present this evening as a part of the Commission and to be working with the maintenance staff. His roots are in Community Services. He began working at the parks in 1997. Under Bob Rose he was a full time Coordinator for a few years before moving on to the City Manager's office where he has been for about 11 years. He has worked with all of the staff over a long period of time and it is good to return to his Diamond Bar roots. He provided a brief overview of the transition that takes place beginning the first of July. The maintenance function will be centralized in the Public Works Department. Streets and hardscape maintenances in Public Works will join forces with parks maintenance. The CIP will be housed in the Public Works Department as well, which will include construction management/project management. The Parks and Recreation staff will be involved in the strategic planning and conceptual planning of projects related to parks and recreation including facilities, parks, trails projects, etc. While they are managed under the CIP arm of the Public Works Department, the recreation staff will remain involved to make sure the plans of the Parks Master Plan are carried out. For now, as the City proceeds through the transition, RS/Murphey will run the day-to-day operations and she will be in charge of scheduling staff. ACM/McLean, RS/Murphey and her staff will work together to get the City through the transition period to make sure that the City continues to offer high-quality programs to its residents. While the City has lost a great amount of institutional knowledge and great leadership in Mr. Rose ACM/McLean is confident that the people Mr. Rose has brought on through the years will continue that quality of leadership to the best of their abilities. RS/Murphey will run the recreation side and PMS/Jordan will remain the Commission's representative on the maintenance side, and the information will continue to flow to the Commission as it has in the past. In the meantime, the Director position will be re-evaluated as the 2016-17 Fiscal Year proceeds and once it has been determined about how the department will function, that information will be communicated to the Commission. Chair/Grundy welcomed ACM/McLean back to the Community Services Department and to the Commission meetings. C/Hsieh asked why the changes and ACM/McLean said this change had been contemplated over time. One of the industry standards for maintenance is that it is housed in a single department with most cities, which is usually the Public Works Department. As Diamond Bar has grown, it has gained more parks and facilities with two new parks coming JUNE 23, 2016 PAGE 3 P&R COMMISSION on line in the next two years. It makes sense to centralize, and -through studying the issue and after working through the matter with all Department Heads, the decision was made to transition, which happened to coincide with Mr. Rose's retirement. VC/Sulakhe felt the transition would work out well for the City and she welcomed ACM/McLean taking an interest in the parks and applauded RS/Murphey and PMS/Jordan for taking on their duties and managing more work than normal. C/Herndon echoed VC/Sulakhe's sentiments and asked if there was a conservation of funds by making this move. ACM/McLean said there were a series of reorganizations that happened. There were changes in the City Manager's office, Public Works and Recreation, and the net savings for this coming Fiscal Year amounted to about $80,000. Some of the savings depends on when and how positions are filled and re -filled and the timing will have an ultimate impact on the cost and net results. 2.2 Recreation Program Update — RS/Murphey C/Herndon said he did not believe the Commission had been given information about the cost to keep the Diamond Bar Center going including the amount of the bond payment. ACM/McLean said he believed the bond amounted to about $800,000 per year. With respect to cost of operation, he believed that the Center generated about 65 percent (of the cost) in revenue. He said he would bring back more exact numbers to the Commission at the next meeting or provide the information via email. C/Herndon asked how much time was left on the bond and ACM/McLean said he believed it was about 10 years. He said he would follow up with that information as well. 2.2.1 Trails Grants Update — RC/Meyers C/Hsieh asked if the Pantera trail offered a way to come back around or does it stop. RC/Meyers responded that there is a path connecting to the water tower and it loops around itself. C/Hsieh asked if there was any way it could come back down to the park and RC/Meyers reiterated that it circles up by the water towers. If one takes the long trail that heads up over the hill it comes down behind houses. If there was any future planning there is a slim possibility the trail would go all of the way to Diamond Ranch High School. The kids have already made a trail all of the way to the High School. C/Hsieh asked if there was any way to connect the trail to Silvertip Park and RC/Meyers said that it already meets that trail at the water tower. Silvertip needs a little bit of development JUNE 23, 2016 PAGE 4 P&R COAMSSION but one can take the trail all of the way into Silvertip Park now. VC/Sulakhe said that the Pantera Trail is for walking and not to get one back to the parking lot compared to the trail that starts at the Diamond Bar Center that extends to the parking lot. RC/Meyers explained that the steps that go down to the parking lot are along the street next to Pantera Park and people are parking there to take their dogs down to the dog park. The white line in the photo of the dog park is the parking lot and one can walk from the parking lot directly into the trail and loop all of the way back down into the dog park and out to the parking lot. C/Hsieh asked what needed to be done to loop the trail back into the park because there are a lot of people that walk at the park. RC/Meyers asked where it would loop back into the park because that is a very steep area going back down into the park and it is unlikely that it could be done. C/Hsieh asked who the City could consult with to determine a route back to the park and RC/Meyers said it might take signage to show people where they can walk on the sidewalk into the dog park to get to the trail. Signage is not currently on the radar at this time but she will put it on a list for future consideration. VC/Sulakhe said she liked the idea of posting signs for safety reasons. RC/Meyers said that that signage can be included as a part of the grant process. Chair/Grundy asked if the City was updating the Trails Map as new trails are completed and RC/Meyers responded not recently, but it too is something that will be on her vision list. C/Herndon said that RC/Meyers had done a great job procuring grant funds. He is thrilled with the trails the City has and is developing. He would like to see the City spend a little time trying to get grants for lights for ball fields, to help eliminate some of the congestion in the field system. He understands that for about $250,000 one of the fields could be lighted to assist youth. ACM/McLean said he would make a note of C/Herndon's concerns and determine whether it was feasible to attempt to obtain a grant for field lighting. 2.3 ParksReport — PMS/Jordan C/Hsieh asked which parks are highly used overall and PMS/Jordan responded Sycamore Canyon Park, Peterson Park and Pantera Park, Maple Hill Park and Heritage Park. In fact, all of the City parks are very well used. JUNE 23, 2016 PAGE 5 P&R COMMISSION C/Herndon believed that if the City were to acquire the Pony League fields it would be the City's most -used park. He asked to be signed up for the Washington Street Park walkthrough in October. PMS/Jordan said he would ask AC/Gonzales to coordinate the walkthrough with C/Herndon. 2.3.1 Power Point Presentation on District 39 Mini -Parks — PMS/Jordan. 2.4 CIP Projects — ACM/McLean reported that the CIP list was presented to the City Council at their June 7 meeting as the Parks and Recreation related projects included in the adopted CIP for Fiscal Year 2016-17. Staff attempts to provide a description, photos of the site and estimated project timeline as well as, funding sources for each. of the projects listed. With the transition the City is currently undergoing, some of the timeline will probably be amended to allow the Public Works Director and Maintenance staff to get together and work on prioritization and timelines for the coming year. He noted that the Stardust Mini -Park project will be Priority #1 which is moving up the ladder because RC/Meyers was successful in securing a grant for this project. Those funds ($300,000 in grant funds) have a use -or -lose expiration date of December 2016. This project will include ADA and renovations include new play equipment, surfacing, landscape drainage corrections. Longview South will be bundled with Stardust as well as, the Peterson Park play equipment replacement. These projects have completed plans and specs and the bid packets are being put together and will go out shortly. Public Works SCENoung will be the lead on this project. He foresees all three projects being worked on at the same time and it is likely those three projects will be completed in the December time frame. A. Design of Heritage Park and Community Center Improvements B. Construction of Steep Canyon Trail Connector to Canyon Loop Trail - (funded by grant funds) C. Construct Swing Set at Longview Park North D. Design of Trail Improvements at Pantera Park and Steep Canyon Trail Improvements— (funded with grant funds) E. Construct Improvements at Stardust Park — (grant funded) F. Construct Longview Park South Improvements — (bundled with Stardust) G. Construct Pantera Park Trail H. Design and Construction of Peterson Park Play Equipment and Play Surface - (bundled) I. ADA Improvements at Sycamore Canyon Bridge/Walkway JUNE 23, 2016 PAGE 6 P&R COMMISSION J. Design of Canyon Loop Trail K. Diamond Bar Center Roof Restoration (sections to be replaced with 20 -year material to extend the life of the building) L. Diamond Bar Center Lighting Remodel — (Lighting improvements in all restrooms in August during the summer maintenance week) ACM/McLean stated that construction of the Willow Heights project's Diamond Canyon Park continues. The City recently received the bridge permit from the County Flood Control District which will move the project forward. Grading has begun on Larkstone Park (Lennar Homes) near the South Point Middle School and the park will likely be built as the homes are constructed in early 2017. Chair/Grundy questioned the amount of time (September to June) for the Heritage Park design. ACM/McLean said that the estimates are lengthy in order to see how the department will prioritize the projects. Staff wants to get the three significant projects done first. He believes the department will be very busy managing three different intense projects (Stardust, Longview South and Peterson). The timeframes will likely be revised after the transition is completed and the Public Works Director and the Maintenance staff have an opportunity to get together to determine when they will move forward. The September -June time frame is a window of time to complete the design and once the project commences it will be a much quicker project working with the architect. C/Hsieh asked why the lighting at the Diamond Bar Center focuses on the restrooms and not on the outside. ACM/McLean said staff received concerns that it was too dark in the restrooms. There were certain sections where the lighting did not provide adequate coverage and it was determined that improvements should be made by lighting a couple of light fixtures to improve the lighting. VC/Sulakhe said that she had mentioned there was no light on the outside of the kitchen area and if it could be added to the project it would be appreciated. She was concerned about safety because people tend to come into the kitchen from the parking lot at the back side where there are no lights. ACM/McLean noted the concerns. PMS/Jordan said that VC/Sulakhe's concern is one of the items on the list of Commissioner Requests, and is one of the items staff will look at right after the start of the fiscal year. Staff installed some lights outside the kitchen on the back side, but it is more closely related to the trash area directly outside of the kitchen toward the JUNE 23, 2016 PAGE 7 P&R COMMISSION patio area where the generators are located. Staff will be looking at possibly installing additional lights in that area with the start of the new fiscal year which will be separate to this project. C/Hsieh asked if the restrooms could be upgraded to be a bit more elegant because there are so many special events at the Center. RS/Murphey agreed that the restrooms are not as fancy as some other wedding venues. She and Bob have talked about this in the past but she knows that a bathroom remodel can reach upwards of a $100,000 or more. C/Hsieh felt it could be a good investment because the word would spread and there would be more business for the Center. List of pending Commission requests —ACM/McLean C/Herndon reiterated his concern about additional fencing between Brea Canyon Road and the play area at Diamond Canyon Park. He attended the public input meetings about the park and there was a lot of concern about the play area being close to one of the busiest streets in. the City. He was under the impression that there would be some kind of fence that would prevent kids from going directly from the playground into the roadway. He believes that CSD/Rose contacted Lennar about the matter but does not know the outcome. PMS/Jordan said that in speaking with Bob Rose he learned that Mr. Rose had posed that situation during a meeting with Lennar and believed that Lennar plans to install a tubular steel fence in the area of concern. He will follow up to verify and get a sense of the timeline, which would have to be prior to opening of the park. Chair/Grundy said he would like to keep track of the effort to procure the Pony League fields. ACM/McLean said that the City continues to work with its consultant who has done polling work in the City. The City Council has yet to make a decision as to what procedure will go forward. The initial polling feedback is not supportive of a 2016 measure. There are other options that might be under Council consideration but as yet, no decision has been made. 3. OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Hsieh said that as always staff does an outstanding job and she is proud to be part of this Commission. She announced that she would be out of town for the July meeting. JUNE 23, 2016 PAGE 8 P&R COMMISSION C/Herndon thanked ACM/McLean and staff for their reports and RC/Meyers for her success with grant writing. VC/Sulakhe agreed that RC/Meyers works hard and does an excellent job writing grants for trails which are excellent additions to this community. RC/Meyers does a great job at the Diamond Bar Center as well. She welcomed ACM/McLean to the Commission. She thanked RS/Murphey and PMS/Jordan for their work. Chair/Grundy welcomed ACM/McLean and thanked staff for their fine work, excellent reports and RC/Meyers' grant acquisitions. He said he was looking forward to the 4th of July Blast and hoped to see everyone there. ADJOURNMENT: With no one objecting and no further business before the Parks and Recreation Commission, Chair/Grundy adjourned the meeting at 8:25 p.m. The foregoing minutes are hereby approved this 288 day of JULY 2016. Respectfully RYAN KCI EAN,,SE—GRETARY Agenda 4 6 r Meeting Date: August 16, 2016 CITY COUNCIL \' AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City M'r� TITLE: Ratification of Check Register ated July 28, 2016 through August 10, 2016 totaling $ 1,368,995.02 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 1,368,995.02 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 July 28, 2016 through August 10, 2016 for $ 1,368,995.02 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. Luisa Allen Accounting Technician REVIEWED BT: 4SL 9, I Attachments: Affidavit and Check Register — 07/28/16 through 08/10/16. The attached listings of demands, iOVOiCeS. and O]@iDlS in the fD[Rl of check [8giSf8[ including checks dated July 28'2016 through August 10.2016 has been audited and iS certified 8Saccurate. Payments have been allowed from the following funds iOthese Description Amount General Fund $1,197,661.24 OPEBReserve Fund $750.00 PnopA-Tnansit Fund $97.278.39 PnopC-TroneitToxFund $342.10 |nterQratadWaste Management Fund $16.885.10 Comm OevBlock Grant Fund $6.038.79 CA Law EnfEquipment Finnd $1.414.00 LLAD38Fund s10.387.67 LLAD3QFund $10.943.81 LLAO41Fund $4.972.95 Used Motor Oil B|k8rt $450.00 Capital Imp Projects Fund $20.432.96 Vehicle Maint/Rep| Fund $1.438.01 INEZ Dianna Honeywell Finance Director SUNGARD PENTAMATION INC DATE: 08/10/2016 CITY OF DIAMOND BAR TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160728 00:00:00.000' and '20160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 001 - GENERAL FUND AMOUNT RECREATION REFUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 117291 07/28/16 ABDUKHAD KHADEEJA ABDULLAH 001 10100 117292 07/28/16 ACCESSCO ACCESS CONTROL SECURITY 0015333 10100 117293 07/28/16 AFLAC AFLAC 001 10100 117294 07/28/16 AAA ALL AMERICAN ASPHALT 250 10100 117294 07/28/16 AAA ALL AMERICAN ASPHALT 2505510 TOTAL CHECK 81.00 FACILITY REFUND -DBC 0.00 100.00 10100 117295 07/28/16 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 10100 117295 07/28/16 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 TOTAL CHECK 0.00 10,200.00 ADULT EXCURSION 0.00 10100 117296 07/28/16 ALLGREEN ALL GREEN ELECTRONICS RE 1155515 10100 117297 07/28/16 DRIVERAL ALLIANT INSURANCE SERVIC 001 10100 117298 07/28/16 BORREROM MERLE F BORRERO 001 10100 117298 07/28/16 BORREROM MERLE F BORRERO 001 10100 117298 07/28/16 BORREROM MERLE F BORRERO 001 TOTAL CHECK PROF.SVCS-PL 13-104 0.00 987.00 PROF.SVCS-PL 16-77 10100 117299 07/28/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015350 10100 117300 07/28/16 CABATYRA TYRA CABALLERO 001 10100 117301 07/28/16 CAPIO CAPIO 0014095 10100 117302 07/28/16 GOVPARTN CARTEGRAPH SYSTEMS, INC 0014070 10100 117303 07/28/16 CERTITRA CERTIFIED TRANSPORTATION 1125350 10100 117304 07/28/16 CHICAGOT CHICAGO TITLE 1255215 10100 117304 07/28/16 CHICAGOT CHICAGO TITLE 1255215 TOTAL CHECK 10100 117305 07/28/16 COLLEYAL ALBERT DEAN COLLEY 0015350 10100 117306 07/28/16 COMMBANK COMMUNITY BANK 250 10100 117307 07/28/16 CORTEZRI RICHARD CORTEZ 001 10100 117308 07/28/16 DAPEERRO DAPEER ROSENBLIT & LITVA 0014020 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015551 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PAGE NUMBER: 1 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT RECREATION REFUND 0.00 284.00 SECURITY GUARD SVCS 0.00 574.60 JUL 16-SUPP INS PREM 0.00 1,766.80 RETENTIONS PAYABLE 0.00 -180.00 GRAND BEAUTIFICATION 0.00 3,600.00 0.00 3,420.00 CROSSING GUARD SVCS 0.00 4,126.85 CROSSING GUARD SVCS 0.00 7,884.41 0.00 12,011.26 E -WASTE RECYCLING SVC 0.00 450.00 SPCL EVENT INS-APR-JU 0.00 11,314.00 FACILITY REFUND -DBC 0.00 390.00 FACILITY REFUND -DBC 0.00 81.00 FACILITY REFUND -DBC 0.00 100.00 0.00 571.00 CLEANUP -4TH OF JULY 0.00 731.25 RECREATION REFUND 0.00 84.00 ANNI, MEMBERSHIP DUES 0.00 225.00 REQUEST PARTNER SVCS 0.00 10,200.00 ADULT EXCURSION 0.00 682.50 HIP PROG-21305 TAMBO 0.00 18.00 HIP PROG-151 PRSPCTRS 0.00 31.00 0.00 49.00 BAND -CONCERTS IN PARK 0.00 1,900.00 RETENTIONS PAYABLE 0.00 180.00. FACILITY REFUND -DBC 0.00 1,100.00 LEGAL SVCS -JUN 2016 0.00 7,844.80 PROF.SVCS-GRAND/G/S 0.00 1,595.55 PROF.SVCS-PL 15-528 0.00 1,700.00 PROF.SVCS-PL 13-465 0.00 930.00 PROF.SVCS-PL 13-104 0.00 987.00 PROF.SVCS-PL 16-77 0.00 640.00 PROF.SVCS-PL 15-48 0.00 720.00 PROF.SVCS-PL 13-229 0.00 480.00 SUNGARD PENTAMATION INC DATE: 08/10/2016 CITY OF DIAMOND BAR TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160728 00:00:00.000' and '20160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 117309 07/28/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 TOTAL CHECK 10100 10100 10100 10100 10100 117310 117311 117312 117313 117314 10100 117315 10100 117315 10100 117315 10100 117315 10100 117315 TOTAL CHECK 10100 117316 10100 117317 10100 117318 10100 117318 07/28/16 DAYNITEC DAY & NITE COPY CENTER 07/28/16 DESTEFAN JAMES DESTEFANO 07/28/16 DELTACAR DELTA CARE PMI 07/28/16 DELTADEN DELTA DENTAL 07/28/16 DENNISCA CAROL A DENNIS 07/28/16 DIANACHO DIANA CHO & ASSOCIATES 07/28/16 DIANACHO DIANA CHO & ASSOCIATES 07/28/16 DIANACHO DIANA CHO & ASSOCIATES 07/28/16 DIANACHO DIANA CHO & ASSOCIATES 07/28/16 DIANACHO DIANA CHO & ASSOCIATES -----DESCRIPTION------ SALES TAX PROF.SVCS-PL 14-579 ADMIN FEE -PL 15-528 PROF.SVCS-PL 14-699 ADMIN FEE -PL 13-465 ADMIN FEE -PL 13-104 PROF.SVCS-PL 12-164 ADMIN FEE -PL 15-528 ADMIN FEE -PL 13-229 ADMIN FEE -PL 14-579 ADMIN FEE -PL 14-699 ADMIN FEE -PL 16-77 ADMIN FEE -PL 15-48 ADMIN FEE -PL 13-229 PROF.SVCS-PL 13-229 ADMIN FEE -PL 12-164 PROF.SVCS-PL 15-528 ADMIN FEE -PL 15-528 ADMIN FEE -PL 15-528 ADMIN FEE -PL 13-104 ADMIN FEE -PL 13-465 ADMIN FEE -PL 15-48 ADMIN FEE -PL 16-77 ADMIN FEE -PL 14-699 ADMIN FEE -PL 14-579 ADMIN FEE -PL 13-229 ADMIN FEE -PL 12-164 ADMIN FEE -PL 13-229 0015510 PRINT SVCS-PLANS/SPEC 0014030 REIMB-CONF MAR 16 001 AUG 16 -HMO DENTAL PRE 001 AUG 16 -DENTAL PREMIUM 0015210 PROF.SVCS-PLNG COMM 2505310 CDBG ADMIN SVCS-S/PRG 2505310 CDBG ADMIN SVCS-S/PRG 2505310 CDBG ADMIN SVCS-S/PRG 2505310 CDBG ADMIN SVCS-M/PKS 2505310 CDBG ADMIN SVCS-M/PKS 07/28/16 DIVEPRIN DIVERSIFIED PRINTERS 0014095 07/28/16 EXCELLAN EXCEL LANDSCAPE INC 1385538 07/28/16 EXPRESSM EXPRESS MAIL CORPORATE A 001 07/28/16 EXPRESSM EXPRESS MAIL CORPORATE A 001 PRINT SVCS-DBCONN IRRIGATION REPAIRS -38 EXPRESS MAIL -PL 16-49 EXPRESS MAIL-PL15-453 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE NUMBER: 2 ACCTPA21 AMOUNT 587.00 594.00 600.00 167.40 177.66 290.00 306.00 86.40 105.66 108.00 115.20 129.60 9.18 51.00 52.20 3,300.00 -594.00 -306.00 -177.66 -167.40 -129.60 -115.20 -108.00 -105.66 -86.40 -52.20 -9.18 11,880.55 0.00 303.89 0.00 53.21 0.00 220.96 0.00 4,327.78 0.00 50.00 0.00 41.00 0.00 328.00 0.00 369.00 0.00 369.00 0.00 1,886.00 0.00 2,993.00 0.00 3,859.00 0.00 459.54 0.00 41.32 0.00 41.32 SUNGARD PENTAMATION INC DATE: 08/10/2016 CITY OF DIAMOND BAR TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160728 00:00:00.000' and '20160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 001 - GENERAL FUND AMOUNT EXPRESS MAIL-C/ENFOR CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 117318 07/28/16 EXPRESSM EXPRESS MAIL CORPORATE A 0014090 TOTAL CHECK 33.76 E/MAIL-PL 2013-221 0.00 33.76 10100 117319 07/28/16 FARAGOFR FRANK A FARAGO 0015210 10100 117320 07/28/16 FEDEX FEDEX 0015210 10100 117320 07/28/16 FEDEX FEDEX 001 10100 117320 07/28/16 FEDEX FEDEX 001 TOTAL CHECK 0.00 2,912.00 RECREATION REFUND 0.00 10100 117321 07/28/16 FEHRPEER FEHR & PEERS 0015551- 10100 117321 07/28/16 FEHRPEER FEHR & PEERS 0015551 10100 117321 07/28/16 FEHRPEER FEHR & PEERS 0015551 TOTAL CHECK SIGNS -TRAFFIC 0.00 2,114.60 RECREATION REFUND 10100 117322 07/28/16 FRANCHIS FRANCHISE TAX BOARD 001 10100 117323 07/28/16 GLAUELIN LINDA GLAUE 0014095 10100 117324 07/28/16 GOODYEAR GOOD YEAR AUTO SERVICE C 5205556 10100 117325 07/28/16 GRAFFITI GRAFFITI CONTROL SYSTEMS 0015230 10100 117326 07/28/16 HANGERAL GERALDINE HAN 001 10100 117327 07/28/16 HOSHIZAK RUSSELL HOSHIZAKI 001 10100 117328 07/28/16 IMPACTSI IMPACT SIGNS 0015556 10100 117329 07/28/16 INSPERIT INSPERITY 001 10100 117330 07/28/16 ITERIS ITERIS INC 0015554 10100 117330 07/28/16 ITERIS ITERIS INC 0015554 TOTAL CHECK 10100 117331 07/28/16 JCLTRAFF JCL TRAFFIC SERVICES 0015554 10100 117332 07/28/16 JINNSCOT SCOTT JINN 001 10100 117333 07/28/16 LANDSEND LANDS' END BUSINESS OUTF 0015230 10100 117334 07/28_/16 LAZARREE EILEEN LAZARRE 001 10100 117335 07/28/16 LIEBERTC LIEBERT CASSIDY WHITMORE 0014020 10100 117336 07/28/16 LINSHUHU SHU HUNG LIN 001 10100 117337 07/28/16 LACMTA LOS ANGELES COUNTY MTA 1125553 10100 117337 07/28/16 LACMTA LOS ANGELES COUNTY MTA 1125553 TOTAL CHECK 10100 117338 07/28/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 PAGE NUMBER: 3 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT EXPRESS MAIL-C/ENFOR 0.00 61.98 0.00 144.62 PLNG COMM -JUN 16 0.00 130.00 EXPRESS MAIL -GENERAL 0.00 33.76 E/MAIL-PL 2012-144 0.00 33.76 E/MAIL-PL 2013-221 0.00 33.76 0.00 101.28 ENG SVCS -APR 2016 0.00 1,317.84 ENG SVCS -APR 2016 0.00 2,211.30 ENG SVCS -APR 2016 0.00 387.89 0.00 3,917.03 WITHHOLDING ORDER 0.00 116.31 SUPPLIES -BRANDING IRN 0.00 80.00 VEH MAINT-REC 0.00 99.99 GRAFFITI SVCS -JUN 16 0.00 2,912.00 RECREATION REFUND 0.00 160.00 FACILITY REFUND -DBC 0.00 600.00 WILDLIFE SIGNS 0.00 560.81 FACILITY REFUND-S/CYN 0.00 207.00 ENG SVCS -MAY 2016 0.00 41.41 ENG SVCS -MAY 2016 0.00 548.69 0.00 590.10 SIGNS -TRAFFIC 0.00 2,114.60 RECREATION REFUND 0.00 142.00 SUPPLIES -CODE ENFOR 0.00 440.25 FACILITY REFUND -DBC 0.00 500.00 LEGAL SVCS-H/R 0.00 654.00 FACILITY REFUND-S/CYN 0.00 70.00 CITY SUBSIDY -JUN 16 0.00 395.00 MTA PASSES -JUN 16 0.00 1,517.00 0.00 1,912.00 STAR PROG-JUN 16 0.00 8,173.28 SUNGARD PENTAMATION INC DATE: 08/10/2016 CITY OF DIAMOND BAR TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160728 00:00:00.000' and '20160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 001 - GENERAL FUND AMOUNT CONTRACT SVCS -JUN 16 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 117338 07/28/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 10100 117338 07/28/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 10100 117338 07/28/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 10100 117338 07/28/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 10100 117338 07/28/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 TOTAL CHECK 100.00 FACILITY RENTAL -JUN 0.00 800.00 10100 117339 07/28/16 MACIASMI MICHAEL MACIAS 001 10100 117340 07/28/16 MAHLKEJE JENNIFER LYNN MAHLKE 0015210 10100 117341 07/28/16 MANAGEDH MANAGED HEALTH NETWORK 001 10100 117342 07/28/16 METROLIN METROLINK 1125553 10100 117342 07/28/16 METROLIN METROLINK 1125553 TOTAL CHECK 0.00 58.15 FUEL -JUNE 2016 0.00 10100 117343 07/28/16 MEYERSCH CHRISTY MEYERS 001 10100 117344 07/28/16 MTCALVAR MT CALVARY LUTHERAN CHUR 0015350 10100 117345 07/28/16 OAKTREE OAK TREE LANES INC 0015350 10100 117346 07/28/16 ORTEGALE LETICIA ORTEGA 001 10100 117347 07/28/16 PARRAJAN JANETTE PARRA 001 10100 117348 07/28/16 REVENUEC REVENUE & COST SPECIALIS 0014050 10100 117349 07/28/16 RKACONSU RKA CONSULTING GROUP 0015551 10100 117349 07/28/16 RKACONSU RKA CONSULTING GROUP 0015551 10100 117349 07/28/16 RKACONSU RKA CONSULTING GROUP 0015220 10100 117349 07/28/16 RKACONSU RKA CONSULTING GROUP 0015220 TOTAL CHECK 10100 117350 07/28/16 ROSSCREA ROSS CREATIONS 0015350 10100 117351 07/28/16 SCFUELS SC FUELS 5205230 10100 117351 07/28/16 SCFUELS SC FUELS 5205554 10100 117351 07/28/16 SCFUELS SC FUELS 5204093 10100 117351 07/28/16 SCFUELS SC FUELS 5205556 TOTAL CHECK 10100 117352 07/28/16 SCANNATO SCAN NATOA 0014095 10100 117353 07/28/16 SEBLEMUL SEBLE'S MARKET AND RESTA 0015350 10100 117354 07/28/16 SIEMENS SIEMENS INDUSTRY INC 0015554 10100 117354 07/28/16 SIEMENS SIEMENS INDUSTRY INC 0015554 10100 117354 07/28/16 SIEMENS SIEMENS INDUSTRY INC 0015554 10100 117354 07/28/16 SIEMENS SIEMENS INDUSTRY INC 0015554 TOTAL CHECK PAGE NUMBER: 4 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT CONTRACT SVCS -JUN 16 0.00 466,228.86 HELICOPTER SVCS -MAY 0.00 35.38 HELICOPTER SVCS -FEB 0.00 44.23 HELICOPTER SVCS -APR 0.00 150.38 CALVARY CHAPEL -JUN 16 0.00 7,834.30 0.00 482,466.43 RECREATION REFUND 0.00 93.00 PING COMM -JUN 16 0.00 130.00 AUG 16 -EAP PREMIUMS 0.00 132.00 CITY SUBSIDY-JUL 16 0.00 13,702.40 METROLINK PASSES-JUL 0.00 54,809.60 0.00 68,512.00 FACILITY REFUND-PNTRA 0.00 100.00 FACILITY RENTAL -JUN 0.00 800.00 EXCURSION -DAY CAMP 0.00 600.00 FACILITY REFUND-HRTGE 0.00 200.00 RECREATION REFUND 0.00 60.00 PROF.SVCS-FEE STUDY 0.00 6,500.00 CONSULTANT SVCS -MAY 0.00 1,761.25 CONSULTANT SVCS -JUN 0.00 1,805.00 BLDG & SFTY SVCS -MAY 0.00 35,977.88 BLDG & SFTY SVCS -JUN 0.00 44,595.43 0.00 84,139.56 SOUND SYS -CONCERTS 0.00 750.00 FUEL -JUNE 2016 0.00 58.15 FUEL -JUNE 2016 0.00 132.81 FUEL -JUNE 2016 0.00 177.75 FUEL -JUNE 2016 0.00 558.20 0.00 926.91 MEMBERSHIP DUES -ROA 0.00 80.00 SR PROG-LUAU DINNER 0.00 2,148.39 TRAFFIC SIGNAL MAINT 0.00 3,245.08 TRAFFIC SIGNAL MAINT 0.00 4,160.00 TRAFFIC SIGNAL MAINT 0.00 7,381.65 TRAFFIC SIGNAL MAINT 0.00 8,847.20 0.00 23,633.93 SUNGARD PENTAMATION INC PAGE NUMBER: 5 DATE: 08/10/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160728 00:00:00.000' and 120160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX ig_ u elil`YY 10100 117355 07/28/16 SIMPSONA SIMPSON ADVERTISING INC 0014095 DBCONN-AUG 2016 0.00 5,050.00 10100 117355 07/28/16 SIMPSONA SIMPSON ADVERTISING INC 0014093 DISPLAY -CITY HALL LBY 0.00 3,967.25 TOTAL CHECK 0.00 9,017.25 10100 117356 07/28/16 SINGHSON SONIA SINGH 001 RECREATION REFUND 0.00 47.00 10100 117357 07/28/16 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS -DIST 41 0.00 48.88 10100 117357 07/28/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS -DIST 38 0.00 73.71 10100 117357 07/28/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS -DIST 38 0.00 75.53 10100 117357 07/28/16 SCE SOUTHERN CALIFORNIA EDIS 0015340 ELECT SVCS-T/CONTROL 0.00 26.84 10100 117357 07/28/16 SCE SOUTHERN CALIFORNIA EDIS 0014093 ELECT SVCS -CITY HALL 0.00 18,487.37 10100 117357 07/28/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 184.74 10100 117357 07/28/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 425.95 TOTAL CHECK 0.00 19,323.02 10100 117358 07/28/16 SPORTSUP SPORT SUPPLY GROUP INC 0015340 SUPPLIES-REC 0.00 268.11 10100 117359 07/28/16 STANDARD STANDARD INSURANCE COMPA 001 AUG 16-SUPP LIFE INS 0.00 471.00 10100 117359 07/28/16 STANDARD STANDARD INSURANCE COMPA 001 AUG 16 -LIFE INS PREM 0.00 903.93 10100 117359 07/28/16 STANDARD STANDARD INSURANCE COMPA 001 AUG 16-STD/LTD 0.00 2,074.67 TOTAL, CHECK 0.00 3,449.60 10100 117360 07/28/16 TADROSRA RAFIK TADROS 001 FACILITY REFUND -DBC 0.00 500.00 10100 117360 07/28/16 TADROSRA RAFIK TADROS 001 FACILITY CHRS-DBC 0.00 -17.00 TOTAL CHECK 0.00 483.00 10100 117361 07/28/16 TERRYBER TERRYBERRY 0014060 SERVICE PSN-H/R 0.00 238.02 10100 117362 07/28/16 SCGAS THE GAS COMPANY 0015333 GAS SVCS -DBC 0.00 191.83 10100 117362 07/28/16 SCGAS THE GAS COMPANY 0014093 GAS SVCS -CITY HALL 0.00 627.69 10100 117362 07/28/16 SCGAS THE GAS COMPANY 0015556 GAS SVCS -HERITAGE 0.00 37.42 TOTAL CHECK 0.00 856.94 10100 117363 07/28/16 TAITDAVI THE TAIT GROUP INC 0015551 STATE FREIGHT PLN -JUN 0.00 3,662.92 10100 117364 07/28/16 THOMSONW THOMSON WEST 0014030 CA CODE UPDATES 0.00 569.07 10100 117365 07/28/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 7/29/16 -LOAN DEDUCT 0.00 3,201.76 10100 117365 07/28/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 7/26/16-P/R DEDUCT 0.00 5,556.14 TOTAL CHECK 0.00 8,757.90 10100 117366 07/28/16 VIRGENGL GLORIA VIRGEN 001 RECREATION REFUND 0.00 25.00 10100 117367 07/28/16 WVWATER WALNUT VALLEY WATER DIST 0014093 WATER SVCS -CITY HALL 0.00 541.12 10100 117367 07/28/16 WVWATER WALNUT VALLEY WATER DIST 0015333 WATER SVCS -DBC 0.00 280.84 10100 117367 07/28/16 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS -DIST 38 0.00 962.78 10100 117367 07/28/16 WVWATER WALNUT VALLEY WATER DIST 0015340 WATER SVCS -PARKS 0.00 21,606.56 10100 117367 07/28/16 WVWATER WALNUT VALLEY WATER DIST 1415541 WATER SVCS -DIST 41 0.00 4,123.91 10100 117367 07/28/16 WVWATER WALNUT VALLEY WATER DIST 1395539 WATER SVCS -DIST 39 0.00 6,387.18 10100 117367 07/28/16 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS -DIST 38 0.00 7,144.00 TOTAL CHECK 0.00 41,046.39 SUNGARD PENTAMATION INC PAGE NUMBER: 6 DATE: 08/10/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160728 00:00:00.000' and '20160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 117368 07/28/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT-JUN 16 0.00 8,309.95 10100 117368 07/28/16 WESTCOAS WEST COAST ARBORISTS INC 1395539 MAINT SVCS -DIST 39 0.00 3,463.65 10100 117368 07/28/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 ARBORIST SVCS -JUN 0.00 859.20 10100 117368 07/28/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 WATERING SVCS -JUN 0.00 699.00 TOTAL CHECK 0.00 13,331.80 10100 117369 07/28/16 WOLFERAY RAYMOND WALTER WOLFE 0015210 PLNG COMM -JUN 16 0.00 130.00 10100 117370 07/28/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -COMM DEV 0.00 331.20 10100 117370 07/28/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -MILLENNIUM 0.00 831.60 10100 117370 07/28/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -GENERAL 0.00 517.50 10100 117370 07/28/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-P/WORKS 0.00 1,780.20 10100 117370 07/28/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -COUNCIL 0.00 2,152.80 10100 117370 07/28/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-CMGR 0.00 2,711.70 10100 117370 07/28/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -FINANCE 0.00 41.40 TOTAL CHECK 0.00 8,366.40 10100 117371 07/28/16 WRIGHTP PAUL WRIGHT 0014030 A/V SVCS-CNCL MTG 0.00 150.00 10100 117372 07/28/16 YOUNGREM YOUNG REMBRANDTS CORP 0015350 CONTRACT CLASS -SUMMER 0.00 396.00 10100 117372 07/28/16 YOUNGREM YOUNG REMBRANDTS CORP 0015350 CONTRACT CLASS -SUMMER 0.00 396.00 TOTAL CHECK 0.00 792.00 10100 117373 08/04/16 3SISECUR 3SI SECURITY SYSTEMS 1284411 TRACKERS -SHERIFF DEPT 0.00 1,414.00 10100 117374 08/04/16 4IMPRINT 4IMPRINT INC 1155515 PROMO ITEMS -TOTES 0.00 952.26 10100 117374 08/04/16 4IMPRINT 41MPRINT INC 0014096 PRINT SVCS -PROMO ITEM 0.00 426.25 TOTAL CHECK 0.00 1,378.51 10100 117375 08/04/16 CLICKAMA ADVANCE TUTORING 0015350 CONTRACT CLASS -SUMMER 0.00 2,673.00 10100 117376 08/04/16 ALBERTSO ALBERTSONS LLC 0015350 SUPPLIES -YOUTH SPORTS 0.00 54.30 10100 117376 08/04/16 ALBERTSO ALBERTSONS LLC 0015350 SUPPLIES -4TH OF JULY 0.00 116.27 10100 117376 08/04/16 ALBERTSO ALBERTSONS LLC 0015350 SUPPLIES -SR PROG 0.00 160.45 10100 117376 08/04/16 ALBERTSO ALBERTSONS LLC 0015350 SUPPLIES -CONCERTS 0.00 222.51 TOTAL CHECK 0.00 553.53 10100 117377 08/04/16 AAA ALL AMERICAN ASPHALT 2505510 GRAND BEAUTIFICATION 0.00 11,210.00 10100 117378 08/04/16 DRIVERAL ALLIANT INSURANCE SERVIC 0015350 SPCL INS -CONCERTS 0.00 990.00 10100 117378 08/04/16 DRIVERAL ALLIANT INSURANCE SERVIC 0015350 INS -4TH OF JULY BLAST 0.00 1,868.00 TOTAL CHECK 0.00 2,858.00 10100 117379 08/04/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 CONTRUCTION-PETERSON 0.00 22.68 10100 117379 08/04/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 CONSTRUCTION -PETERSON 0.00 140.00 10100 117379 08/04/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 CONSTRUCTION -PETERSON 0.00 1,492.50 TOTAL CHECK 0.00 1,655.18 10100 117380 08/04/16 BEARSTAT BEAR STATE AIR CONDITION 0015556 MAINT SVCS-PANTERA 0.00 85.00 10100 117380 08/04/16 BEARSTAT BEAR STATE AIR CONDITION 0015556 MAINT SVCS -HERITAGE 0.00 155.00 TOTAL CHECK 0.00 240.00 SUNGARD PENTAMATION INC PAGE NUMBER: 7 DATE: 08/10/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160728 00:00:00.000' and 120160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX 10100 117381 08/04/16 BESTLTG BEST LIGHTING PRODUCTS 0015556 SUPPLIES -CITY HALL 0.00 176.23 10100 117381 08/04/16 BESTLTG BEST LIGHTING PRODUCTS 0014093 SUPPLIES -CITY HALL 0.00 413.42 TOTAL CHECK 0.00 589.65 10100 117382 08/04/16 BISHOPJO JOHN E BISHOP 0015350 CONTRACT CLASS -SUMMER 0.00 206.40 10100 117383 08/04/16 PLAYWELL TIMOTHY DANA BOWEN 0015350 CONTRACT CLASS -SUMMER 0.00 1,917.60 10100 117384 08/04/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015333 LANDSCAPE MAINT-DBC 0.00 5,645.47 10100 117384 08/04/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 LANDSCAPE MAINT-PARKS 0.00 25,504.11 10100 117384 08/04/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 LANDSCAPE IMPROV-REAG 0.00 8,659.10 TOTAL CHECK 0.00 39,808.68 10100 117385 08/04/16 CACOMMER CALIFORNIA RETROFIT INC 0015333 SUPPLIES -DBC 0.00 196.20 10100 117386 08/04/16 CAREYANN ANNICA CAREY 001 FACILITY REFUND -DBC' 0.00 100.00 10100 117387 08/04/16 CARLOSSH SHEILA CARLOS 001 FACILITY REFUND-REAGA 0.00 50.00 10100 117388 08/04/16 CARROTTO CARROT TOP INDUSTRIES IN 0014093 USE TAX 0.00 60.17 10100 117388 08/04/16 CARROTTO CARROT TOP INDUSTRIES IN 001 USE TAX PAYABLE 0.00 -60.17 10100 117388 08/04/16 CARROTTO CARROT TOP INDUSTRIES IN 0014093 FLAGS -CITY HALL 0.00 710.41 TOTAL CHECK 0.00 710.41 10100 117389 08/04/16 CHANGMEG MEGAN CHANG 001 FACILITY REFUND-PNTRA 0.00 150.00 10100 117390 08/04/16 CCAC CITY CLERKS ASSOC. OF CA 0014030 RENEWAL DUES-C/CLERK 0.00 170.00 10100 117391 08/04/16 CLARKTHO THOMAS CLARK 001 RECREATION REFUND 0.00 89.00 10100 117392 08/04/16 CMSCHOOL CM SCHOOL SUPPLY CO 0015350 SUPPLIES -TINY TOTS 0.00 10.42 10100 117393 08/04/16 COLDDUCK COLD DUCK PRODUCTIONS IN 0015350 BAND -CONCERTS 0.00 1,500.00 10100 117394 08/04/16 COMMBANK COMMUNITY BANK 250 RETENTIONS PAYABLE 0.00 590.00 10100 117395 08/04/16 LACPUBWK COUNTY OF LOS ANGELES PU 0015340 ST LIGHT ASSESSMENT 0.00 39.00 10100 117396 08/04/16 DAYNITEC DAY & NITE COPY CENTER 2505310 PRINT SVCS -PLANS 0.00 192.39 10100 117396 08/04/16 DAYNITEC DAY & NITE COPY CENTER 2505310 PRINT SVCS -PLANS 0.00 192.39 TOTAL CHECK 0.00 384.78 10100 117397 08/04/16 DESTEFAN JAMES DESTEFANO 0014030 CONTRACT CITIES CONF 0.00 56.00 10100 117397 08/04/16 DESTEFAN JAMES DESTEFANO 0014030 ICSC CONF REIMB 0.00 603.50 TOTAL CHECK 0.00 659.50 10100 117398 08/04/16 DEVIMAYA MAYA DEVI 0015350 CONTRACT CLASS -SPRING 0.00 100.80 10100 117399 08/04/16 DFSFLOOR DFS FLOORING LP 0014093 MAINT SVCS -CITY HALL 0.00 550.00 10100 117399 08/04/16 DFSFLOOR DFS FLOORING LP 0014093 MAINT SVCS -LIBRARY 0.00 1,860.00 TOTAL CHECK 0.00 2,410.00 SUNGARD PENTAMATION INC DATE: 08/10/2016 CITY OF DIAMOND BAR TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160728 00:00:00.000' and 120160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX PAGE NUMBER: 8 ACCTPA21 AMOUNT 10100 117400 08/04/16 DHMAINTE DH MAINTENANCE 0015556 MAINT SVCS -PARKS 0.00 735.17 10100 117400 08/04/16 DHMAINTE DH MAINTENANCE 0014093 MAINT SVCS -CITY HALL 0.00 6,500.00 10100 117400 08/04/16 DHMAINTE DH MAINTENANCE 0015333 MAINT SVCS -DBC 0.00 12,250.83 10100 117400 08/04/16 DHMAINTE DH MAINTENANCE 0015333 ADDL MAINT-DBC 0.00 500.00 TOTAL CHECK 0.00 19,986.00 10100 117401 08/04/16 YMCA DIAMOND BAR/WALNUT YMCA 1255215 CDBG PROG-YMCA C/CARE 0.00 647.63 10100 117401 08/04/16 YMCA DIAMOND BAR/WALNUT YMCA 1255215 CDBG PROG-YMCA C/CARE 0.00 1,195.54 10100 117401 08/04/16 YMCA DIAMOND BAR/WALNUT YMCA 1255215 CDBG PROG-YMCA C/CARE 0.00 1,578.12 10100 117401 08/04/16 YMCA DIAMOND BAR/WALNUT YMCA 1255215 CDBG PROG-YMCA C/CARE 0.00 2,474.23 TOTAL CHECK 0.00 5,895.52 10100 117402 08/04/16 DMPR4LLC DMPR 4 LLC 0014030 STORAGE RENTAL -AUG 16 0.00 1,522.00 10100 117403 08/04/16 DOGGIEWA DOGGIE WALK BAGS INC 1155515 DOGGIE BAGS -PARKS 0.00 893.80 10100 117404 08/04/16 FEHRPEER FEHR & PEERS 0015551 DB STDY TIME TRVL-MAY 0.00 699.30 10100 117404 08/04/16 FEHRPEER FEHR & PEERS 0015551 DB SIGNAL SYS -MAY 16 0.00 1,077.53 10100 117404 08/04/16 FEHRPEER FEHR & PEERS 0015551 DB SIGNAL SYS -JUN 16 0.00 2,286.00 10100 117404 08/04/16 FEHRPEER FEHR & PEERS 0015551 DB STDY TIME TRVL-JUN 0.00 4,185.93 TOTAL CHECK 0.00 8,248.76 10100 117405 08/04/16 FIDUCIAR FIDUCIARY EXPERTS LLC 0014050 CNSLTNT SVCS-DEF/COMP 0.00 1,250.00 10100 117406 08/04/16 GATEWAYC GATEWAY CORPORATE CENTER 0014093 CAPITAL CONTRIBUTION 0.00 184.00 10100 117406 08/04/16 GATEWAYC GATEWAY CORPORATE CENTER 0014093 ASSOCIATION DUES 0.00 1,601.00 TOTAL CHECK 0.00 1,785.00 10100 117407 08/04/16 GWMA GATEWAY WATER MANAGEMENT 0015510 INSTALL MONITORING EQ 0.00 6,938.10 10100 117408 08/04/16 GONZAMON MONIKA GONZALEZ 001 FACILITY REFUND-REAGA 0.00 84.50 10100 117408 08/04/16 GONZAMON MONIKA GONZALEZ 001 FACILITY REFUND-REAGA 0.00 50.00 TOTAL CHECK 0.00 134.50 10100 117409 08/04/16 HDLCOREN HDL COREN & CONE 0014050 CNTRCT SVC-PRPTY TAX 0.00 3,060.00 10100 117410 08/04/16 HILTONFA HILTON FARNKOPF & HOBSON 1155515 CONTRACT SVCS-S/WASTE 0.00 3,376.50 10100 117411 08/04/16 IMPACTSI IMPACT SIGNS 0014096 SIGNS -RESTAURANT WEEK 0.00 261.60 10100 117412 08/04/16 KENSHARD KENS HARDWARE 0014093 SUPPLIES -CITY HALL 0.00 5.44 10100 117412 08/04/16 KENSHARD KENS HARDWARE 5205310 VEH SUPPLIES -PARKS 0.00 9.79 10100 117412 08/04/16 KENSHARD KENS HARDWARE 0015333 SUPPLIES -DBC 0.00 84.29 10100 117412 08/04/16 KENSHARD KENS HARDWARE 0015340 SUPPLIES -PARKS 0.00 495.14 TOTAL CHECK 0.00 594.66 10100 117413 08/04/16 KLEINGAB GABRIELA KLEIN 0015350 CONTRACT CLASS -SUMMER 0.00 428.40 10100 117414 08/04/16 LEEPHILI PHILIP LEE 001 FACILITY REFUND -DBC 0.00 400.00 10100 117415 08/04/16 LOPEZALF ALFA LOPEZ 0014096 REIMB-SUPPLIES 0.00 162.79 SUNGARD PENTAMATION INC PAGE NUMBER: 9 DATE: 08/10/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160728 00:00:00.000' and '20160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 117416 08/04/16 LOWES LOWE'S BUSINESS ACCOUNT 0014093 SUPPLIES -CITY HALL 0.00 683.43 10100 117417 08/04/16 POSTNET LW POSTNET INC 0014096 PRINT SVCS -BANNERS 0.00 130.80 10100 117417 08/04/16 POSTNET LW POSTNET INC 0014096 PRINT SVCS -POSTCARDS 0.00 141.18 TOTAL CHECK 0.00 271.98 10100 117418 08/04/16 MCECORPO MCE CORPORATION 0015554 STORM DRAIN MAINT 0.00 106.16 10100 117418 08/04/16 MCECORPO MCE CORPORATION 0015554 RIGHT OF WAY MAINT 0.00 2,778.89 10100 117418 08/04/16 MCECORPO MCE CORPORATION 0015554 VEGETATION CONTROL 0.00 7,541.45 TOTAL CHECK 0.00 10,426.50 10100 117419 08/04/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015350 SUPPLIES -HELIUM 0.00 90.00 10100 117419 08/04/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015556 CYLINDER ARGON 0.00 8.00 TOTAL CHECK 0.00 98.00 10100 117420 08/04/16 MOBILERE MOBILE RELAY ASSOCIATES 0014440 REPEATER SVCS -AUG 0.00 78.75 10100 117421 08/04/16 NEOPOST NEOPOST USA, INC 0014030 INK CARTRIDGE-M/MCHN 0.00 271.65 10100 117422 08/04/16 NUNODELI DELIA NUNO 001 RECREATION REFUND 0.00 84.00 10100 117423 08/04/16 PINEDALI LIZETTE PINEDA 0015350 CONTRACT CLASS -SUMMER 0.00 147.60 10100 117424 08/04/16 PSI PROTECTION ONE INC 0015333 ALARM SVCS -DBC 0.00 43.54 10100 117424 08/04/16 PSI PROTECTION ONE INC 0015556 ALARM SVCS-S/CYN 0.00 45.24 10100 117424 08/04/16 PSI PROTECTION ONE INC 0015556 ALARM SVCS -HERITAGE 0.00 148,38 TOTAL CHECK 0.00 237.16 10100 117425 08/04/16 PUBLICST PUBLIC STORAGE #23051 0014030 STORAGE RENTAL -#2108 0.00 350.00 10100 117426 08/04/16 PYROCOMM PYRO COMM SYSTEMS INC 0014093 FIRE ALARM SVCS-C/HILL 0.00 135.00 10100 117427 08/04/16 QUADCOUN QUAD COUNTY PAINTING INC 0015340 PAINTING SVCS-PANTERA 0.00 14,605.00 10100 117427 V 08/04/16 QUADCOUN QUAD COUNTY PAINTING INC 0015340 PAINTING SVCS-PANTERA 0.00 -14,605.00 TOTAL CHECK 0.00 0.00 10100 117428 08/04/16 QUINNREN QUINN RENTAL SERVICES 0015350 EQ RENTAL -TEEN NIGHT 0.00 223.37 10100 117429 08/04/16 RAMIRLAU LAURA RAMIREZ 001 FACILITY CHRGS-DBC 0.00 -34.00 10100 117429 08/04/16 RAMIRLAU LAURA RAMIREZ 001 FACILITY REFUND -DBC 0.00 1,150.00 TOTAL CHECK 0.00 1,116.00 10100 117430 08/04/16 ROSSCREA ROSS CREATIONS 0015350 SOUND SYS-COUNCERT 0.00 750.00 10100 117431 08/04/16 SILVERAD SILVERADO STAGES INC 1125350 SHUTTLE SVCS -CONCERTS 0.00 2,263.00 10100 117431 08/04/16 SILVERAD SILVERADO STAGES INC 1125350 'SHUTTLE SVCS -JULY 4TH 0.00 6,195.00 10100 117431 08/04/16 SILVERAD SILVERADO STAGES INC 1125350 SHUTTLE SVCS -CONCERTS 0.00 2,248.00 TOTAL CHECK 0.00 10,706.00 10100 117432 08/04/16 SOCALSAN SO CAL INDUSTRIES 0015350 EQ RENTAL -JULY 4TH 0.00 317.70 10100 117432 08/04/16 SOCALSAN SO CAL INDUSTRIES 0015350 EQ RENTAL -JULY 4TH 0.00 2,899.75 SUNGARD PENTAMATION INC DATE: 08/10/2016 CITY OF DIAMOND BAR TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160728 00:00:00.000' and 120160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR TOTAL CHECK 10100 117433 08/04/16 SCAQMD FUND/DIVISION SO COAST AIR QUALITY MGT 0014030 10100 117434 08/04/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 117434 08/04/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 117434 08/04/16 SCE SOUTHERN CALIFORNIA EDIS 0015556 10100 117434 08/04/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 117434 08/04/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 117434 08/04/16 SCE SOUTHERN CALIFORNIA EDIS 1415541 10100 117434 08/04/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 117434 08/04/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 117434 08/04/16 SCE SOUTHERN CALIFORNIA EDIS 1395539 10100 117434 08/04/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 TOTAL CHECK 10100 117435 08/04/16 SPARKLET SPARKLETTS 0014030 10100 117435 08/04/16 SPARKLET SPARKLETTS 0014030 TOTAL CHECK 10100 117436 08/04/16 STITCHES STITCHES UNIFORMS & EMBR 0015554 10100 117437 08/04/16 SWANKMOT SWANK MOTION PICTURES 0015350 10100 117437 08/04/16 SWANKMOT SWANK MOTION PICTURES 0015350 TOTAL CHECK 10100 117438 08/04/16 TENNISAN TENNIS ANYONE INC 0015350 10100 117439 08/04/16 TRANE TRANE SERVICE GROUP INC 0015333 10100 117439 08/04/16 TRANE TRANE SERVICE GROUP INC 0014093 10100 117439 08/04/16 TRANE TRANE SERVICE GROUP INC 0014093 TOTAL CHECK 10100 117440 08/04/16 TUCKERRA RAYMOND MICHAEL TUCKER 0015350 10100 117441 08/04/16 TWOBROTH TWO BROTHERS AUTO 5205556 10100 117442 08/04/16 ULINEINC ULINE INC 0014096 10100 117442 08/04/16 ULINEINC ULINE INC 0014096 TOTAL CHECK 10100 117443 08/04/16 USBANK US BANK 0014050 10100 117444 08/04/16 VILLAFLO FE T VILLAFLOR 001 10100 117445 08/04/16 VSP VISION SERVICE PLAN 001 10100 117446 08/04/16 VISSERBU VISSER BUS SERVICES INC 1125350 10100 117447 08/04/16 WAXIESAN WAXIE SANITARY SUPPLY 0015556 10100 117447 08/04/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 10100 117447 08/04/16 WAXIESAN WAXIE SANITARY SUPPLY 0014093 -----DESCRIPTION------ SALES TAX 0.00 FACILITY RENTAL -AUG 0.00 ELECT SVCS -DIST 38 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS -PARKS 0.00 ELECT SVCS -DIST 38 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS -DIST 41 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS -DIST 39 0.00 ELECT SVCS-T/CONTROL 0.00 0.00 WATER SVCS -CITY HALL 0.00 EQ RENTAL -CITY HALL 0.00 0.00 SUPPLIES -RD MAINT 0.00 MOVIE RENTALS -7/27/16 0.00 MOVIE RENTALS -7/20/16 0.00 0.00 CONTRACT CLASS -SUMMER 0.00 MAINT SVCS -DBC 0.00 MAINT SVCS -CITY HALL 0.00 HVAC SYS MAINT-C/HALL 0.00 0.00 CONTRACT CLASS -SUMMER 0.00 VEH MAINT-PARKS & REC 0.00 SUPPLIES -LIGHT BUCKET 0.00 SUPPLIES -CONE BAGS 0.00 0.00 CITY CREDIT CARD-JUL 0.00 FACILITY REFUND -DBC 0.00 AUG 16 -VISION PREMIUM 0.00 BUS SVCS -DAY CAMP 0.00 SUPPLIES -PARKS 0.00 SUPPLIES -DBC 0.00 SUPPLIES -CITY HALL 0.00 PAGE NUMBER: 10 ACCTPA21 AMOUNT 3,217.45 2,262.81 500.87 509.41 4,178.27 24.73 123.18 245.49 332.46 383.50 426.72 199.66 6,924.29 175.37 2.99 178.36 182.35 500.00 550.00 1,050.00 1,499.40 1,047.00 1,046.50 1,319.00 3,412.50 540.00 401.32 51.10 80.83 131.93 17,578.22 400.00 1,610.64 11,654.00 626.87 715.59 1,043.07 SUNGARD PENTAMATION INC DATE: 08/10/2016 CITY OF DIAMOND BAR TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160728 00:00:00.000' and 120160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION TOTAL CHECK 10100 117448 08/04/16 WONGTHOM THOMAS WONG 0015350 10100 117449 08/04/16 YBARRAGL GLORIA YBARRA 001 10100 117450 08/04/16 ZHOUSHUN SHUNHUA ZHOU 001 10100 117452 08/04/16 QUADCOUN QUAD COUNTY PAINTING INC 0015556 10100 PP16/16 07/28/16 PERSRETI PERS RETIREMENT 001 10100 PP16/16 07/28/16 PERSRETI PERS RETIREMENT 001 10100 PP16/16 07/28/16 PERSRETI PERS RETIREMENT 001 TOTAL CHECK 10100 16 -PP 16 07/28/16 PAYROLL PAYROLL TRANSFER 001 10100 16 -PP 16 07/28/16 PAYROLL PAYROLL TRANSFER 112 10100 16 -PP 16 07/28/16 PAYROLL PAYROLL TRANSFER 113 10100 16 -PP 16 07/28/16 PAYROLL PAYROLL TRANSFER 115 10100 16 -PP 16 07/28/16 PAYROLL PAYROLL TRANSFER 125 10100 16 -PP 16 07/28/16 PAYROLL PAYROLL TRANSFER 138 10100 16 -PP 16 07/28/16 PAYROLL PAYROLL TRANSFER 139 10100 16 -PP 16 07/28/16 PAYROLL PAYROLL TRANSFER 141 TOTAL CHECK 10100 PP 14-15 07/28/16 PERSHEAL PERS HEALTH 0014060 10100 PP 14-15 07/28/16 PERSHEAL PERS HEALTH 007 TOTAL CHECK 10100 PP 16/16 07/28/16 PERSRETI PERS RETIREMENT FUND 001 10100 PP 16/16 07/28/16 PERSRETI PERS RETIREMENT FUND 001 10100 PP 16/16 07/28/16 PERSRETI PERS RETIREMENT FUND 001 TOTAL CHECK -----DESCRIPTION------ SALES TAX 0.00 CONTRACT CLASS -SUMMER 0.00 FACILITY REFUND -DBC 0.00 RECREATION REFUND 0.00 PAINTING SVCS-PANTERA 0.00 RETIRE CONTRIB-PEPRA 0.00 RETIRE CONTRIB-EE 0.00 SURVIVOR BENEFIT 0.00 0.00 P/R TRANSFER-16/PP 16 0.00 P/R TRANSFER-16/PP 16 0.00 P/R TRANSFER-16/PP 16 0.00 P/R TRANSFER-16/PP 16 0.00 P/R TRANSFER-16/PP 16 0.00 P/R TRANSFER-16/PP 16 0.00 P/R TRANSFER-16/PP 16 0.00 P/R TRANSFER-16/PP 16 0.00 0.00 AUG 16 -HEALTH ADMIN FE 0.00 AUG 16 -HEALTH INS PREM 0.00 0.00 RETIRE CONTRIB-PEPRA 0,00 RETIRE CONTRIB-EE 0.00 SURVIVOR BENEFIT 0.00 0.00 PAGE NUMBER: 11 ACCTPA21 AMOUNT 2,385.53 144.00 600.00 490.00 14,605.00 229.42 191.06 8.00 428.48 186,774.54 3,811.89 342.10 11,212.54 94.27 1,146.51 666.26 554.67 204,602.78 134.71 38,984.36 39,119.07 559.45 26,814.44 46.50 27,420.39 TOTAL CASH ACCOUNT 0.00 1,367,795.02 TOTAL FUND 0.00 1,367,795.02 SUNGARD PENTAMATION INC DATE: 08/10/2016 CITY OF DIAMOND BAR TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160728 00:00:00.000' and '20160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 020 - OPEB RESERVE FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME 10100 PP 14-15 07/28/16 PERSHEAL PERS HEALTH TOTAL CASH ACCOUNT TOTAL FUND FUND/DIVISION -----DESCRIPTION------ SALES TAX 0204060 AUG 16 -RETIREE HEALTH 0.00 0.00 0.00 PAGE NUMBER: 12 ACCTPA21 750.00 750.00 750.00 SUNGARD PENTAMATION INC DATE: 08/10/2016 CITY OF DIAMOND BAR TIME: 11:09:28 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160728 00:00:00.000' and 120160810 00:00:00.000' ACCOUNTING PERIOD: 2/17 FUND - 160 - USED MOTOR OIL BLK GRT CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX 10100 117451 08/04/16 CLEARCHA CLEAR CHANNEL OUTDOOR IN 1605516 BUS SHELTER ADS-U/OIL 0.00 TOTAL CASH ACCOUNT 0.00 TOTAL FUND TOTAL REPORT 0.00 0.00 PAGE NUMBER: 13 ACCTPA21 milslul 450.00 450.00 450.00 1,368,995.02 Agenda # 6.6 Meeting Date: August 16, 2016 •,; • TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man4� TITLE: Adjourn the August 16, 2016 City ouncil Meeting to September 20, 2016. RECOMMENDATION: Approve. BACKGROUND: It has been suggested that the Council consider the cancellation of the City Council Meeting scheduled for September 6, 2016. There will be no pressing matters or public hearings scheduled and therefore adjourning the meeting will not cause the City any hardship. Should the City Council concur, it is recommended that the Mayor at the end of the August 16, 2016 City Council Meeting adjourn said Council Meeting to September 20, 2016. Pre ared by: - /'-P, a . Tommye Cribbins, City Clerk Reviewed by: Ryan City Manager CITY COUNCIL Agenda # 6 .7 Meeting Date: August 16 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: APPROVE RESOLUTION 20 6 -XX APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AWARD THE CONSTRUCTION CONTRACT FOR WASHINGTON STREET CUL-DE-SAC AT LINCOLN AVENUE PROJECT TO CT&T CONCRETE PAVING INC. IN THE AMOUNT OF $101,450 AND AUTHORIZE A CONTINGENCY AMOUNT OF $8,550 (8.4% OF THE TOTAL CONTRACT) FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $110,000. RECOMMENDATION: Approve and award. FISCAL IMPACT: The FY 2016-2017 Capital Improvement Program (CIP) allocated $110,000 of the General Fund for the Washington Street Enhancement. BACKGROUND/DISCUSSION: This project is located at the intersection of Washington Street and Lincoln Avenue. Washington Street is a four (4) lane collector street and Lincoln Avenue a two (2) lane residential street. Washington Street becomes a cul-de-sac at approximately 900 -ft north easterly of Lincoln Avenue and Washington Street intersection. The primary objective of this project is to prevent wayward semi- trucks traffic through the residential area from this intersection as shown in Exhibit "A" attached. The project consists of and includes rehabilitation of asphalt pavement, reconstruction of curb and gutter, sidewalk and curb ramp, landscape and irrigation, and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements (see Exhibit "B"). With the completion of the plans and specifications, the project was advertised for bids on July 19, 2016. On August 2, 2016, four (4) bids were received. CT&T Concrete Paving Inc. submitted the lowest bid in the amount of $101,450. The bids received were as follows: 1 Company Bid Amount 1. CT&T Concrete Paving Inc. $101,450.00 2. All American Asphalt $112,000.00 3. EBS Engineering, Inc. $124,900.00 4. Hardy & Harper, Inc. $177,000.00 The engineer's estimate was $88,500 with a schedule of twenty five (25) working days. Staff has verified the contractor state license for CT&T Concrete Paving, Inc. to be valid. CT&T Concrete Paving, Inc. also has performed other similar projects in this City satisfactorily. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Reza Amirazodi, Project Manager REVIEWED BY: D id G. Liu, P.E. Director of Public Works August 16, 2016 Mid — September 2016 Mid --October 2016 DATE PREPARED: August 6, 2016 ATTACHMENTS: EXHIBIT "A" — Washington Street Cul-de-sac at Lincoln Ave. Project EXHIBIT "B" — Proposed improvements RESOLUTION 2016 -XX CONTRACTOR AGREEMENT 2 �AA�,` f r t t r_ TP 44 41 - it er�_ir,Fttl o _ L� m k ' � _ G,•�� � r � , ' E SunwooE Dr - ^'S nip a — � 4 Of RESOLUTION NO. 2016 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF WASHINGTON STREET CUL-DE-SAC AT LINCOLN AVENUE PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained DMS Consultants, Inc. as the engineer to design anc prepare the plans for Washington Street Cul-de-sac at Lincoln Avenue Project. B. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin, C. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the 2016- 2017 fiscal year budget to pay for the Project ('Project Payment Account'). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 16th day of August 2016. Nancy A. Lyons, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2016 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 16th day of August 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk /eTr]C74:11Pi121kiII The following agreement ("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 CT&T Concrete Paving Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, CITY accepted the bid of CONTRACTOR CT&T Concrete Paving Inc. and; WHEREAS, CITY has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Washington Street Cul-de-sac at Lincoln Avenue Project (City Proiect no. 26617) in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Washington Street Cul-de-sac at Lincoln Avenue Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated June 2016 (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 August 2, 2016 together with this AGREEMENT, shall constitute the contract between the parties. This AGREEMENT 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 AGREEMENT, the provisions of this AGREEMENT shall control. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work within twenty five (25) working days from the date of the notice to proceed. CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this AGREEMENT. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: 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) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile - $1,000,000 per accident for bodily injury and property damage. 2 3) Employer's Liability - $1,000,000 per accident for bodily injury or disease. 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; 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." 5) Otherwise be in form satisfactory to the CITY. 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. e. The CONTRACTOR shall, prior to performing any work under this AGREEMENT, 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. Self Insured Retention/Deductibles. All policies required by this AGREEMENT shall allow CITY, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this AGREEMENT. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this AGREEMENT. Should CITY pay the SIR or deductible on CONTRACTOR's behalf upon the CONTRACTOR's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this AGREEMENT in addition to any other damages incurred by CITY due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 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. CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars ($200.00) 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. CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. 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. CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed 4 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. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10, CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. 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. 5 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. 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. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this AGREEMENT. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and CITY's ability to draw from this fund, are conditions precedent to CITY's obligation to make payments to CONTRACTOR. 13. 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 and those 3 reasonably necessary to effectuate the termination. CONTRACTOR shall not be entitled to any claim for lost profits. State of California "CONTRACTOR'S" License No. 875627 CONTRACTOR'S Business Phone (909) 629-8000 CONTRACTOR'S emergency phone which can be reached at anytime: (909)821-4769 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. By: Title: Date: By: Title: Date: CITY OF DIAMOND BAR, CALIFORNIA By: NANCY A. LYONS, MAYOR U11lrrRIIIIlA By: TOMMYE A. CRIBBINS, CITY CLERK Date APPROVED AS TO FORM: DAVID DEBERRY, CITY ATTORNEY Date 7 Agenda # 6 , 8 Meeting Date: Augustl6 2016 CITY COUNCILN ja89�9 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma er TITLE: APPROVAL OF A CONSULTING SERVICE AGREEEMNT WITH KIMLEY HORN TO DEVELOP A PROCUREMENT & IMPLEMENTATION PLAN FOR AN ADAPTIVE TRAFFIC CONTROL SYSTEM (ATCS) IN THE AMOUNT OF $209,081, PLUS A CONTINGENCY AMOUNT OF $30,000 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION OF $239,081. RECOMMENDATION: Approve. FINANCIAL IMPACT: As part of the Fiscal Year 2016-2017 Capital Improvement Program (CIP), $180,000 of Proposition A funds, $180,000 of Proposition C funds, and $1,400,000 of Metropolitan Transportation Authority (MTA) Call for Projects Grant funds were budgeted for the design, construction and construction management services for the Adaptive Traffic Control System (ATCS) for a total allocation of $1,760,000. BACKGROUND/DISCUSSION: As part of the 2013 Call for Projects, on September 26, 2013, the Los Angeles County Metropolitan Transportation Authority (Metro) selected the City of Diamond Bar's (City) ATCS for grant funding in the amount of $1,406,860. The funds are programmed over three (3) fiscal years, FY 2015-16, FY 2016-17, and FY 2017-18. The total project is estimated at $1,758,575 which includes a local match of $351,715 of Prop C and Prop A funds. The purpose of the ATCS is to provide continuous monitoring of the traffic conditions by automatically adjusting signal timing to optimize traffic flow based on real-time traffic conditions and improve the capability to respond to various events that disrupt traffic flow and cause excessive congestion along the City's three (3) major regionally significant corridors; Golden Springs Drive between Lemon Avenue & Avenida Rancheros, Grand Avenue between Longview Drive & Golden Springs Drive and Diamond Bar Boulevard between Brea Canyon Road & Temple Avenue. See attached ATCS map (Attachment "A"). The implementation of the ATCS will result in fewer stops, less delays, reduced congestion, and improved signal coordination. The project scope of work also includes upgrades at forty-seven (47) signalized intersections; twenty-one (21) along Diamond Bar Boulevard; eighteen (18) along Golden Springs Drive, and eight (8) along Grand Avenue with compatible hardware and software components, including replacement of the existing signal controllers with ATCS controllers, configuration/integration of the ATCS, traffic signal interconnect, and signal detection upgrades at the above mentioned locations. In September 2015, staff invited six (6) Traffic Engineering Consultants requesting for their preference either to help on the preparation of the RFP to develop a procurement & implementation plan for an ATCS or to bid on the implementation of the project. Staff received five (5) responses via email and phone calls to propose on the implementation of the project and one (1) response from Fehr & Peers (current City's on-call traffic engineering consultant) to assist staff with the preparation of the RFP and to assist staff as a technical consultant. On October 28, 2015, the City of Diamond Bar received the Funding Agreement (FA) from LACMTA approving the grant in the amount of $1,406,860. The City Council approved the agreement at the December 15, 2015 council meeting. In order to evaluate the ATCS performance, traffic data was collected during the month of March 2016 while schools were still in session to perform the before study as part of Fehr & Peers scope of work in its contract approved in March 1, 2016. The traffic data collection for the after study is included in the contract to develop a procurement & implementation plan for an ATCS. On April 20, 2016, the RFP to develop a procurement & implementation plan for an ATCS was released to Advantec Consulting Engineers, DKS Associates, ITERIS, Kimley-Horn, and Stantec. A mandatory pre-bid meeting was held on May 4, 2016 at City Hall to answer questions from prospective consultants related to the RFP. On May 20, 2016, all five (5) responsive proposals were received. Proposals are listed below: 1. Advantec Consulting Engineers $139,424.00 2. Kimley-Horn $209,081.00 3. ITERIS, Inc. $250,110.00 4. Stantec Consultant $299,950.00 5. DKS Associates $340,300.00 An evaluation committee was created consisting of five (5) representatives, four (4) from City's staff and one (1) outside representative from Fehr & Peers met to review the five (5) proposals. 2 The proposals were evaluated utilizing the following evaluation criteria and weights: • Staff Qualifications 20 percent • Firms Qualifications 20 percent • Approach/Methodology 25 percent • Level of Effort (Staffing commitment and time allocation) 20 percent • Ability to meet City's schedule and expectations 10 percent • Relevant References (Record of performance) 5 percent Proposals were evaluated and rated in accordance with the criterial above. All five consulting firms were rated as follow: Firm: Total Rating: 1. Kimley-Horn 83 2. ITERIS, Inc. 82 3. Advantec Consulting Engineers 79 4. Stantec Consultant 76 5. DKS Associates 74 In assigning the ratings, several factors were considered, with significant importance given to staffing and project organization of the firm, as the qualifications of the key personnel, including the project manager and other task leaders are critical to the successful completion of the project. Similarly, significance was given to the work plan criterion which emphasize the importance of the team's understanding of the project and its challenges. The evaluation committee reviewed and discussed the five (5) proposals based on the above mentioned criteria and short-listed three (3) firms to be interviewed. The three firms are listed below in alphabetical order: 1. Advantec Consulting Engineers 2. ITERIS, Inc. 3. Kimley-Horn Their respective resource allocation and anticipated project completion schedule are: On July 11, 2016, the new evaluation team committee consisting of three (3) representatives from City's staff and two (2) outside representatives from Fehr & Peers and the City of Arcadia interviewed the three (3) firms. Staff invited a representative i1 Advantec Consulting Resource Allocation Engineers Kimley»Horn ITERIS, Inc. Project Design/Management (hours) 970 1345 1829 Proposed project completion April 2018 January 2018 April 2018 On July 11, 2016, the new evaluation team committee consisting of three (3) representatives from City's staff and two (2) outside representatives from Fehr & Peers and the City of Arcadia interviewed the three (3) firms. Staff invited a representative i1 from the City of Arcadia to be part of the evaluation team committee because of Arcadia's experience with ATCS deployment and other ITS projects. The interviews consisted of a presentation to demonstrate the firm's understanding of Metro's funding requirements, experience working with Caltrans, knowledge of existing City's traffic congestion and traffic system, and the firm's experience with ATCS. Each firm's project manager and key team members had an opportunity to present the team's qualifications and respond to the evaluation committee's questions. In general, the team's presentation addressed the requirement of the RFP, experience with all aspects of the required tasks, and stressed each firm's commitment to the success of the Project. The firms also highlighted staffing plans, work plans, and perceived project levels, and experience with similar projects. After evaluating the presentations and responses to the questions asked during the interviews, the evaluation committee ranked Kimley-Horn as the top firm with the highest cumulative score for the interview phase of the selection process as shown below: Firm: Total Rating: 1. Kimley-Horn 42 2. ITERIS, Inc. 41 3. Advantec Consulting Engineers 32 Based on the evaluation of written proposals and information obtained during the interviews, staff recommends Kimley-Horn as the firm to develop a procurement & implementation plan for an ATCS. Kimley-Horn ranked the highest among the proposing firms because of its experience with similar ATCS projects, knowledge of the City's traffic congestion and traffic control/management system, and their familiarity & experience with Caltrans and Metro funding requirements. The firm displayed a very clear understanding of the Project requirements, proposed a strong cohesive team, and its work plan addressed key challenges and proposed solutions. One of the critical elements for a successful ATCS project is selecting and implementing the preferred ATCS vendor system (software and firmware). Kimley-Horn has been involved in over 30 ATCS projects in the United States. Because of their experience with ATCS, they developed their own ATCS system called Kadence. Since Kimley-Horn owns this system, staff consulted with the City Attorney to avoid any potential conflict of interest. The City Attorney indicated that the standard conflict of interest language in the City's consultant agreement already preclude Kimley-Horn from recommending its own system. Additionally, specific provisions precluding Kimley-Horn from recommending its system was added to the standard conflict of interest language in the agreement. Furthermore, Kimley-Horn has agreed and provided a formal letter precluding its system from this project (See Attachment "B"). Kimley-Horn is proposing to complete the project by January 2018. Funds granted by Metro are to be expended by June 2018. Therefore, Kimley-Horn's projected project completion date is adequate to meet the Metro fund expenditure agreement deadline. M The project schedule is tentatively set as follows: Award Design Contract August 16, 2016 Bid/Award System Vendor Contract April 2017 Begin System Construction August 2017 Project Completed January 2018 Staff recommends Council award the consulting services agreement to Kimley-Horn to develop a procurement & implementation plan for an ATCS in the amount of $209,081. PREPARED BY: Christian Malpica, Associate Engineer Date Prepared: August 9, 2016 REVIEWED BY: David . Lld Director of Public Works Attachments: Attachment "A" — Map Attachment "B" - Letter Contract Agreement with Kimley»Horn Exhibit "A" - Kimley»Horn Proposal, dated May 20, 2016 ATTACHMENT "A" Ls, Adaptive Traffic Control System (ATCS) - Project Area Map ° o° 0 0 JO 0 ° ° M ° ;� °. _� J o0 0C1Jo ° 0 0 0 0 0 ))00 0 0 0 ATTACHMENT "B" Kimley»)Horn August 01, 2016 Christian Malpica Associate Engineer City of Diamond Bar Public Works/Engineering Department 21810 Copley Dr., Diamond Bar, CA 91765 Subject: Exclusion of Kadence System from ATCS evaluation, procurement and implementation plan for City of Diamond Bar Dear Mr. Malpica: Thank you for selecting Kimley-Horn as your consultant for developing a procurement and implementation plan for the Adaptive Traffic Control System (ATCS) for the City. Based upon our discussions last week, we understand that the City would like to exclude Kadence (Kimley- Horn's adaptive system) from the evaluation. This letter serves as our confirmation that we will not include Kadence in this project as per your request. We are very excited about being awarded this contract and look forward to working with you and your staff in near future. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Vikas Surma, P� Project Manager kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 2614040 CONSULTING SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of August 16, 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Kimley»Horn and Associates, Inc., a ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Christian Malpica, Associate Engineer (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect August 16, 2016, and shall continue until January 2018 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Two Hundred Thousand Nine Eighty one Dollar and Zero Cents ($209,081) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 5% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) To the fullest extent permitted by law, Consultant agrees to indemnify and hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement, 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible.constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. C. Consultant has been retained by the City to recommend an ATCS System which best serves the needs of the City. Consultant has produced an ATCS System which could possibly serves the City's needs. The City has determined that a potential conflict of interest exists if the Consultant could recommend that the City purchase the Consultant's ATCS System. To avoid a potential conflict of interest or the appearance of a conflict of interest, Consultant shall be precluded from recommending its own ATCS System as part of this Agreement and shall not have any financial interest, as that term is used under the California Political Reform Act and its implementing regulations, in the recommendations that Consultant makes to the City under this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City's Project Manager, Vikas Sharma shall be the person who primarily performs the work provided under this Agreement. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within Three Hundred Ninety Two (392) calendar days from such date or as may otherwise be agreed to by and between the Project Manager and the Consultant. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Liquidated Damages. Consultant shall pay City, or have withheld from monies due it, as liquidated damages, the sum of Fifty Dollars ($50) per day for each and every calendar day's delay in finishing the work within the time specified, including any written extensions which may be granted, in writing, in accordance with this Agreement. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. . 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: Attn.: Phone: Phone: E -Mail: E-mail: 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" Kimley»Horn and Associates, Inc. 660 S. Figueroa Street, Suite 2050 Los Angeles, California 90017 By: Printed Name: Title: "City" CITY OF DIAMOND BAR Bv: Nancy A. Lyons, Mayor By: ATTEST: Printed Name: Tommye Cribbins, City Clerk Approved as to form: David A. DeBerry, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 4W EXHIBIT "A" CITY OF DIAMOND BAR is: DliN4 -'YAR► Proposal to Develop a Procurement and Implementation Plan for an laptive Traffic Control System :t Understanding and Approach The goal of this project is to evaluate, select, and implement a "commercial off-the-shelf' Adaptive Traffic Control System (ATCS) system along three major corridors: Diamond Bar Boulevard (21 traffic signals between Mission/remple and SR -57); Golden Springs Drive (18 traffic signals between East Avenida Rancheros and Lemon Avenue); and Grand Avenue (8 traffic signals between Longview Drive and Golden Springs Drive). The objective of theATCS is to locally monitor and manage traffic in real-time along each project corridor to improve traffic flow, reduce queuing and traffic congestion, and respond to volume fluctuations resulting from incidents or congestion along SR -57 and SR -60. The system will be installed on a TMC workstation at City Hall to monitor and adjust the system parameters as needed. We understand that each of these corridors has either copper or fiber optic Interconnect and that the City is currently in the construction stage of Phase I of the programmed three phase signal infrastructure upgrades that will eventually replace copper interconnect with fiber optic based communications. In our experience, ATCS has been marketed and sold as a silver bullet for traffic control, typically without proper alignment of agency and system objectives. This results in a failure to meet the needs of agency stakeholders. The City of Diamond Bar has already recognized this risk and has requested utilizing the systems engineering process for ATCS design to better align the needs with the technology. There are spacing and queuing issues and multiple critical intersections. A "one -size -fits -all" solution may not be the best approach to meet the multiple objectives along the corridors. Our team will assist the City in evaluating the potential trade-offs and balancing the positives and negatives of the different ATCS systems to recommend the best approach for the corridors. Our proposed staff has detailed experience with the fiber optic networks and the specific connections between field controllers and the central system for several agencies within California and Los Angeles County. Our recent design and system integration experience with multiple agencies, combined with our extensive experience with the evaluation and deployment of adaptive systems, will enable us to effectively anticipate and plan for the next steps throughout the course of this project. Preliminary Field Assessment and Key Issues The project, as defined in the RFP, includes 47 traffic signals along three major arterials within the City. The presence of different types of land uses including retail, commercial, a fire station and schools, combined with direct regional access to SR -60, make these corridors very difficult to coordinate using traditional time of day traffic signal coordination. For these reasons, the City has made the step towards the implementation of an adaptive traffic system. We performed a preliminary review of these intersections to fully understand the traffic patterns and key issues the City faces for implementation of an adaptive system along these arterials. During our field review we observed there is a new traffic signal along Diamond Bar Boulevard that was not included in the exhibit provided in the RFP. As a value added service, we will include this traffic signal in our proposed work plan without any additional cost. Figure 1 on the fallowing page provides a visual summary of our field review and outlines key issues including the current detection type, traffic signal cabinets, and ITS elements. Study Corridor Characteristics Diamond Bar Boulevard Is a major arterial, oriented in the north/south direction with 21 signals between Mission/Temple and SR -57 that have been Included for adaptive system implementation. Including the new traffic signal at Cherrydale, the number of intersections for system implementation along Diamond Bar Boulevard will be 22, instead of 21 as noted in the RFP. Diamond Bar Boulevard provides two travel lanes per direction, separated by a raised median and two-way left turn lanes within these limits. Bike lanes are provided on both sides of the street. On -street parking is mostly prohibited on both sides of the road. The posted speed limit is between 40 to 45 mph within the project limits. There is moderate to high pedestrian activity along this corridor, especially during AM peak conditions due to a high school (at Pathfinder), and retail and restaurants (at Golden Springs Drive, Grand Avenue, and Sugarpine Place). Per the preliminary data that we collected, the average speeds along this corridor during peak hours are generally 30 mph or more with an exception of the stretch between Pathfinder and the SR -57 ramps where the average speed drops to 20-30 mph. There are three transit routes along this corridor: Foothill transit routes 286, 482, and 854. There is a park-and-ride facility at the southeast corner of Diamond Bar Boulevard/SR-60 westbound off -ramp as seen in Figure 1 on the following page. Grand Avenue runs east/west through the City and provides full interchange access to the SR -60 and SR -57 freeways. It also connects the City to the adjacent Cities of Walnut and Industry to the west and Chino Hills to the east. The study segment of Grand Avenue between Golden Springs Drive and Longview Drive is classified as a major arterial with mostly two travel lanes per direction and includes additional lanes to accommodate turning movements, parking, and bicycle traffic, all within a right-of-way width of 80-100 feet. The pasted speed limit City of Diamond Bar lTRT096010.16 3 Kimleyl Horn I �r- • TRAFFIC SIGNALS INCLOSE PROXIMITY • HEAVY CONGESTION DURING PEAK HOURS DUE TO FREEWAY ACCESS • HIGH PED ACTIVITY DUE TO RESTAUPAM, SHOPPING AND GYM I i�. DIAMOND BAR HIGH SCHOOL VERY HIGX PEO ACTIVITY IN AM PEAK �I SEVERAL INTERSECTIONS CURRENTLY HAVE LOOP DETECTION . HIGH PED ACTIVITY GOLOENSPRINGSELEMENTARY HEIrM HIGH PEDACTIVNY DUE TOCOMMERCIALANO RESTAURANTS �y.. 11239 / mm aHEAVNGESTION DUE Y HIGH PEO ACTIVITY FIgESTAl1on pLLESS ' CAUSES IM'EDANCETO TRAFFIC OPE RATIONS .Ki 57 • -TOFREEWAYACCESS I i�. DIAMOND BAR HIGH SCHOOL VERY HIGX PEO ACTIVITY IN AM PEAK �I SEVERAL INTERSECTIONS CURRENTLY HAVE LOOP DETECTION . HIGH PED ACTIVITY GOLOENSPRINGSELEMENTARY HEIrM HIGH PEDACTIVNY DUE TOCOMMERCIALANO RESTAURANTS �y.. 11239 / mm X10.693 HIGH PEO ACTIVITY FIgESTAl1on pLLESS ' CAUSES IM'EDANCETO TRAFFIC OPE RATIONS .Ki 57 ��fri J �� IVpnL I S HFAVYCONIGESTION DURING J(y G4BWEFALMDST IS FULL NG 33mom. PEAK HOURS OPPORTUNITYTOTE CALTRANSSIGPL4L5 /ry m IMO CIIYS .9ir_rf I i�. DIAMOND BAR HIGH SCHOOL VERY HIGX PEO ACTIVITY IN AM PEAK �I SEVERAL INTERSECTIONS CURRENTLY HAVE LOOP DETECTION . HIGH PED ACTIVITY GOLOENSPRINGSELEMENTARY HEIrM HIGH PEDACTIVNY DUE TOCOMMERCIALANO RESTAURANTS �y.. 11239 / mm X10.693 HIGH PEO ACTIVITY FIgESTAl1on pLLESS ' CAUSES IM'EDANCETO TRAFFIC OPE RATIONS .Ki 57 COMMERCIALHNO RESTAURANTS HIGHPEDACRVRY (ATCS)' -- -_. - • STEEP VERTICAL CURVES CAUSE PLATOON DISPERSION • HORIZONTAL CURVES AND RESTRICTED SIGHT DISTANCE SEVERAL INTERSECTIONS CURRENTLY HAVE LOOP DETECTION L" CURRENT TRAVEL CHARACTERISTICS Corridor Segment Length I AM Peak Hour PM Peak Hour (mi) Travel Time (min) Tavel Time (mil Diamond Bar Blvd (NO) 6.3 12-24 14-30 Diamond Bar Blvd (SBI 1 BE 1 12-26 12.22 TRAFFIC SIGNALS IN CLOSE PROXIMITYTO EACH OTHER HIGHTRAVEL SPEEDS DUE TO VERTICAL GRADES CITY OF DIAMOND BAR ' Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System along Grand Avenue ranges from 40-45 mph. This corridor serves as a primary entrance to the City and experiences high levels of congestions during peak hours; especially during incidents on the freeway. There is a high level of pedestrian activity at Montefino Avenue, Diamond Bar Boulevard, and Rolling Knoll Road, particularly during AM peak time. In addition, there are several vertical and horizontal curves along the corridor which causes the vehicular platoon dispersion. The average speeds along Grand Avenue during peak hours range between 20-30 mph between Golden Springs Drive and Diamond Bar Boulevard; and 30 mph or greater towards the east of Diamond Bar Boulevard. It is important to note there is a fire station at the southeast corner of Grand Avenue/Montefino Avenue which would need to be given special consideration during adaptive system design and implementation. There are no transit routes along Grand Avenue. Golden Springs Drive is a four -lane roadway that runs parallel to SR -60 and roughly parallels Diamond Bar Boulevard. The roadway terminates on its east end at the Intersection of Temple Avenue and Avenida Rancheros at the boundary of Phillips Ranch in Pomona. On its western end, Golden Springs Drive transitions into Colima Road at Diamond Bar's border with the unincorporated areas of Los Angeles County to the west. This corridor is utilized by motorists as an alternative route and experiences high levels of delay and congestion during incidents on SR -57 and SR -60. The posted speed limit along Golden Springs Drive is between 40-45 mph within the project limits. There is moderate to high level of pedestrian activity on the south end of the corridor between Brea Canyon Road and Lemon Avenue. The average travel speed along this corridor is 30 mph or greater, except for the stretch between Lemon Avenue and Grand Avenue. There are three transit routes along this corridor: Foothill transit routes 482, 853 and 854. During preliminary field assessment, we noted that these corridors have several traffic and operational issues that will be important to consider for design and implementation of adaptive systems. These include, but are not necessarily limited to the following: • There are many mid -block left -turn movements along the three arterials. This contributes to impacts on vehicular platooning and traffic volumes that carry through along the corridor. • There is a high level of pedestrian activity, particularly around shopping center intersections and on Diamond Bar Boulevard and Pathfinder Road (due to the Diamond Bar High School). This will have impacts on the adaptive system's ability to effectively coordinate the Diamond Bar Boulevard. • The streets that act as residential collectors could have a lower tolerance for side street delays since they will typically serve commute drivers who have low tolerances for being stopped. • The streets that act as collectors from other main streets have a lower tolerance for delays since the drivers sometimes expect minimal impacts to coordination. • Field observations conducted by Kimley-Horn during the morning and evening peaks showed there are instances where there appeared to be "underutilized green time" on each arterial (i.e., there were long gaps between main street platoons). We will pay special attention to these occurrences when conducting the before and after studies. Adaptive System Evaluation At Kimley-Horn, our staff members have been actively involved with adaptive systems for over 20 years. We have conducted detailed evaluations of adaptive systems, conducted surveys with adaptive system vendors, served on selection panels for adaptive systems, and even participated in the FHWA's program for the development of adaptive systems. In fact, some of our proposed staff members were involved in the development of the ACS Lite adaptive system. We have performed several evaluations of adaptive systems over the years and will utilize these evaluations as the basis to form a complete and prudent evaluation for the three study corridors. A sample summary of recent evaluations is provided in the Appendix A-4. The evaluation of adaptive systems should consider the specifics of each corridor and the potential benefits from the adaptive system's algorithms. As an example, for a corridor that typically operates well using traditional signal coordination, but breaks down when traffic patterns change often and become somewhat unpredictable, a cycle -based adaptive solution typically works well. However, when a corridor experiences wide fluctuations in traffic patterns that are constantly unpredictable with heavy pedestrians and other types of traffic (e.g., trucks), then serious consideration should be given to non -cycle based systems that focus more on arrivals and departures between intersections, instead of corridor -wide coordination. City of Diamond Bar I TRT096010.16 - 5 Kimley*Horn 'I 1 - PV CITY OF DIAMOND BAR Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System ' System Procurement The procurement of an adaptive system for project corridors will be another key item. Because these projects involve both software and field construction elements, the preparation of the design documents must be coordinated with the adaptive system vendor and the field elements. Our team has recent experience developing successful approaches to the process of selecting and implementing a preferred adaptive system combined with the preparation of construction documents for low bid contractors. Some of the different procurement approaches Include making the preferred adaptive system an "approved equivalent,' having the construction contractor select the adaptive system based on performance specifications, or having two separate contracts, one with the adaptive system vendor and the other with the construction contractor. We will work closely with the City and the selected adaptive system vendor to determine the best procurement approach for the project. We have found that a critical element when implementing adaptive systems is the level of detail between the construction elements and the system elements (i.e., software and firmware). Based on our recent experience with adaptive systems, we have included in our proposed work plan the preparation of a Concept of Operations Report (ConOps), which will serve to bridge the gap between the selected adaptive system and the construction elements. The purpose of this ConOps is to ensure that what is minimally required for the adaptive system's infrastructure—such as detection, controllers, communications, and firmware—is all pieced together. The ConOps will also provide verification on the systems integration requirements and the overall cost of the project. If there are cost issues (i.e., costs are greater than funding limits), the ConOps will outline the concessions that can be implemented with minimal to zero degradation in the adaptive system's performance. Systems Engineering Analysis We recognize the systems engineering process has many moving parts to ultimately provide the best quality product to meet the needs of the stakeholders. Our team will initially review the proposed system goals and objectives and confirm any constraints as they compare to the requirements within the Systems Requirements document. Should any gaps be identified, collectively we will discuss and recommend any possible updates. Furthermore, our team will assist the City of Diamond Bar in developing an Initial verification and validation process for this system. Our team, as part of the Everyday Counts initiative brings to this project the experience of partnering with the FHWA to develop validation processes and tools for agencies to ensure that selected ATCS systems meet their performance objectives. We understand this process should be high level and flexible to accommodate vendor input once selected. We also propose having the operational analysis and development of the back-up timing plans be completed concurrently with the process r of selecting an ATCS vendor. This will allow for the team to gain a detailed knowledge of the traffic operations Issues along the corridor. Our team recognizes, and has consistently expressed to the City, the importance of spending time along a corridor to fully understand the traffic operations, not just to rely on modeled traffic. This will help identify and confirm the critical queuing locations and significant intersection relationships/coordination that will impact ATCS operations. Upon City's request, our team can also review and modify the current signal timing plans, saving City time and resources. This could be completed with targeted data collection at critical points to update potential traffic volumes. We also anticipate working with the City on utilizing the planned corridor performance measures to be setup In the upcoming year in review and updating of the base signal timing operation. Vendor Selection After our initial evaluation of the different ATCS technology, our team will develop a matrix of the different criteria recommended to be used during the evaluation of possible vendors. The matrix will consider appropriately weighted operational objectives with cost considerations. Having the criteria established at the same time the Request for Proposals (RFP) is being drafted, creating consistency between the requirements and the needs of the stakeholders, ultimately providing a best value selection for an ATCS system. Once the Request For Bid (RFB) is developed, the team will solicit ATCS vendors to respond and complete the Systems Requirements document. This will include addressing vendor comments as well as evaluating the vendor responses. The responses will be evaluated for accuracy, the extent of requirements met, and whether the methods of meeting the requirements are acceptable. KimlepMorn TRT096010.16 I City of Diamond Bar OR7 ITV OF DIAMOND BAR at= MIF Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System As stated earlier, integrating the Transuite system with Type 2070 field controllers and D4 software is complex, and understanding the nuance between ATCS systems, as well as between sequence -based and non -sequenced based operations, will be critical to the successful selection of a vendor. We are the only consultant nationwide that has such an in-depth understanding of different systems that we developed our own adaptive system called Kadence. By having developed Kadence we understand the nuances of interfacing local software, central software, and ATSC. Dr. Douglas Gellman, who is part of our proposed team, is the lead developer of Kadence. By assisting in the vendor selection process, the City benefits from the understanding that Kimley-Horn has of the different providers. As a peer and competitor we recognize the strengths and weaknesses of many of the potential vendors, and as consultants we have worked with many agencies in operating multiple ATOS systems. Should the City desire to hold interviews and/or demonstrations of potential systems, our team understands the language of vendors as it relates to traffic engineering issues and can assist the City in fully vetting the system requirements responses to ensure the selected vendor meets the operational needs of the City. Design and Operations and Training Upon selection of the ATCS system vendor, we will engage them on the proper design parameters, Including placement of detection and the software and hardware requirements. This will include the location and configuration of the field-based server to operate the system and how it will be accessed by the City. Our team will work with the selected vendor to monitor the construction costs during the course of this project. Our staff will appraise the training provided by the selected vendor and assist as necessary. From the user's guides our team developed for the National Signal Timing Manual, to facilitating and coordinating the Integrated Corridor Management and traffic signal systems training for multiple agencies nationwide, our team understands that staff need proper training in order for a project of this kind to succeed. Based on our extensive experience with adaptive systems and our own field observations of each corridor, we definitely concur with the approach to implement adaptive control along each of the selected corridors. An adaptive control solution where the system adjusts the operation minute -by -minute based on the actual traffic volumes would be beneficial for the corridor. These corridors have many of the characteristics that lend themselves quite well to adaptive control. One objective that we will evaluate closely is whether a cycle or non -cycle based system would be better suited. Some of the cycle based systems include SCATS, SCOOT, ATOS, and OPAC, while the non -cycle based systems Include RHODES and InSync. From our discussions with the City over the past several months, we understand the City clearly wants a system with the following functions: • Cycle, split, offset, and sequence tuning. • The ability to change the operational strategy by TOD — maximizing throughput in the AM and PM peaks and providing more equitable service to all phases during the midday and weekend periods. • A fully featured system with alarms, alerts, reports, and user security. • A system with configurable minimum and maximum bounds for phase timings and other user -configurable "knobs." • A system that operates like a modern actuated -coordinated traffic controller with fixed or floating force offs, and conditional service. Qualifications Firm Profile Kimley-Horn has the breadth of expertise and depth of staff to manage and deliver projects similar to the City of Diamond Bar's Adaptive Traffic Control System (ATCS) Project. Founded as a traffic and transportation engineering firm over 49 years ago, Kimley-Horn has grown and diversified under employee ownership to its present size of more than 2,500 employees in over 80 offices nationwide. Kimley-Horn's project managers are backed by the resources and talents of a nationally -ranked organization comprised of creative and results -oriented engineers, planners, environmental specialists, and technicians. With offices located throughout the nation, our staff utilizes the latest technology and Information to achieve successful results for our clients. Our project managers serve as the primary liaison to clients and, with the support of our proficient and responsive technical and administrative staff, meet the needs and exceed the expectations of our clients. City of Diamond Bar I TRT096010.16 7 - Kim ley»)Horn PV CITY OF DIAMOND BAR Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System Our firm is known nationally as atop consultant in the planning, design, and implementation of Adaptive Traffic Control Systems, Intelligent Transportation Systems, and Traffic Signal Systems. Some of our traffic systems and technology specialty areas include: • Adaptive Traffic Control Systems • Intelligent Transportation Systems • Traffic Management Systems • Software Development • Systems Integration • Strategic Planning and Early Deployment of ITS Technologies • Regional, Statewide, and Project -level ITS Architecture Development • ITS Construction Support • Technology Assessment and Life Cycle Costing • Traveler Information Systems and Services • Arterial Operations • Telecommunications Network Design and Implementation • Systems Software and Hardware Procurement As a team, we pride ourselves in our reputation of high standards of client service and partnership combined with our advanced technical knowledge. We not only have the in-depth technical expertise required for this type of work, but our key staff members are fully available to work closely with the City of Diamond Bar. While knowledge and expertise allow us to deliver well -thought-out technical solutions, our team's ability to listen and to understand your specific needs, and how those map to the specific features of the ATCS vendor offerings, set our team apart. Relevant Project Experience Kimley-Horn has experience with concept of operations, requirements, design, installation, development, implementation, and evaluation of over 30 ATCS systems across the nation in almost all 50 states. Kimley-Horn has been specializing in assisting municipalities in the evaluation/selection, planning, design, procurement, Installation/integration oversight, and before/after evaluations of adaptive systems for over 20 years in California. We have worked as the technical representative and advisor providing guidance to agencies on grant applications, system evaluations, and procurement strategies to minimize their risks. We have also assisted agencies in many other capacities, ranging from the preparation of detailed designs and technical specifications and preparation of multiple procurement documents for a single deployment, to working side-by-side with adaptive system vendors for deployment and testing. The following projects represent a sample of Kimley-Horn's relevant experience with projects of similar scale and complexity. We have also included references from the agencies responsible for procuring and operating the systems. We are proud of our working relationship with our clients and much of our success over the last 49 years is directly related to our efforts to perform high-quality, timely services for all of our clients. Adaptive Traffic Control System Evaluation and Design, Santa Clarita, CA (2015 -ongoing) Kimley-Horn was recently contracted by the City of Santa Clarita to complete a pilot evaluation and design of a new ATCS on the Rye Canyon Road, Copper Hill Drive, and'Seco Canyon Road Corridors, which includes 12 traffic signals along the three roadways and a signal within Caltrans jurisdiction. The City utilizes NEMATS2 cabinets while Caltrans utilizes Type 332 cabinets. Both agencies have standardized on the Model 2070 controller with the City using either the SEPAL (v3.4) or D4 controller software. Caltrans has standardized on the C8 firmware that has been ported over to run on a Model 2070 controller. Based upon the evaluation of the current signal and communication system, as well as City's needs and requirements, Kimley-Horn recommended SCOOT, Synchro Green, and QuicTrac as the three most feasible solutions for the citywide deployment. Team: Kevin Aguigui (Project Manager), Kwasi Akwabi (Project Engineer) Matt Wages (Project Engineer); Reference: Cesar Rome, City of Santa Clarita, (661) 286-4002, cromo@santa-clarita.com; Andrew YI, Traffic Engineer, City of Santa Clarita, (661) 225-3426, ayi@santa-clarita.com; Design/Implementation: $40,000/(anticipated) $220,000 March Lane Adaptive Traffic Control System, Stockton, CA (2015 -ongoing) Kimley-Horn prepared the plans, specifications, and estimate, as well as developed systems engineering documents, for the implementation of an adaptive traffic signal system at 19 signalized intersections along March Lane in the City of Stockton, CA. The March Lane project corridor includes two Caltrans signalized intersections and 17 signalized Intersections owned and operated by the City. Kimley-Horn worked with the City to coordinate with Caltrans regarding potential adaptive system options and traffic signal operations changes at their intersections. In addition, Kimley-Horn developed an adaptive system evaluation document to determine the most feasible system for the City's needs. Project deliverables included a Concept of Operations document, a System Evaluation document, and plans, specifications, and estimates. Team: Kevin Aguigui (Project Manager), Kwasi Akwabi (Lead Engineer), Matt Wages (Project Engineer), Vikas Sharma (Project Engineer); Reference: Todd Greenwood, City of Stockton, (209) 937-8611, told.greenwood@cl.stockton.ca.us; Design/implementation: $100,000/(anticipated) $1.3M Kimley>Morn TRT096010.16 I City of Diamond Bar I a F7ITV OF DIAMOND BAR Dtdn aaa'- f69Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System and Implementation of Adaptive Control System, 41st Avenue, ied by the City of Capitola to complete an evaluation of commercially available traffic adaptive control systems and provide a comparison against the specific needs and requirements of 41 stAvenue between Jade Street and the Highway 1 Northbound ramps. This section of 41 stAvenue is the primary thoroughfare for motorists traveling between Highway 1 and the Capitola beach area. The City does not currently operate a central traffic signal system. There are three different types of controllers operating along the corridor at City intersections: Econolite ASC -8000, Naztec 980 ATC, and Traconex TMP -390. Each controller runs in "free" mode at all times. The Caltrans intersections run on existing Model 170 controllers with Caltrans software. Kimley-Horn has completed the evaluation of adaptive systems and proposed three viable options to the City. The project design requires Systems Engineering Approach and FHWA coordination due to funding requirements. Team: Kevin Aguigui (Project Manager), Kwasi Akwabi (Lead Engineer), Vikas Sharma (Project Engineer); Reference: Steven Jesberg, City of Capitola, (831) 475-7300, sjesberg@ci.capitola.ca.us; Design (including integration oversight)/Implementation: $98,500/$350,000 Evaluation, Design and Implementation of Adaptive Traffic Control System, Lighthouse Avenue, Monterey, CA (2015-2016) Kimley-Horn recently completed an evaluation of commercially available traffic adaptive control systems and provided a comparison against the specific needs and requirements of the Lighthouse Avenue corridor connecting Cannery Row and the Monterey Bay Aquarium with Highway 1. The evaluation provided recommendations that form the basis for the selection of the preferred approach for an adaptive system for the City of Monterey. The City's traffic signals currently operate with TACTICS (Siemens) central system software on Siemens m50 and Eagle EPAC 300 controllers running SEPAL firmware (version 3.51 b). The existing cabinets along the Lighthouse corridor are Type P NEMA TS -2, Type 2 cabinets, with the exception of the cabinet at Irving Avenue which is a Type R NEMA TS -2, Type 2 cabinet. In addition, the City is currently operating transit signal priority (FSP) at all eight signalized intersections along this corridor. Kimley-Horn completed the evaluation of adaptive systems In March 2016 and proposed three viable options to the City. The project design requires Systems Engineering Approach and FHWA coordination due to funding requirements. Team: Kevin Aguigui (Project Manager), Kwasi Akwabi (Lead Engineer), Matt Wages, Vikas Sharma (Project Engineer); Reference: Andrea Renny, City of Monterey, (831) 646-3705, renny@monterey.org; Design (including integration oversight)/Implementation: $120,000/$515,000 Wilson Way Adaptive Traffic Control System, Stockton, CA (2012 -ongoing) This project involved 10 traffic signals including two Caltrans traffic signals along Wilson Way in the City of Stockton. Kimley-Horn prepared the needs assessment and system requirements for the City's first traffic adaptive control system. This effort included working closely with Caltrans, who own and operate two Intersections at the Highway 4 freeway Interchange. Following the development of the needs and requirements, Kimley-Horn conducted a detailed evaluation of commercially available traffic adaptive control systems, and worked closely with the City and Caltrans to select the preferred traffic adaptive control system. Once selected, Kimley-Horn worked to include the adaptive system elements of the preferred system including working with the adaptive system vendor and the cabinet manufacturers to ensure the procurement documents contained the requirements for furnishing, installing, and integrating the adaptive system elements. Kimley-Horn was involved in all steps of the evaluation; planning, and detailed design in order to achieve a complete system design including provisions for non -adaptive control, should the City wish to revert to normal operations. Team: Kevin Aguigui (Project Manager), Vikas Sharma (Project Engineer), Kwasi Akwabi (Lead Engineer), Matt Wages (Design Engineer); Reference: Dennis Yep, City of Stockton, (209) 937-8825, dennis.yep@stocktongov.com; Design/Implementation: $114,530/$900,000 Owner's Agent for Procurement of Adaptive Traffic Control System for the Ocean Street Adaptive Traffic Control Project, Santa Cruz, CA (2014 -ongoing) Kimley-Horn is assisting the City of Santa Cruz on the planning, design, procurement, and installation of an adaptive traffic signal system along Ocean Street and Water Street. These two corridors are the City's most congested and traveled arterials that experience both commuter and tourist traffic resulting in very unpredictable traffic patterns throughout the year. Kimley-Horn is preparing the Concept Designs including the Concept of Operations, System Requirements and other procurement documents. The procurement documents include the preparation of an RFP, systems integration, and testing plans. Team: Kevin Aguigui (Project Manager), Kwasi Akwabi (Lead Engineer), Matt Wages (Project Engineer); Reference: James Burr, City of Santa Cruz, (831) 420-5426,jburr@c4ofsantacruz.com; Design/Implementation: $29,965/$330,000 City of Diamond Bar I T1 096010.16 9 Kimley»> Horn PV CITY OF DIAMOND BAR Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System Grant Road Adaptive Traffic Signal System, Mountain View, CA (2009-2013) Kimsey -Horn provided design services to the City of Mountain View for an adaptive traffic signal system Implementation along Grant Road. Tasks included preparation of an existing system evaluation, an adaptive signal system solicitation RFP, review and evaluation of the adaptive system proposals, detailed design and coordination with selected adaptive system vendor, construction support, and implementation oversight. The City selected the InSync system and deployed the system on another City corridor. Kimley-Hom completed the final bid documents on Grant Road, Including plans and specifications, and conducted the before/after analysis. Team: Kevin Aguigui (Project Manager), Kwasi Akwabi (Lead Design Engineer), Matt Wages (Design Engineer); Reference: Sayed Fakhry, City of Mountain View, (650) 903-6311, sayed.fakhry@mountainview.gov; Design/implementation: $59,600/$394,000 San Mateo County/Menlo Park, KITS Smart Corridor ATMS, San Mateo County, CA (2014 -ongoing) Kimley-Horn Is deploying and integrating over 225 traffic signals with the KITS ATMS in San Mateo County. This smart corridor traffic management system includes deployments of KITS in 10 of the 20 cities in San Mateo County including San Mateo, Belmont, Redwood City, Menlo Park, and Caltrans District 4. The KITS system Includes Kimley-Horn's Kadence ATCS deployment in Menlo Park, future support for over 1,000 signals in San Mateo County, and over 1,500 signals managed by Caltrans District 4 throughout the Bay Area. The KITS incident detection and management module is used to identify traffic diversion from U.S. 101 onto local arterials and automatically engage incident response timing plans on the arterial streets. System fail -over and redundancy provisions are provided for multl-jurisdictional command and control. Team: Doug Gettman (Project Manager), Kwasi Akwabi, Matt Wages, Brian Sowers, Vikas Sharma (Project Engineers); Reference: Rene Baffle, City of Menlo Park, (650) 330-6770, RcBaile@menlopark.org; Design/Implementation: $200,000/$1.5 Million Implementation, Testing, and Guidance on the Validation of Operational Objectives for Adaptive Signal Control Systems Technology, Nationwide (2011-2073) As part of the Every Day Counts initiative, Kimley-Horn developed a generic validation process and tools for agencies to use to validate that selected ATCS meet their performance objectives. In addition, the process and tools can be applied to normal signal timing. This report documents the validation tools and methodology and summarizes the testing of these measures at a field site in Mesa, Arizona where an ATCS system has been deployed for over one year. The City of Mesa allowed the test phase to include approximately 30 days during which the ATOS was turned off and background coordination patterns were used Instead. The process and tools were developed in open source and available as part of the KITS performance monitoring software. Team: Doug Gettman (Principal Investigator); Reference: Edward Fok, FHWA, (415) 744-0113, edward.fok@dot.gov; Design/Implementation: $407,500/Fee Varies QStaffing Plan wit We understand that this would be the first large scale implementation of Adaptive Traffic Control System (ATOS) not only in Los Angeles County but in Southern California. Due to the challenges you face, we have carefully assembled a team with the technical expertise, direct experience with similar projects within California, and commitment to the highest standard of quality and client service that will make your project as successful as you have envisioned. Our proposed organization chart is provided to the right: Kimley*Horn -Tusk lead 10 TOT096010.16 I City. of Diamand Bar rrCITY OF DIAMOND BAR Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System 1111 Vikas Sharma — Project Manager Vikas has over 11 years of experience in traffic engineering design, operations, and transportation planning. His primary areas of expertise include traffic signal and adaptive systems, ITS hardware/software, implementation of signal systems, and ITS projects including feasibility studies, system design, analysis, deployment, construction phase oversight, management and continuing operations and maintenance. His areas of expertise include Active Traffic Management, Communications Systems Design, Traffic Management Center (TMC) Design, and Traffic Signal Synchronization. Throughout his career, Vikas has worked with numerous agencies in Los Angeles and Orange County and managed or assisted with managing major regional programs including the OCTA Regional Traffic Signal Synchronization Program (RTSSP), Tiers 3 & 4 Traffic Signal Infrastructure Upgrades for the San Bernardino Association of Governments (SANBAG), and the MTC PASS program in the Bay Area. In addition, Vikas has completed several pedestrian and bicycle planning studies, roundabout analysis, parking studies, transit studies, adaptive systems evaluation and design, and traffic impact analysis. He is proficient in a variety of software packages Including Synchro 9.0, VISSIM 8.0, Traffix, SIDRA, Tru -Traffic TS/ PP 11.0, Limdep, AutoCAD, and HCS. Vikas brings a unique blend of in-depth technical knowledge of various traffic signal systems (an expert in programming Type 2070 Controller with D4 software) and direct applicable ATCS project experience that will benefit the City immensely. Kevin Aguigui — Project Director/Principal-in-Charge With 26 years of experience, Kevin is a technical specialist in the evaluation, design, and implementation/integration oversight of ATCS and ITS networks. He has served as a project manager or project director for 8 out of 10 of the most recent ATCS planning, design, and evaluations in the state of California. He has evaluated and designed the Implementation of numerous adaptive control system software packages and participates in the TRB A318 committee on adaptive systems. He has also served as a technical specialist for numerous municipalities interfacing directly with traffic system manufacturers and integrators. Kevin has conducted numerous technology evaluations, prepared several ITS strategic and master plans, and conducted Systems integration for many different types of networks and systems. He has also implemented and Integrated all forms of communications networks including configuration and testing of field elements and network equipment for both wired and wireless systems. Mark Dunzo — Technical Advisor Mark has over 22 years of experience in the planning, design, integration and operation of computerized traffic signal system and ITS projects. He combines this knowledge with a thorough understanding of national standards and national ITS architecture. His recent projects Involve technical aspects such as evaluation and implementation of adaptive systems; evaluation and procurement of probe -based travel time technologies; planning, design, and implementation of multimedia (fiber optic, twisted pair copper, wireless, and leased line) IP/ethernet based communications networks; evaluation, procurement, and implementation of advanced traffic management system (ATMS) software packages; and ITS and operations program assessments. Mark has extensive project and program management experience, having led multi- phase/multi-year ITS programs. Through these projects Mark has gained extensive experience in telecommunications, software, and systems operations. He has authored several papers and presentations on signal system and ITS components and technologies. Kwasi Akwabi — Bidding Support Task Lead Doug Getiman — ATCS Evaluation and Design Dr Gettman has 22 years of experience in adaptive traffic control, autonomous and connected vehicle, Intelligent transportation systems management software (central and field controller), and transportation system modeling and simulation. He has developed, deployed, integrated, and supported ATCS systems for cities, counties, and state DOTS across North America; including several in California. Dr. Gettman has been the principal investigator on five significant FHWA programs including ACSLITF, Surrogate Measures of Safety Software, and NCHHP 03-90 operation of traffic signal systems in oversaturated conditions. He is author or coauthor of over 25 peer-reviewed research papers and FHWA reports. Kwasi is a transportation, communications, and systems engineer with more than 11 years of experience specializing in adaptive traffic signal systems, traffic signal design, and arterial ITS projects. He has worked on more than half a dozen adaptive traffic signal system planning, evaluation, design, and implementation projects. In addition to Kwasi's extensive adaptive system experience, he has also worked on several traffic signal interconnect projects using various media including twisted copper, fiber optics, and wireless communications. Kwasi has been directly responsible for overseeing the construction, integration, and implementation of several of these systems. City of Diamond Bar ITRT096010.16 I I - Ki mley>» Horn Ow PV CITY OF DIAMOND BAR Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System Brian Sowers — ATCS Evaluation and Design/Construction Support & Implementation c Brian is a professional civil engineer and project manager who specializes in signal timing (over 3,000 signals), signal design, a., signal interconnect design, signal system design and evaluation, signing and striping design, street lighting design, traffic impact studies, and analysis and design for Intelligent Transportation Systems (fiS). Brian is not only a regional, but a national level expert in signal timing. For the past five years, he served as project manager for Kimley-Horn under the PASS program and was project manager under the former MTC Regional Signal Timing Program (RSTP) for each cycle of the program. pMatt wages — Before/After Study Task Lead Matt Is a transportation engineer with more than nine years of experience in traffic signal design, signal timing, and roadway ell� design projects. His system integration and signal timing experience includes data collection, development of` Synchro models, analyses of potential cycle lengths, database conversions, and traffic signal controller integration. Matt has worked on several design projects in which he was involved in data collection, creation of CADD plans, and signal and Interconnect designs. He is proficient in the latest versions of AutoCAD, MicroStation, Synchro, and Highway Capacity Software. Sri Chakravarthy — Bidding SupportlConstmWon Support & Implementation Sri has more than 12 years of traffic engineering and transportation planning experience. Since beginning his career with Los Angeles County prior to joining Kimley-Horn, Sri has participated in a wide variety of traffic signal synchronization and ITS operations projects, as well as on-call traffic engineering services. His expertise includes traffic signal operations, traffic signal design, traffic impact studies, corridor planning, signal justification studies, and site-specific traffic circulation and safety studies. His focus areas include traffic signal design and signal timing, ITS, transportation modeling, grant applications, and statistical analysis. [i Proposed Work Plan Task is Project Management This task includes project management related tasks and meetings to consist of preparing project schedule, preparation of invoices/progress reports, budget oversight, adherence to project scheduling, and general project coordination. Kimley-Horn Project Manager, Vikas Sharma, P.E., will lead this task and serve as the primary person communicating with the City's Project Manager. Within one week of Notice to Proceed (NTP), Kimley-Horn will submit a project schedule detailing the project tasks, major deliverables, and key milestones. The project schedule will be maintained throughout the project and updated as necessary to reflect actual progress. Kimley-Horn will provide the City with periodic updates of the schedule as changes are made. Task 1.1—An initial Kick-off meeting will be arranged with City staff to review and discuss some of the elements associated with the project and to review the project schedule, deliverables, and refine the overall project approach. The Kimley-Horn Project Manager and task leaders will attend the Kick-off Meeting. With your involvement, we will review the proposed project approach and deliverables and set timetables for consultant deliverables, City review periods, scheduling of implementation, and other administrative details. We will also collect any available data for the project, including: [ASK 1: PROJECT MANAGEMENT Kick -OR Meering Project Meetings (up to 12) Preparation of Reports to LA Metro 'T1 Data Collection 22 Before Study Report - 1 3.1 Evaluation of Adaptive Systems 3.2 Detection Assessment 3.3 Concept of Operations Report 3.4 System Requirements Report 3.5 Verificafion Plan 3.6 Validation Plan 3.7 Systems Engineering Management Plan Hard copies or electronic copies of the existing timing sheets at study Intersections 111111 Traffic signal as-builts, including existing detector mapping 41 Draft Request for Bids and configuration 4.2 Final Request for Bids Historic traffic volume data (as available) Kimley»)Horn 5.1 Respond to Requests for Information 5.2 Support with Procurement Documents 5.3 Assist City with Vendor Selection _ 5.4 Coordination with Selected Vendor 5.5 Detection Design For Selected Vendor r 6.1 Technical Support 6.2 Assist City with Acceptance Testing , 6,3 Training and Vendor Compliance 6.4 Verification Report 6.5 Validation Report , 7.1 Data Collection 7.2 Before Study Report- . � &I Draft Project Report 0.2 Final Project Report TRT096010.16 1 City, of Diamond Bar CITY OF DIAMOND BAR DLAN9RDFYA ' Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System Task 1.2 — In addition to the Kick-off Meeting, Kimley-Horn will arrange and attend monthly progress meetings/conference calls, as needed, to discuss the project progress, schedule, and any other pertinent Items, The Kimley-Horn Project Manager, and other staff as pertinent to the discussion, will attend the progress meetings. Based on the proposed project schedule, an estimated twelve (12) progress meetings are included in the scope of work and fee. Monthly project status reports will be prepared and submitted to the City along with project invoices. These reports will document work completed within the last month, work projected for the next period, issues to be resolved, and information required. Task 1.3 — Kimley-Horn will assist with preparation of reports to LA METRO to meet the funding requirements for this project. We have assumed up to 50 hours for this task. Task 1 Deliverables: 1. Attendance at Kick-off meeting 2. Attendance at up to twelve (12) project meetings 3. Meeting Notes 4. Project Schedule, maintained and updated throughout the project 5. Monthly project status reports 6. Assistance with preparation of project reports to LA METRO Task 2: Before Study Task 2.1— Background Data Collection: Kimley-Horn will walk the three project corridors to observe existing traffic conditions, pedestrian conditions, and bus operations during the peak periods and one weekend period, as well as assess existing lane configurations, signal phasing, posted speed limits, existing bus stops and routes, and visible utilities (above and below ground). We have already collected the majority of this information, thus we will hit the ground running when we begin this task. Task 2.2 —"Before" Study: A floating car "Before"Travel Time Study will be conducte or Wilson Wa The study will be conducted in accordance with the ITE Manual ofTmnsportation Studies methodology. Up to six (6) runs wi a con ucted In each direction along the corridor during each of the weekday AM, midday, and PM peak periods, and one weekend two-hour period. In addition, we propose to conduct up to three additional travel runs that will originate from one of the side streets and end on another one of the side streets. In other words, these additional runs will be for routes that are not only on the arterial, but will constitute a "turn and turn" route. This will provide data on getting into and out of each corridor. We will also explore use of Bluetooth technology for traveltime data collection. Lastly, we will collect average stopped delay and queues in the field at three locations along each corridor under the "Before" study. The "Before" study will be summarized for the three corridors and will include the average travel time, stops, total delay time, speed, distance traveled, stopped delay, and queues. Kimley-Horn will submit a summary of the "Before" information to the City. Task Deliverable. • Copies of "Before" Study Information Summary Task 3: ATCS Design Task 3.1— Evaluation of Adaptive Systems: Because we have a solid understanding of the study corridors, we will be able to immediately evaluate the commercially available adaptive systems against the specific and relevant operating and functional features for which the City is looking. Based on this understanding of the corridor, we will conduct the literature research and data gathering of the adaptive systems to be evaluated at the start of this task. We will be able to conduct comparisons between the system performance expectations and the capabilities of each adaptive system very effectively based on our background knowledge. Kimley-Horn will analyze presently functioning ATCS software packages, compare their functions and features, make determinations of which systems would be most desirable for the City corridors based on the system performance expectations, and make a recommendation for the three preferred systems with pros and cons for each. We will assess the required changes to the system, Including field equipment, to accommodate the adaptive system and estimate costs. We believe that this will be an iterative process given that the cost of the changes may exceed the available budget. Should this be the case, we will identify any concessions or trade-offs that can be made and still produce an City of Diamond Bar I TRT096010.16 13 - Kimley)))Morn PV CITY OF DIAMOND BAR Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System effective adaptive system. For example, to meet a system's ideal requirements, new loops may be necessary. However, existing loops may be used, but this may result in lesser accuracy for determining vehicle queue lengths or even travel times. We will identify these trade-offs and quantify the extent of their implications on the system's operations. The Appendix of this proposal provides more background information on current adaptive systems. ATOS Deployments in the US •VanennVer �Hlllsbora - 'Ne Gresham A Beaverton _ *Redmond I Min eapolisdirminneapolis - r Oakland Coumy - 99 • *LonmlaLd ,*Santa Rosa I /♦Park Cby- - las MRudeville Stockton • SanRamon Menlo Padc>yvtountaln dew Clara. -. DOW D Sal Lake City Sunnyyald�Salinss ' •INSYNC plantaBartram • ACS LII♦ Canard SMaheim San Diegolra Calm Chula Yst ATucs LEGEND • OPAC •INSYNC ♦ RHODES • ACS LII♦ * SCATS ■ SynchroGrten ■ SCOOT Chicago•Ao ArhorM: Montgomery °9 'i - CddlsloO %*ingot Prussia *Bear Chnsliana Gahanna nherty Pickerington Rbslony To ekao SLeas Summit Arington Qenexa� *Columbia , _Chesapeake wichilaO Joplin- Durhamaff` m StiHugers CM . Spnngdale'_ Cobb County •LIBIe Rock * aAlken I *Evans Grapevine Richardson- - Forth orih� •Tyler Creek . �, t. Houston al Creek n eCounry Pasco Counlyt cc Pinellas County i 0grevard County Bradenton A Collins County The figure above shows most of the existing adaptive systems currently deployed in the United States. This is not a comprehensive representation of all the adaptive systems, as there are other adaptive systems, but those other systems are smaller deployments that in some cases are no longer in use. We propose to include the following systems to be evaluated as part of this project: • ACS Lite • OPAC • SCOOT • InSync • RHODES • Synchro GREEN • Kadence (Kimley-Horn System) • SCATS We believe all of these systems satisfy the initial criteria of being deployed for at least two years in at least five different agencies. We have extensive experience with all of these adaptive systems and our evaluation will focus on the applicability and effectiveness of each of these systems to improve transportation and air quality conditions along the proposed corridors. As a starting point, we will interview the following agencies who have existing adaptive systems (listed below with their associated adaptive systems): • Stockton, CA (InSync) • Mountain View, CA (InSync) • Ann Arbor, MI (SCOOT) • Menlo Park, CA (SCATS) • Houston, TX (ACS Lite) • Austin, TX (Kadence) • Sunnyvale, CA (SCATS) • EI Cajon, CA (ACS Lite) • Chesapeake Bay, MD (OPAL) • San Ramon, CA (InSync) • Minneapolis, MN (SCOOT) This is an initial list and we will refine the list after discussions with the City. Our approach is to gather feedback from at least two existing deployments for each adaptive system. Kimley>»Horn 14 7RT096910.16 City, of Diamond Bar k� ( C H 0;7: IT Y OF DIAMOND BAR u �"691rlr Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System The initial evaluation criteria that will be used includes the following: • System compatibility (with Type 2070 Controllers with D4 firmware, Type 332 cabinets, Transuite Central System, and the City's existing communications network) • Ease of use • Low maintenance cost • System and component reliability • Adaptive operation options/reversibility • Open architecture and compliance with NEMA and NTCIP standards (to the extent possible) • Remote diagnostics (Ume schedules and adaptive adjustment procedures) • On-line help from vendor/provider • Data management and signal timing database management (e.g., USB, automatic backup, ease of data transfer) • Warranty (hardware and software) • Technical support (availability and quality) • Integration/support for preemption and priority operations • Detection accuracy • Failure monitoring, alerting/reporting • System deployment history • Performance at existing deployments • Ability to combine and separate signalized intersections for adaptive control based on demand • Costs (system deployment and ongoing maintenance) • Accommodating pedestrians and bus movements • Cycle versus non -cycle based operations This is not an exhaustive list, and we will work with the City to refine and develop a complete list in order to perform the optimal evaluation and selection of the adaptive system for the corridors. Upon completion of this task, we envision that a preferred adaptive system will be selected for the corridor. Once that decision has been made,. we will prepare an Evaluation Summary Report detailing the evaluation process and the results of the selection. From there the process will move to Detection Assessment (Tasks 3.2) and prepare a Concept of Operations Report (task 3.3). Task 3.1 Deliverable. • Adaptive System Evaluation Summary Report Task 3.2 — Detection Assessment: Kimley-Horn will review the existing detection configuration at each project intersection, based upon as -built Information by the City, and provide the City a list of required modifications to the existing detection or the need for additional detection for the selected system. If information on the as-builts is not sufficient for making an accurate assessment of the existing detection configuration, Kimley- Hom will attend a field meeting with City to gather the necessary information for the assessment. Any changes to the existing detection will be completed by the City. Task 3.2 Deliverable., • Memorandum on required modifications to existing detection We will follow the Model Systems Engineering Documents for Adaptive Signal Control Technology (ATCS) Systems as a guidance for developing Systems Engineering Documents from Task 3.3 to Task 3,7 as explained in the following sections. Technology is a quickly changing world with constant innovation. Because of its rapidly changing nature, planning technology projects requires a needs -based approach to ensure the technology is a solution to a problem, not deployed just for the sake of modernization. The Systems Engineering approach aligns the user needs and operations environment with the technical. Systems Engineering Process The Systems Engineering (SE) process is a best practice for implementing software and ITS projects to mitigate risks associated with technology implementation. City of Diamond Bar I TRT096010.16 15 Kimlep Horn ZRI PV CITY OF DIAMOND BAR Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System 4 Task 3.3 — Concept of Operations (ConOps) Report: The Kimley-Horn team will develop a Concept of Operations (ConOps) that is technology -independent and represents each stakeholders' point of view. The ConOps will include operational scenarios for the entire lifecycle of the technology, including operations and maintenance. It will clearly define the needs for the system and relate those needs to the proposed system. The ConOps will be written from the perspective of the City Public Works and IT, and the end users of the transportation network. It will relate the expected capabilities and potential benefits to the identified deficiencies and limitations in previous tasks. We will hold a series of stakeholder workshops to develop and vet the operational scenarios and understand the current and future operations and any constraints or opportunities there are. In advance of the workshop, we will create "straw man" scenarios for the stakeholders to provide initial feedback. The operational scenarios will be deconstructed to Include: • Major Incident scenarios • Normal congestion • Maintenance—preventative and reactive • Center to Center information sharing • And other scenarios as needed The Kimley-Horn Team will develop a draft ConOps using the outline from FHWA's Systems Engineering Guidebook and recreated in the RFP. We will address one round of consolidated comments and submit a final ConOps. This will then be used to define the requirements and will be the beginning of the traceability that will carry through the entire Systems Engineering process. Task 3.3 Deliverables • Operational Scenario workshop • Draft ConOps • Final ConOps Task 3.4 — System Requirements Report: The Kimley-Horn Team will develop the System Requirements using the needs and scenarios developed in the ConOps. The System Requirements will be divided into the following categories: Categorization of Requirements Requirement Category Description Functional requirements What the system is to do Performance Requirements How well it is to perform Non-functional Requirements Under what conditions it will perform Enabling Requirements What other actions must be taken in order for the system to become fully operational Constraints Limitations imposed on the design by agency's policies and practices, such as type of software, type of equipment, and external standards Interface requirements Definitions of the interfaces between sub -systems or with eternal systems Data Requirements Definitions of data flows between sub -systems or with eternal systems The requirements will be written in a clear, traceable format to facilitate testing. They will be individually numbered and use language that shows specifically which requirements are "must" or "shall" statements and which are "preferred" or "should" statements. The requirements will be vetted with the stakeholders In a requirements walk-through workshop to capture City comments. Kimley-Horn will deliver a draft and final requirements report. This document will set the technical scope of the system to be built and would serve as a basis for verifying the system and sub -systems in Verification Plan in Task 3.5. Task 3.4 Deliverable. • Draft and Final System Requirements Report Task 3.5 — Verification Plan: Kimley-Horn will prepare a Verification Plan that describes how the system will be tested to ensure that it meets the requirements. The following three levels of verification documents will be prepared to assist the City and vendor In conducting verification: • A plan to initially lay out the specific verification effort Kimley»)Horn 16 TRT096010.16 I City of Diamond Bar OP7 IT Y OF DIAMOND BAR - Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System • The detailed verification plan that defines a detailed mapping of the requirements to verification cases • A report on the results of the verification activities Task 3.5 Deliverables: • Draft and Final Verification Plan Memorandum Task 3.6 — Validation Plan: We will prepare a Validation Plan that describes how the performance of the system will be measured to determine whether or not the needs expressed in the ConOps have been met. It will describe the measures of performance that will be used, the data that will be needed, and the type of analysis that will be appropriate. This will include a description of the data and analysis that will need to be available from the proposed system, as well as other data collection and analysis that will be undertaken external to the system. Task 3.6 Deliverable: • Draft and Final Validation Plan Memorandum Task 3.7—Systems Engineering Management Plan: Under this task, Kimley-Horn will compile all the systems engineering documentation for design of selected ATCS system. Task 4: Preparation of Request for Bids Task 4.1 — Draft Request for Bid (RFB): Kimley-Horn will assist the City in ATCS procurement process by preparing RFB. The document will include the following: 1. Notice of invitation for bids 2. Information for bidders 3. Scope of Work 4. Schedule 5. Evaluation criteria and process 6. Technical specifications (ATCS Requirements) 7. Complete Bid Package (bid proposal form; ATCS Design including ConOps, system requirements, verification plan and validation plan; certification of bid; affidavit on non -collusion; surety (bid) bond terms etc.) 8. City and LA Metro's Contract Terms The draft RFB will be provided to the City for review and input. In addition, Kimley-Horn will prepare an estimate of probable cost for the selected system to assist the City with procuring and implementing the system with best value. Task 4.1 Deliverables: • Draft RFB • Draft Memorandum with Opinion of Probable Cost Task 4.2 — Final RFB: Based upon one round of comments provided by the City, Kimley-Horn will revise and provide a final RFB document for the City for release to prospective bidders/vendors of the shortlisted ATCS systems. Task 4.2 Deliverable: • Final RFB for advertising Task 5: Bidding Phase and Construction Phase Services Bidding and construction phase on-call engineering support will Include answering technical questions from the City and vendor during the bid and award of the contract, review of submittals, responding to contractor requests for information (RFIs), review of contract change orders, and preparation of up to two (2) addenda to the Procurement Document. Also, any coordination with the adaptive system vendor during the bidding phase Is Included. Attendance at up to two (2) construction meetings, including the pre- and post -construction meetings is included in the scope provided for Task 5. Additional services that can be provided by Kimley-Horn, if requested by the City, include preparation of substantial completion punch lists and any new design resulting from construction or for convenience of the adaptive system vendor. City of Diamond Bar ITRT096010.16 17 - Kimley>»Horn 7 PV CITY OF DIAMOND BAR Proposal to Develop a Procurement and Implementation Plan for ar Adaptive Traffic Control System Bidding services will be provided on a time and materials basis, based on hourly billing rates, up to the maximum number of hours as indicated in the sealed cost proposal. Kimley-Horn will notify the City upon reaching approximately 80% of the approved level of effort and provide recommendation or request additional contract authorization if necessary. Additional services will be provided if requested by the City, subject to additional fee. Task 5 Deliverables: • Review and preparation of responses for submittals • Preparation of responses for RFIs • Review and preparation of responses for CCOs • Preparation of up to two (2) addenda to Procurement Document Task 6: Implementation Services Kimley-Horn staff are well versed in this stage of the deployment of adaptive systems. We know that this is the most critical phase of any adaptive system and we have extensive experience in the troubleshooting, integration testing, acceptance testing, and integration oversight of several successful adaptive systems. In fact, clients have hired Kimley-Horn specifically to be an extension of agency staff during this phase of implementation. We will assist the City and the adaptive system vendor in the field during the cutover of the existing system to the adaptive system. We regularly perform this specific type of work and will provide hands-on technical assistance to troubleshoot and fine-tune the new adaptive settings and timings. Task 6.1—Technical Support: Kimley-Horn will assist the City and the adaptive system vendor during the system integration and post construction stages of the project. This includes attendance at meetings with the City and/or vendor, field meetings to support the integration of the adaptive system with the City's central system and TOC connections, and general oversight of the adaptive vendor. We have assumed up to 48 hours for this task. Task 6.2 — Detection Design: Good detection and maintainability of that detection, is a fundamental ingredient to effective traffic control (adaptive or otherwise). Once a system is selected, Kimley-Horn will complete a field review with the City and selected vendor to determine if supplementary detection will be necessary for the selected ATCS system to operate properly. The City currently uses video and loop detection at the study Intersections and based on our experience, the existing Type 332 cabinets may potentially have detector input limitations to accommodate the required system detection for adaptive traffic signal operation. We will assist the City in configuring location, length, and other parameters for each advance loops or zones. Task 6.3—Assist City with Acceptance Testing: Testing and verification of functionality is a critical component of system deployment using a systems engineering approach. We will use the technical specifications as a guide in the preparation of the Acceptance Test Plan (ATP) for the adaptive system. This ATP will be used as the system is deployed, but before it is accepted by the City. It will include test parameters, test setup and scripts, and desired outcomes. We will also outline In the ATP the role of the vendor and the City on the testing environment. Task 6.4—Training and Vendor Compliance: Kimley-Horn staff will coordinate with the selected vendor to monitor compliance with system requirements and provide onsite training of technical skills needed to effectively operate and maintain system features and components. For this project, we will package the initial training in a two-day format of intensive classroom sessions, hands-on sessions, field visits, and Q&A sessions. Kimley-Horn staff will remain available to the City throughout the duration of this project for on -the -spot training and assistance via phone, on-site visit, or web VPN login. Kimley-Horn's focus for training would be Type 2070 controllers with D4 firmware settings while the vendor would focus on system details and functionality. Lastly, as a value-added service, we will deliver the following documents working closely with the adaptive system vendor: • System Troubleshooting Guide • Staff Training Plan • System User's Manual • System Operation and Configuration Manual In addition to the documents listed above, we will develop a short "How -To" guide which is intended for the City and Caltrans to use as a quick reference for operations and troubleshooting of the system once it has been accepted. Kimley>»Horn 18 TRT096010.16 I City of Diamond Bar V CITY OF DIAMOND BAR p6A.M4l�Di Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System Task 6.5 —Verification Report: As part of the testing and verification of operations, a period of observation and evaluation of the newly implemented system is necessary. In Task 6.5, the Klmley-Horn team will maintain a list of Issues that were encountered during the evaluation and identify how each problem was rectified. Within 15 days after the Operational and Performance Testing has been completed, Kimley-Horn will submit a report of these results to the City. The report will include the following; • A summary of the overall test results highlighting the general conclusions of the testing and any problems found and corrected • An appendix containing the test results and data used in evaluating the system's operational performance in the acceptance test plan for verification purposes Task 6.6 — Validation Report. Kimley-Horn staff will enable adaptive mode and monitor adaptive operation on-site in conjunction with City personnel for up to one week to observe any special conditions, make any necessary modifications to system configuration parameters, and verify that implemented system is responding appropriately and improving flow on the corridor. At the conclusion of adaptive system deployment, Kimley-Horn will provide the City with a system configuration report that details the detection setup and system configuration settings. Task 6 Deliverables; • ATP (Kimley-Horn) • Type 2070 controller with D4 software training materials (Kimley-Horn) • System Troubleshooting Guide (Vendor assisted by Kimley-Horn) • System User's Manual (Vendor assisted by Klmley-Horn) • System Operation and Configuration Manual (Vendor assisted by Kimley-Horn) • Verification Report (Kimley-Horn) • Validation Report (Kimley-Horn) Task 7: After Study Kimley-Horn will conduct an "After" study for the three corridors and prepare a report to document the changes In intersection operations before and after the adaptive system implementation. This "After" study will be consistent with the "Before" study that will be conducted under Task 2. Task 7 Deliverable. • Technical memorandum with Before and After MOE comparison Task 8: Final Report With a project of this magnitude, documentation is an important component to the longevity of the installed systems and components. Kimley- Horn will develop and deliver all the requested documentation as identified in the RFP. Each document will be identified using the City and internal Kimley-Horn project document numbers for later reference. Revisions will be tracked accordingly and the status (development, draft delivery, in revision, and final delivery) of each document. Posting implementation and monitoring, Klmley-Horn will prepare a final Project Report that links all ATCS documentation prepared over the course of the project including system engineering documents, RFP, responses, selected vendor, detection design, before and after studies, testing and verification plans etc. We will address one round of consolidated set of comments on the draft report and prepare a final project report for submittal to City and LA Metro. Up to four copies of the final project report will be provided. Task 8 Deliverables: • Draft Project Report • Final Project Report ©Proposed Schedule Klmley-Horn has over 20 years of experience with the ATCS design and implementation. We thoroughly understand the process and recognize that ConOps and System Requirements are longer lead items in design activities and included system engineering experts on our proposed team. This would allow us to complete ATCS Design and Implementation within 18 months from notice -to -proceed (NTP); which is four months ahead of the project schedule presented in the RFP. We propose to complete the entire project including design and construction (by vendor) by January 2018. Please see our proposed project schedule on the following page. City of Diamond Bar I TRT096010.16 19 - Ki m I neyo)) H o r n TV OF DIAMOND BAR ►�►— Proposal to Develop a Procurement and Implementation Plan for an Adaptive Traffic Control System Proposed Project Schedule (18 Months) Task l: Project Management 392 days Fit 7/1/16 Mon 1/1/18 1.1 kick Off Meeting lday Fri7/1/16 Fri 2/1136 1.2 Project Meetings (up W 12) 321 days Mon 8/1/16 Mon 1/1118 1.3 PreWrIIlon of MPOM to LA Metro 321 days Mon 8/1/16 Mon 1/1118. Task 2: Before Study 30 days Man 2/4/16 Fri 3/1416 2.1 Background Data Collection Sdo, Mon 7/4116 17r17/8116 2.3 Before Study affront 5days Mon S/8/16 Fri 8/12/16 Task 3: ATC5 Design 108 days Tue 8/2/16 Mon 12/19/1 3.1 Evaluatfan ofAdapdve Systems 15 days Tue 8/2/16 Mon O/22/16 3.2 selection Assessment Sdays Too 912116 Mon 9/8/16 3.3 Concept of Operations Report 21 days Mon Mon 9/12/16 Wed 8/2/12 Fri 8/18/12 Fit Training and Vanda, Compliance 8/15/16 CiryRevlew Pedod 15doys Tue9/13/16 Mon 10/3/16 3A System Requirements Report 2do, Tue9/13/16 WH9/R/16 CiryRevlew Period]tlays 36 S"alidation Report TF.5122/16 '69130/163.5 Verlfkatlon Plan 5days Thu 9/29116 Wed 10/5116 3.6 Validation Plan Sts Thu 10/6/16 Wed 10/12/1 3.7 Systems Emineenn9 34daW Tue9/13/16 Fri 30/28/16 CiryRevlew Period 14 days Task 4: Preparation M Request far Bids 28 days 4.1 Draft Request far 15 days 22 4.2 Final Request far Bids Task 5: eldding Sarl H S.l Respond to Requests for Information Edo, 53 days 36 days Mon 12/12/1 Man 12/19/1 Toe 12/20/11Thu 3/2/12 Tue T.212/12 12/20/16 25 S.2 Somal i[h Forces..l 26 days Toe 1/10/12 Tire 2/14/17 Become.. 1. 5.3 Asnst City ]days Wed 2/151171TU 2/23/12 5.4 Gordlnatlan with Selected Vendor 18 5days If 2/24/12 Thu 3/2/12 TaskTask 6: Implementation psalkes 212days Fd 3/3/1] Mon 1/1/18 9 6.1 Technical Support 212 days Fri3/3/12 Mon 1/1118 3 6.2 Detection Design 15 days Fri 3/3/12 Thu 3/23/12 1l City Review Pend 6doys Mon 4/24/12 Mon 5/1/12 I, System Construction faced., Task) 69 tlays Tue512112 RIB/4/12 13 6.3 Asoisl city wiin Acceptance Troon, 13 days Wed 8/2/12 Fri 8/18/12 Fit Training and Vanda, Compliance Sdays Mon Fri 8/25/12 8/21/12 35, 6.5 Verification Report 33 days Wed 8/2/12 Fri9/15/12 36 S"alidation Report 10 days Man Fri R/29/17 9/18/12 12 Task 2: Aker Study 10 days Man Of 10/13/37 l0/2/12 Ie, 2.1 Data Oilts.ion 6doys Mon Sat10nJ17 0/2/12 191 7.2 After Study Report 5days Mon Fd 10/13/17 10/9A7 8.1 Draft Project Report City ReviewPedod 8.2 Final Project Report 339 days Tim 8/2/16 Fri 11/12/12 11 days Mon 11/20/1 Mon 12/4/1: 28days Toe 12/5/17 mon 1/1/18 S amber, 1 ,a Muhl IS¢F,an4rl -aria eras— a4mIs. erre vss_ I_ zrrzM ln2 an sn clu ver— Zap em I 1 f 1 FI 1� �1 vara 11 Pmind:Proposed PrlectStM Ta A. CMRwk+' Wei ♦ ea 11 assic ia4. Manaal5unevn BWm SMA anh C truolTms, pa 1. ♦ -byes w ry M Date: W(d $(18/16 Area ............. Mee4ys • • ..a. * eme,a Summary wal A4leswre murosl Summary f-1 PoOlruiy ] Eanil RLlcu'e 0 Vm3rcm City of Diamond Bar I TRT096010.16 wU n�nawola�ll �r Kimley»)Horn CITY OF DIAMOND BAR Proposal to Develop a Procurement and Implementation Plan for an laptive Traffic Control System Fee Estimate Project Manager Technical Advisor Kimley-Horn and Associates, Inc. Professional III I Professional 11 1 Analyst I Project Support I Admin Support (ATCS) City of Diamand Bar I TRT096010.16 Kimlep Horn Hourly Billing Rate $150.00 $220.00 $185.00 $150.00 $125.00 $125.00 $90.00 Total Hours Labor Cost Task 1 Project Management 48 6 0 28 44 12 18 156 $ 21,340.00 1.1 Kick-off Meeting 4 4 2 2 12 $ 1,630.00 1.2 Project Meetings (up to 12) 36 6 12 24 6 10 94 $ 13,170.00 1.3 Preparation of Reports to LA Metro 8 12 20 4 6 50 $ 6,540.00 Task 2 Before Study 6 1 0 2 38 0 6 53 $ 6,710.00 2.1 Background Data Collection 2 20 22 $ 2,800.00 2.2 Before Study Report 4 1 2 18 6 31 $ 3,910.00 Task 3 ATCS Design 80 47 77 146 223 0 20 593 $ 88,160.00 3.1 Evaluation of Adaptive Systems 20 15 25 25 4 89 $ 14,410.00 3.2 Detection Assessment 12 4 32 60 108 $ 14,840.00 3.3 ✓ Concept of Operations Report 10 4 6 26 42 4 92 $ 13,000.00 3.4 System Requirements Report 10 6 12 32 4 64 $ 10,200.00 3.5 Verification Plan 8 6 6 16 24 60 $ 9,030.00 3.6 Validation Plan 8 6 12 12 24 2 $ 9,540.00 3.7 Systems Engineering Management Plan 12 10 12 28 48 8 118 $ 17,140.00 Task 4 Preparation of Request for Bids 23 2 20 16 0 0 0 61 $ 9,990.00 4.1 Draft Request for Bids 15 1 12 8 36 $ 5,890.00 4.2 Final Request for Bids 8 1 8 8 25 $ 4,100.00 Task 6 Bidding Services 40 13 24 0 0 0 0 77 $ 13,300.00 5.1 Respond to Requests for Information 8 12 1 20 $ 3,420.00 5.2 Support with Procurement Documents 12 2 8 22 $ 3,720.00 5.3 Assist City with Vendor Selection 10 5 4 19 $ 3,340.00 5.4 Coordination with Selected Vendor 10 6 16 $ 2,820.00 Task 6 Implementation Services 64 22 45 36 72 0 12 251 $ 38,245.00 6.1 Technical Support 10 14 24 48 $ 7,690.00 6.2 Detection Design 8 4 12 30 54 $ 7,630.00 6.3 Assist City with Acceptance Testing 10 2 16 28 $ 4,900.00 6.4 Training and Vendor Compliance 20 8 28 $ 4,760.00 6.5 Verification Report 8 4 15 24 6 57 $ 8,395.00 6.6 Validation Report 8 4 18 6 36 $ 4,870.00 Task 7 After Study 6 1 0 2 38 0 6 53 $ 6,710.00 7.1 Data Collection 2 20 22 $ 2,800.00 7.2 After Study Report 4 1 2 18 6 31 $ 3,910.00 Task 8 Final Report 22 12 6 15 46 0 0 101 $ 15,050.00 8.1 Draft Project Report 16 8 1 15 30 69 $ 10,160.00 8.2 Final Project Report 6 4 6 1 1 16 ,32 $ 4,890.00 TOTAL HOURS 289 104 172 1 245 1 461 12 62 1345 Subtotal Labor $ 43,350 1 $ 22,880 $ 31,820 1 $ 36,750 1 $ 57,625 $ 1,500 $ 5,580 $ 199,505 Allocation (4.8%) $ 9,576 TOTAL COST $ 209,081 City of Diamand Bar I TRT096010.16 Kimlep Horn CITY COUNCIL Agenda # 6.9 Meeting Date: August 16 2016 AGENDA REPORT TO: Honorable Mayor and Members,g the City Council VIA: James DeStefano, City Ma a TITLE: ADOPT RESOLUTION NO. 201E -XX AUTHORIZING AND APPROVING THE SALE OF $600,000 OF PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF RANCHO PALOS VERDES RECOMMENDATION: Adopt. FINANCIAL IMPACT: The FY 2016-2017 Budget includes the sale of $600,000 in Prop A funds which will increase the City's unrestricted general fund revenues by $450,000. BACKGROUND/DISCUSSION: Proposition A, the half -cent sales tax for transit, was approved by voters in 1980. The revenues generated through this half -cent sales tax are to be used toward the development of transit related programs, which are administered by the Los Angeles County Metropolitan Transportation Authority (Metro). In administering the program, Metro has been distributing Local Return Funds directly to cities. The City must use its Local Return Funds within three (3) years from the date of receipt or the funds will be returned. The City has used Local Return Funds to fund the Dial -A -Cab program and to enable residents and seniors to purchase transit passes at discounted rates. The City of Rancho Palos Verdes wishes to purchase $600,000 in Prop A funds at an exchange rate of $0.75 per each $1.00 and has agreed to use the funds for transit purposes pursuant to the attached letter dated July 6, 2016. At this exchange rate, the City of Diamond Bar would receive $450,000 in unrestricted general funds. The City of Rancho Palos Verdes approved this Agreement at their August 2, 2016 City Council meeting. Upon approval by Diamond Bar, a check in the amount of $450,000 will be forwarded to Diamond Bar. The unrestricted funds in the amount of $450,000 received by the City of Rancho Palos Verdes will be deposited into the City's General Fund. These funds are programmed in the FY2016-2017 Capital Improvement Program Budget as Prop A Exchange funds and are allocated as follows: Proj# 24416: Pathfinder Road Rehabilitation $166,825 Proj# 24716: Copley/Golden Springs Intersection Modification $141,740 Proi# 24316: Brea Canyon Cut -Off Rehabilitation $135,000 TOTAL $443,565 PREPARED BY: Kimberly M. Young, Senior Civil Engineer REVIEWED BY: Davi G. Liu, Director of Public Works Attachments: Resolution 2016 -XX DATE PREPARED: August 8, 2016 Dianna Honeywell, FinanceDirect i Fund Exchange Agreement City of Rancho Palos Verde Letter of Request, dated July 6, 2016 2 RESOLUTION 2016 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AND APPROVING THE SALE OF $600,000 OF PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF RANCHO PALOS VERDES WHEREAS, the City of Diamond Bar wishes to transfer $600,000 of its uncommitted Proposition A Local Return Transit Funds to the City of Rancho Palos Verdes to provide ongoing operating funding and to improve the level, quality, safety, and/or accessibility of transit services to the general public or to any group which requires special transportation assistance; and WHEREAS, the City of Rancho Palos Verdes has offered to assign $450,000 in General Funds to be deposited into the City of Diamond Bar's General Fund; and WHEREAS, the City Council of the City of Diamond Bar has determined that the transit needs of the City can be adequately met if this fund exchange is approved; NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby resolve as follows: SECTION 1. The exchange of $600,000 of Proposition A Local Return Funds in exchange for the assignment of $450,000 in General Funds to be deposited into the General Fund is authorized and approved. SECTION 2. The City Manager is authorized to execute, on behalf of the City, any required documents to effectuate this exchange of funds. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and send certified copies to the City of Rancho Palos Verdes. PASSED, APPROVED AND ADOPTED this 16th day of August 2016. Nancy A. Lyons, Mayor ATTEST: Tommye A. Cribbins, City Clerk 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 16th day of August 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: TOMMYE A. CRIBBINS, City Clerk City of Diamond Bar PROP A LOCAL RETURN FUND EXCHANGE AGREEMENT This Assignment Agreement ("Agreement") is made and entered into this day of , 2016, by and between the City of Diamond Bar, California, a municipal corporation, ("Diamond Bar") and the City of Rancho Palos Verdes, California, a municipal corporation ("Rancho Palos Verdes") with respect to the following facts: A. Rancho Palos Verdes will be constructing capital improvements which have been approved by the Los Angeles Metropolitan Transportation Authority ("Metro") for the use of Proposition A Local Return monies. Rancho Palos Verdes desires to use a portion of Diamond Bar's uncommitted Prop A allocation for Metro approved projects. B. Diamond Bar's uncommitted Proposition A Local Return funds can be made available to Rancho Palos Verdes to assist in constructing the capital improvements discussed in Paragraph A of this Agreement. Diamond Bar is willing to pay its uncommitted Proposition A Local Return funds to Rancho Palos Verdes for the purpose identified in Paragraph A in exchange for unrestricted Rancho Palos Verdes general funds which Diamond Bar may use for any municipal purpose at a rate of $.75 in Rancho Palos Verdes general funds for each $1.00 in Diamond Bar Proposition A Local Return funds. Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows: 1. Exchange. Diamond Bar agrees to pay $600,000 of its Fiscal Year 2016-2017, Proposition A Local Return funds to Rancho Palos Verdes. In exchange, Rancho Palos Verdes agrees to pay $450,000 of its general funds to Diamond Bar. 2. Payment. Diamond Bar shall pay the agreed upon Proposition A Local Return funds to Rancho Palos Verdes in one lump -sum payment from Proposition A funds currently on hand. Rancho Palos Verdes shall pay the agreed upon general funds to Diamond Bar in one lump -sum payment. The payments of both parties shall be due and payable within 15 calendar days of the last date of execution of this Agreement by both parties, which shall occur upon obtaining any necessary approvals from the Los Angeles County Metropolitan Transportation Authority ("LACMTA"). Rancho Palos Verdes shall be responsible for obtaining such approvals from the LACMTA for the use of the Proposition A Local Return funds. 012010007/307057.1992191.1 Assignment Agreement 3. Assurances Rancho Palos Verdes shall use the assigned Proposition A Local Return funds only for the purpose of constructing the capital improvements discussed in Paragraph A of this Agreement or any Metro approved project, and within the time limits specified in LACMTA's Proposition A Local Return Program Guidelines. Rancho Palos Verdes assumes all risks of obtaining the necessary approvals for expenditure of the Proposition A Local Return funds within the applicable time limits and any failure to timely obtain such approvals shall not give rise to any claim by Rancho Palos Verdes seeking reimbursement of any monies received by Diamond Bar under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. CITY OF DIAMOND BAR BY Nancy A. Lyons, Mayor Dated: ATTEST: 2016 BY: Tommye A. Cribbins, City Clerk Approved as to form: David A. DeBerry, City Attorney 01203.0007/307057.1992191.1 2 CITY OF RANCHO PALOS VERDES BY: Ken Dyda, Mayor Dated: 12016 BY: Carla Morreale, City Clerk Approved as to form: Dave Aleshire, City Attorney James DeStefano City Manager City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 July 6, 2016 Dear Mr. DeStefano, This letter declares the intent of City of Rancho Palos Verdes to collaborate with the City of Diamond Bar in the Proposition A Local Return Fund Exchange Program. It is the City's understanding that the City of Diamond Bar will accept our proposal of $0.75 to the $1.00 for approximately $600,000 (Six Hundred Thousand Dollars) of the Proposition A Local Return Funds. In exchange, the City of Rancho Palos Verdes will issue a check to the City of Diamond Bar in the amount of $450,000 (Four Hundred Fifty Thousand Dollars). The proposed exchange will be considered for approval by the City Council of Rancho Palos Verdes on August 2, 2016. Sincerely, Doug Willmore City Manager City of Rancho Palos Verdes 310-544-5202 30940 HAWTI IORNE BLvD. / RANCHO PALOS VERDES, GA 90275-5391 -,_i PRINTED ON RECYCLED PAPER Agenda# 6_10 Meeting Date: August 16,201 CITY COUNCIL AGENDA REPORT <>RPtAS'SC9 ltJ89 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma6a j r, —e TITLE: APPROPRIATE $85,286.54 FROM THE QUIMBY FUND RESERVES TO THE FISCAL YEAR 2016-2017 CAPITAL IMPROVEMENT PROGRAM BUDGET; ADOPT RESOLUTION 2016 -XX APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PAYMENT ACCOUNT; REJECT THE LOWEST BIDDER PRINCIPLE CONTRACTING, INC. AND AWARD THE CONSTRUCTION CONTRACT FOR THE STARDUST AND PETERSON PARK IMPROVEMENT PROJECT TO ACE CD INC. IN THE AMOUNT OF $435,667.88 AND AUTHORIZE A CONTINGENCY AMOUNT OF $43,566.79 (10% OF THE TOTAL CONTRACT) FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $479,234.67. RECOMMENDATION: Appropriate, adopt, reject, award and authorize. FISCAL IMPACT: The Stardust and Peterson Park Project is programmed in the FY 16/17 CIP in the amount of $100,000 for Peterson Park in Quimby funds and $300,000 in Prop A Safe Parks funds for Stardust Park, totaling $400,000. After publically opening sealed bids, the lowest responsible bid was received from ACE CD, Inc. in the amount of $435,667.88. To complete this project an additional $85,286.54 from the Quimby Fund reserves is required to be appropriated, which includes a 10% contingency $17,542.38. The additional fund of $85,286.54 will be allocated as follows: $17,542.38 for Stardust Park and $61,692.29 for Peterson Park plus an additional $6,051.87 for encumbered funds for design that have not been expended and need to be carried over into FY16-17. BACKGROUND/DISCUSSION: The Peterson Park playground project initially began as a replacement of the poured in place rubber play surfacing which is used for fall/impact attenuation. When the contractor began to remove the old rubber surface, it was discovered that many of the support posts for the play structures had rusted (below the surface) to the point that they were no longer structurally sound. After researching options to complete the repairs, the City was advised by the play equipment manufacturer that these play structures are obsolete and parts are no longer available. Due to the nature of the damage and the unavailability of replacement parts, the manufacturer advised the City that, for safety reasons, the playground should be closed pending a complete replacement. Stardust Park serves as a neighborhood park for the surrounding residents. The park is currently developed with a tot lot, paved walking trail, open turf areas, and park benches. The existing tot lot should be upgraded to meet ADA and current standards. The landscaping on the perimeter slopes is in need of enhancements. Furthermore, this park would benefit by adding picnic tables, BBQ's, a ADA compliant drinking fountain, and a new play structure. As a "bundled" project, it was advertised for bids on July 26, 2016. A bid opening was held on August 9, 2016 and seven (7) bids were received. Principles Contracting Inc. submitted the lowest base bid in the amount of $379,000. However, bids were reviewed for responsiveness and based on Public Contract Code section 1103, Principles Contracting Inc. was deemed a non -responsible bidder. Working with the City Attorney, it was determined that: Pursuant to Public Contract Code section 1103 a responsible bidder is defined as "a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract." A range of factors may be used to determine bidder responsibility, including performance history, reliable financial information, bonding and insurance capacity, litigation history and others. A determination of whether a bidder is responsible or not is focused on the bidder and generally includes factors outside the face of the bid. During City staffs vetting of Principles Contracting several matters were uncovered. First, one of the bidder's references, the City of Moreno Valley, while please with the overall work performed by Principles Contracting, stated that the project was delivered 30 days late. The other two references did not return City staffs phone calls. Second, it was discovered that the Attorney General's Office filed an Accusation, a copy of which is attached to this staff report as Exhibit "A". The Accusation is essentially a charge against Principles Contracting for a violation of State law. The Accusation charges Principles Contracting, and in particular against Jeff Signor, one of Principles Contracting's officers and the person who signed the bid submitted to the City, with falsifying an application submitted to the Contractors' State License Board. Specifically, the Accusation (attached as Exhibit "A") charges Mr. Signor with falsely claiming that he was not listed or responsible for the entering of any "unsatisfied judgments, liens, and/or claims against any bond or cash deposits pertaining to a construction project." Accusation, pg. 6, Is. 19-23. As noted in the Accusation, the Attorney General states there were four such unsatisfied civil lawsuits pending against Mr. Signor's former company, Nature Tech Landscaping, Inc. Accusation, pg. 7, Is. 1-10. The Accusation also notes a history of six suspensions over just the last three years for various violations of the Business and Professions Code. Accusation, pg. 2, Is.. 8-15. It also notes a significant history of litigation. That between April 5, 2013, to April 11, 2014, seven civil lawsuits were filed against Mr. Signor and/or his former company, Nature Tech Landscaping. Accusation, pg. 6, Is. 12-14. 2 Lastly, there is a note on the Contractor's State Licensing Board website stating that Principles' license may be suspended on August 31, 2016, if its Workers' Compensation insurance policy is not filed with the Board. The City Attorney advised that the Accusation is only an allegation by the Attorney General against Principles and Principles is entitled to a hearing to rebut the allegations. However, the Accusation is troubling in that to bring it forward the Attorney General is required to believe it has probable cause. In addition, the Accusation contains a history of suspended licenses and litigation involving Mr. Signor. There is a concern that this past history will follow Principles to this job with the City and the possibility that Principles' license could be revoked during the performance of the work. For this reason City staff is recommending that the City Council find that Principles Contracting's proposal is not responsible and award the contract to ACE CD Inc., the second lowest bidder. Staff has verified the State Contractors License for ACE CD, Inc. to be valid. ACE CD, Inc. has performed a similar project in Diamond Bar satisfactorily. City staff has notified Principles Contracting that it is entitled to be heard before the City Council to respond to City staffs recommendation that it be found not responsible. The bids received were as follows: Company Bid Amount 1. Principles Contracting, Inc. $379,000.00 2. ACE CD, Inc. $435,667.88 3. Micon Construction, Inc. $443,895.80 4. Monet Construction, Inc. $525,095.52 5. Horizons Construction $535,293.80 6. C.S. Legacy Construction, Inc. $541,568.00 7. Green Giant Landscape, Inc. $557,037.00 The engineer's estimate was $385,000. Tentatively, the construction schedule is as follows: Award of Contract August 16, 2016 Notice to Proceed/Begin Construction September 6, 2016 Completion of Construction November, 2016 It is staff's recommendation that Council appropriate the funds as indicated in the financial summary, approve the resolution, reject the low bidder's bid proposal and award a contract to ACE CD, Inc. for the Stardust and Peterson Park Improvement Project — Project #25016 & 24217. PREPARED BY: DATE PREPARED: Claude Bradley, Facilities Maintenance August 11, 2016 Supervisor REVIEWED BY: id iu, P.E. Director of Public Works ATTACHMENTS: EXHIBIT"A" —Accusation ACE CD, INC. BID PACKET L. �V uvwc, Dianna Honeywell Finance Director CONTRACTOR AGREEMENT RESOLUTION 2016 -XX RESOLUTION NO. 2016 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE STARDUST PARK AND PETERSON PARK IMPROVEMENT PROJECT The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained Architerra Design Group, Inc. ("Consultant") as the Architect to design and prepare the plans and specifications for the Stardust Park and Peterson Park Improvement Project; B. The Consultant informed the Project Manager that these plans are complete and that construction of the Project may begin; C. The Project Manager reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. The Project Manager, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project ("Project Payment Account"). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 16th day of August, 2016. Nancy Lyons, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2016 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 19th day of July, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 2 Tommye A. Cribbins, City Clerk 1 KAMALA D. HARRIS Attorney General of California 2 LINDA K. SCIINEIDER Senior Assistant Attorney General 3 JAMES M. LEDAKIS Supervising Deputy Attorney General 4 State Bar No. 132645 600 West Broadway, Suite 1800 5 San Diego, CA 92101 P.O. Bos 85266 6 San Diego, CA 92186-5266 Telephone: (619) 645-2105 7 Facsimile: (619) 645-2061 Attorneys for Complainant 8 BEFORE THE 9 REGISTRAR OF CONTRACTORS CONTRACTORS' STATE LICENSE BOARD 10 DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA 11 12 In the Matter of the Accusation Against: 13 PRINCIPLES CONTRACTING INC. 1760 Marlborough Avenue 14 Riverside, CA 92507 15 JEFFREY ROSS SIGNOR, RMO DEAUDRA SAILS BARBER -SIGNOR, RMO 16 Contractor's License No. 982517, A, B, C27 17 Respondents. 18 19 Complainant alleges: EXHIBIT A Case No. N2015-323 ACCUSATION 20 PARTIES 21 1, Wood Robinson (Complainant) brings this Accusation. solely in his official capacity 22 as the Enforcement Supervisor I of the Contractors' State License Board (Board), Department of 23 Consumer Affairs. 24 25 !!/ 26 !!! 27 28 1 (PRINCIPLES CONTRACTING INC.) ACCUSATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 License History — Principles Contracting Inc. 2. On or about April 5, 2013, the Registrar of Contractors issued Contractor's License Number 982517 (Classification A— General Engineering Contractor, Classification B — General Building Contractor, and Classification C-27 — Landscaping) to Principles Contracting Inc., with Jeffrey Ross Signor as Responsible Managing Officers and Deaudra Saile Barker -Signor as Responsible Managing Officer (Respondents). The license will expire on April 30, 2017, unless renewed. The following is the suspension history: Suspension Violation: Status: Date: 05/06/2013 Business and Professions Code section 7071.17 Reinstated 05/17/2013 Jud ment#30-2012-00591086 07/11/2013 Business and Professions Code section 7071.17 Reinstated 08/14/2013 Jud ment #30-2012-0059086) . 02/23/2014 Business and Professions Code section 7068.2 Reinstated 03/07/2013 (Lack of Qualifier 05/27/2014 Business and Professions Code section 7079.17 Reinstated 06/03/2014 (Judgment#30-2012-00590086 10/01/2014 Business and Professions Code section 7071.17 Reinstated 10/08/2014 (Judgment #30-2012-00590086 3 12/30/2014 Business and Professions Code section 7068.2 License reinstated (Lack of Qualifier 02/18/2015. Affiliated License History 3. On or about November 30, 1993, the Registrar of Contractors issued Contractor's License Number 681207 to Nature Tech Landscaping.Ine, with Jeffrey Ross Signor as RMO, and Deaudra Saile Barker -Signor as RMO. The license expired under suspensions on November 30, 2015, and has not been renewed. fJl 1 Signor became RMO of Classifications A, B and C27 on 4/5/13; disassociated all three classifications on 11/25/13; reinstated Classification A only on 3/7/14; disassociated Classification A on 10/1/14; and associated Classification A on 3/16/15. 2 Barker -Signor became the RMO of Classifications B and C27 on 3/7/14; disassociated both classifications on 10/1/14; and reinstated both classifications on 2/18/15. s The four (4) Business and Professions Code section 7071.17 suspensions listed under suspension history are all automatic suspensions due to association with CSLB license #681207. 2 (PRINCIPLES CONTRACTING INC,) ACCUSATION 3 1 4. On or about April 29, 1987, the Registrar of Contractors issued Contractor's License 2 Number 509837 to Sundance Landscape Inc, with Jeffrey Ross Signor as RMO, and Deaudra 3 Saile Barker -Signor as RMO. The license expired under suspensions on July 31, 2015, and has 4 not been renewed. 5 JURISDICTION 6 5. This Accusation is brought before the Registrar of Contractors (Registrar) for the 7 Contractors' State License Board (Board), Department of Consumer Affairs, under the authority 8 of the following laws. All section references are to the Business and Professions Code (Code) 9 unless otherwise indicated. 10 6. Section 7090 of the Code provides, in pertinent part, that the Registrar may suspend 11 or revoke any license or registration if the licensee or registrant is guilty of or commits any one or 12 more of the acts or omissions constituting cause for disciplinary action. 13 7. Section 7106.5 of the Code provides, in pertinent part, that the expiration, 14 cancellation, forfeiture, or suspension of a license by operation of law or by order or decision of 15 the registrar, or a court of law, or the voluntary surrender of the license shall not deprive the 16 registrar of jurisdiction to proceed with any investigation of or action or disciplinary proceeding 17 against the license, or to render a decision suspending or revoking the license. 18 8. Section 7095 of the Code provides, in pertinent part, that the Registrar, in making his 19 order may: 20 (a) Provide for the immediate complete suspension by the licensee of all operations as a 21 contractor during the period fixed by the decision,. 22 (b) Permit the licensee to complete any or all contracts shown by competent evidence 23 taken at the hearing to be then uncompleted, 24 (c) Impose upon [lie licensee compliance with such specific conditions as may be just in 25 connection with its operations as a contractor disclosed at the hearing, and may fm'tiler provide 26 that until such conditions are complied with, no application for restoration of the suspended or 27 revoked licensee shall be accepted by the Registrar. 28 3 (PRINCIPLES CONTRACTING INC.) ACCUSATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 n� ni 9. Section 7096 of the Code states: For the purposes of this chapter, the term `licensee" shall include an individual, partnership, corporation, limited liability company, joint venture, or any combination or organization licensed under this chapter, and shall also include any named responsible managing officer, responsible managing manager, responsible managing member, or personnel of that licentiate whose appearance has qualified the licentiate under the provisions of Section 7068. 10, Section 7097 of the Code states: Notwithstanding the provisions of Sections 7121 and 7122, when any licensee has been suspended by a decision of the registrar pursuant to an accusation or pursuant to subdivision (b) of Section 7071.17, Section 7085.6 or 7090.1, any additional license issued under this chapter [the Contractors' State License Law] in the name of the licensee or for which the licensee furnished qualifying experience and appearance under the provisions of Section 7068, may be suspended by the registrar without further notice, 11. Section 7098 of the Code states: Notwithstanding the provisions of Sections 7121 and 7122, when any license has been revolted under the provisions of this chapter [the Contractors' State License Law], any additional license issued under this chapter in the name of the licensee or for which the licensee furnished qualifying experience and appearance under the provisions of Section 7068, may be revoked by the registrar without further notice. 12. Code section 7121 states: Any person who has been denied a license for a reason other than failure to document sufficient satisfactory experience for a supplemental classification for an existing license, or who has had his or her license revoked, or whose license is under suspension, or who has failed to renew his or her license while it was tinder suspension, or who has been a member, officer, director, or associate of any partnership, corporation, firm, or association whose application for a license has been decried for a reason other than failure to document sufficient satisfactory experience for a supplemental classification for an existing license, or whose license has been revoked, or whose license is under suspension, or who has failed to renew a license while it was under suspension, and while acting as a member, officer, director, or associate had knowledge of or participated in any of the prohibited acts for which the license was denied, suspended, or revoked, shall be prohibited from serving as an officer, director, associate, partner, or qualifying individual of a licensee, and the employment, election, or association of this type of person by a licensee in any capacity other than as a non -supervising bona fide employee shall constitute grounds for disciplinary action. (PRINCIPLES CONTRACTING INC.) ACCUSATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N 13. Code section 7121.5 states: Any person who was the qualifying individual on a revoked license, or of a license under suspension, or of a license that was not renewed while it was under suspension, shall be prohibited from serving as an officer, director, associate, partner, or qualifying individual of a licensee, whether or not the individual had knowledge of or participated in the prohibited acts or omissions for which the license was revoked, or suspended, and the employment, election, or association of such person by a licensee shall constitute grounds for disciplinary action. 14. Code section 7122.5 states: The performance by any individual, partnership, corporation, firm, or association of any act or omission constituting a cause for disciplinary action, likewise constitutes a cause for disciplinary action against any licensee who at the time such act or omission occurred was the responsible managing employee, qualifying partner, responsible managing officer, or qualifying member of such individual, partnership, corporation, firm, or association, whether or not he had knowledge of or participated in the prohibited act or omission." STATUTORY PROVISIONS 15. Section 7112 of the Code states that "[o]mission or misrepresentation of a material fact by an applicant or a licensee in obtaining, or renewing a license, or in adding a classification to an existing license constitutes a cause for disciplinary action." COSTS 16. Section 125.3 of the Code provides, in pertinent part, that the Board may request the administrative law judge to direct a licentiate found to have committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case, with failure of the licentiate to comply subjecting the license to not being renewed or reinstated. If a case settles, recovery of investigation and enforcement costs may be included in a stipulated settlement. (PRINCIPLES CONTRACTING INC.) ACCUSATION I FACTUAL ALLFGATIONS 2 17. On or about February 13, 2013, Respondent Jeffrey Ross Signor signed an 3 Application for Original Contractor License—Examination Waiver ("application"), as the 4 qualifier for the business entitled "Principles Contracting Inc.," requesting Classifications A, B, 5 and C-27. On or about April 5, 2013, the Registrar of Contractors issued Contractor's License 6 Number 982517 to Respondents. 7 18. Also on April 5, 2013, Jeffrey Ross Signor (Signor) was associated as the RMO with 8 Nature Tech Landscaping Ine. (Classifications A, B, and C-27) and Sundance Landscape Inc. 9 (Classifications B and C-27). Prior to the date of Signor's association with Nature Tech 10 Landscaping, the corporation had a total of thirty-one civil lawsuits filed against it in Riverside 11 County Superior Court attempting to collect on unpaid debts. 12 19. From April 5, 2013, until lie disassociated with Nature Tech Landscaping Inc. as the 13 RMO on April 11, 2014, Nature Tech Landscaping and/or Signor were the defendants in, seven 14 separate civil lawsuits that were filed attempting to collect on unpaid debts. 15 20, On February 27, 2015, Signor signed an "Application for Replacing the Qualifying 16 Individual" for Principles Contracting Inc. With his signature, Signor certified under penalty of 17 perjury that all statements, answers, and representations in the application were true and accurate. 18 The Board received the application on or about March 3, 2015. Question 10 of the application 19. asked "To the best of your knowledge, is anyone listed on this application (or any company the 20 person is or was a part of, or any irmnediate family member of the applicant) named in or 21 responsible for any entered and unsatisfied judgments, liens, and/or claims against any bond or 22 cash deposit pertaining to a construction project?" in response to the question, Respondent 23 Signor marked the box "NO." 24 25 26 27 28 /lI 6 (PRINCIPLES CONTRACTING INC.) ACCUSATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21, At the time Respondent signed the application, the following unsatisfied civil lawsuits against Nature Tech Landscaping Inc. were pending in the Riverside County Superior Court:r Truck Insurance Exchange vs. Nature Tech Landscaping Inc.; Complaint for Breach of Contract -Over $25,000; Case No. RIC1412259; filed December 17, 2014. Leinco Enterprises us. Nature Tech Landscaping bac.; Complaint for Damages over $10,000 and Under $25,000; Case No. RIC1407758; filed August 5, 2014. North American Specialty Insurance vs. Nature Tech Landscaping Inc; Complaint for Damages under $10,000; Case No. RIC1401838; filed February 25, 2014. TeletractInc, vs. Nature TechLancLeapiraginc.; Complaint for Collection under $10,000; Case No. RIC131001; filed August 28, 2013, CAUSE FOR DISCIPLINE (Willful or Fraudulent Act) 22. Respondent is subject to disciplinary action under Code section 7112, in that on February 27, 2015, Respondent committed a willful and fraudulent act when he signed an Application for Replacing Clio Qualifying Individual for CSLB License No. 982517, and under penalty of perjury certified that all statements, answers, and representations made on the application, were true and accurate, when in fact they were not, as is more fully detained at paragraphs 17-21, which are incorporated here by reference. OTHER MATTERS 23. Pursuant to Code sections 7097 and 7098, if Contractor's License Number 982517 issued to Principles Contracting Inc, is suspended or revoked by decision of the Registrar, then the Registrar may suspend or revoke without notice, any other license issued in the name of Jeffrey Ross Signor and/or Deaudra Saile. Banker -Signor, or for which Jeffrey Ross Signor and/or Deaudra Saile Barker -Signor has furnished the qualifying experience and appearance. d Respondents Jeffrey Ross Signor disassociated from Nature Tech Landscaping Inc. on April 11, 2014, and Deaudra Saile Barker -Signor disassociated on November 25, 2013. The lawsuits were filed based on unpaid debts that occurred while Respondents were associated as RMO with Nature Tech Landscaping Inc. (PRINCIPLP,S CONTRACTING INC.) ACCUSATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. Pursuant to Code section 7121, if discipline is imposed on Contractor's License Number 982517 issued to Principles Contracting Inc., then Jeffrey Ross Signor and Deaudra Salle Barker -Signor shall be prohibited from serving as an officer, director, associate, partner, or qualifying individual of any licensee during the time the discipline is imposed, and any licensee which employs, elects, or associates Jeffrey Ross Signor and/or Deaudra Salle Barker -Signor in any capacity other than as a non -supervising bona fide employee shall be subject to disciplinary action. 25. Pursuant to Code section 7121.5, if discipline is imposed on Contractor's License Number 982517 issued to Principles Contracting Inc., then Jeffrey Ross Signor and Deaudra Saile Barker -Signor shall be prohibited from serving as an officer, director, associate, partner, or qualifying individual of any licensee during the time the discipline is imposed, whether or not lie had knowledge or participated in the acts or omissions constituting grounds for discipline, and . any licensee which employs, elects, or associates Jeffrey Ross Signor and/or Deaudra Salle Barker -Signor shall be subject to disciplinary action. PRAYER WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Registrar of Contractors issue a decision: 1. Revoking or suspending Contractor's License Number 982517 issued to Principles Contracting Inc; 2, Prohibiting Jeffrey Ross Signor and Deaudra Saile Barker -Signor from serving as an officer, director, associate, partner, or qualifying individual of any licensee during the period that discipline is imposed on license Number 982517, issued to Principles Contracting Inc; 3. Revoking or suspending any other license for which Jeffrey Ross Signor and/or Deaudra Saile Barker -Signore is furnishing the qualifying experience or appearance; 4. Ordering Principles Contracting Inc, Jeffrey Ross Signor to pay the Registrar of Contractors her costs in the investigation and enforcement of the case according to proof at the hearing, pursuant to Business and Professions Co§ion 125.3; (PRINCIPLES CONTRACTING INC.) ACCUSATION 1 5. OrderingPrinciples Contracting Inc„ Jeffrey Ross Signor to provide the Registrar 2 with a listing of all contracting projects in progress and the anticipated completion date of each; 3 6. Taking such other and further action as deemed necessary and proper. 4 5 1J,, DATED: j JJ4 �T 6 7 SU2016800109A"C:",j} e; `" 10 81302000.docxL,— �'`°` .- a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Enforcement Supervisor I Contractors' State License Board Department of Consumer Affairs State of California Complainant 9 (PRINCIPLES CONTRACTING INC.) ACCUSATION AGREEMENT The following agreement ("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 ACE CD, Inc. hereinafter referred to as the "Contractor" and the City of Diamond Bar, California, hereinafter referred to as "City." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City accepted the bid of Contractor ACE CD, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with Contractor for furnishing labor, equipment and material for the Stardust Park and Peterson Park Improvement Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Stardust Park and Peterson Park Improvement Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated July 22, 2016 (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 August 9, 2016, together with this Agreement shall constitute the contract between the parties. This Agreement 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 Agreement, the provisions of this Agreement shall control. 3. COMPENSATION: Contractor agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TERM OF CONTRACT: Contractor agrees to complete the work within Sixty (60) calendar days from the date of the notice to proceed. Contractor agrees further to the assessment of liquidated damages in the amount of five - hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this Agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: 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 sub -contractor to commence work on his sub -contract until all insurance required of the sub -contractor 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 sub -contractors 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 1 will comply with such provisions before commencing the performance of work of this contract." For all operations of the Contractor or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile - $1,000,000 per accident for bodily injury and property damage 3) Employer's Liability - $1,000,000 per accident for bodily injury or disease. 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; 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." 2 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 sub -contractor 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. e. The Contractor shall, prior to performing any work under this Agreement, 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. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor's behalf upon the Contractor's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 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. Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) 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 sub -contractor under him. Contractor and any of its sub -contractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. 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 Contractors on the public works site are making such contributions. Contractor and sub -contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub -contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City 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 sub -contractors 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, sub -contractors 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. 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 underthis 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. 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. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this AGREEMENT. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and CITY's ability to draw from this fund, are conditions precedent to CITY's obligation to make payments to CONTRACTOR. E 13. 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 and those reasonably necessary to effectuate the termination. Contractor shall not be entitled to any claim for lost profits. State of California Contractor's License No. 512857 Contractor's Business Phone: (909) 364-8566 Contractor's emergency phone which can be reached at any time: (909) 364-8566 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. By: Title: Date: By: Title: Date: CITY OF DIAMOND BAR, CALIFORNIA By: Nancy Lyons, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date APPROVED AS TO FORM: CITY ATTORNEY Date *NOTE: if Contractor is a corporation, the City requires the following signature(s): The Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 7 i BIDDER'S PROPOSAL CITY OF DIAMOND BAR STARDUST PARK & PETERSON PARK IMPROVEMENT PROJECT CITY PROJECT NO. 25016 & 24217 Date August 9, 2016 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: i (a) That the only persons or parties interested in this proposal as principals are the following: �fl i�tC, (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 proposal 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 Bidder's Proposal, 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 proposal 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 proposal 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. 13 (g) That he proposes to enter into such Contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates and that the unit prices will apply to the actual quantities whatever they may be. 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 m 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 furnished, 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 CA1 //71W city Zip Code 14 0b',r,-1. t1;'a7 Telephone of Bidder `Si-gnatjre of Bidder 08/05/2016 14:38 9098613690 CITY_MAHAGER BID SCHEDULE FOR STARDUST PARK & PETERSON PARK IMPROVEMENTS START)TT.ST PARK RTI) TTRMS PAGE 10/11 ITEM N0, DESCRIPTION UNIT QTY UNIT PRICE EXTENDED PRICE 1 Mobilization LS 1 - „s� 1'7.'7q-), 3c 2 Demolition / Clearing LS 1 3 5 > 3 Earthwork / Grading .LS 1 4 .12" Concrete Curb at Sand.Fd o LF 3G 3P,7at 7 6 5 4" Natural Concrete on 2" Sand Baae SF 3335 , ,- n Z c 3' ' 6 6" Concrete Mow Curb at Turf Area LF 44 a z 7 12" x 12" Concrete Catch Basin & Grate EA 3 8 12" x 12" Plastic Catob..Basin & Grate FA 3 i- 2. 9 Core Drill & Con.arcto Collar a St. Inlet LS 1 ) 5 10 3" Drain Pic TIF 135 r 11 4" Drain Pie LF 148 ); e7 12 Rubbor PlayArea Surface over 3 %a" A re ate Basa SF 2464, r,g h 0'c� 1.3 6' Lon Bench EA 2 14 24 Gallon Trash Receptacle FA 4 15 Drinking Fountain including supply line and drain EA I 2 E 4+ , �N 16 8' Lon. PlonicTable EA 5 I _ ', ' 5,402, -' 17 Barbe ue Unit EA ICjcj 18 Pet Waste Station FA 1 IA 9 Play Equipment LS 1 20 Play Equipment Installation LS T 1 C 8� 21 Pla ound Sand CY 23 &-4e6d I. 22 Landscape Irrigation System LS 1 c 60' � 23 36" Box California S catnore EA 2 3 3 9 61 24 24" Box Keith Dav2y Cbineso Plstaebio EA 4 50' 25 24" Box D namite Cra o Myrtle EA 2 309" ' 26 Turf Planting SF 3638 2i - 5 6C -'o5 27 5 Gal Shrub Planting FA 44 5&50 T ` 2 IG Il391150 29 1 Gal Sto eGroundeover EA 87 •6' _ -?,5'0o 30 Soil Preparation LS 1 61,5 ,9Fy' 31 3" Thick Mnlolt LS 1 . r Q 5- 32 LandsOn o Maintenance- 30 Das LS 1 c L r 33 Pla E ui mcrit Audit &Certification LS 1 34 Miscellaneous Items / Quantities Not Listed * LS I 13l 5 STARDUST PARD IMPROVEMENT BID TOTAL: ° (7 nrTr<u CfrnT'P A R V RTTI TTrMC ITEM NO, DESCRIPTION UNIT QTY UNIT PRICE EXTENDED PRTCE 35 Mobilization LS 1 - „s� ".i f•7��5- 36 Demolition / Clearing LS 1 5 — 37 Farthwork/Grading LS I 38 Playground T)raina e S stem LS 1 ^•�✓ 7 6 39 .._ .. Playground Equipmant Installation LS I $ 2V 2 ` 08/05/2016 14:38 9098613690 CITY—MANAGER PAGE 11/11 40 Playground Equipment LS 1 -;g .56>0' 4J. Playground E ui mcnt Audit and Certification LS 1 5 ' 42 Rubber Ply Area Surface over 3 %:" AgVegato Base SF 2271 a 0,3�'j 46., 3z, eq 43 Concrete Ed e between Sand and Rubber Surfacing LF 69 , 50 ojql , 5u 44 Pla ound Sand CY 26 C 150 45 6" Rt 12" Wide Concrete Curb Header LF 69 , SO 12 C - zo 46 Decomposed Oratilte Pavin SF 45 26,W7 1'•'Su 47 1 -an dsea e Boulders EA S r .C_ ; 48 Retaining Wall Cap Repair LS I r- 49 42" High Tube Stool ponce LF 91 SD Miscellaneous ltn.ns/ Qoantities Not Listed* LS I�✓- PETERSON PARK IMPROVEMENT BID TOTAL_ � ` `int TOTAL COMBINED PARD IMPROVEMENT BASE I31M 1 Total Base Bid inff Worlds: ( t f *Pcr Part 1, paragraph 6 on page? of the Information For Bidders, and Section 2.1 (a) on page 40 ofthe General Provisions, the bidder is responsible for carefully reviewing the drawings apd specifications. Any items or quantities not listed elsewhere on the Aid Schedule shall be included in the lump sum bid for item No. 34 and 47, Accompanying this proposal is ?-j ,/ ( 1j ,9 yN J (Insert ` ;9 cash", "cashier's check", "certified check", or "bidder's boxzd" as the case may be) in the arnount equal to at leant ten percent (10%) of the total Base Bid. The undersigned further agrees that in case of default in, executing the requited 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 ready for signature, the proceeds of the security accompanying this bid shall. become the property of the City of Diamond. Bar, and this proposal and the acoeptanco thereof may be considered null and void. --- - -- Ace CO r+ate NAME OF BIDDER (PRINT) -�ICNATIJRE DATE. 14-- 4"• (ate t� tpv� t+'P ADDRESS CITY ZIP CODE TELEPHONE, l ''rl 8 (r7 O 7 ... STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION PROJECT IDENTIFICATION: 5b, ~"'S F P 6sd' ��,1c T by pet'. ami= t�S BID .DATE: elgll� LIST OF SUBCONTRACTORS i BID OPENING DATE August 9, 2016 i PROJECT_ Stardust Park & Peterson Park Improvement PROJECT NO.25016 & 24217 LOCATION 1323 Stardust Drive, Diamond Bar, CA 91765 // 24142 E. Sylvan Glen Rd., Diamond Bar, CA 91765 CLIENT City of Diamond Bar CONTRACTOR A CE CD i VIC- , Name Under Which Subcontractor is Licensed License No. Address of Office, Mail, or Shop Percent of Total Contract Specific Description of Subcontract 1p _ "U'J 18 DECLARATION OF ELIGIBILITY TO CONTRACT [Labor Code Section 1777.1; Public Contract Code Section 61091 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 Tndustrial 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 another provision of law. 3. The contractor is aware of California Public Contract Code Section 6109, which states: j (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 20 BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE In accordance with Government Code Section 14310.5 and in conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: QUESTIONNAIRE Has the Bidder, any officer, principal or employee of the Bidder who has a proprietary interest in the business of the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state or local government project because of violation of law or a safety regulation? YES N.O�/ _ if the answer is yes, explain the circumstances in the following space: STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than on final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. - Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 22 AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) ing first duly sworn, aeposes ana says: That he is a member of the co -par nership firmesignated as which is the party making the foregoin pr is genuine and not collusive or sham; th t conspired, connived or agreed, directly r bidder or person to put in a sham bid refrain from bidding; and has not in a y ma secure any advantage against the Ci y of interested in the proposed contrac , for person. 4osal or bid; that such bid aid bidder has not colluded, indirectly, with any other hat such other person shall Ssought by collusion to amend Bar or any person self or for any other That he has been and is duly ves ed with author instruments for the co -partnership by to make and sign who constitute the other men�)ers of the co -partnership. ture subscribed and sw71of to before me this j .hr p s 3, C i 20 Signature of Officer Administering Oath (Notary Public) 24 i AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) % being first duly sworn, deposes an, says: That he is the part making the foregoi fg proposal or bid; that such bid is genuine and ntcollusive or sha that said bidder has not colluded, conspired, conn.ved or agreed, rectly or indirectly, with any other bidder or perso to put in a ham bid or that such other person shall refrain from bi ding; and kr not in any manner sought by collusion to secure any adv a tage agai t the City of Diamond Bar or any person interested in the oposed c ntract, for himself or for any other person. Subscribed and sworn to before me this day of all re of Officer Administering Oath (Notary Pub1'c) 26 EXPERIENCE STATEMENT To be responsive, the bidder must list below a minimum of three public agencies for which bidder has performed similar work within the past five years, only projects in excess of $350,000 each qualify as similar for this project. 1. Project Title iy7iiAv, i L -v iv Contract Amount (, 7' Type of Work p�;ate: R;S�.rc t'. iFg.SW 2 i tr rEEi6r LI-AW&(P-P Client Agency Project Manager Ji:qri,Phone 21z _ i %.'zoI'm Date Completed L1jZ),C•(fy % Subcontracted 0 2. Project Title �l 6,< - PrS-vs wvap�l-C-S Contract Amount 3Lp51 " Type of WorkClient pp i Agency Project Manager 1ti1ifkeI£ ('`t) —_ Phone Try 1jE 1- Date Completed 7 % Subcontracted 3ox. 3. Project Title ('@vtCiw64 pm) -K Contract Amount " _(. ./ ( Type of Work > ad [lfl,43V�e i n 9 Ya r1.Eti`r€v re a.4so Y tiC{'' e t Client C ; �- 71137/ fq Agency Project Manager f�Li C G` 'Ccg t Phone Date Completed .70SL, f5 o Subcontracted _ NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. Bidder's Signature 0 KYM : • A KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), has issued an invitation for bids for the work described as follows: STARDUST PARK & PETERSON PARK IMPROVEMENT Project No 25016 & 24217 WHEREAS D D Systems Inc DBA Ace CD Inc 1199 Englewild Drive, Glendora, CA 91741 (Name and address of Bidder) ("Principal."), desires to submit a bid to Public Agency for the work - WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, Contractors Bonding and Insurance Company 111 Pacifica, Suite 350, Irvine, CA 92618 (Name and address o surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held .and firmly bound unto Public Agency in the penal sum of Ten Percent of Total Amount Bid ----- Dollars ($ 10% of Bid ), being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by City and within the time and in the manner required by the bidding specifications, entered into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 32 In case suit is brought upon this all court costs incurred by City in fees in an amount fixed by the provisions of California Civil Code bond, Surety further agrees to pay the suit and reasonable attorneys' court. Surety hereby waives the § 2845. IN WITNESS WHEREOF, each of which shall for all purposes be deem@d an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: July 28. 2016 "Principal" D D Systems Inc DBA Ace CD Inc By:..= M Its "Surety" Contractors Bonding and Insurance Company By Its Rebecca Haas -Bates, Attorney -In -Fact M Its Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in- fact must be attached. (Seal) (Seal) 33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validlty of that document. State of California County of Orange ) On 07/28!2016 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignarN who proved to me on the basis of satisfactory evidence to be the persons} whose names} is/are subscribed to the within instrument and acknowledged to me that He/she/they executed the same In his/her/their authorized capacity Nis), and that by hie/her/their slgnature4on the instrument the person(s), or the entity upon behalf of which the person(tq acted, executed the Instrument. 8. PAfUMO COMMIselbn N 2055890 F"^e Notary Public - California Y Orange County M Comm. Ex tree Auo 5.2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and corre , WITNE$5 my han af`d ofh'c1�a I. r: \ Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Two(2) Signer(s) Bid Bond Document Date: Other Than Named Above: Capecity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual gAttorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C natractor Rn reline mrd lnsurmme Company 07/28/2016 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: /GCUM1 a ✓.G e,iVG(K' _/ - M1�4`v:`�A'✓<W iG'JU✓Q� b SY<"F/G r Gi • •` •..........•J. • • taa • far •r al FL campn0y 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone:(800)645-24021 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: William Svrkin Sergio D Bechara Rebecca Hans -Bates Richard Adair Shirley Littell, jointly or severally in the City of Irvine , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000,00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize, The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies of, undertakings in the name of the Corporation. The corporate seal is not necessary for the vaLidity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate sea] may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this _15_th day of October, 2015. °aHo.•�,+o k RLI Insurance Company ,, ,.- q z,.- •. ee ;, Contractors Bonding and Insurance Company SEAL >= SEAL q�o�•, �r; Ballon W. Davis Vice President State of Illinois l}SS time �'• (y ,,�' County of Peoria CERTIFICATE On this 15th day of October 1 20t5 , before me, a Notary Public, personally appeared Barton W. Davis wbo being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of tine RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. IM "OFFICIAL SEAL" JACQUELINE M. 8OCKLER COMMMION EKPIRES 01114f10 I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that tine attached Power of Attorney is in full force and effect and is irrevocable,, and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Gputractnrs jSoning and Insurance Conpany this _ day of __ RLI Insurance Company ' Contractors on mg and Ins nee Company Barton W� 1/ice President 0476199020212 A00591 IS FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond Bar ("City"), has awarded to (Name and address of Contractor) ("Principal"), a contract .(the "Contract") for the work described as follows: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and . (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Dollars ($ 1), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her, or its, heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 28 CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an affirmative course of action as required by the affirmative action guidelines. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM A C 0 TITLE OF OFFICER SIGNING ;Pf CSI'C1Pv F' J SIGNATUR•�. i{_ -� DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company: 34 NON -COLLUSION AFFIDAVIT TO: THE CITY OF DIAMOND BAR: STATE OF CALIFORNIA } } SS COUNTY OF 0 being first duly sworn, deposes and says that he or she is b eK)'dP j' of , the party making the foregoing bid, that the bid is not made in the interest of or on behalf Off any undisclosed person, partnership, company association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited another bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contact or anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature of Bidder STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Subscribed and sworn to before me this day of 4 1 S� ,20 lb Notary Public in and for the County of LosState of California 36 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 8 day of August , 2016 by Danny Daher . proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 4' n lure (Seal) OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Tule or description of attached document contained) Number of Pages— Document Date Additional information 2015 Version wvavr.PlolaryClasses.Com b00-873 9Am5 QJAREDS _,..a.�HANESPENCERCOMM#2f55144 Notary public. CalifoniaLOSANGELESCOUNTY♦ Comm, Ezp. May 29. 2020 r INSTRUCTIONS The wording of all Jurats completed in Callfomia after January 1, 2015 must be in the form as set forth within this Jurat There are no excepfiens. It a Jurat to be completed does no( foliuv this form, the notary must correct the verbiage by using a jurat slash, containing the cared wording or attaching a separate jurat form such as this one with does remain the proper wardingin addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of fife contents of the document The document must be signed AFTER the oath or entrenches.. If the document was previously signed, it must be re -slimed in front of the notary public during the (orad process. • Stale and county Information must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the signers) personally appeared which must also be the same date the jurat process Is completed. • Print the narrate) of the document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal Impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal Impression smudges, re -seal if a sufficient area permits, otherwise complete a different jurat form. Additional Information Is not required but could help to ensure this jurat Is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document with a staple. 1760 Marlborough Ave, Riverside, CA 92507 General Engineering (951) 367-0770 Fax (951) 779-1064 CCS MANAGERS FICE License i1: 982517 A, B, C-27 August 12, 2016 City of Diamond Bar 21810 Copley Drive Diamond Bar, Ca 91765-4178 Attn: Tommye Cribbins & Claude Bradley: RE: Stardust Park & Peterson Park Improvement Project: City Project No. 25016 & 24217: To whom it may concern: Principles Contracting. Inc. regrets to inform you that a "Mathematical/Clerical" error was discovered in our bid for the above referenced project. Despite our attempts to try and salvage this project both in-house and with our valued subcontractors, it's been determined the deficit is too large to absorb. With the above in mind, we make this formal request of withdrawal to the City of Diamond Bar and respectfully request relief be granted under the provision of PCC -Chapter 5 Relief of Bidder -Item 5103 a -d respectively. Thank you in advance for your understanding of this matter, and if you would like to discuss the matter in greater detail, please feel free to contact us at your earliest convenience. Sincerely Principles Contracting, Inc. ,6� 11.. Bud R. Glover Project Manager. Tommye Cribbins From: Bud Glover <bud@principlescontracting.com> Sent: Friday, August 12, 2016 3:24 PM To: Tommye Cribbins Cc: 'Jeff Signor' Subject: Withdrawal Letter Stardust Park & Peterson Park Improvement Project Attachments: Withdrawal Letter-8-12-2016.pdf Afternoon, Tommye: Please be advised that Principles Contracting has attached "Withdrawal Letter' for Stardust & Peterson Park Improvements. We would appreciate "Withdrawal Letter" be forwarded to Claude Bradley (Supervisor) A.S.A.P., since your contact information is listed and Mr. Bradley has not returned phone messages. Thank you. Bud R. Glover Principles Contracting, Inc. P: 951.367.0770 R 951. 779.1064 C: 760.265.4578 God Bless: Principles Contractin 1760 Marlborough Ave, Riverside, CA 92507 (951)367-0770 Fax(951)779-1064 10 Back–up V V General Engineering CITY MANAGM—S OFF,£f. License #: 982517 A, s, C-27 CITY OFDIAM0.1g7 ar August 12, 2016 City of Diamond Bar 21810 Copley Drive Diamond Bar, Ca 91765-4178 Attn: Tommye Cribbins & Claude Bradley: RE: Stardust Park & Peterson Park Improvement Project: City Project No. 25016 & 24217: To whom it may concern: Principles Contracting, Inc. regrets to inform you that a "Mathematical/Clerical" error was discovered in our bid for the above referenced project. Despite our attempts to try and salvage this project both in-house and with our valued subcontractors, it's been determined the deficit is too large to absorb. With the above in mind, we make this formal request of withdrawal to the City of Diamond Bar and respectfully request relief be granted under the provision of PCC -Chapter 5 Relief of Bidder -Item 5103 a -d respectively. Thank you in advance for your understanding of this matter, and if you would like to discuss the matter in greater detail, please feel free to contact us at your earliest convenience. Sincerely Principles Contracting, Inc. Bud R. Glover Project Manager. 3ndscape ■ ructuires~ PURCHASE ORDERS/CONTRACTS TOr LANDSCAPE STRUCTURES, INC. 6017TH ST. SOUTH, DELANO, MN 55328 LANDSCAPE STRUCTURES INC. 30S 7].0.195 P.O. a0X 8fi MINNEAPOLIS, MN 5918EA395 Bill To (Please 17111n as,necessary) Ship To: (Please fill in as necessary) — - - TBD Proposal Proposal No. Acct Code: Date: Resale #: F EroLerl Dills, TY ITEM NO. DESCRIPTION UnitM PRICEIUNIT LGS.ft EXTENDED.AMT 1 29947-1-3 Evos 5-12 yrs Playstructure with Rush Notes'. This quote good until 30 days from dale of this proposal: 1 LocatlonuS��iC $55,445.013 (QUOTE IS FOR MATERIALS ONLY, DOES NOT INCLUDE SITE PREP, Terms: TBD INSTALL, OFFLOADING, OR SURFACING. We assume DIRECT BURY on all jobs unless otherwise advised by client. -F,'M46FINANCE CHARGE PER AFTER Proposal for materials only, FOB jobsite, NO assembly, NO offloading. MONTH IMPOFSED 30 DAYS ,NVOICE DATE No ..m <.1 In ,mmll lhlc nlnln my lhn )nllnw rtflw (Tegps Sub%ttl to crcdk oppioval6y LSI) TY ITEM NO. DESCRIPTION UnitM PRICEIUNIT LGS.ft EXTENDED.AMT 1 29947-1-3 Evos 5-12 yrs Playstructure with Rush 3,15 $55,445.00 3,154 $55,445.013 Tide and 5" Arch Swings 016 Prices Valid until November 30th 2016. EAD TIME 2-3 WEEKS Freight Quote# 120-124-16 Valid Until 10-19-16 Site dimensions verified by " Others" A,PURD RFHECOW717CE DRDERZOLL'(J ROPOSArW&I CONST DNnrrwnyALgv Total Welght: 31554 LANDSCAPE STRUCTURES INC. CUSTOMER RECEIPT OF AN ORDER ACKNOWLEDGMENT CONSTITUTES SUCH APPROVAL. JOEL SHNOWSKI RECWEST OUTDOOR PRODUCTS, INC. (818) 735-3838 REPRESENTATIVES OF LSI Subtotal Materlal: Installatlow Sales Tax Freight; TOTAL: l77t1) .44 $62,696.44 OP/05!2016 14:35 901EG13;>30 J1 V-014NAGER Pt1GE. 10111 BiD SChE,DI',.LE z''rl:ta :iiTE1RDUST PA'I KrR: W`YTER,13O NPARK'11WROV"EMENTS STARDUST PAd K BID ITEMS ITEM DESCRRIPTIGN' NO. r QTY U I PRICE fiXTENDED PRICE 1 Mobilzatiol.1 1 d Uva 1. - /b Qv172 Demol`;tion / Cletu'ing _ Ea-$vrork :and aR P.arthwor'c! GYading �--'-- 13 I4 1. U (� 38 Playground DragU System -. �. 12" Cononte Curb at Sand E IFe 1 6vU 36 3 J 6 0 5 4" Natural Cnn,:rete an 2" Sand Bzsie I 3335 iJ6 6" Cop;rctc !&wCxvb at Turf Arcs 44 l > O 7 12" r 122" Con ate, Catch Basin & Chile . 3 Sub 9610 3 12"x i2"Plactic Catch Basin& G_rar 3 3%0 9 Core Chill .4 "Dowrete Collar 2-, Tnl r I10 3" Draia PIS 115 410 SY6U X 11 4" DramPie 14.8 -212 Rubber'Fla-yPa7mSu-faccover3!;'.i e.ra.:t 2464 S' 7 13 — 6' Long Bonc_I T —_ EA 2 14 24 Gallon Trnsh Receptacle EA 4 4r vU 15 _ : Drirt :dng Fou including suPPl'i Ii7e enc': rrair^ EA 1 /G roti U tJw 16 8' Lon„^ Picnic. Table EA 5 6,> u � 17 narbc ueArdS_. _...__—..._._..�...—__ EA 1(,-” (61/U 18Pat \\caste Stsion _ EA IN SW 19 _ P1avE ,aue:.it LS I 20 Ply E uipnneatlnstallation LS I d ! (1w 21 Plav ound Sand CY 23 22 _ Landcca Teri ation System LS 1 23 36" Box California Sycamore -- —_ EA 2 _ / SLv 24 24" Box KeitlliDavey Chinese Pist<1,h^o _ _ EA 4 J w 25 24" Box D�wynite Crape Myrtle _ EA 2 i 26 Turf F'la�cir r _ _ SF 3638 !. } 27 5 Gal Shni>~Planting LA 44 .Z �W 28 1 Gat Shrdb Planting�— _ BA 69 /O U 29 1 Gal Slope Grow ver --l- EA 87 /0 970- 7v30 30 Soil Pr elation LS 1 35z gime. 31 3" Thick Mulch —__— —_ LS 1 /$&0 32 _ Landscalx:F�laintenance-30 Days _ _. LS 1 5Z•0 5�— 33 Play F_yujE2Lm ,\edit & Ccr65catil i' _ LS I 34 Miscellareoas Ttrms /entities Nor: Li..-ne "� — LS 1 . STI 1O. 'UST PARK I MPCO V EMENT BID TOTAL PFTF,RSONi RAIV. BID ITEMS N0. UNIT QTY—UNl'1' EXTENDF,D PRICE PRICE 35 f „ — _ _ Mobilimd'un _ h3 1 d Uva 36Demolition/Clrarinf - LS 3.7 P.arthwor'c! GYading �--'-- LS 1. U (� 38 Playground DragU System -. �. LS 1 6vU 39 _ �� Playgrointd Equipment Installation ': LS 1 � <TtilO J a5 4I 40 41 Piwaicuri l I clu�t,ment — P—lavectnuticuapmentAuditau.l' itiliirrin i LS LS I 1 _ [ (7 1¢FU 4:3 4{ RubbcrllltvAreaautliceovor3'S'A tt rlu 6n Corner:celdltebetweenSand ani_13.nbb1frirfu;_i_ng Pround _noel __.._ $F 2271 LF 69 �o70 GY 26 uv 45 6" Fc I 6Vi.de Concrete Curb. Heasiex Curb. H Ll? 69 S U3 a 4fi 47 — 411 49 _.— _ _._...—_.._ f7aconosv'_CinrnitePaying _.... --...._...:.._._—a. l Nldsccipc i3nulcL:rs __...__ 42"hgh:1'ub::81cr.1Fence_ I11scellua-ousNnns/Ouantitle3'_IuU!i e SF 45 J>J EA 5 LP 91`U �SZJ N1GTERSON RA.Mi: iNa lly:);iTF; 411 NT BID TOTAL: 6'CY a L CtDPv1BEIM7D PARK M/Fi'R.OVEMTVT SASE SID: � 2 W�- C -r- Total Base }aid iu lh%ork:rPW "Per Pail], paragraph: 61111 page 7 of the Intbrm„r,on I°cr 13 c!dors, aud. Sealion 2-I (a) ou pago 40 of the General Provisions, the bidder i5 responsible Por carefully reviewing 'la: dranringf an.Ci specifications. Any items or quantities not listed elsewhere on the Aid Schedule shalt bo included in the lua.p s�hn tr;d tb,, iwT iso. 34 and 47. Accompanyinp fni,, grrposal is (IrlSert ".rf^_ /0 O._._ cil.!:'''t", ''Y:c:9hlPr'S check". "certified check"; or l'hi(1{tPr'`c as flte case may lie) Jul the: amount equal tout .h:ast isn (10°/4) of the total. $ase Bid, The uAirlersigrrel fabler agrees that in rsse oi' kkult' :in executiug the required contract, with necessary bond, within tett (10) days; not includ ng 5.uz<! y;: s.nd to al ho9idays; after leaving received notico that the Contract has been aiv u-ded and ready fur ai.( e::atier:, tie %woceeds of the security accompanying this bid shall become the lrol.e.:-ty of the City of Diean:,r.cl Sar, zsod this proposal and the acceptance thereof may be considered tulll aud,(oid. 11 NAME OF BIDDER (PFt-[. U) SIONATURE DATE CITY ZIP CODE TELEPHONE X7 __,... STATEC>N7RAi.1701',L,10E]15ENG�.:IcPfl J �Sci:[I;CATI.oN PROJECT IDU'111'1tfi'ATIGN:----6�f�SCI BID EIATE;—,,...... ..._...____-- CITY COUNCIL Agenda # 7-1 Meeting Date: Aug 16, 2016 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man 9 TITLE: Adoption of Resolution No. 2016 -XX: Amending the City's Conflict of Interest Code for Designated City Personnel and Rescinding Resolution No. 2014-37 in its Entirety RECOMMENDATION: It is recommended that the City Council receive staff's report, discuss the matter, open the public hearing, receive testimony, close the public hearing and adopt Resolution No. 2016 -XX amending Appendix A of the City's Conflict of Interest Code by adding, renaming or deleting certain positions pursuant to Government Code section 87306.5. FINANCIAL SUMMARY: No financial impact associated with this item. Upon adoption of the 2016/17 Fiscal Year Budget, changes were implemented in both the responsibility and staff of both the Community Services and Public Works Departments. Public Works was given the responsibility for overseeing parks projects, maintenance of the parks and Districts 38, 39 and 41, as well as the park maintenance personnel. Due to the Community Services Department's responsibility limited to overseeing park rental, classes and excursions, the Community Services Director position has been re -titled Parks and Recreation Director. Additionally, the Human Resources Manager was given the responsibility of Risk Management, which includes processing of claims for damages, maintaining the City's insurance certificates, and employee safety. Based on this added responsibility the title of Human Resources Manager has been re -titled Human Resources & Risk Manager. Additionally, staff has reviewed Appendix A to the Conflict of Interest (Designated Employees Category) and is also recommending the following titles be eliminated: Community Services Director, Human Resources Manager, Planning Manager and Sr. Neighborhood Improvement Officer. With the adoption of Resolution No. 2016 -XX, the City's Conflict of Interest Code will mirror the Council's adoption of FY 2016/17 Budget thereby amending the Conflict of Interest Code to correctly identify the positions which must file Statements of Economic Interest. The attached Resolution identifies all positions which are required to file the appropriate forms. Attachments REVIEWED BY .-,/ I Ryan MI Lelsp, Asst City Manager I-kq **Q Itely [Q 13Z[6W*1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL AND RESCINDING RESOLUTION NO. 2014-37 IN ITS ENTIRETY A. Recitals. (i) The City of Diamond Bar has heretofore enacted a Conflict of Interest Code for designated personnel. (ii) The Political Reform Act of 1974, California Government Code Sections 81000, et seq., requires the City to adopt amendments to its Conflict of Interest Code to ensure employees of the City are appropriately designated when new employees are added to The City or changed circumstances occur with respect to job functions and to conduct a biennial review in each even numbered year of its Conflict of Interest Code to determine in any changes are necessary. (iii) Pursuant to the provisions of California Government Code Section 87311, a duly noticed Public Hearing was conducted and concluded prior to the adoption of this Resolution. B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respect as set forth in Part A, Recitals, of this Resolution are true and correct. 2. The City's Conflict of Interest Code, as heretofore adopted, hereby is amended by the adoption of a new Exhibit "A" setting forth designated employees and disclosure categories pertaining thereto. Since the City has adopted the State's Conflict of Interest Code and any changes made thereto, no changes to provisions of the Conflict of Interest Code are necessary. 3. Persons holding those designated positions in the attached Appendix A, shall file statements of economic interests pursuant to the Conflict of Interest Code (Title 2, California Code of Regulations, 18730 (4)-(5)). 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of 2016. Nancy A. Lyons, Mayor 1, 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 day of 2016, by the following vote: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: A 0 I 1111iiii! I M XF-T4 W uity uierK OT tne Uty OT uiamona t3ar ATTACHMENT A N01 Ink! ON I M W I NAMM ."M The Political Reform Act, Government Code Section 81000, et. seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Diamond Bar. Designated employees shall file statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of the City Council, Planning Commission and City Manager, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency. wwwalk DESIGNATED EMPLOYEES DISCLOSURE CATEGORIES Assistant Engineer 1 Assistant Planner 1 Assistant City Manager 1,2 Assistant to the City Manager 1 Associate Engineer 1 Associate Planner 1 Building Official 1 City Clerk 1,2 City Engineer/Public Works Director 1,2 Community Development Director 1,2 Community SeFViGeS DiFeGtOF 1,2 Deputy City Manager 1,2 Facilities Maintenance Supervisor 1 Finance Director 1,2 Hurnan ReseuFGes ManageF 1 Human Resources & Risk Manager Information Systems Director 1,2 Management Analyst 1 Network/Systems Administrator 1 Parks & Recreation Commission 1 Parks and Recreation Director Parks and Maintenance Superintendent 1 Parks and Maintenance Supervisor PlaRRingManager 1 Public Information Manager 1,2 1 Street Maintenance Superintendent 1 Recreation Services Manager I Recreation Services Superintendent, 1 Recreation Supervisor 1 Senior Accountant 1 Senior Civil Engineer Senior Management Analyst Senior Neighborhood Improvement OffiGeF Senior Planner Traffic & Transportation Commission NOTE: City Council, City Manager, City Attorney, Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Government Code Sections 87200, et. seq.), not this Code. ATTACHMENT B CONSULTANTS, AD HOC COMMITTEES, TASK FORCES AND SIMILAR GROUPS ** Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: (i) Approve a rate, rule, or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; (v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code. ** With respect to consultants, ad hoc committees, task forces and similar groups, the City Manager shall determine in writing if a particular consultant, ad hoc committee, task force or similar group performs a range of duties requiring disclosure hereunder. That determination shall include a description of the consultant's, ad hoc committee's, task force's or similar group's duties and a statement of the extent of disclosure requirements. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council. Category 1 Persons in this category shall disclose all interests in real property within the jurisdiction of the City. Real property shall be deemed to be within the jurisdiction if it or any part of it is located not more than two miles outside the City's boundaries or within two miles of any land owned or used by the City. Category 2 Persons in this category shall disclose all income from and investments in the businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City. In addition, as to any business entity in which the person or his or her spouse owns, directly, indirectly or beneficially, a ten percent or greater interest, the person shall disclose his or her pro rata share of the income and the sources of income of the entity if the entity provides or sells services or supplies of the type indicated in the first sentence of this paragraph. IMNOW4 82030. Income. (a) "Income" means, except as provided in subdivision (b), a payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a ten (10) percent interest or greater. "Income," other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (b) "Income" also does not include: (1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100). (2) Salary and reimbursement for expenses or per them received from a state, local, or federal government agency and reimbursement for travel expenses and per them received from a bona fide nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (See 26 U.S.C.A. §501.) (3) Any devise or inheritance. (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares, in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. (5) Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States government or a commodity future registered with the Commodity Futures Trading Commission of the United States government, except proceeds from the sale of these securities and commodities futures. (6) Redemption of a mutual fund. (7) Alimony or child support payments. (8) Any loan or loans from a commercial lending institution which are made in the lender's regular course of business on terms available to members of the public without regard to official status if: (A) The loan is secured by the principal residence of filer; or (B) The balance owed does not exceed ten thousand dollars ($10,000). (9) Any Than from or payments received on a loan made to an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in- law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan or loan payment received from any such person shall be considered income if he or she is acting as an agent or intermediary for any person not covered by this paragraph. (10) Any indebtedness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand dollars ($10,000). (11) Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). (See 26 U.S.C.A. §401.) (12) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States government or from the sale of commodities futures registered with the Commodity Futures Trading Commission of the United States government if the filer sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser. COUNCIL Agenda # 8. 1 Meeting Date: August 16, 2016 TO: Honorable Mayor and Members"S the City Council FROM: James DeStefano, City Mana TITLE: ADOPTION OF ORDINANCE NO. X X (2016) AN ORDINANCE OF THE CITY OF DIAMOND BAR REVISING THE CITY'S PURCHASING SYSTEM, AMENDING THE DIAMOND BAR MUNICIPAL CODE AND RESCINDING ORDINANCE 07(2014) IN ITS ENTIRETY That the City Council introduce and have the first reading of Ordinance No. XX (2016); and, set the second reading at the Council's next scheduled meeting. The City's Purchasing Ordinance was last revised in 2014. Prior to 2014, the Purchasing Ordinance had not been updated for several years. Since the revision in 2014, staff has had an opportunity to put the new policy into practice. This revision updates the purchasing ordinance to reflect some adjustments that need to be made to streamline operations, clean up language to reflect the intent of the policy and reflect recent organizational changes. DISCUSSION: The City's Purchasing Ordinance was last updated nearly two years ago. In the span of time since then, City staff has had the opportunity to put the updated policy into practice. While most of the changes made to the policy improved the way the City is procuring goods and services, some small changes need to be made in order to streamline the process for better efficiency. The following is a list of highlights of the changes contained within this amended ordinance: Section 3.24.020 — Definitions This section adds a definition for use tax. Section 3.24.040 — Purchasing Manager This section updates the authorized purchasing agent's titles to reflect the current organizational structure. These include changing the Deputy City Manager's title to Assistant City Manager and the Community Services Director's title has been changed to the Parks & Recreation Director. Section 3.24.060 — Purchasing Procedure This section changes the threshold at which a purchase order is required from $2,500 to $5,000. This section also changes when a bid/quote is required and whether it can be verbal or must be written. For an informal, verbal bid/quote the level is changing from $2,500 to $5,000. An informal, written bid/quote is required at $10,000 which is up from the previous $5,000 mark. New to this section is language describing out of state purchases and the application of use tax. Also newly included in this section is clarification for annual maintenance contracts. This topic was not specifically addressed in the former ordinance but language is now included which will not require bids, quotes or Council approval for existing annual maintenance contracts. Finally, this section clarifies purchases made with a credit card must follow all other procedures set forth in the ordinance with regards to dollar limit thresholds and approval levels. Section 3.24.070 — Exceptions to Purchasing Procedure This section updates that bidding is dispensed when the amount of the purchase is under $5,000 (changed from $2,500). Section 3.24.080 — Formal Bid Process (Other Than Public Projects or Public Works Contracts This section changes the formal bid process for contracts other that public projects or public works contracts. The primary change in this section is the elimination of the public bid opening. It proved to be cumbersome and was not the original intent of the ordinance for the types of projects/contracts included in this category. Attachment: Ordinance XX (2016) Purchasing Ordinance Dianna L. Honeywell Finance Director 9 ORDINANCE XX (2016) WHEREAS, the City has established a purchasing ordinance in Chapter 3.24 of the City Code ("Purchasing Ordinance") to provide an efficient and cost-effective process for the purchase of supplies, services, personal property and equipment; and WHEREAS, the City desires to revise and amend the Purchasing Ordinance as Set forth herein. Now therefore, the City Council of the City of Diamond Bar does ordain as follows: Section 1. Title 3, Chapter 3.24 of the Diamond Bar Municipal Code is repealed in its entirety and is replaced to read as follows: Chapter 3.24 Purchasing Ordinance Sections: 3.24.010 Establishment of Purchasing System 3.24.020 Definitions 3.24.030 Decentralized Purchasing 3.24.040 Purchasing Manager 3.24.050 Contractual Authority 3.24.060 Purchasing Procedure 3.24.070 Exceptions to Purchasing Procedure 3.24.080 Formal Bid Process 3.24.090 Formal Bid Procedures for Public Projects and Public Works Contracts 3.24.100 Encumbrance of Funds 3.24.110 Change Orders 3.24.120 Professional Services 3.24.130 Temporary Staffing 3.24.140 Local Preference 3.24.150 Use of Recycled Materials 3.24.160 Surplus Personal Property 3.24.010 ESTABLISHMENT OF A PURCHASING SYSTEM To establish efficient procedures for the purchase of supplies, services, personal property and equipment; to secure for the City supplies, services, and equipment at the lowest cost commensurate with the quality needed and with due consideration to usability; to exercise positive financial control over purchases; to clearly define authority for the purchasing functions; to assure the quality of purchases; and to buy without favor or prejudice, a purchasing system is adopted and shall control the procedures for all purchases except as otherwise provided by law. 3.24.020 DEFINITIONS As used in this Ordinance, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended: (a) Blanket Purchase Order shall mean an agreement whereby the City contracts with a vendor to provide supplies or equipment on an as -needed basis throughout the fiscal year. (b) Budget Authority shall mean that with the exception of emergency procedures, no purchase shall be made without prior approval and appropriation in the City's annual budget. (c) Capital Asset shall mean land, improvements to land, easements, buildings, building improvements, vehicles, machinery, equipment, infrastructure and all other tangible assets that are used in operations, cost in excess of $5,000 and that have initial useful lives extending beyond one year. City shall mean the City of Diamond Bar (e) Contract shall mean an agreement, in writing, between two or more persons with the requisite authority, which creates an obligation to do a particular thing. Encumbrance shall mean a contingent liability and reservation of a budget appropriation incurred as a result of the issuance of a purchase order and/or contract. Personal Property shall mean any tangible property not including land or real estate. This includes but is not limited to vehicles, equipment, supplies, furniture and fixtures. (h) Purchases shall mean procurement of supplies, services, equipment and personal property and shall include leases or rentals of such items. (i) Professional Services shall mean, but is not limited to, any type of professional services that may be lawfully rendered including the services of architects, attorneys, auditors, consultants, engineers, physicians, accountants, information technology professionals or other individuals or K organizations possessing a high degree of professional, unique, specialized, technical skill or expertise. Public Project have the same meaning as set forth in Public Contract Code section 20161 as follows: 1. The erection, improvement, painting or repair of public buildings and works; 2. Work in or about streams, bays, waterfronts, embankments or other work for protection against overflow; 3. Street or sewer work, except maintenance or repair; and 4. Furnishing of supplies or materials for any such project, including maintenance or repair of streets or sewers. (k) Purchase Order shall mean a written authorization issued by the City to a provider of labor, materials or services for which the City agrees to pay. Responsible Bid shall mean an offer submitted by a responsible bidder to furnish supplies, materials, equipment, personal property or contractual services in conformity with the specifications, delivery terms, conditions and other requirements included in the request for bids. (m) Responsible Bidder shall mean a bidder who submits a responsible bid, i.e. a bidder, who has furnished, when requested, information and data to prove that his financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of supplies, materials, equipment or contractual services on which the bids are made, and who has not violated, or attempted to violate, any provision of this Chapter. (n) Services shall mean any and all services, with the exception of professional services as defined in this section (i) above, including but not limited to equipment service contracts. (o) Splitting shall mean dividing a purchase or contract into two or more parts in order to avoid the requirements of this policy. Splitting is prohibited. Further, splitting of a public works project is a misdemeanor under PCC section 20163 and is prohibited. (p) Surplus Personal Property shall mean any personal property that is no longer needed or useable by the City. (q) Use Tax shall mean the tax on the use, storage or consumption of personal property in California which was purchased out of state. 3 3.24.030 DECENTRALIZED PURCHASING The purchase of supplies, services, personal property and equipment is the responsibility of the individual departments requiring said supplies, services, personal property and equipment. It is the responsibility of the Purchasing Manager described in Section 3.24.040 (a) to ensure the adherence to the procedures prescribed in this Chapter. 3.24.040 PURCHASING MANAGE (a) Creation of Position of Purchasing Manager There is hereby created the position of Purchasing Manager, who shall be the City Manager. (b) Power and Duties 1. The Purchasing Manager shall direct and supervise the acquisition of all goods and services under this Chapter and may delegate any of the powers and duties conferred upon him as provided herein. 2. Purchasing Agents. In accordance with Diamond Bar Municipal Code 3.24.040 (b), the Purchasing Manager may delegate the responsibility for administering purchasing policies and procedures to one or more Purchasing Agents. The authorized Purchasing Agents Shall include: i. Assistant City Manager ii. Finance Director iii. Public Works Director iv. Community Development Director V. Parks & Recreation Director vi. Information Services Director 3. Purchasing Delegates. Additionally, the Purchasing Manager may delegate authority to the Purchasing Agents to delegate authority to additional individuals within their supervision who shall be authorized to make purchases. Individuals delegated purchasing authority hereunder are referred to as "Purchasing Delegates". Purchasing Delegates shall be designated in accordance with the following requirements: A written list of Purchasing Delegates must be submitted to the Finance Director and include the name and maximum dollar purchasing authority authorized for each individual. A written list of Purchasing Delegates must be approved on an annual basis or upon changes in employment status, M whichever is more frequent, by the City Manager, the Finance Director and the Department Director. iii. The Finance Director must maintain a written record of all approved Purchasing Delegates. 3.24.050 CONTRACTUAL AUTHORITY Provided there is adequate unencumbered appropriation in the account against which the expenditure is to be charged: (a) Purchases of supplies, services, personal property and equipment of an estimated value up to five thousand dollars ($5,000) shall be approved by the Purchasing Manager, a Purchasing Agent or a Purchasing Delegate. (b) Purchases of supplies, services, personal property and equipment of an estimated value up to ten thousand dollars ($10,000) shall also be approved by the Purchasing Manager or a Purchasing Agent. (c) Purchases of supplies, services, personal property and equipment with an estimated value greater than ten thousand dollars ($10,000) and up to forty thousand dollars ($40,000) must receive the approval of the Purchasing Manager or his/her designee. (d) Except as otherwise provided in this Chapter, purchases with an estimated value greater than forty thousand dollars ($40,000) shall be subject to the purchasing procedures outlined in Section 3.24.060, Section 3.24.080 or Section 3.24.090 and approved by the City Council. 3.24.060 PURCHASING PROCEDURE (a) Availability of Funds — Except in emergencies as defined in Section 3.24.070 (a), no notice of award of contract shall be issued, no contract shall be signed and no purchase order shall be issued unless the unexpended appropriation concerned is sufficient to pay the amount of such contract or purchase order. (b) Purchaser Responsibilities — It shall be the responsibility of the Purchasing Manager, Purchasing Agent or Purchasing Delegate handling a purchase: To reduce, to the maximum extent possible, the number of purchase transactions by combining into bulk orders and contracts the requirements of departments or City for common -use items or items repetitively purchased. The use of blanket purchase orders is recommended for vendors that a department uses repeatedly throughout the fiscal year. Blanket purchase orders may not be used for the purchase of Capital Assets. 6i 2. To obtain a completed IRS Form W-9 from any vendor not previously used for City purchases and submit it to the Finance Department. This information must be validated by the Finance Department before any purchases can be made with the new vendor. 3. If a City business license is required, it is the responsibility of the Purchasing Agent to direct the vendor to the Diamond Bar Community Development department in order to obtain the license. 4. Except as otherwise authorized in this Chapter or by State or Federal law, to select the lowest responsible bidder when bids are solicited, whether formal or informal. If the lowest priced bid is not selected, then the decision process must be documented explaining why the lowest bid was not chosen. This provision does not apply to professional service contracts as set forth in 3.24.120. 5. If the item(s) to be purchased is only available through one vendor and/or sole source provider, or when required if three bids could not be obtained, back up documentation verifying that the vendor is the sole source provider must be provided using the "Justification for Sole Source/Sole Brand" form. Unjustified factors for a sole source/sole brand include: i. Personal preference for a product or vendor ii. Cost, vendor performance, local service, maintenance and delivery time (these are award factors in competitive bidding; iii. Lack of advance planning for activity, unless deemed an emergency purchase as referenced in Section 3.24.070 (c) The Purchasing Manager is authorized to prescribe the use of various types of contracts and orders, including, but not limited to the following: 1. Use of petty cash is authorized for single purchases of seventy-five dollars ($75.00) or less. 2. Purchase orders shall be used for all purchases of supplies, services, personal property and equipment in accordance with the following: i. Any single item or aggregate purchase with an estimated value of five thousand dollars ($5,000) or greater. ii. When the Purchasing Manager, Purchasing Agent or Purchasing Delegate expects to make multiple purchases with a single vendor and purchases are expected to exceed five thousand dollars ($5,000) annually. (d) In the absence of those exceptions set forth in Section 3.24.070 the following procedures shall be followed with regards to purchases of supplies, services, personal property and equipment: 101 1. For any single item or aggregate purchase with an estimated value of five thousand dollars ($5,000) up to ten thousand dollars ($10,000) three informal bids or quotes shall be solicited. Bids or quotes may be obtained from the vendors in verbal or written format. Written documentation (using the "Quotation Worksheet" form) of the bids and quotes must be submitted with the requisition. 2. For any single item or aggregate purchase with an estimated value in excess of ten thousand dollars ($10,000) up to forty thousand dollars ($40,000) three informal bids shall be solicited. i. Bids must be obtained in writing from the vendors. ii. Written documentation (in the form of the "Quotation Worksheet" form) of the bids must be submitted with the requisition. 3. Any single item or aggregate purchase of supplies, services, personal property or equipment with an estimated value of forty thousand dollars ($40,000) or greater (purchased within one fiscal year) must be approved by City Council via the formal bid process outlined in Section 3.24.080. 4. Any Public Project or Public Works Contract with an estimated value of forty thousand dollars ($40,000) or greater (purchased within one fiscal year) must be approved by City Council via the process outlined in Section 3.24.090 5. In determining whether the $40,000 fiscal year threshold for City Council approval has been exceeded, for purchases of supplies, services, personal property or equipment, multiple contracts shall be aggregated on a department basis for the applicable fiscal year. If, in the aggregate, purchases by a single department from a single vendor of supplies, services, personal property or equipment would exceed $40,000 in a fiscal year, the purchase which results in the $40,000 threshold being exceeded shall be approved by the City Council. (e) Professional development and training costs do not require purchase orders. Any travel related costs should also be in accordance with the City's Travel, Expense and Reimbursement Policy. (f) Annual maintenance contracts for existing products, services, software, etc., do not require bids, quotes, purchase orders or Council approval. 7 (g) Out of State purchases for goods that would normally incur sales tax charges must accrue use tax (at the same rate as the current sales tax charged within Diamond Bar) in the calculation of lowest responsible bidder and/or amount. (h) Purchases made with a City credit card may include but are not limited to: 1 Conferences/training/seminars (registration, airline, car rental, hotel accommodations, meals and fuel; 2. Business lunch with representatives from other government agencies or consultant under contract to the City, furnishing lunch for interview panels and/or evaluation review boards; 3. Publications/manuals; 4. Providing meals, equipment and material to work crews in cases of emergencies and 5. Memberships and/or dues to professional organizations. 6. Purchases made with a City credit card must follow all other rules set forth in this ordinance with respect to dollar limit thresholds and approval levels required. 3.24.070 EXCEPTIONS TO PURCHASING PROCEDURE (a) Emergency Purchases. The emergency procedure applies to purchases made necessary from an emergency situation that poses an immediate threat to public health, welfare or safety as determined by the Purchasing Manager for which no time exists to seek Council action or approval, if such action or approval were otherwise required. An emergency situation is defined as follows: i. A public disaster; ii. An immediate need to prepare for national or local defense; and iii. A breakdown of machinery or an essential service immediately affecting public health, safety or welfare. 2. The Purchasing Manager, a Purchasing Agent, or any Purchasing Delegate may purchase supplies, services, personal property, or equipment directly subject to parameters set forth in City Council resolution(s) and shall submit a report of the circumstances of the emergency to the Purchasing Manager as soon as possible. The report will be filed with the City Council and will be entered in the minutes of the Council at its next regular meeting. E -I (b) Bidding: Exceptions 1. Purchases of supplies and equipment and contracts, except Public Works Contracts, shall be by bidding procedures pursuant to the provisions of Section 3.24.060. 2. Bidding shall be dispensed with upon authorization of the Purchasing Manager or designee: i. Where bidding would be impossible or impractical; ii. The amount of the purchase has a total estimated value of less than five thousand dollars ($5,000); 1 iii. Where the commodity or service can be obtained from only one vendor. When there is only one vendor that provides the product or service, the details must be documented and supported with the form "Justification for Sole Source/Sole Brand" in order to dispense with bidding requirements; or iv. Where the price of the commodity or service is controlled by law such that bidding would be unlikely to result in any cost savings. 3. For the purposes of this Section: i. "Impossible" shall mean extreme and unreasonable difficulty or expense; and ii. "Impractical" shall mean incapable of being performed by the bid procedure. 4. Other Exceptions. When, in the opinion of the Purchasing Manager or Purchasing Agent, supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained if acquired on behalf of the City by the State Department of General Services or other government purchasing program, the Purchasing Manager or Purchasing Agent shall so advise the City Council. Acquisition of any such supplies, materials, personal property or equipment by the State Department of General Services or other government purchasing program may be authorized by resolution of the City Council. 3.24.080 FORMAL BID PROCESS (OTHER THAN PUBLIC PROJECTS OR PUBLIC WORKS CONTRACTS) Except as otherwise exempted in this Chapter, supplies, services, equipment and personal property with an estimated value of more than forty thousand dollars ($40,000) shall be purchased using the Formal Bid Process as follows: (a) To initiate the Formal Bid Process, the Purchasing Agent shall provide specifications for the item to be purchased and documentation showing the existence of an unencumbered appropriation for the item in the current approved budget. (b) The opportunity to bid may be posted at City Hall, on the City's website, in a newspaper of general circulation, and/or if applicable, in appropriate trade publications. The opportunity to bid may also be distributed to contractors commonly used by the City for the category of work to be bid. The opportunity to bid shall include a general description of the supplies, service personal property or equipment to be purchased, the location where specifications may be obtained and the security required, if any. (c) Bids shall be reviewed for compliance with the specifications document and all deviations from the specifications shall be fully documented by the requesting Department and the impact of the deviations on performance or suitability of the bid item shall be detailed. (d) Staff shall prepare a staff report with a recommendation to the City Council, (e) Except for certain professional services agreements, the City Council may award the contract to the lowest responsible bidder in conformity with the specifications. (f) When a bid is recommended to be awarded to other than the lowest responsible bidder, written justification is required. The written statement must be included with the staff report to the City Council. (g) Rejection of Bids — the Purchasing Manager or when applicable, the City Council, may, in any given case reject all bids with or without cause and submit the supplies, personal property, equipment or service involved to a new bidding process or may abandon the purchase. (h) This policy specifically prohibits splitting a purchase to circumvent the threshold limits set forth in Section 3.24.060 (d)(3). (i) The purchase must be approved by the City Council. •all a, 2werel 01 IN (a) Bid solicitation procedures. The City Council shall approve plans and specifications for all public projects which are required per applicable laws and regulations. 2. A notice inviting formal bids, stating the time and place for the receiving and opening of sealed bids and distinctly describing the public project, commodity or class of commodities shall be prepared. HE Every notice inviting bids shall be prepared in accordance with the following requirements: i. The notice shall be published in accordance with the requirements of California Public Contracts Code section 20164, and as that section may be modified. ii. The Purchasing Agent shall, in addition, solicit bids from prospective bidders for the class of commodities being purchased or sold by sending them copies of the newspaper notice or such other notice as well as will acquaint them with the proposed purchase. All pending purchases shall also be advertised by posting a copy of the contract bid form on a public bulletin board in City Hall iii. In addition to notice required by this section, the Purchasing Manager, Purchasing Agent or Purchasing Delegate may give such other notice as he or she deems proper. 3. Provisions shall be included in any invitation for bid and in any contract documents for the withholding of retentions earned to ensure performance under a contract in an amount and type as determined by the Director of Public Works, consistent with State law. Provisions shall be included in any invitation for bid and in any contract documents for insurance coverage in an amount, type and term as may be specified by the City. 4. When required by State law, the contractor shall not pay less than the general prevailing rates of wages, as determined by the Director of the Department of Industrial Relations, to all workers employed on a Public Project or Public Works Contract. (b) Formal Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk with the bid number written on the envelope where they will be date and time stamped. All bids must be received and date and time stamped by the City Clerk's clock on or before the date and time due; late bids will be returned unopened. The City Clerk shall publicly open all bids at the time and place stated in the public notice. A tabulation of all bids shall be available for public inspection in the City Clerk's Office during regular business hours for a period of one year after bid opening (c) The City Council may reject a bid based upon non -responsibility and award to the next lowest responsible bidder if the Purchasing Agent provides notice to the bidder of any evidence reflecting on the bidder's responsibility at least two business days prior to the hearing at which the City Council will be considering whether to reject the bid. The bidder shall have the opportunity to present evidence that the bidder is qualified to perform the contract. (d) Rejection of Formal Bids. In its discretion, the City Council may reject any and all bids presented for any reason. If after the first invitation of bids all 11 bids are rejected, after reevaluating its cost estimates of the project, the City Council may: (a) abandon the project; (b) re -advertise for bids in the manner prescribed by this chapter; or (c) perform the work with City employees, after passing a resolution by a four-fifths vote of the City Council declaring that the project can be performed more economically by City employees. (e) Award of Formal Bid Contracts. All contracts for public works projects with a value exceeding ($40,000) shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney. If a contract is awarded, it shall be awarded by the City Council to the lowest responsible bidder. The determination of the "lowest responsible bidder" shall be at the discretion of the City Council pursuant to the findings and recommendations presented by the Purchasing Agent at the time of award of contract. In determining the lowest responsible bidder, the following may be considered by the City Council, in addition to price: i. The ability, capacity and skill of the bidder to perform the contract or provide the services required; ii. Whether the bidder can perform the contract or provide the services promptly, or within the time specified, without delay or interference; iii. The sufficiency of the bidder's financial resources to perform the contract or provide the service; iv. The ability of the bidder to provide future maintenance and services where such maintenance and service is essential; V, The quality and timeliness of the bidder's performance on previous contracts for the City; vi. Litigation by the bidder on previous contracts with the City; vii. The character, integrity, reputation, judgment, experience and efficiency of the bidder; viii. The bidder is licensed under the Contractors' State License Law (commencing with Section 7000 of the Business and Professions Code of the State of California, as the same may be amended from time to time) to perform the work for which it submitted a bid proposal. (f) Tie Formal Bids. If two or more formal bids received are for the same total amount the City Council may, at its discretion, accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders. (g) No Formal Bids. If no bids are received through the formal or informal procedure, the project may be performed by the employees of the City by force NJ account or through a negotiated contract without further complying with this chapter. (h) Bid Selection. If a contract is awarded, it shall be to the lowest responsible bidder. The determination of the "lowest responsible bidder" shall be at the discretion of the City Council pursuant to the findings and recommendations presented by the Purchasing Agent. (i) Nothing contained in this section is intended to be in conflict with applicable state law. 3.24.100 ENCUMBRANCE OF FUNDS Except in cases of emergency, the issuing department shall not issue any purchase order for supplies, services, or equipment unless there exists an unencumbered appropriation in the account against which said purchase is to be charged. If, when the purchase order is posted the account appears to be over budget, the Department Director shall create a budget transfer to cover said overage immediately. 3.24.110 CHANGE ORDERS (a) Any substantial change to a contract or approved purchase which results in a cost in excess of the City Council award amount, shall be documented with a change order. If a change order will result in a total contract amount of more than $40,000 or substantially changes the terms or results in a cost in excess of Council award amount plus any Council approved contingencies, the change order must be brought to Council as soon as staff becomes aware as to avoid any delays in the project. No change order may exceed budgetary authorization without Council approval. (b) The Purchasing Manager may approve a change order for contracts approved by the City Council in an amount up to 10% of the contract amount or $40,000, whichever is less. (c) All change orders are subject to the approval authority set forth in section 3.24.050 (c). 3.24.120 PROFESSIONAL SERVICES (a) Use of Requests for Proposals. The formal bid procedures set forth in Section 3.24.080 for Professional Services shall be utilized whenever practical. (b) Guidelines for Selection. Firms or individuals shall be selected based on their ability to perform the specific functions including, but not limited to, such factors as: 13 Overall professional experience, reliability, and continuity of the firm as related to the tasks described in the solicitation for proposals or bids; ii. Professional experience of the firm in executing contracts of a similar nature; iii. Adequacy of personal numbers within specific disciplines required to complete the work required by the solicitation for proposals or bids; iv. Experience and training of key personnel as related to the work described in the solicitation for proposals or bids; V. Adequacy of number of principal(s) which are intended to be assigned to the contract; vi. Knowledge of applicable regulations and technology associated with the contract; vii. Quality and timeliness of recently completed or nearly completed projects which were similar to the work described in the solicitation for proposals or bids; viii. Specialized qualifications for the services to be performed; and ix. Price Such factors shall be weighed by the acquiring authorized person and by the City department primarily responsible for the project according to the nature of the contract, the needs of the City and complexity and special requirements of the specific contract for which the services will be provided. (c) RFP Procedures. If a formal RFP is used, the following procedures shall apply: A Request for Proposal solicitation document shall be issued to potential individuals or firms. The solicitation document shall discuss the following: i. Scope of work or specification desired. ii. List of any required qualifications. iii. List the evaluation criteria iv. The date of submission for the response by the vendor V. Only criteria disclosed in the solicitations may be used to evaluate the supplies or services proposed. 2. The solicitation document shall be made available to a minimum of three (3) qualified firms or individuals, unless three qualified firms or individuals cannot be located, and shall be made available for no less than fourteen (14) calendar days. WE (d) Evaluation of proposals received will be conducted by either an individual or a review committee. Interviews may be conducted, at the discretion of the person authorized to make the purchase, with one (1) or more responsible bidders who has submitted a proposal and is determined to be reasonably susceptible for being accepted for award. These discussions may be held for the purpose of clarification to assure full understanding of responsiveness to the solicitation requirements. (e) Multi -Year Contracts. The total not to exceed amount for the entire term of a multi-year contract shall be the amount utilized in determining the approval authority required under this Chapter. The City Council may authorize the Purchasing Manager to extend the term of such,, contracts provided the contract provides for such extensions. (f) The Purchasing Manager, Purchasing Agent or Purchasing Delegate shall notify the selected contractor and obtain a written contract to be kept on file with the City Clerk. 3.24.130. TEMPORARY STAFFING, PROFESSIONAL AND CONSULTANT SERVICES Proposals for all temporary staffing, professional and consultant services may be obtained pursuant to procedures determined by the Human Resources Department. Selection shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. It is not mandatory that a contract for temporary staffing, professional and consultant services be awarded to the lowest bidder when it is believed that the quality of service or technical expertise provided by a higher bidder warrants their selection. Reasons for the selection of any bidder other than the lowest bidders shall be in writing and shall be retained with the record of bids. Section 3.24.140 LOCAL PREFERENCE In order to promote the economic health of the City and to encourage local participation in the procurement process, the City in determining the lowest responsible bidder may take in to consideration the sales tax (one percent) which would be returned to the City as prescribed in this Section. (a) Definition. Whenever used in this section, the phrase "local bidder/vendor" shall mean a business, firm, or enterprise with fixed offices or locally taxable distribution points within the City, which holds a valid business registration issued by the City, and bearing a street address within the City. 15 (b) Local Preference. In awarding purchase orders and contracts for supplies and equipment, the City may grant a preference of one percent (1 %) to local bidder/vendors. The bids of all local bidder/vendors shall be reduced by one percent prior to determining the lowest responsible bidder. (c) Identical Bids. If after applying the preference provided for in subsection (b) of this section, identical bids are submitted by a local bidder/vender and a bidder who is not local, the contract shall be awarded to the local bidder/vendor. Identical bids by two or more local bidder/vendors shall be determined by the toss of a coin. In the event City Council approval is required for the bid, this provision shall not apply and the City Council shall award the bid in its discretion. (d) Exceptions. Notwithstanding the foregoing, the provisions of this section shall not apply under any of the following circumstances: 1 When application of the provisions of this section is prohibited by state or federal law or the requirements of a state or federal grant; 2. When a contract with the City to purchase supplies and equipment will be funded in whole or in part by donations or gifts to the City, to the extent that the provisions of this section would conflict with any conditions attached by the donor of the donation, provided that the donation and any conditions attached to it have been accepted and approved by the City Council; 3. When the Purchasing Manager determines that a contract with the City to purchase supplies and equipment results from exigent circumstances, and also determines either that any delay in the execution or performance of the contract would jeopardize the public health, safety, or welfare of the citizens of the City, or that the operational effectiveness of a significant municipal function would be seriously threatened if the contract were not entered into expeditiously. (e) Good Faith Effort to Contact Local Merchants. The City shall make a good faith effort when soliciting bids for supplies or equipment to solicit bids or proposals from local merchants. (f) Purchasing Manager Authorization. The Purchasing Manager, or his or her designee, may promulgate rules and regulations to implement the provisions of this section. (g) Enforcement and Penalties. In the event that the Purchasing Manager, or his or her designee, makes a finding that a bidder for a contract has made an intentional misstatement in order to obtain a local merchant preference IN under regulations adopted pursuant to this section, the bidder may be subject to any remedy available to the City at law or equity. A finding by the Purchasing Manager, or his or her designee, that a bidder for a contract has made an intentional misstatement in order to obtain a local merchant preference shall be regarded by the City Council as a basis for determining whether the bidder is a responsible bidder for the present contract or for future contracts. 2. A bidder who has been disqualified as a responsible bidder by a determination of the City Council, based on a finding by the Purchasing Manager, or his or her designee, that the bidder made an intentional misstatement in order to obtain a local merchant preference, shall be disqualified from bidding on all contracts with the city for a period of not less than one year from the date of the disqualification, as determined by the City Council. Section 3.24.150 USE OF RECYCLED MATERIALS All departments shall purchase and use recycled products and recycled materials when available unless determined by the City Manager to be financially infeasible. The City may at its option require its contractors and consultants to use recycled products in fulfilling contractual obligations Section 3.24.160 SURPLUS PERSONAL PROPERTY Each department shall periodically review its equipment and inventory and complete a surplus property list for items deemed surplus or have become obsolete or worn out. The completed list shall be submitted to the Purchasing Manager's office. A copy of the list shall also be given to the Finance Department in order to remove any items on the fixed asset inventory list. (a) Trade in. The Purchasing Manager or designee shall have the authority to exchange for or trade in on new equipment surplus personal property. (b) Sale. The Purchasing Manager shall have the authority to dispose of surplus personal property by auction, sealed bids, for scrap or negotiated sale, whichever in the Purchasing Manager's judgment will provide the maximum return to the City. (c) Disposed as trash. When the cost of locating a buyer exceeds the estimated sale price of surplus personal property or the item is obsolete or worn out or of minimal value, the Purchasing Manager may recycle, destroy or dispose of the item as trash. 17 (d) Disposed as gifts. The Purchasing Manager subject to the approval of the City Council may give surplus personal property to another public agency or special district such as a school district or library. Section 2. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this day of 2016. Mayor lu CITY COUNCIL Agenda # 8 , 2 Meeting Date: Aueust 16, 2016 AGENDA REPORT TO: Honorable Mayor and Members f the City Council VIA: James DeStefano, City Manager, � �_: TITLE: APPROVAL OF A BETTERMENT AGREEMENT WITH THE ALAMEDA CORRIDOR -EAST CONSTRUCTION AUTHORITY AND THE CITY OF INDUSTRY FOR LEMON AVENUE INTERCHANGE IMPROVEMENTS TO BE DONE IN CONJUNCTION WITH THE FAIRWAY DRIVE GRADE SEPARATION PROJECT RECOMMENDATION: Approve. FISCAL IMPACT: The total cost to complete the project is currently estimated at $20.1 Million which includes $18.2 Million for Construction by ACE, $0.8 Million for Construction Management by ACE, $1 Million for remaining utility relocation costs and $0.1 Million for Caltrans independent quality assurance (IQA). The City of Diamond Bar has secured a total of $9.37 Million in funding for construction which includes $7.52 Million in Federal SAFETEA-LU funds that is in the process of being de -federalized through Metro and $1.85 Million in Metro Prop C funds. Additionally, the City of Industry has committed approximately $8.21 Million towards the construction of the project. With project funds totaling $17.58 Million, there is an estimated project shortfall of $2.52 Million. See attached Exhibit A incorporated in the 3 -Way Betterment Agreement. BACKGROUND/DISCUSSION: On December 7, 2010 the City Council approved a Freeway Agreement with the State of California to construct a new partial diamond interchange on SR -60 Freeway at Lemon Avenue. The project will consist of a westbound on-ramp, eastbound on-ramp and eastbound off -ramp. On September 20, 2011 the City Council approved the Right -of -Way Co-operative Agreement with the City of Industry and the State of California (Caltrans) for the partial acquisition of property and temporary construction easements from nine (9) residential properties along Flintgate Drive and four (4) commercial properties. On September 16, 2014 the City Council approved an amendment to the Right -of -Way Cooperative Agreement _1- which increased the capital cost to $1,640,000 and support cost to $597,200. The Amendment No. 1 also identified the use of Metro Prop C funds for the right-of-way phase of the project, which had not originally been included. The right-of-way phase is now complete with the partial property acquisitions but the utility relocations are still underway. Also on September 16, 2014 the City Council approved the Advertise, Award and Administer (AAA) Co-operative Agreement with the City of Industry and the State of California (Caltrans) essentially contracting with the State to advertise the project for contractor's bids, award the project to the successful low bidder, and administer the contract in terms of construction administration services (i.e., inspection services). On March 11, 2016 the City Council approved a maintenance agreement between Caltrans and the City delineating the maintenance responsibilities within the State right-of-way which includes the area of Lemon Avenue under the freeway mainline. In early June 2016, the City of Diamond Bar and City of Industry were approached by Alameda Corridor -East Construction Authority (ACE) with a proposal to construct the Lemon Avenue Interchange improvements as a construction contract change order to the ongoing Fairway Drive Grade Separation Project. The Lemon Avenue improvements will help mitigate traffic detours that will occur during construction of the grade separation. A meeting was held on June 9, 2016 between ACE, Diamond Bar, Industry and Caltrans to discuss the logistics of transitioning the construction from a Caltrans AAA project to an encroachment permit project. As part of this transition, the AAA Co-operative Agreement with Caltrans will need to be amended. To date, we have not yet received a draft of these amendments from Caltrans. Following final plan approval, Caltrans issued an encroachment permit to ACE in July to construct the project. In order for the work to be included in ACE's Fairway Drive Grade Separation Project, Industry, Diamond Bar and ACE must enter into a Betterment Agreement to define the improvements to be constructed and the obligations of each city to reimburse ACE for construction and construction management costs totaling $19 Million. To work within the current available funding resources of $17.58 Million, the defined improvements are proposed to be done in two construction phases: Phase 1 includes construction of the westbound on-ramp and eastbound off -ramp, is fully funded and estimated to last 10 months; and Phase 2 includes construction of the eastbound on-ramp as well as removal of the existing eastbound on/off ramps at Brea Canyon Road, and is estimated to last 8 months. At its meeting on July 25, 2016, the ACE Board authorized its Chief Executive Officer to execute a Betterment Agreement with the cities of Industry and Diamond Bar. Because of the funding shortfall amount of $2.52 Million, City of Industry has amended the Betterment Agreement to provide an opportunity for any party to terminate the agreement and not commence with Phase 2 of construction. However, the current Betterment Agreement being taken to the Industry City Council does not contain several provisions which are in the Betterment Agreement being presented to the Diamond Bar City Council that account for the funding shortfall and Industry's previous commitment to identify funds to fill that shortfall. Working with the City Attorney, City staff has revised the Betterment Agreement with the following additional proposed amendments: _2_ • ACE's commitment to reimburse City of Diamond Bar for the 3% administrative fee ($0.226 Million) to be charged for repurposing the Federal SAFETEA-LU funds in order to de -federalize the Lemon Avenue Interchange Project (per the attached ACE commitment letter, dated August 1, 2016, see Exhibit B); • The City of Industry commitment to LA County Metro to fill/close any funding gap on the Lemon Avenue Interchange Project (per the attached Industry letter, dated June 27,2016, see Exhibit C); • Various clarifications regarding the notification and termination processes prior to Phase 2; and • Removal of dollar amount commitments for a specific party to close the funding gap. See Exhibit A. In our recent discussions, both Caltrans and Metro confidently assured Diamond Bar that the funding gap can be/will be closed. They were/are willing to explore their funding options as well as finding solutions to the funding shortfall. As an example, if the Los Angeles County Measure R2 sales tax augmentation and extension is approved by voters in November, then new revenue will be available to fully close the funding gap; however, this revenue source is not guaranteed at this time. At any rate, City staff were informed that both Caltrans and Metro want to wait until November to determine the path to address the funding shortfall. While City of Industry staff proposes that Diamond Bar pay $0.47 Million for upgraded sound wall detail work and that the balance of the shortfall be equally divided between the two cities, staff do not recommend becoming contractually obligated to contribute any additional money to close the funding gap. As these regional freeway improvements provide benefits to a Caltrans facility and are necessary as a result of project mitigation within City of Industry, staff believe that both cities have already contributed substantially and shouldn't spend any additional money towards the completion of the project. In order to move ahead with the project without delay, ACE can build the westbound on- ramp and eastbound off -ramp at a cost of $14.25 Million; however to do the eastbound on- ramp at a cost of $4.75 Million, others need to fill the gap amount of $2.52 Million. Staff recommends that the Council approve the Betterment Agreement and direct staff to continue our work efforts over the next 12 months for others to close the funding gap. An additional option available for consideration is to not approve the Betterment Agreement. If no action is taken, then ACE would not have the funds available to complete the Lemon Avenue Interchange improvements and would therefore not be able to satisfy the mitigation requirements for the Fairway Drive Grade Separation Project. A second option available for consideration is to commit to filling the funding gap. The revenue source for doing so is unknown at this time. �g_ PREPARED BY: Jaimee Bourgeois/David G. Liu REVIE B David G. iu, P.E. Director of Public Works DATE PREPARED: August 10, 2016 ATTACHMENTS: Betterment Agreement with Exhibits A, B, and C Exhibit B- August 1, 2016 Letter from ACE to City of Diamond Bar with a commitment to reimburse for the 3% administrative fee Exhibit C- June 27, 2016 Letter from City of Industry to Metro with a commitment to address any funding shortfalls -4- BETTERMENT AGREEMENT REGARDING THE INSTALLATION OF NEW RAMPS AT LEMON AVENUE AND STATE ROUTE 60 IN CONJUNCTION WITH THE FAIRWAY DRIVE GRADE SEPARATION PROJECT BY THE ALAMEDA CORRIDOR -EAST CONSTRUCTION AUTHORITY ON BEHALF OF THE CITY OF INDUSTRY AND CITY OF DIAMOND BAR THIS AGREEMENT effective this _ day of August, 2016, by and between the CITY OF INDUSTRY, a municipal corporation, hereinafter referred to as "INDUSTRY" AND the CITY OF DIAMOND BAR , a municipal corporation, hereinafter referred to as "DIAMOND BAR", and the ALAMEDA CORRIDOR -EAST CONSTRUCTION AUTHORITY OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, a California Joint Powers Authority, hereinafter referred to as "ACE", with INDUSTRY, DIAMOND BAR and ACE also each individually referred to herein as "PARTY" and collectively as "PARTIES". WITNESSETH WHEREAS, ACE has designed and is constructing a highway/railroad grade separation on Fairway Drive at the Los Angeles Subdivision of the Union Pacific Railroad, hereinafter referred to as "PROJECT"; and WHEREAS, to help mitigate traffic detour impacts resulting from the construction of the PROJECT by ACE, INDUSTRY and DIAMOND BAR desire to have ACE construct new on and off ramps at Lemon Avenue and State Route 60 in conjunction with PROJECT as described in Exhibit "A", attached hereto and incorporated herein by reference, hereinafter referred to as "BETTERMENT"; and WHEREAS, INDUSTRY and DIAMOND BAR proposes to reimburse ACE for the actual costs ACE incurs for the construction of BETTERMENT performed in conjunction with this AGREEMENT. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the Parties hereby agree as follows: SECTION I ACE AGREES: 1. To execute a contract amendment on ACE's existing PROJECT construction agreement to construct the BETTERMENT in accordance with Caltrans permit No. 716.AOP.1261 in the amount of $18,200,000. The contract amendment shall provide for the BETTERMENT to be completed in two phases, Phase 1 and Phase 2, as is set forth in the attached Exhibit "A", with construction of Phase 2 being contingent upon sufficient funding be identified as further set forth below. 2. Require the contractor for the BETTERMENT to add INDUSTRY and DIAMOND BAR (INDEMNITEES) on all policies of insurance required by ACE for the PROJECT as additional insureds to the same extent that ACE is an additional insured and prior to Page 1 of 9 1184323.1 commencement of PROJECT construction, provide INDUSTRY and DIAMOND BAR with endorsements and certificates of insurance evidencing the amount of coverage and the addition of the cities as additional insureds. 3. To construct the BETTERMENT in accordance with best practices, and pursuant to the requirements of all permits issued therefor. 4. To provide all required construction management, traffic management, material testing and inspection, and other necessary professional services contracts to complete the BETTERMENT in accordance with the approved plans and specifications and Caltrans permit No. 716.AOP.1261 provided by INDUSTRY and DIAMOND BAR, which plans and specifications and permits are incorporated herein by this reference. 5. To ensure compliance with the approved environmental document for the BETTERMENT, including the mitigation and monitoring reporting program 6. To track all construction, and construction management costs for BETTERMENT separately from PROJECT. 7. To invoice the INDUSTRY and DIAMOND BAR in adequate detail describing the work completed for the actual costs associated with construction of the BETTERMENT upon the completion of individual phases of the BETTERMENT as shown in Exhibit A. 8. To furnish an accounting of final actual costs for BETTERMENT and provide INDUSTRY and DIAMOND BAR an invoice of the same within one hundred twenty (120) days after acceptance of BETTERMENT by INDUSTRY and DIAMOND BAR. 9. Upon completion of PROJECT, to furnish INDUSTRY and DIAMOND BAR with as -built plans of BETTERMENT. 10. To provide INDUSTRY and DIAMOND BAR with a written notice of an estimated completion date for Phase 1 of the BETTERMENT at least 90 days prior to the estimated date of completion and prior to the start of any construction work for Phase 2. 11. To assist DIAMOND BAR in transferring federal funds currently allocated to the BETTERMENT in the amount of $7,521,427.30 to the Los Angeles County Metropolitan Transportation Authority ("Metro) to be used by Metro for the SR -71 freeway project as outlined in the August 1, 2016, letter from ACE's Chief Executive Officer Mark Christoffels ("ACE Letter"), in exchange for a matching amount of local funds to be paid by Metro to DIAMOND BAR to allocate to the BETTERMENT. ACE shall, in addition, as set forth in the ACE Letter, reimburse Diamond Bar for the 3% administrative fee charged in relationship to this transfer. The ACE Letter is attached hereto as Exhibit "B" and incorporated herein by reference. SECTION II INDUSTRY AND DIAMOND BAR AGREE: Page 2 of 9 1184323.1 1. To provide ACE with all approved plans and required Caltrans, INDUSTRY or DIAMOND BAR permits to construct BETTERMENT at no cost to ACE and to collaborate and cooperate with ACE during construction of the BETTERMENT. 2. To assist with the re -purposing of federal dollars currently allocated to the BETTERMENT in exchange for matching local funds to be paid to DIAMOND BAR for transfer to ACE of all third party permits obtained, orto be obtained, necessary to construct the BETTERMENT at no cost to ACE. 3. To assist with the transfer of currently allocated federal funds for BETTERMENT in the amount of $7,521,427 to another ACE project. 4. To pay One Hundred Percent (100°/x) of BETTERMENT environmental documentation, construction, and construction management costs up to a not to exceed amount of $19,000,000 as shown in Exhibit A; provided that the Parties are able to identify funds to meet the funding shortfall for Phase 2 and complete Phase 2 of the BETTERMENT. The not to exceed amount specified herein may be adjusted to account for changes in the scope of work due to change orders during the BETTERMENT construction if priorto such change in scope of work the PARTIES mutually agree in writing. ACE costs will be calculated based on the Caltrans -approved indirect cost rate applied to direct expenses. INDUSTRY and DIAMOND BAR will make all necessary efforts to pay properly documented ACE invoices within 30 days of receipt. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1. Should any portion of PROJECT be financed with funds with specific expenditure requirements or limitations, all applicable laws, regulations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 2. A funding shortfall of approximately $2.52 million dollars currently exists as to completion of Phase 2 of the BETTERMENT. As such, construction of Phase 2 of the BETTERMENT is contingent upon the Parties identifying funds to make up the funding shortfall. In a letter dated June 27, 2016, to Metro from INDUSTRY's City Manager Paul J. Phillips, INDUSTRY expressed its commitment to funding this shortfall. The letter is attached hereto as Exhibit "C" and incorporated herein by reference. ACE shall not commence any construction work on Phase 2 until the earlier of: (a) 30 days have passed since the time that ACE provided INDUSTRY and DIAMOND BAR with the notice set forth in Section 1.10 above; or (b) receipt of written notice from INDUSTRY and DIAMOND BAR that INDUSTRY has identified the funds to fill the gap in funding and directions for invoicing Phase 2 work as between INDUSTRY and DIAMOND BAR. Within 30 days of receipt ofACE's notice either INDUSTRY or DIAMOND BAR may, pursuant to written notice, terminate this Agreement as to Phase 2. Upon receipt of such notice ACE shall terminate any work related to Phase 2. To the extent ACE has incurred eligible costs related to Phase 2 which do not involve construction thereof, ACE shall invoice INDUSTRY and DIAMOND BAR for such costs in Page 3 of 9 1184323.1 proportion to each PARTY's relative share for the Phase 2 work. 3. INDUSTRY and DIAMOND BAR assign ACE as its agent to enforce any rights under applicable State or local franchises, laws or encroachment permits to cause the protection, rearrangement or relocation of any existing public or private utility facilities. If such utility fails to cooperate in such protection, rearrange or relocation, ACE shall identify such facilities and INDUSTRY or DIAMOND BAR, as applicable, shall enforce available rights under existing State or local franchises, laws or encroachment permits held by INDUSTRY and DIAMOND BAR for the protection in place, relocation, or removal of such facilities at no cost to ACE. ACE shall, or cause its contractor on the BETTERMENT to coordinate and inspect such protection, relocation, or removal work. Nothing in this Agreement shall restrict or affect INDUSTRY and DIAMOND BAR's or ACE's ability to enter into separate agreements with utilities for any purpose, including for reimbursements of utility costs for protection, relocation, maintenance, or removal of their facilities; provided that no PARTY shall be liable for any costs thereof unless a signatory to such separate agreement. 4. That in the construction of BETTERMENT, ACE will furnish a properly licensed resident engineer to oversee BETTERMENT construction and INDUSTRY and DIAMOND BAR may furnish their own representatives. Said representatives and resident engineer will cooperate and consult with each other, but the decisions of ACE's resident engineer shall remain the sole and primary directive for all BETTERMENT work. If material changes to the approved plans and specifications will impact BETTERMENT, the ACE resident engineer will obtain INDUSTRY and DIAMOND BAR's representative's written approval before authorizing said changes. 5. Prior to ACE acceptance of BETTERMENT, as completed, under the terms of the PROJECT's construction contract, ACE will confer with INDUSTRY and DIAMOND BAR in good faith to obtain INDUSTRY and DIAMOND BAR's written concurrence that the BETTERMENT has been completed in substantial conformance with the approved plans and specifications, which shall not be reasonably withheld. 6. Except as otherwise specifically provided in this AGREEMENT ACE and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "ACE INDEMNITEES") shall have no liability to INDUSTRY and DIAMOND BAR for the BETTERMENT, and INDUSTRY and DIAMOND BAR, pursuant to Government Code Section 895.4, shall indemnify, defend (using legal counsel of INDUSTRY and DIAMOND BAR 's own choosing), protect and hold harmless ACE INDEMNITEES, from and against any liabilities, as defined in Section III, Paragraph 8, or legal challenges to the BETTERMENT arising out of any act or omission by INDUSTRY and DIAMOND BAR or any person acting on behalf of INDUSTRY and DIAMOND BAR under or in connection with any work, authority, or breach of any obligation under this Agreement or work activities associated with the BETTERMENT and delegated to INDUSTRY and DIAMOND BAR under this AGREEMENT. Any rights of INDUSTRY and DIAMOND BAR to inspect, review, and/or approve of BETTERMENT design or construction shall not signify that ACE relinquishes management or control over such design or construction. 7. Except as otherwise specifically provided in this AGREEMENT, INDUSTRY and DIAMOND Page 4 of 9 1184323.1 BAR, their special districts and respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "INDUSTRY and DIAMOND BAR INDEMNITEES") shall have no liability to ACE for BETTERMENT, and ACE, pursuant to Government Code Section 895.4, shall indemnify, defend (using legal counsel of ACE's own choosing), protect and hold harmless INDUSTRY and DIAMOND BAR INDEMNITEES from and against, any liabilities, as defined in Section III, Paragraph 8, or legal challenges to the BETTERMENT arising out of any act or omission by ACE or any person acting on behalf of ACE under or in connection with any work, authority, or breach of any obligation under the Agreement or work activities associated with the BETTERMENT and delegated to ACE under this AGREEMENT. 8. Except as otherwise specifically provided in this AGREEMENT INDUSTRY and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "INDUSTRY INDEMNITEES") shall have no liability to DIAMOND BAR for the BETTERMENT, and DIAMOND BAR, pursuant to Government Code Section 895.4, shall indemnify, defend (using legal counsel of INDUSTRY's own choosing), protect and hold harmless INDUSTRY INDEMNITEES, from and against any liabilities, as defined in Section III, Paragraph 8, or legal challenges to the BETTERMENT arising out of any act or omission by INDUSTRY or any person acting on behalf of INDUSTRY under or in connection with any work, authority, or breach of any obligation under this Agreement or work activities associated with the BETTERMENT and delegated to INDUSTRY under this Agreement. 9. Except as otherwise specifically provided in this AGREEMENT DIAMOND BAR and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "DIAMOND BAR INDEMNITEES") shall have no liability to INDUSTRY for the BETTERMENT, and INDUSTRY, pursuant to Government Code Section 895.4, shall indemnify, defend (using legal counsel of INDUSTRY's own choosing), protect and hold harmless DIAMOND BAR INDEMNITEES, from and against any liabilities, as defined in Section III, Paragraph 8, or legal challenges to the BETTERMENT arising out of any act or omission by DIAMOND BAR or any person acting on behalf of DIAMOND BAR under or in connection with any work, authority, or breach of any obligation under this Agreement or work activities associated with the BETTERMENT and delegated to DIAMOND BAR under this Agreement. 10. The term "liabilities" used in Section III, Paragraphs 5, 6, 7 and 8 shall mean any and all judgments, awards, claims, demands, liabilities, injury (as defined by Government Code Section 810.8), obligations, litigation, fines, penalties, fees (including, without limitation, expert witness fees, engineering and defense costs, and legal fees), costs (including, without limitation, any and all costs involved in instituting a direct condemnation proceeding, and any and all costs involved in defending an inverse condemnation proceeding, and any and all cost involved in an environmental cleanup or archaeological discovery), expenses (including, without limitation, attorneys' fees and court costs), proceedings, suits, and actions of whatever kind, and damages of any nature whatsoever (including, without limitation, bodily injury, death, personal injury, or property damage). 11. No PARTY shall be liable to any other PARTY for any damages, delay costs, or termination costs of any type or a failure to perform any part of this AGREEMENT due to causes Page 5 of 9 1184323.1 beyond the control of any of the PARTIES. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts or inactions of federal state or local governments including funding reductions or eliminations, fires, floods, and severe weather. 12. If any PARTY fails to perform a material part of this AGREEMENT, the non -breaching PARTY shall notify the breaching PARTY in writing. Within thirty (30) days of such written notification, the breaching PARTY shall commence curing such breach and shall diligently pursue such cure to completion. If the breaching PARTY fails to pursue such cure to completion, the breaching PARTY shall be in default underthe terms of this AGREEMENT. In the event of a default, the non -breaching PARTY may pursue any legal or equitable remedies available to it including specific performance and the non -breaching PARTY shall have no obligation to make any payments to or undertake any work for the breaching PARTY until and unless the default is cured. 13. Every notice, demand, request, or other document or instrument delivered pursuant to this Agreement shall be in writing, and shall be either personally delivered, by Federal Express or other reputable overnight courier, or sent by certified United States mail, postage prepaid return receipt requested, to the addresses set forth below, or to such other address as a party may designate from time to time. To INDUSTRY: City of Industry 15651 E. Stafford Street City of Industry, CA 91744 Attention: Paul J. Philips, City Manager To DIAMOND BAR: City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Attention: James DeStefano, City Manager To ACE: ACE Construction Authority 4900 Rivergrade Road, Suite A120 Irwindale, CA 91706 Attention: Mr. Mark Christoffels, Chief Executive Officer 14. This AGREEMENT constitutes the entire understanding and agreement of the PARTIES and integrates all of the terms and conditions mentioned herein or incidental hereto with respect to the subject matter hereof, and supersedes all negotiations or previous agreements between the PARTIES with respect to all or part of the subject matter hereof. 15. This AGREEMENT may be amended in writing at any time by the mutual consent of the PARTIES. No amendment shall have any force or effect unless executed in writing by the PARTIES. 16. If any term, provision, covenant, or condition of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the AGREEMENT shall continue in full force and effect, unless one or both of the PARTIES Page 6 of 9 1184323.1 would be materially affected or abridged by such interpretation. 17. This AGREEMENT shall be construed and enforced in accordance with the laws of the State of California. 18. No assignment of this AGREEMENT shall relieve the assigning PARTY of its obligations under this AGREEMENT until such obligations have been assumed in writing by the assignee. When duly assigned in accordance with the forgoing, this AGREEMENT shall be binding upon and inure to the benefit of the assignee. 19. Any waiver, modification, consent or acquiescence with respect to any term of this AGREEMENT will be set forth in writing and duly executed by the PARTY to be bound thereby. No waiver of any breach hereunder will be deemed a waiver of any other or subsequent breach. 20. Neither ACE, INDUSTRY or DIAMOND BAR intends that there be a third -party beneficiary to this AGREEMENT. 21. ACE, INDUSTRY, and DIAMOND BAR will act in good faith in their individual performances under the terms of this AGREEMENT, including taking reasonable steps to mitigate costs. 22. The PARTIES shall comply with all applicable federal, state and local laws, statutes, ordinances and regulations of any governmental authority having jurisdiction over the BETTERMENT. 23. This AGREEMENT may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same AGREEMENT. Facsimile signatures will be permitted. [Signatures on following page] Page 7 of 9 1184323.1 IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be executed by their respective officers as of the date first written above. CITY OF INDUSTRY Mark Radecki, Mayor ATTEST: Cecelia Dunlap, Deputy City Clerk APPROVED AS TO FORM: James M. Casso, City Attorney CITY OF DIAMOND BAR Nancy A. Lyons, Mayor ATTEST: Tornmye Cribbins, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney IeCy0 Chief Executive Officer ATTEST: Secretary APPROVED AS TO FORM: ACE General Counsel Page 8 of 9 1184323.1 Exhibit A The proposed INDUSTRY and DIAMOND BAR requested improvements (BETTERMENT) consist of the construction of new on and off ramps from State Route 60 to Lemon Avenue as put forth in Caltrans Permit No. 716.AOP.1261 and all the plans and specifications associated with said permit. The estimated cost for construction of these improvements including all required construction oversight is: Phase1: Construction of the westbound on ramp and eastbound off ramp including all required signalization, striping and signage $14,250,000. Phase 2: Construction of the eastbound on ramp including all required signalization, striping and signage and associated improvements and ramp removals at Brea Canyon Road $4,750,000. Upon completion of each Phase, ACE shall invoice the City of Industry and the City of Diamond Bar as follows: city Phase 1 Phase 2 TOTAL Industry $7,258,526 $951,724 $8,210,250 Diamond Bar $6,991,474 $2,376,553.30 $9,368,027.30 To be determined* TOTAL $14,250,000 $1,421,772.70 $4,750,000 1 $1,421,722.70 $19,000,000 *In addition of the $1,421,772.70 shown above, another $1,100,000.00 is needed to fund the remaining utility relocation cost of $1,000,000.00 and Caltrans independent quality assurance cost of $100,000.00. All amounts to be billed and paid will be based on actual costs. ACE shall not exceed the costs shown above without written consent of the City of Diamond Bar and the City of Industry. Page 9 of 9 1184323.1 '00 Exhibit B ACE Alameda Corridor -East Construction Authority $g - om� 4900 Rivergmde Rd. Ste. A120 irwlndale, CA 91706(626)962-9292 fax f626)962-3552 www.theaceproject.org August 1, 2016 James DeStefano City Manager City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Subject: Fairway Dr. Grade Separation Project, Betterment Agreement and funding exchange for the construction of State Route 60 ramps at Lemon Avenue Dear Mr. DeStefano: In accordance with the draft agreement entitled "BETTERMENT AGREEMENT REGARDING THE INSTALLATION OF NEW RAMPS AT LEMON AVENUE AND STATE ROUTE 60 IN CONJUNCTION WITH THE FAIRWAY DRIVE GRADE SEPARATION PROJECT BY THE ALAMEDA CORRIDOR -EAST CONSTRUCTION AUTHORITY ON BEHALF OF THE CITY OF INDUSTRY AND CITY OF DIAMOND BAR" which was approved by the ACE Board on July 25, 2016, ACE is committed to providing to Diamond Bar a dollar for dollar exchange on the $7.5 million in federal funds currently committed to the Lemon Avenue Ramp project. It is our understanding that two funding exchange options are currently being considered. They include the following: 1. Federal funds currently allocated to the Lemon Avenue Ramp Project would be repurposed to an ACE project, specifically our Durfee Avenue Grade Separation Project. Once re -purposed ACE would provide Diamond Bar with a cash payment of non-federal funds in an amount equal to the funds allocated to the ACE project. 2. Repurpose the federal funds currently allocated to the Lemon Avenue Ramp Project to the 71 freeway project. Local funds currently committed to this project would be released to the City of Diamond Bar. This option includes a 3% administrative fee would be charged by Metro and the funds need to be used on a project that has a benefit to transit. It is our understanding that the Lemon Avenue Ramp Project would meet the transit requirement and could therefore be used to reimburse ACE for Diamond Bar's costs associated with construction of the Lemon Avenue Ramps Project. Should this option be pursued, ACE will reimburse the City of Diamond Bar for the associated 3% administrative fee. As stated in the referenced betterment agreement, ACE is committed to assisting the City of Diamond Bar and the City of Industry in getting the Lemon Avenue Ramp Project constructed in a timely and cost effective manner and hereby commits to working with the City of Diamond Bar on either of the options listed above regarding the exchange of the $7.5 million in federal dollars committed to the Lemon Avenue Ramp Project. Sincerely, Mark Chri o Chief Executive Officer ACE File 5462(1Q1.190.01.6(b) June 27, 2016 Exhibit C CITY OF INDUSTRY Incorpotated June 16, 1957 Ms. Fanny Pan Director, Subregional Planning Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Mail Stop: 99-22-4 Los Angeles, CA 90012-2952 Re: Call for Project # F1121, State Route 60/1-emon Avenue Partial Interchange Construction Dear Ms. Pan: The Cities of Industry and Diamond Bar have contributed substantial time and resources into construction projects at the State Route 60 / State Route 57 confluence. The completion of improvements to this critical regional interchange is a priority for the City of Industry, as our success in improving the interchange with a significant contribution of local funding (including General Fund and Successor Agency Funds) has historically proven. This letter shall serve as a commitment from the City of Industry to ensure that projects related to the 57/60 confluence will continue to be supported by the City of Industry, and the City of Industry will ensure that any funding shortfalls on the Lemon Avenue Interchange will be addressed by the City of Industry. We would urge METRO to continue its support of regional projects that improve goods movement for our nation, and to recognize the commitment that the Cities of Industry .and Diamond Bar have made to completing all phases of the 57/60 confluence project despite limited funding for goods movement projects in the region, by approving the extension of this vital funding source for the project. Please do not hesitate to contact Alex Gonzalez, the City's Director of Development Services and Administration at (626) 333-2211, or at alex@cityofindustry.org, if there are any questions. incerely, Q��g Pa I J. Philips City Manager N.O. 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