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062017 - Agenda - Regular Meeting
City of Diamond Bar City Council Agenda Tuesday, June 20, 2017 Study Session - 530 p.m., Room CC -8 Regular Meeting - 6:30 p.m. The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 JIMMY LIN RUTH M. LOW Mayor Mayor Pro Tem CAROL HERRERA NANCY A. LYONS 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.diamondbarca.gov 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. DISI)IOND BAR DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Spectrum Cable Channel 3 and Frontier ROS television Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3, Frontier ROS television Channel 47 and on the City's website at www.diamondbarca.gov. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca. General information: (909) 839-7010 THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON SPECTRUM CABLE CHANNEL 3 AND FRONTIER ROS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA June 20, 2017 STUDY SESSION: PUBLIC COMMENTS: CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: /_19 x:191%wel y_Tr14 LI I b7_3 Next Resolution No: 2017-25 Next Ordinance No: 05(2017) 5:30 p.m., Room CC -8 Economic Development Update. 6:30 p.m. Mayor Monsignor James Loughnane, St. Denis Catholic Church Herrera, Lyons, Tye, Mayor Pro Tem Low, Mayor Lin Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: Presentation of Certificate Plaque to King Bap, 1106 S. Diamond Bar Boulevard, as New Business for the month of June. Presentation of City Tile to Alison Meyers, Recreation Coordinator, as she retires 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. JUNE 20, 2017 PAGE 2 after Twelve (12) Years of Service Presentation of City Tile to City Manager James DeStefano, as he retires after Twenty-seven (27) Years of Service 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENTS: 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 Concerts in the Parks - The Answer (Classic Rock) - June 21, 2017 - 6:30 p.m. - 8:00 p.m., 22930 Golden Springs Drive. 5.2 Movies "Under the Stars" - Immediately following the Concert - The Secret Life of Pets - Sycamore Canyon Park, 22930 Golden Springs Drive. 5.3 Parks and Recreation Commission Meeting - June 23, 2017 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Planning Commission Meeting - June 27, 2017 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Concerts in the Parks, - The Ravelers (Rock N Roll) - June 28, 2017 - 6:30 p.m. - 8:00 p.m., 22930 Golden Springs Drive. 5.6 Movies "Under the Stars" - Immediately following the Concert - Pete's Dragon - Sycamore Canyon Park, 22930 Golden Springs Drive. 5.7 4t" of July Blast - July 4, 2017 - 5:00 p.m. - 9:00 p.m. - Diamond Bar High School, 21400 Pathfinder Road. JUNE 20, 2017 PAGE 3 5.8 July 4t" Holiday - City Offices will be closed in observance of the July 4t" Holiday. Offices will reopen on Wednesday, July 5, 2017 at 7:30 a.m. 6. CONSENT CALENDAR: 6.1 WAIVE READING IN FULL FOR ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVAL OF CITY COUNCIL MINUTES. 6.2.a Study Session of June 6, 2017 6.2.b Regular Meeting of June 6, 2017 Recommended Action: Approve. Requested by: City Clerk 6.3 RATIFICATION OF CHECK REGISTER DATED JUNE 1, 2017 THROUGH JUNE 14, 2017 TOTALING $ 1,371,444.92 IN CITY FUNDS. Recommended Action: Ratify. Requested by: Finance Department 6.4 APPROVE EXPENDITURES WITH THE CASTLE PRESS IN THE AMOUNT $63,344 PLUS AN ADDITIONAL 10% CONTINGENCY OF $6,334, FOR A TOTAL NOT TO EXCEED AMOUNT OF $69,678 FOR PRINTING AND MAIL PREPARATION SERVICES DURING FISCAL YEAR 2017-18. Recommended Action: Approve. Requested by: City Manager 6.5 APPROVE ADJOURNING THE CITY COUNCIL MEETING OF JUNE 20, 2017 TO JULY 18, 2017. Recommended Action: Approve. Requested by: City Manager 6.6 AWARD THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES CONTRACT TO MNS ENGINEERS, INC. FOR THE DIAMOND BAR BOULEVARD STREETSCAPE IMPROVEMENTS PROJECT (BETWEEN GOLDEN SPRINGS DRIVE AND SR -60 FREEWAY) IN A NOT -TO -EXCEED AMOUNT OF $295,866. Recommended Action: Award. Requested by: Public Works Department JUNE 20, 2017 PAGE 4 6.7 AWARD THE DESIGN AND CONSTRUCTION MANAGEMENT SERVICES CONTRACT TO TAIT & ASSOCIATES, INC. FOR THE GROUNDWATER DRAINAGE IMPROVEMENTS AT THREE LOCATIONS (GOLDEN SPRINGS DRIVE AT PLATINA, BREA CANYON ROAD AT SAPPHIRE, AND CASLTE ROCK ROAD AT HIPASS) IN THE AMOUNT OF $117,515 AND AUTHORIZE A CONTINGENCY AMOUNT OF $17,627 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $135,142. Recommended Action: Award. Requested by: Public Works Department 6.8 APPROVE EXTENSION OF CONTRACT AGREEMENT WITH MCE CORPORATION FOR STREET MAINTENANCE SERVICES FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $165,600.73 FOR FISCAL YEAR 2017-2018 Recommended Action: Approve. Requested by: Finance Department 6.9 APPROVE EXTENSION OF CONTRACT AGREEMENT WITH WEST COAST ARBORISTS FOR CITYWIDE TREE MAINTENANCE AND WATERING SERVICES FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $293,460 FOR FISCAL YEAR 2017-2018 Recommended Action: Approve. Requested by: Public Works Department 6.10 APPROVAL OF AMENDMENT #2 TO THE MAINTENANCE SERVICES AGREEMENT WITH GUARANTEED JANITORIAL SERVICES FOR THE LIBRARY, CITY HALL, DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM IN THE AMOUNT NOT TO EXCEED $141,815.88 FOR FISCAL YEAR 2017-2018 Recommended Action: Approve. Requested by: Public Works Department 6.11 AWARD OF CONSTRUCTION ADMINISTRATION SERVICES CONTRACT FOR THE AREA 5 RESIDENTIAL AND COLLECTOR STREET REHABILITATION PROJECT AND THE BREA CANYON CUT- OFF DRAINAGE IMPROVEMENT AND PAVEMENT REHABILITATION PROJECT TO ONWARD ENGINEERING, INC. IN THE AMOUNT OF $107,276.00 AND AUTHORIZE A CONTINGENCY AMOUNT OF $10,727.00 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $118,003.00. Recommended Action: Award. JUNE 20, 2017 PAGE 5 Requested by: Public Works Department 6.12 APPROVAL OF AMENDMENT #3 TO AGREEMENT WITH TENNIS ANYONE TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2017 THROUGH JUNE 30, 2018 IN THE AMOUNT OF $70,000. Recommended Action: Approve. Requested by: Parks & Recreation Department 6.13 APPROVE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LABOR AND CONTRACT COMPLIANCE SERVICES, INCREASING THE CONTRACT BY $35,100 FOR FY2017-18 FOR A TOTAL NOT TO -EXCEED COST OF $55,384. Recommended Action: Approve. Requested by: City Manager 6.14 APPROVE SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH SJC3 CONSULTING, INC., TO ADMINISTER THE CITY'S HOME IMPROVEMENT PROGRAM (HIP), INCREASING THE CONTRACT BY $20,000 FOR FY2017-18 FOR A TOTAL NOT -TO - EXCEED COST OF $59,560. Recommended Action: Approve. Requested by: City Manager 6.15 APPROVE AMENDMENT NO. 3 TO CONSULTING SERVICES AGREEMENT FOR STORMWATER COMPLIANCE AND ENVIRONMENTAL ENGINEERING SERVICES WITH JOHN L. HUNTER & ASSOCIATES FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $74,500 FOR FISCAL YEAR 2017-2018. Recommended Action: Approve. Requested by: Public Works Department 6.16 APPROVE AMENDMENT NO. 3 TO CONSULTING SERVICES AGREEMENT FOR CAPITAL IMPROVEMENT PROGRAM PROJECT MANAGEMENT SERVICES WITH PROJECT PARTNERS FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $100,000 FOR FISCAL YEAR 2017- 2018 Recommended Action: Approve. Requested by: Public Works Department JUNE 20, 2017 PAGE 6 7 0 6.17 APPROVAL OF AMENDMENT # 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SIMPSON ADVERTISING, INC. IN THE AMOUNT OF $6,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $66,762 FOR THE FISCAL YEAR 2016/17. Recommended Action: Approve. Requested by: City Manager PUBLIC HEARINGS: 7.1 ADOPT RESOLUTION 2017 -XX ADOPTING A SCHEDULE OF RATES, FEES, AND CHARGES FOR COMMUNITY DEVELOPMENT SERVICES AND ADMINISTRATIVE/MISCELLANEOUS FEES (CONTINUTED PUBLIC HEARING) Recommended Action: Receive presentation, re -open the Public Hearing, Receive testimony, Close the Public Hearing, Discuss and Adopt Resolution. Requested by: City Manager 7.2 ADOPT RESOLUTION NO. 2017-XX(A), NO. 2017-XX(B) AND NO. 2017- XX(C) LEVYING ASSESSMENTS ON CITY OF DIAMOND BAR LANDSCAPE DISTRICTS NO. 38, NO. 39 AND NO. 41 FOR THE FISCAL YEAR 2017-18 Recommended Action: Receive Staff's Presentation, Open the Public Hearing, Receive Testimony, Close the Public Hearing, Discuss and Adopt Resolution No's. 2017 -XX (District 38), 2017 -XX (District 39) , and 2017-XX(District 41). Requested by: Finance Department COUNCIL CONSIDERATION: Adoption of Fees 8.1 APPROVAL OF CONTRACT WITH YMCA OF POMONA VALLEY ACQUIRING PARCEL NOS. 8718-005-007 AND 8718-005-008 FOR PUBLIC USE AS A NEIGHBORHOOD PARK AT A PRICE OF $740,000 AND APPROPRIATION OF FUNDS FROM GENERAL FUND RESERVES Recommended Action: Approve and Appropriate funds. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: JUNE 20, 2017 PAGE 7 10. ADJOURNMENT: SpN GABRIEL V14,,,, FC"NOMIC PARRAE�'�\e San Gabriel Valley Economic Partnership a r 'nom � �'_.:�� IN �... y rr ;7d, r,�ti. +t£t }ti �`�`i�ii�=��iiF✓s�'" -rT 854 _ 95.4 - t .,�"' �s �!`--��,.�.�`�.... ,''� j►' � °�'� t=� iz—A'00 i I,. MISSION OF THE PARTNERSHIP Fostering a business - friendly climate and the success of businesses 1 Engaging in Political Advocacy ,I Marketing the strengths of the Partnership and the San Gabriel Valley L/) LMLj m LU V) LU V) Ln LLJ z V) m AhAlbertsong VOLAS PAVILIONS �j BOLTON & COMPANY TAIRPLEX Foothill Gold Line �ED CflTHfly BflnK Southern California Gas Company City0f ,__ Bankof America 1 HopeT. .j SOUTHERN CALIFORNIA EDISON" An EDISON INTERNATIONAL!", Company 11 MAJESTIC MANAGEMENT CO. CITY NATIONAL BANK The way up.- ti A A Sempra Energy utility° • KAISER PERNIANENfE® CBRE CB RICHARD ELLIS Foothill Transit Going Good Places 0 PACIFIC PALMS CONFERENCE RESORT LLJ m LU Alhambra Arcadia Azusa Baldwin Park Claremont Covina Diamond Bar Duarte EI Monte Glendora Industry Irwindale La Puente La Verne Monrovia Montebello Monterey Park Ontario Pasadena Pomona Rosemead San Dimas San Gabriel Sierra Madre South EI Monte South Pasadena Temple City West Covina z z � Q LU 0 z N rle z LU C:) kD to ry,0 a) Metro THREE VALLEYS MWD Jet Propulsion Laboratory California Institute of Technology Foothill Transit Going Good Places 5 yhGabriel�y Watcr Quality Authority SANITATION DISTRICTSOF LOS © ANGELES COUNTY Converting Waste Into Resources SAN GABRIEL VALLEY 141 CSNIC:IPAL NATER DISTRICT OlYi Y G� -1 P THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA SGVCOG Sun GnbriCl Yallr,�V COL11161 or GOvcrnntenls LA�*,- THE PORT OF LOS ANGELES 010 1111110 901!j 16 SAN GABRIEL VALLtY SOCAUS O OEN OPPORTUNITY �„c,roa.bmaavr .... w.a. Monrovia e,.mbu.y Duarte Azusa Glendora .�ollywmtl Bir W nN Nipw. Y Pasadena -, 'a•���n lY s„N.++nn Arcadia Scuta VuaJene Temple City Ir"'i^dela San Gabriel Covina Alhambra 7( .......... M •ElMonm Baldwin Park• .©„��____•._ ___.Y `Rosemead .. West Covina Monterey Park La Puente............ Walnut ••''•••.. ,, - - •'south El Monte •�• - City of industry Montebello San Dimas La Vera Claremont ........ x ICSC RECon Trade Show N G�SgrEL VALIE Y.. , 54CAL'S GOLDEN OPPORTUIVfTY x Gold--� Qppo 'Get the MULTIMODAL TRANSPORTATION HEALTHCARE' a Cahada Plintridge Azusa Glendora Hollywood Burbank [ r'OWN +► o� r iF. Tindale l fi r r'' Covina ter I 1 Baldwin Park rl r r+•° Wr- Los Angeles astr}nl y `. 6 z Mentrr. ,' • • 'µl 2016-17 Executive Board Carlos Illingworth Chair Coca-Cola North America Reyna Del Haro Secretary Kaiser Permanente Tina Javid Vice Chair Southern California Gas Company Darrell George City Manager Representative City Of Duarte r, Lupe Valdez Treasurer Union Pacific Railroad David Reyno Immediate Past Chair Foothill Transit Bart Doyle Past Chair Attorney At Law SGV Awards GALA E • 0 it '! �#si�� .ray �f° Economic Forecast Summit 0 FIND US . 11341W DIAMOND BAR Economic Development Studv Session ECONSolutions By HdL AGENDA ECONSOLUTIONS BY HDL •:' BUSINESS ATTRACTION SUPPORT a WHAT IS ECONOMIC DEVELOPMENT? RETAIL DEVELOPMENT STRATEGY v fy CITY'S ROLE IN RETAIL RECRUITMENT _; DIAMONDBAR ':' WHAT MOTIVATES? ':' DIAMOND BAR COMMUNITY PROFILE _ CITY OF , DIAMOND BAR DIAMOND BAR SWOC �'- INCORPORATED 1989 ❖CONSUMER DEMAND/MARKET SUPPLY -'05 •O VOID ANALYSIS p t . OPPORTUNITY AREASVw r ks►� �. t d_�., 4 f t` "s ,,: ��,�� ' DEVELOPMENT SERVICES FORMULATE A 3 -YEAR ECONOMIC DEVELOPMENT ACTION PLAN NEXT STEPS ECONSolutions By HdL * y o. c1�Y oP ��oF c�oy� — �' \V�1�1� ULLlIO11DBt1R ��q<ffoa�v�CUPERTINO MDANVIIl F J`l.a gu nua24 Y�V� f4 �rJ f LINTRIDGE_. ^A a o�aEWP°Rr OAKLEY :Q CITY OF MORGAN lilt L cr r:� u � S CALIFORNIACO �O 9crFon"�T p RA CITYOFPLFASAMULL 4?,NCHO w „ O A r CITY OF F ,f TAFr `2 f' I! an®r4iz®d for the fu2ur. CALIFORNIA •�.M (`�u �iCPlldf� \\\\\\� ,oFv2cro�h. • JGCPV•LL��f+ I VAONO LLEJO �• ,T r ECONSolutions By HdL OUR SERVICES... e'e BUSINESS ATTRACTION SUPPORT INSIGHT MARKET ANALYTICS VOID ANALYSIS & MARKET PROFILE e e'e COMMUNITY PROFILE ':' ECONOMIC DEVELOPMENT ACTION PLAN ':' RETAIL PERFORMANCE ASSESSMENT DEVELOPMENT PROJECT ASSISTANCE HIGHEST & BEST USE STUDY ECONSolutions By HdL 3 6, F77F , ALDI rlilla BLAZE©PIltR�� • t factory c� 3 �+SCAN GP ��a �e0 ECONSolUtions By HdL BUSINESS ATTRACTION SUPPORT... �Oo • • . • . . HIBBETT SPORTS® ECONSOLUTIONS BUSINESS ATTRACTION SUPPORT HAS LED TO GAME TESTED ATHLETE APPROVED.°° NEW BUSINESSES COMING TO THE FOLLOWING COMMUNITIES: APPLE VALLEY �oge�r arshalls. S I °:° BANNING '` °:° COVINA �artyclty °'.° DIAMOND BAR / IQw�� Petco, Kam- HF�N�BR Di2ESS FOZ LESS SL,EEPJTRAVW SportClips HAIRCUTS EASTVALE IND10 MARINA --- °e° TEMPLE CITY Fa M S 4 +°®° UPLAND ECONSolutions By HdL WHAT IS ECONOMIC DEVELOPMENT? EFFORTS TO INCREASE ECONOMIC ACTIVITY BY STRENGTHENING EXISTING BUSINESS AREAS, ATTRACTING NEW BUSINESSES AND CREATING EMPLOYMENT OPPORTUNITIES, ALONG WITH PROMOTING AN EFFECTIVE CLIMATE FOR BUSINESSES TO SUCCEED AND FLOURISH. •:' FACTORS INCLUDE: ❖ JOBS CREATED ❖ INCOME GENERATED '�• MARKETPLACE GROWTH •:' INCREASED SALES ❖ INCREASED LOCAL REVENUES HEALTHY BUSINESS ENVIRONMENT rl (4 ECONSolutions By HdL RETAIL DEVELOPMENT STRATEGIES ':'AN ECONOMIC DEVELOPMENT FUNCTION WITH A DISTINCT ARRAY OF PROCESSES ':'THE CITY CAN PLAY AN IMPORTANT ROLE BY '�� LEANING THE `WgA,` IN RETAIL RECRUITMENT EFFORTS ':•UNDERSTANDING ""MARKET DRIVEN" ':'FACILITATING THE DEVELOPMENT PROCESS '*+'LAND USE POLICY +SUPPORTING INITIATIVES TO CREATE A STRATEGY FOR SUCCESS 4®'*BUSINESS ENVY RONfl\=fIE6eJ' EC®NSolutions By HdL CITY'S ROLE IN RETAIL RECRUITMENT +DEFINE AND MANAGE EXPECTATIONS '`.*'ESTABLISH APPROPRIATE LAND USE GUIDANCE '*.'CONFIRM TRADE AREA DEMAND ':'INVOLVE AND WORK WITH PROPERTY OWNERS ® LIMITED SUCCESS WITHOUT THE COOPERATION AND PARTICIPATION DISCUSS MARKET ANALYTICS '+'COMMUNICATE THE POSITIVES OF COLLABORATION 'e' HAVE A VISION ECONSolutions By HdL CITY'S ROLE IN RETAILRECRUITMENT CONTINUED... DENTIFY, CULTIVATE AND ATTRACT TENANTS '®®UNDERSTAND TRADE AREAS +WHAT IS MISSING, WHAT IS POSSIBLE AND WHAT IS REALISTIC '®°WHO IS DOING DEALS AND WHERE ':'FACILITATE THE PLANNING ENTITLEMENT AND PLAN CHECK PROCESSES '®'EFFORTS TO STREAMLINE AND CREATE PREDICTABLE APPROVALS MUST BE MADE ECONSolutions By HdL WHAT MOTIVATES THE CITY ':'CREATE OPPORTUNITY FOR QUALITY RETAIL AREAS ':•ATTRACTING QUALITY RETAIL THAT WILL BE SUCCESSFUL IN THE COMMUNITY ':'ATTRACT TENANTS THAT WILL "FIT" INTO SHOPPING CENTER DESIGN GUIDELINES ':'CREATE REVENUE OPPORTUNITIES - NEW SALES TAX AND T.O.T REVENUE THE PROPERTY OWNER •:'CREATE OPPORTUNITIES FOR LITTLE TO NO VACANCIES ':•ATTRACTING RETAIL THAT WILL SIGN LONG-TERM LEASES ':'ATTRACT NEW LESSEE THAT CAN "MOVE - IN" WITH LITTLE TO NO REQUIRED IMPROVEMENTS BY THE OWNER ECONSolutions By HdL DIAMOND Baa -COMMUNITY PROFILE ECONSolutions By HdL Diamond Bar Trade Area (10 -Min. Drive Time) +POPULATION 57,267 97,638 •*+• HOUSEHOLDS 18,542 30,227 •*+•AVERAGE HOUSEHOLD INCOME $108,887 $105,984 •*+•OWNERS/RENTERS 79/21% 81/19% •*+•WHITE COLLAR/BLUE COLLAR 78/22% 78/22% •*+•HISPANIC 19.8% 24.4% ****WHITE 21.2% 20.5% •*+*ASIAN 52.3% 47.9% •*+• BLACK 3.8% 4.3% *TRADE AREA REFERS TO INTERSECTION OF DIAMOND BAR BLVD. AND GRAND AVE. ECONSolutions By HdL DIAMOND BAR STRENGTHS/OPPORTUNITIES STRATEGIC LOCATION INCLUDING FREEWAY ACCESS TO SR 60, SR 57 AND 1-10 ':' THE 50 SAFEST CITIES IN CALIFORNIA BY SAFEWISE.COM QUALITY INFRASTRUCTURE INCLUDING STREETS, PARKWAYS & UTILITIES ':' RATED TOP 10 TOWNS FOR FAMILIES BY FAMILY CIRCLE MAGAZINE W EAKNESSES/CHALLENGES ':' COMPETITION FROM LARGER SHOPPING CENTERS IN NEIGHBORING CITIES ':' BUILD -OUT COMMUNITY -REQUIRES FOCUS ON REPOSITIONING OR REDEVELOPMENT OF CENTERS ':' NUMBER OF SHOPPING CENTERS HAVE FRAGMENTED OWNERSHIP ECONSolutions By HdL C L"tI] Bila:aola►Ti/i\►1DR610M �ifilkoA =IM II�: FULL SERVICE HOME IMPROVEMENT RESTAURANTS STORES CLOTHING STORES GROCERY STORES OPPORTUNITIES AUTOMOTIVE • PARTS • ACCESSORIES • TIRES BEER/WINE SPECIALTY BEVERAGE STORES VOID ANALYSIS BURLINGTON COAT FACTORY DOLLAR TREE CAFE RIO BLAZE PIZZA CHIPOTLE (COMING) THE ORIGINAL PANCAKE HOUSE TUESDAY MORNING GROCERY OUTLET SPROUTS (COMING) COFFEE BEAN ( COMING) ROSS STORES (COMING) LES SCHWAB TIRES FIREHOUSE SUBS MoD PIZZA Z -PIZZA TAP Room ONO HAWAIIAN BBQ ORCHARD SUPPLY HARDWARE HARBOR FREIGHT TOOLS DUNKIN' DONUTS YOG U RTLAN D DRESSBARN DISCOUNT TIRE FIVE GUYS THE HABIT BURGER (COMING) THE BROKEN YOKE KIRKLAND'S ALDI PETCO SONIC 99 RANCH MARKET ECONSolutions By HdL FOCUS AREAS OF OPPORTUNITY ECONSolutions By HdL Md,— park - - Fairplex Cnea oerelopm^mcamel' - wesl Covil,a F=> - Colpoly-, ��- ,...�. - � Pomona Mt. San dma sic COjl,' - -. nea gym=• _�_... _ice= _ h Helghl R vvland I PPP551 —104Hsi 4al fen:ple Flghls -"- Sw' I, lagan lAlinc Arbil - _ 1 _ _ Fesr)i'a1:ory .Sleepy llal'io.i � la Habra ECONSolutions By HdL DEVELOPMENT SERVICES ':' CONTINUE TO EMBRACE "BUSINESS FRIENDLY" CULTURE AND "CAN DO" ATTITUDE •'' MAINTAIN CONSISTENT STANDARDS AND EXCELLENCE IN CUSTOMER SERVICE ':' SHARED VISION WITH CITY COUNCIL & STAFF, ALONG WITH UNDERSTANDING ROLES/RESPONSI F] UTI ES + MAKE DIAMOND BAR A BEST PLACE TO DO BUSINESS ECONSolutions By HdL ECONOMIC DEVELOPMENT ACTION PLAN ':' RECOGNIZE THE MARKETPLACE ':' UNDERSTAND TRADE AREAS AND MARKET ANALYTICS ':' BE REALISTIC ABOUT USER POSSIBILITIES + IDENTIFY NEAR-TERM OPPORTUNITIES ':' ESTABLISH GOALS & OBJECTIVES TO BE ACCOMPLISHED WITHIN A 3 -YEAR TIMEFRAME CONSolutions By HdL Feedback from City Draft 3 -year Economic Council Members Development Action Plan Solicit input from the Regional Chamber of Commerce — SGV, Business Leaders, & Stakeholders City Council to consider adoption of Economic Development Action Plan CITY COUNCIL 6.1 Agenda #: 6.1 Meeting Date: June 20, 2017 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Tommye Cribbins, City Clerk TITLE: WAIVE READING IN FULL FOR ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. RECOMMENDATION: Approve. PREPARED BY: AAWPAWALO 49 T©mmye Cr ins, City Clerk 6/20/2017 Packet Pg. 10 Agenda #: 6.2 Meeting Date: June 20, 2017 CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: APPROVAL OF CITY COUNCIL MINUTES. RECOMMENDATION: Approve. Attachments: 1. 6.2.a Study Session of June 6, 2017 2. 6.2.b Regular Meeting of June 6, 2017 6.2 AGENDA REPORT Packet Pg. 11 6.2.a CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION UNE 6, 2017 STUDY SESSION: M/Lin called the Study Session to order at 5:21 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. ROLL CALL: Council Members Herrera, Tye, Mayor Pro Tem Low and Mayor Lin Absent: Council Member Lyons Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Greg Gubman, Community Development Director; Dianna Honeywell, Finance Director; Anthony Jordan, Parks Maintenance Superintendent; Ken Desforges, IS Director; Kimberly Young, Senior Civil Engineer; Anthony Santos, Assistant to the City Manager; Alfa Lopez, Sr. Management Analyst; Dannette Allen, Management Analyst; Fabian P. Aoun, Assistant Engineer; Amy Haug, Human Resources/Risk Manager; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. ► CITY MANAGER'S RECOMMENDED FY 2017 18 BUDGET — Discussion and Action. (Supporting Document under Council Consideration No. 8.2) FD/Honeywell presented the City Manager's recommended FY 2017-18 Budget. She asked if there were any remaining questions about the City's reserves from the previous study session. MPT/Low questioned how there could be no depletion in the reserves. FD/Honeywell responded that the reserves beginning figure is correct. CM/DeStefano explained that the reserve figure is a "snapshot in time." The reserves starts off much higher than it has been in the last few years because there are several million dollars of carryover projects that will not be finished in the current fiscal year that will rollover to the next fiscal year. The money gets rolled over and is pulled out upon completion of the projects. The reserves are depleted from $18.8 million to $17.7 million, principally due to $7- $800,000 of so-called "one-time money" that is being spent to purchase new recreation software and desperately needed financial software for the City. There is a depletion of reserves which ebbs and flows over time depending upon how the City uses its revenues, what types of one-time money the City has coming in and a variety of different factors. For the last several years the City has been ending at around $17 or so million in reserves. Which is a very healthy number as compared to the General Fund Operating Budget. FD/Honeywell explained to MPT/Low that the $18.8 million should be $21.5 million. C/Tye said that MPT/Low's question was "why is there no depletion" which he did not understand. Packet Pg. 12 6.2.a une 6, 2017 PAGE 2 CC STUDY SESSION FD/Honeywell explained that if the revenue from the proposed budget for 2017-18 is $29.7 million less the proposed appropriations of $29.2 million totals $447,000. The current year's resources less the appropriations shows an increase to the reserves of $447,000. Reserves are then used to pay for projects that were not completed (carryover from the previous year) the reserves are being depleted by $4.3 million. Following discussion, FD/Honeywell turned the discussion to Senior Civil Engineer Young whom went on to discuss the Capital Improvement Project Program. SCE/Young talked about the CIP proposed 2017-18 FY budget using a PowerPoint presentation. This time last year the City Council approved a CIP program of 37 projects with a total budget of just over $19.5 million. Over the course of the year that total number of projects increased to 47 and included private developer park projects such as Diamond Canyon and Larkstone Parks which are not necessarily funded by the City but are managed by staff as a CIP. It also includes other agency projects such as the SR 60 Freeway improvements at Grand Avenue as well as, Emergency Public Property Repairs that were added at mid -year for the Sycamore Canyon Slope Repair and other storm damage projects, Neighborhood Traffic Management Projects that come to staff at the community's request and Building Maintenance Projects that were added at mid -year (City Hall server room HVAC and Pantera Park walkway lighting). Currently, and close to the end of Fiscal Year 2016-17 a total of 57 projects are being managed by staff. To date, 15 projects have been completed for a total improvement value of just over $3.6 million. An additional four projects are expected to be completed prior to June 30 which will total 19 projects completed for Fiscal Year 2016-17. Projects to date have been completed under the Council's authorized budget with a total savings of $241,946 and staff expects that the four projects to be completed by June 3011 will result in further savings. An additional 19 projects are currently either in design or under construction and will be carried over into Fiscal Year 2017-18 with proposed completion dates to occur within the next Fiscal Year. C/Tye questioned that only $3.6 million of the total budgeted amount of $19.5 million was spent. SCE/Young explained that the larger funded projects such as the Lemon Avenue project and the Adaptive Traffic Control Project are still underway. SCE/Young continued that for the proposed 2017-18 CIP Projects, the proposed budget is just over $21 million with 32 projects being proposed. Again, this does not include outside agency or private developer projects that are not being funded by the City but are under City staff management. The projects are separated into categories that include: Street Improvement, Traffic Management, Safety Projects, Transportation, Infrastructure, Miscellaneous Public Works Projects, and Facilities, Parks and Recreation Improvement Projects. Packet Pg. 13 6.2.a une 6, 2017 PAGE 3 CC STUDY SESSION Proposed Street Improvement Projects: (budget of just over $3.7 million) 1) Morning Canyon Parkway (carryover project) 2) Brea Canyon Cutoff Road Rehab and Drainage Improvement Project and Area 5 Annual Slurry Seal Road Maintenance Project within the Residential Areas. 3) Pathfinder Road Rehab Project (LA County project) 4) Diamond Bar Boulevard Street Rehab Project 5) Proposed Traffic Management Safety Projects including the Neighborhood Traffic Management Program 6) Traffic Signal Infrastructure Upgrade Project year 2 and 3 7) Adaptive Traffic Control System 8) Copley Drive/Golden Springs Drive Intersection Traffic Signal Modification SCE/Young stated that the proposed Transportation Infrastructure Project is the one project at Lemon Avenue, which is currently under construction that was budgeted for the right-of-way phase and the construction phase. M/Lin asked if the money was in the bank. SCE/Young responded that the money will be in the bank. Staff did a repurposing of the Federal Funds last fiscal year and everything will be in the bank except the $2 million MTA Grant which is being reimbursement.as the City submits invoices. MPT/Low asked if the City had to pay for any easements in the project area or was it part of the budgeted amount. CM/DeStefano responded affirmatively. SCE/Young responded that they were all partial takes and no full takes of the property. SCE/Young continued that the proposed Miscellaneous Public Works Improvement Projects (just over $3 million budgeted) included Groundwater Drainage Improvement Projects, Phases I and II, The Sewer System Evaluation Capacity Assurance Plan is a project staff will be performing next fiscal year in partnership with LA County as they are the Sewer Maintenance provider. The City Entry Monuments is currently in final design for two new City entry monuments, similar to the one at Longview to be located at Golden Springs Drive and Calbourne Drive at the westerly City limit and at the northerly City limit of Diamond Bar Boulevard and Temple Avenue. C/Tye asked if the monument at Longview was supposed to have been backlit because when he looked at it one night it was dark. SCE/Young said it is supposed to be and she will have maintenance check it out to make sure it is working properly. Packet Pg. 14 6.2.a une 6, 2017 PAGE 4 CC STUDY SESSION M/Lin asked what the City's responsibility/liability is with respect to its sewer system. SCE/Young responded that LA County maintains the City's entire sewer system. As part of the Waste Discharge Requirements Order the City must comply with their needs to be a sewer system evaluation capacity plan which staff will be working with the County to conduct. It is her understanding that the funding the County has is for maintenance purposes and the City is partnering with the County to conduct a plan for a Capital Improvement type of study rather than maintenance. M/Lin said he understood that the pump station behind H Mart is way under capacity and will cost millions to upgrade and wanted to know who would have to pay for it. SCE/Young said that the system functions at capacity with respect to emergency storage. Functionally, it works at capacity without a problem. It is the emergency storage capacity that the County wants to improve. CM/DeStefano said that the City has been having a discussion with the County for some time now as to who pays for it. C/Herrera said the County owns it. CM/DeStefano stated that that is part of the conversation, portions of which may deserve Closed Session consultation with the City Attorney. MPT/Low asked if the Stormwater Mandate was part of this year's CIP. SCE/Young responded that this is ongoing. This mandate is ongoing for which the City has money in its operating budget to ensure compliance. SCE/Young stated that the Diamond Bar Boulevard Streetscape Project is being proposed for next fiscal year for design to implement the streetscape elements that were incorporated at the Grand Avenue/Diamond Bar Boulevard intersection along the Diamond Bar Boulevard corridor between Golden Springs and the freeway. This project is currently in the consultant selection process and staff anticipates the design to be completed by the end of FY 2017-18 with construction to take place the following fiscal year. C/Tye asked if the $300,000 was for the design portion only. SCE/Young responded yes. The project will incorporate more than just the streetscape elements and will include complete street elements to enhance transit, bike paths, bike routes, pedestrian paths as well as, complying with stormwater regulations and incorporation as a "green" street which the City is mandated to have. Packet Pg. 15 6.2.a une 6, 2017 PAGE 5 CC STUDY SESSION SCE/Young said that the Grand Avenue/Golden Springs Drive intersection enhancement is a new project in conjunction with the City of Industry's proposed project for widening the Grand Avenue/Golden Springs Drive intersection as a mitigation measure to their Industry Business Center Development north of the freeway. The widening will take place within the golf course properties which means Diamond Bar businesses will not be affected. However, in coordination with the widening of the intersections this project proposes to add streetscape elements and other landscape enhancements to the intersection. SCE/Young stated that for the Lemon Avenue "Quiet Zone" project, the City will partner with the City of Industry to conduct a study to make the railroad passing at Lemon Avenue a "Quiet Zone." SCE/Young responded to C/Herrera that the $100,000 includes the study and the construction for which there are funds budgeted that City of Industry has committed. C/Tye thought the study had been done but was never implemented. SCE/Young said no study was done previously. CM/DeStefano said this item emanated from the "Stadium" agreement of 2008-09 where the City knew the line would be used more frequently for stadium -based events so the City demanded that City of Industry fork over what at that point was estimated to be about a million dollars to upgrade it to standards for a "Quiet Zone". Over time staff has learned that it will not require that amount of money and that Diamond Bar can fund it with a couple of extra bucks from Industry. CM/DeStefano further stated that completion of the Quiet Zone is the last piece in Diamond Bar and residents may still hear train noise from Temple until the intersection in Pomona is improved and may still hear train noise from a private crossing behind Kohl's at Grand Avenue and Valley Boulevard until that private crossing is finally eradicated. SCE/Young concluded with the proposed Facilities, Parks and Recreation Improvement projects with a proposed budget of just under $1.5 million which includes the design improvements of Heritage and Peterson Parks Facilities (design only), construction of the Longview Park South Improvements (under construction shortly), design of the Canyon Loop Trail, Sycamore Canyon Park Slope Erosion Repairs (due to the January storm damage), Pantera Park Walkway Lighting Replacement, Starshine Park Improvements (replace the play surface area of the playground and enhance ADA Accessibility around the park), HVAC Replacement for City Hall and the Diamond Bar Center Roof Rehabilitation Phase II project. C/Tye asked if the slope erosion could be done and paid for by the City with reimbursement from FEMA or did the City have to wait for the funds. Packet Pg. 16 6.2.a une 6, 2017 PAGE 6 CC STUDY SESSION CM/DeStefano said that typically, the City has to wait for FEMA to authorize the repairs before the City can do any work. To date, the larger phase has not been authorized. The smaller phase (replacement of the chips under the playground equipment) has been authorized by FEMA and the City can move forward to complete the work. C/Tye asked if the City was ready for Concerts in the Park and if so, how will kids be kept out of the unrepaired area. CM/DeStefano explained that according to staff, the area will be roped off and monitored by personnel along with other measures necessary to keep the junior high kids out of the area. PMS/Jordan explained that there is temporary fencing in place to preclude access to the upper trail portion where the slope erosion took place off of Diamond Bar Boulevard. Within the play area there is temporary fencing around the entire play area. C/Tye asked if any equipment was lost. PMS/Jordan said no. The only impact at the lower level was to the engineered wood fiber/chips that were compromised which needs to be removed as well as, the filter fabric that lies beneath the chips and both replaced. The structure is fine. SCE/Young responded to Council questions about the proposed $21 million CIP budget. C/Tye asked about the $109,000 Sewer System Evaluation item on Page 7 with an apparent offset of $109,000 for Sewer Improvement Fund on Page 9. SCE/Young explained that these are funds that the City received from the Willow Heights Development. MPT/Lin asked where the $50,000 developer fee is coming from. SCE/Young explained that the item is from the Sprouts Development. The City will be receiving some funds for the streetscape and view enhancements along Diamond Bar Boulevard. The City will receive significantly more from the development and staff is projecting to use $50,000 of that amount on the design during the next fiscal year and the remainder will be set aside for construction. MPT/Lin asked if the City would be receiving more money from the South Pointe development. Packet Pg. 17 6.2.a une 6, 2017 PAGE 7 CC STUDY SESSION SCE/Young responded that the City will get traffic mitigation funds from this developer as well as from other projects under the traffic mitigation category for a total projected budget amount of $818,000. CM/DeStefano explained that the other fee revenue coming from the South Pointe project is a developer fee that was imposed upon the project in 2007-2008 when the project was approved. The City budgeted the anticipated receipt $1 million of about $500,000 coming in the next fiscal year with the remaining $500,000 coming to the City in the following fiscal year. These are General Fund dollars. M/Lin asked in what year the City had its highest CIP budget. SCE/Young said she believed it to be FY 2017-18. CM/DeStefano opined that this could vary greatly. A couple of years from now Lemon Avenue will be done and the number will drop and then it will skyrocket depending on how the Confluence project is handled. MPT/Low asked when the Sprouts fee was set in 2007-08 was there a built-in escalator. CM/DeStefano responded "no." MPT/Low asked if it was standard and could an escalator be built in for a project that is anticipated to be completed 10 -years hence, for example. CM/DeStefano said that everything is negotiable. However, who knew back in 2007, 2008 and 2009 when those projects were approved that there would be a five-year recession and post years of recovery. Having a ten-year gap for about a half-dozen projects that were approved is unfathomable. Most projects are developed within a year or two of City Council approval. To MPT/Low's point, such an escalator could have been negotiated into the number. MPT/Low said as a "note to self" there are a couple of big projects pending and with the track record of developers even without a recession it could be 10 years and it may be prudent to negotiate an escalator when it is a penalty for delay and no cost to them if they move forward in a timely manner. CM/DeStefano explained that the Vantage project above Target was built out within a year and a half of approval. The Willow Heights project took slightly longer but once it started it blew out as well. With the South Pointe project is has been nine years. It is something for the Council to think about for the future as there is at least one pending application coming to the City in 2018 that would seem to be ripe for attachment of an additional developer fee. M/Lin asked FD/Honeywell to recap what the Council will be approving this evening. Packet Pg. 18 6.2.a une 6, 2017 PAGE 8 CC STUDY SESSION FD/Honeywell stated that the Council will be approving the Operating Budget (General Fund), Special Revenue Funds (Prop A, Prop C, Measure R), Capital Improvement Projects budget SCE/Young presented this evening, Debt Service, and internal service funds including Liability Insurance, Vehicle Maintenance, Capital Expenditures, and Building Maintenance. CM/DeStefano advised that Council will also be approving the Gann limit, Investment policy and compensation plan for City employees. FD/Honeywell reported that there are no changes to the investment policy, the Gann Limit is calculated per State code which basically portends that cities will not spend more than they have. Diamond Bar is well under the limit of $44 million as the City's committed expense is about $35 million. The City performs the calculation and gives the results to the auditors who double check the calculations and give their blessing before it is given to the City Council and to the public. MPT/Low asked if the document provided to the City Council is available to the public. FD/Honeywell said that if it is part of the City Council packet and available to the public. CM/DeStefano said that it has been posted on the website and will be available in its final form once the Council approves the budget. C/Tye asked if the Kmart project could be renamed to the "Sprouts" project. C/Tye asked if the Sprouts development was dealing with Gentle Springs as a private road. SCE/Young explained that staff is working with all of the property owners separately outside of the development to bring them together to propose participation since Sprouts has all of the equipment on site it would be in the best interest of all property owners to partner with the contractor/developer to improve Gentle Springs. C/Tye asked what would happen if they didn't want to participate. CM/DeStefano explained that depending on the severity of the deferred maintenance there may be a Code Enforcement action involved. The City looks at all angles very, very carefully. The difficulty is that Gentle Springs is a privately owned roadway comprised of eight or so different property owners. There is no association of commercial property owners so the City is dealing with each property owner individually who have different goals, financial resources, etc. And no, it does not make sense for the City to acquire that property because the City would be spending $2 million easily to fix what is wrong with the street with no discernable benefit coming back to the City. It would not increase property values to any degree Packet Pg. 19 une 6, 2017 PAGE 9 6.2.a CC STUDY SESSION nor would it generate new businesses, etc. resulting in a huge expense for little gain. C/Tye asked about the tire dealership and condominiums as to whether or not they have access from Gentle Springs. SCE/Young said that the owner may have "reciprocal access rights" to Gentle Springs and not necessarily be an "owner" of Gentle Springs and that the condominiums have access rights as a property owner. Public Comments: None. AD OURNMENT: With no further business to come before the City Council, M/Lin recessed the Study Session at 6:12 p.m. to the Regular Meeting. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this JIMMY LIN, Mayor day of , 2017. Packet Pg. 20 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR UNE 6, 2017 CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments: None ► GOVERNMENT CODE SECTION 54967 — PUBLIC EMPLOYEE APPOINTMENT Title: City Manager ► CONFERENCE WITH LEGAL COUNCIL PURSUANT TO GOVERNMENT CODE §54956.9 Name of Case: City of Diamond Bar v Young Men's Christian Association Los Angeles County Superior Court Case No. KC069337 STUDY SESSION: 5:15 p.m., Room CC -8 ► CITY MANAGER'S RECOMMENDED FY 2017-18 BUDGET — Discussion and Action (Supporting Document under Council Consideration Item 8.2) CALL TO ORDER: Mayor Lin 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. CM/DeStefano reported that the Council held their third meeting to go over the proposed budget for FY 2017-18 during tonight's Study Session and a detailed review of the $21 million Capital Improvement Program (CIP) for the upcoming fiscal year leading to the Council's anticipated adoption this evening of the City Budget. CA/DeBerry reported that there were two items discussed in Closed Session, the first a discussion to consider the appointment of a new City Manager which is an item on tonight's agenda, and the other matter concerned an Eminent Domain action that was filed by the City of Diamond Bar with no reportable action taken on this matter from the Closed Session. PLEDGE OF ALLEGIANCE: C/Herrera led the Pledge of Allegiance INVOCATION: Shaykh Nomaan Beig, Institute of Knowledge was unable to attend to provide the invocation. ROLL CALL: Council Members Herrera, Tye, Mayor Pro Tem Low and Mayor Lin Council Member Lyons was excused. 6.2.b Packet Pg. 21 6.2.b JUNE 6, 2017 PAGE 2 CITY COUNCIL Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Greg Gubman, Community Development Director; Dianna Honeywell, Finance Director; Anthony Jordan, Parks Maintenance Superintenant; Ken Desforges, IS Director; Kimberly Young, Senior Civil Engineer; Anthony Santos, Assistant to the City Manager; Alfa Lopez, Sr. Management Analyst; Dannette Allen, Management Analyst; Fabian P. Aoun, Assistant Engineer; Amy Haug, Human Resources/Risk 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: CM/DeStefano updated the Council and community on the anticipated demolition of the Honda/Burger King property that he had reported on about a month ago. As of this date, the equipment is onsite and the project may have started this afternoon and if not, tomorrow or the day after which means that the site should be cleared in a very short period of time. 3. PUBLIC COMMENTS: Pui Ching Ho, Diamond Bar Librarian, spoke about special summer programs offered, including the summer reading program kick-off on Thursday, June 8 at 2:00 p.m. Join the library for a comic and magic show on Thursday, June 15 at 2:00 p.m. On Saturday, June 17 at 3:00 p.m. the library will host an authentic highland bagpipe experience. On Wednesday, June 21 at 3:00 p.m. teens are invited to the library to build exciting projects. To check out these and other programs, visit the website at www.colapublib.org. Many library programs are sponsored by The Friends of the Diamond Bar Library. Susan Pantages, is concerned about the proposed solar farm on 2,000 acres bordering Los Angeles, Orange and San Bernardino counties and infringing on premium view lots such as hers and felt such large ventures should be limited to industrial sites and not allowed on residential property or on property bordering residential dwelling property. Gladys Crittendon voiced her disappointment over the Council's decision to no longer allow Mt. SAC to conduct computer classes for senior citizens at the library and asked that they reconsider their decision. Packet Pg. 22 6.2.b JUNE 6, 2017 PAGE 3 CITY COUNCIL Mrs. Turner said she and her neighbors were very concerned about a number of VRBO daily rentals in her neighborhood that are listed on Airbnb which have brought parties, lots of visitors both day and night and last weekend an individual drowned in a swimming pool. Jane Murakami spoke about the Airbnb home on Crestwood Court. Loud parties happen on weekday nights as well as, weekends. Police were called on Tuesday and the party was broken up. Participants trampled over her neighbors fence and left discarded beer bottles. On Wednesday there was another party, the police were called again and the party was disbanded. On Friday night, a 22 year-old drowned in the swimming pool. The next day there was another party. Does Diamond Bar have the ability to charge the homeowner a business tax or some kind of consequence to the homeowner that will benefit the citizens of Diamond Bar. Douglas Barcon, said that since the warehouses were built on Ferrero Parkway in the City of Industry the noise generated by the trains just south of the warehouses has been greatly amplified due to the sound deflecting off of the buildings facing the train tracks. He estimates the noise from passing freight trains in the neighborhood passing by that area to be at about 85 decibels at his house which is loud enough to disturb outdoor conversation. He suggested that Diamond Bar work with the City of Industry to develop a noise mitigation strategy to lower the railroad sound level. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to the first speaker about the City of Industry's proposed solar farm on the Tres Hermanos Ranch property. The Tres Hermanos Ranch property is generally the vacant land between Diamond Bar and Chino Hills on both sides of Grand Avenue. Generally, on the north side of Grand Avenue going up to Diamond Ranch High School is under the jurisdiction of the City of Diamond Bar. Almost all of the south area from Grand Avenue down to the SR57 wrapping entirely around Diamond Bar is in the jurisdiction of Chino Hills or under the jurisdiction of the County of Los Angeles but in Diamond Bar's future Sphere of Influence. All of the land is owned by the City of Industry or more technically, by the successor agency to their Redevelopment Agency. As the speaker indicated, it was recently discussed in the newspaper that Industry has plans for a solar farm of some 440 acres on that property. Diamond Bar has no details and no information and until the newspaper story broke it was heresay as to what the development was. Neither did the newspaper provide any information on detailed plans nor does Diamond Bar have any such information. Chino Hills has requested information which has either not been provided or has not been forthcoming from the City of Industry. A solar farm of the size and scale that the newspaper described is the type of project that has most recently been seen in desert communities such as the huge facility near the California/Nevada border. However, most facilities of 100 megawatts or greater are often found in Packet Pg. 23 6.2.b JUNE 6, 2017 PAGE 4 CITY COUNCIL underutilized farmland in the Midwest. It is his estimate that a 440 -acre solar farm would require somewhere between 1000 and 1500 acres which is most of the Tres Hermanos Ranch property. Diamond Bar's jurisdiction and Chino Hills jurisdiction does not at this time allow for the type of project that is being proposed. Both jurisdictions have restrictions on the land uses and statements within their policy documents that talk about future Master Planning for the property which requires a lot of public input. It is puzzling to him that the City of Industry would propose a project that is so vastly different than what the two jurisdictions have set forth for their future planning documents. It is also puzzling why this type of proposal would be sandwiched between two well-developed residential communities. As the speaker suggested, Diamond Bar has been carefully watching the City of Industry for a long period of time and information is shared with the City's partner, Chino Hills. Diamond Bar monitors Industry's staff reports, their agendas, etc. It is not always easy to figure out what is being discussed, especially that being discussed under privileged closed session authority. It is a bit difficult for Diamond Bar to react to something that it doesn't know with certainty will occur. It does know that Industry is proposing such a property but no details have been submitted to the city. He has advised the City Council that the City Council should keep a watchful eye on what is occurring, remain vigilant about all of it and use all of its options and time will tell what this may be and Diamond Bar has plenty of time to weigh in to decide what action Diamond Bar would like to take. Ms. Crittendon spoke regarding the use of the Willow Room which is not a space within the Diamond Bar Library but actually a space within Diamond Bar City Hall. The Willow Room was set aside in 2012 for use as a computer room meant to be a computer classroom and was a carryover from a similar space that was provided at the Diamond Bar Center since 2004. The Willow Room has about 16 computer stations, all of which are old and need to be replaced to meet current standards. There are a variety of other improvements needed within the Willow Room. That cost amounts to somewhere in the neighborhood of $40-50,000 to replace all of the equipment. The cost the City has borne for several years and would have to bear going forward to maintain the room and equipment amounts to about $11,000 a year. The equipment, maintenance and support necessary to maintain that facility is very costly to the City. For reasons he cannot fully understand or articulate to the Council, this has been a program that has been around for a very long time with Mt. SAC. There is no cost to the users of the facility but there is great cost to the City of Diamond Bar and especially at this point where the City is looking at the need to replace all of the equipment. The speaker alluded to Mt. SAC offering to bear the cost of the replacement equipment. That is not completely accurate. At one point, Mt. SAC offered to provide the seniors with their old and outdated equipment to use in Diamond Bar's facility to replace Diamond Bar's already much newer equipment that was outdated. It was not an offer to bear the cost of the room's needs and use. It is his responsibility to look at all aspects of the organization — the operation, public assets, etc. and he came to the conclusion that this was no longer an appropriate use of that property which is enjoyed by the public and serviced by the taxpayers Packet Pg. 24 6.2.b JUNE 6, 2017 PAGE 5 CITY COUNCIL of Diamond Bar. The City asked Mt. SAC to assist in trying to determine who uses that facility and learned through Mt. SAC's records that there were about 17 participants on a Monday and about 20 participants on a Friday, several of which are carryovers for each day, with only 35 percent of whom are from the City of Diamond Bar. So he questions the appropriate use of Diamond Bar's funds for this type of project. There are computers at the Diamond Bar Center and computers available at no charge inside the library and access to that technology in other places as well. At this time, staff is looking at the request from Ms. Crittendon and have been doing so for more than a year. He reiterated that in August 2016 the City wrote a letter to Mt. SAC indicating that the free program which was costly to Diamond Bar would terminate in July 2017 and suggested that for a nominal fee of $50 an hour, which does not entirely cover the City's cost, the City would be willing to reconsider to meet both Mt. SAC's and participants needs. That nominal fee was rejected. The use of the space for the few Diamond Bar individuals who have used this free service is coming to an end. Staff is still looking at what can be done going forward and the offer to Mt. SAC is still on the table. From his perspective it seems appropriate that the agreement needs to change to the extent that Mt. SAC needs to bear some of the cost in order to keep the facility operational at the highest standards. The days the participants wish to use the space will need to change because the space was originally intended as a training center for City employees. In fact, tonight's budget consideration includes the purchase of two new large systems for the City in recreation and in finance. Because of this and the many other changes that have been made to the City's technology and software programs, that room will need to be made available to staff for training so that staff can continue to provide good service to the community. The third and fourth speakers raised concerns regarding short-term rentals more commonly known as airbnb's. Short-term rentals are illegal in Diamond Bar. Some communities permit them. They are typically tourist -oriented destinations. Diamond Bar is not such a City. Diamond Bar has aggressively gone after those homes where such illegal activities are known to exist. In the last year or so, Diamond Bar has caused the closure of 11 of those facilities. The facility that was brought to the City Council's attention this evening is one that was recently brought to the City's attention and the City has authorized its City prosecutor to begin aggressive action to address that illegality of land use at that location. It may take time but the public needs to know that where the City has been made aware of such facilities, staff has taken action to eliminate them and will continue to do so. The last speaker had concerns regarding train noise. The City of Industry is an enormous manufacturing, industrial, warehousing community in the area paralleling the SR60 between Diamond Bar and Walnut with millions of square feet of such facilities. Over the years as that property has been developed trains and train noise may or may not have increased in size and frequency. There is not a lot the City of Diamond Bar will be able to do for the issue of train noise bouncing off of existing buildings in that area because it is outside of the City's Packet Pg. 25 6.2.b JUNE 6, 2017 PAGE 6 CITY COUNCIL jurisdiction and is an area that will likely see increased development. Some of the noise may be mitigated as more offices and retail businesses are built on both sides of Grand Avenue. In tonight's budget the City Council is budgeting for a "Quiet Zone" which is a design standard that would be incorporated within the Lemon Avenue railroad crossing intersection in Diamond Bar which will result in trains no longer needing to blow their horns as they are required to do by law, as they enter the intersection. Progress is being made. However, there may be nothing more the City can do to mitigate the noise bouncing off of the buildings next to the railroad tracks today. C/Tye asked who sets the decibel standard for trains. CM/DeStefano responded that he believed it to be the federal government that has set the standards which involve many factors including speed of the train entering the crossing as to how many times the train must engage the horn and for what period of time. C/Tye said he gets the number of times and how long it has to be but in an area there are not the types of crossings that the public would encounter on the road and how hard would it be to inquire about the possibility that at certain hours it is not necessary? CM/DeStefano said he is not sure what might be required. The area behind the Little League which is near Kohl's Department Store is the area where there is a private crossing and the train noise comes from the horns that are mandated to be honked at that private crossing where seldom there is anyone and it occurs in the middle of the night as well as during daytime hours which is what most people are hearing. It might be possible to pursue a "Quiet Zone" in that area as well but staff would have to research the matter and look into the progress of the Temple Avenue crossing as well. MPT/Low asked CM/DeStefano if there might be a staff person who residents could contact to gain information regarding the Tres Hermanos proposal. CM/DeStefano said at this point he believes it should remain in the City Manager's office or Community Development Department. At this point, the City Manager's office is managing the issue. PWD/Liu has weighed in as well as part of the monitoring of the City of Industry's work efforts. But until further notice, he believes any contact from the public should be with the City Manager's Office. As previously stated, there is a lot of information floating about and staff does not know who has originated the information. An example of "fake news" is the so- called 10,000 homes someone threw out in the universe more than a year ago which could not have been more false and designed by individuals who wished to generate a lot of concern to make just about anything look better than 10,000 homes that were never ever going to be approved by the two cities (Diamond Bar/Chino Hills) because not only does the General Plan and Zoning not allow 10,000 homes, neither City was ever going to do that. Staff can make the best Packet Pg. 26 6.2.b JUNE 6, 2017 PAGE 7 CITY COUNCIL possible effort to bring forth factual information but on this topic there is still a lot the City does not know and cannot control. MPT/Low said in her opinion, having a point person would get rid of that problem. MPT/Low said that with respect to comments regarding the short-term rentals, what does CM/DeStefano advise neighbors to do pending action by a City prosecutor? CM/DeStefano said he would advise anyone who believes there may be a short- term rental property adjacent to them in their neighborhood, to contact CDD/Gubman at 839-7031 and if that rental is creating a disturbance of any kind immediately contact the Sheriff's Department and let the Sheriff's Department determine whether or not there is a violation of law which helps the City to document the issue and move the process forward to take appropriate action. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting — June 8, 2017 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive (Canceled). 5.2 Planning Commission Meeting — June 13, 2017 — 7:00 p.m. — Windmill Community Room, 21810 Copley Drive (Canceled). 5.3 Concerts in the Park — June 14, 2017 — 6:30 — 8:00 p.m., Bumptown (Latin) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.4 Movies "Under the Stars" (Storks) — June 14, 2017 — Immediately following Concerts in the Park. 5.5 General Plan Advisory Committee Meeting (GPAC) — June 15, 2017 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.6 City Council Meeting — June 20, 2017 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Tye moved, C/Herrera seconded, to approve the Consent Calendar as presented with C/Tye pulling Item 6.7 for separate consideration. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Herrera, Tye, MPT/Low, M/Lin None Lyons 6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. Packet Pg. 27 6.2.b JUNE 6, 2017 PAGE 8 CITY COUNCIL 6.2 APPROVED CITY COUNCIL MINUTES: 6.2.1 Joint Meeting with Planning Commission of March 29, 2017. 6.2.2 Study Session of May 16, 2017 6.2.3 Regular Meeting of May 16, 2017 6.3 RATIFIED CHECK REGISTER DATED May 11, 2017 through May 31, 2017 totaling $988,823.92. 6.4 APPROVED TREASURER'S STATEMENT FOR APRIL 2017. 6.5 AWARDED CONTRACT TO ADVANCED OFFICE SOLUTIONS FOR COPIER SERVICE IN AN AMOUNT NOT -TO -EXCEED $80,000 FOR THE PERIOD JULY 1, 2017 THROUGH JUNE 30, 2022. 6.6 ADOPTED RESOLUTION NO. 2017-18: APPROVING FINAL PARCEL MAP NO. 72730, TO SUBDIVIDE AIRSPACE FOR A 21 -UNIT OFFICE CONDOMINIUMON A 3.59 ACRE COMMERCIAL LOT, LOCATED AT 1470 VALLEY VISTA DRIVE (APN: 8293-050-010). 6.8 RESOLUTION NO. 2017-19: ACCEPTING A PORTION OF LARKSTONE DRIVE LOCATED WITHIN CITY OWNED LOT 72 OF TRACT MAP NO. 32091 (APN 8763-026-901) INTO THE CITY'S SYSTEM OF STREETS. 6.9 APPROVED NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE STEEP CANYON CONNECTOR TRAIL AND THE PANTERA PARK TRAIL PROJECT. 6.10 ADOPTED RESOLUTION 2017-20: APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AWARDED THE CONSTRUCTION CONTRACT FOR THE AREA 5 RESIDENTIAL AND COLLECTOR STREET REHABILITATION (SLURRY SEAL, CHIP SEAL & OVERLAY) AND BREA CANYON CUTOFF ROAD DRAINAGE IMPROVEMENT AND PAVEMENT REHABILITATION PROJECT TO COPP CONTRACTING INC. IN THE AMOUNT OF $1,731,182.50 AND AUTHORIZED A CONTINGENCY AMOUNT OF $134,833.69 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $1,866,016.19. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 AWARD A THREE-YEAR CROSSING GUARD SERVICES CONTRACT WITH AMERICAN GUARD SERVICES, INC. BEGINNING JULY 1, 2017 TO JUNE 30, 2020 WITH A NOT -TO -EXCEED AMOUNT OF $148,441 FOR FISCAL YEAR 2017-2018, $155,142 FOR FISCAL YEAR 2018- 2019, AND $167,260 FOR FISCAL YEAR 2019-2020. Packet Pg. 28 6.2.b JUNE 6, 2017 PAGE 9 CITY COUNCIL C/Tye asked if it was possible to have the school districts pick up the cost of crossing guard service since the City is servicing children going to schools in the local school districts ($500,000 over three years). CM/DeStefano said the short answer is that everything is negotiable. There are many cities that provide such services and there are many more cities that have school districts that provide and pay for these services because generally speaking, the need is brought on by the school children going to those public or private schools. At this point there is no contract with the school district to pay for any portion of the services but it does not mean there could not be a contribution provided by the school district after negotiations. C/Tye asked how long the City has been paying for this service and how did the City get into doing so in the first place. CM/DeStefano said he did not recall how the City got into it. He believes some of it was inherited when the City incorporated. That said, the City has been providing that public service for at least 20 years. C/Herrera explained that cities are responsible for safety in and of its streets and she believes that's how the City got involved. At the same time she does believe Diamond Bar is very magnanimous and the City of Walnut does not contribute anything toward street crossing guards. CM/DeStefano said he was not aware of what Walnut's contribution might be. M/Lin suggested C/Tye amend his motion to request City staff to determine whether the schools would be willing to contribute all or part of the school crossing guard expenses. C/Tye agreed. C/Herrera said that having been a former school board member for 16 years she can say that the school district most likely would respond that money is tight and they do not have any funding for this which is why she believes the City got involved because the City is responsible for traffic and safety in the streets. C/Tye asked if the school districts have funds specifically allocated for transportation or student related issues. C/Herrera replied no, school districts do not receive any such funds. In fact, she has been asked by members of the school district if some of the City's transportation funds could be donated to them for the cost of their buses they use to transport students. Packet Pg. 29 6.2.b JUNE 6, 2017 7 PAGE 10 CITY COUNCIL C/Tye moved, C/Herrera seconded, to Award A Three -Year Crossing Guard Services Contract with American Guard Services, Inc. beginning July 1, 2017 to June 30, 2020, with a not -to -exceed amount of $148,441 for Fiscal Year 2017-2018, $155,142 for Fiscal Year 2018-2019, and $167,260 for Fiscal Year 2019-2020, with a request for staff to contact the school districts regarding a possible contribution in full or part to the contract costs. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS PUBLIC HEARINGS: None COUNCIL CONSIDERATION: Herrera, Tye, MPT/Low, M/Lin None Lyons 8.1 EMPLOYMENT CONTRACT WITH NEW CITY MANAGER DANIEL H. FOX, JR., TO BE EFFECTIVE JULY 10, 2017. CM/DeStefano stated that as the Council and community is aware, he is about to end his term with the City of Diamond Bar after 11 years as its City Manager and nearly 27 years as an employee of the City of Diamond Bar. To that end, it is his great pleasure to have assisted the City Council in seeking a replacement and the decision the Council is being asked to make this evening will pass the mantle to a great candidate that has been selected as a result of an exhaustive recruitment process that began in December when he formally announced his retirement. The Council developed its characteristics/profile of what it was looking for in the next leader of this organization and manager to the City Council. The Council began its recruitment effort with announcements, a recruitment brochure, advertising in various journals and publications that catered specifically to public administrators and city managers. The City received about 67 applications for the position, worked through those applications and pared them down to a manageable number of highly qualified candidates for an interview process which eventually concluded with the Council's choice candidate, Dan Fox, for contract negotiations to be its next City Manager. The City Council authorized the City Attorney to negotiate a contract with Mr. Fox on the Council's behalf. CM/DeStefano is pleased to forward the recommendation from CA/DeBerry, himself and staff that the City Council adopt the agreement with Mr. Fox. Mr. Fox comes to the City of Diamond Bar most recently serving in the City of Laguna Nigel as the Assistant City Manager responsible for a wide variety of areas of that organization. He is an economic development professional, a community development director in his past and is familiar with this area through his five-year experience as the community development director in the partner City of Walnut which brings to Diamond Bar not only the consistency of knowing the local area and many other county agencies and support teams, but his Packet Pg. 30 JUNE 6, 2017 PAGE 11 CITY COUNCIL service in an Orange County contract city format (Laguna Nigel) with County fire, sheriff, etc. brings him additional experience in the overall Diamond Bar contract city format and how an organization benefits by a contract city format. Mr. Fox is a fine individual who is educated and well- prepared. CA/DeBerry stated that under newly enacted state laws, the city council is required to orally report the compensation including fringe benefits paid to a city manager in an oral presentation for new contracts or changes to compensation from old contracts. He summarized the provisions of the proposed contract with the new City Manager Dan Fox. Pursuant to that agreement he will become the City Manager effective July 10, 2017 which is three days after Mr. DeStefano's retirement. His salary would be $210,000 annually; he would receive a $500 per -month car allowance; a $7,500 payment in deferred compensation for the first year and $15,000 in deferred compensation for the second year; for the first year only he would receive 40 -hours of vacation leave and 40 -hours of sick leave — otherwise, he would receive all of the same retirement, vacation and medical benefits provided to the City's other executive management employees. C/Tye said that in his time on the City Council there has not been an opportunity to appoint a city manager and sometimes, as in this case, people do not get an opportunity to see how this City and its staff works together. From the time that the Council could not convince CM/DeStefano not to retire to this moment in time, HR/Haug has done a magnificent job. While she may be one of the quietest individuals on staff, from the time she put together the requirements and the plan for advertising, handle applications, etc. going forward, she did a magnificent job and it was a pleasure to watch her in action. The City Council had the option of using its own HR Manager or go to a national search and C/Tye is very glad that the Council gave HR/Haug the opportunity to show what she can do. C/Tye thanked HR/Haug very much for her help in this matter. C/Herrera said she has been on the Council for nearly 22 years and has worked with three different city managers. This City is only 28 years old and has had only four city managers to date and she will miss CM/DeStefano terribly! C/Herrera moved, C/Tye seconded, to engage in an employment contract with new City Manager Daniel Fox, Jr. to be effective July 10, 2017. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Herrera, Tye, MPT/Low, M/Lin None Lyons 6.2.b Packet Pg. 31 6.2.b JUNE 6, 2017 PAGE 12 CITY COUNCIL Mr. Fox said he is honored to have been selected to serve as the next City Manager of Diamond Bar and thanked the City Council for their consideration. He has heard great things about the staff and had the privilege of meeting many of the executive team members and staff members through the selection process. He looks forward to working with staff to complete many of the projects underway and projects that will be undertaken in the future. He knows he has big shoes to fill and most particularly if he has the emcee role at the meetings. He appreciates the support of CM/DeStefano and wishes him the best and a happy and healthy retirement. He introduced his son, Cameron and his wife Ann and thanked them for their support as he works through the next chapter in his career. He looks forward to serving the City of Diamond Bar. NOTE: THE FOLLOWING AGENDA ITEMS 8.2, 8.3, 8.4 AND 8.5 WERE CONSOLIDATED INTO ONE STAFF PRESENTATION AND VOTE AS PART OF THE COUNCIL'S CITY BUDGET ADOPTION CONSIDERATION: 8.2 ADOPT RESOLUTION 2017-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30, 2018, INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS, AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS, AND PURPOSES THEREIN SET FORTH. FD/Honeywell presented staff's report for the Fiscal Year 2017-18 City Manager's recommended budget which provides General Fund resources of $29.7 million, $29.2 in General Fund Appropriations and increases the General Fund Reserves by an estimated $447,000. The budget, as proposed, incorporates modest yet realistic growth in both revenue and expenditures over the current year's projected numbers while maintaining excellent service levels to the community. After the use of General Fund Reserves in great part for Capital projects, it is anticipated that the City will end the year with $17.7 million in General Fund Reserves or 60.5 percent of General Fund Appropriations. This year the approach taken when developing the Fiscal Year 2017-18 was a bit different than in past years which started in February 2017 with staff looking at not just what was to be accomplished in FY 2017-18, but looking forward through 2020. A citywide strategic plan was developed in order to help implement the priorities of the City Council. The framework for this strategic plan was achieved by defining the City's Vision Statement which is "Celebrating our Roots — Building a Thriving Future" and identifying broad overarching goals, all of which can be aligned with categorized strategic priorities. This effort results in specific and Packet Pg. 32 6.2.b JUNE 6, 2017 PAGE 13 CITY COUNCIL measureable departmental objectives that have an implementation timeline. The budget has been developed around the City's vision, goals and priorities presented in the strategic plan. Study Sessions were held with the City Council to help develop and refine the priorities presented in this plan. The Strategic Plan was adopted by City Council on April 4th, 2017. Noteworthy is that the budget document has a different look and feel than in prior years. It was developed using the best budget practices set forth by the Governmental Finance Officers Association. Using this GFOA model promotes improvements in public sector budgeting and enables governments of all sizes to provide citizens and stakeholders with clear, understandable and complete budget documents. The document incorporates financial perspective, demographics, Diamond Bar history and a concise explanation of the budget process so the average reader can understand the information presented. The General Fund estimates resources of $29.7 million for Fiscal Year 2017-18. Budgeted Revenues are 15.3 percent higher than FY 2016-17 or 1.3 percent higher when the use of Reserves are excluded. Property tax and related property tax in lieu of VLF are the two highest revenue sources to the City and they are projected to grow by four percent during FY 2017-18. Sales tax is projected to be slightly lower in FY 2017-18 due to one-time adjustments in FY 2016-17. There has been an expanded effort on the part of Council and City staff, in order to diversify the sales tax base of the City and offer more options for residents to shop and dine in Diamond Bar. This is evidenced by significant development at the new Sprouts/Ross retail store site with several nationally recognized stores and restaurants scheduled to open during FY 2017-18. The City will realize an increase in sales tax revenue of about $275,000 which will increase further with the addition of more stores. Other exciting projects on the horizon include the development of a hotel and office suites at the former Honda property and another project at the existing Brea Canyon Road trailer storage site that will include a hotel, offices and a restaurant. Once again, staff is recommending the sale of excess Prop A Funds. By selling these funds, the City will exchange them for less restrictive General Fund money which can be used for any use throughout the City. Every effort has been made to keep appropriations at or near the same level as the current fiscal year estimates. The General Fund estimated appropriations are $29.2 million. Factored into the proposed budget is a 2.4 percent Cost of Living adjustment for benefited employees and Packet Pg. 33 6.2.b JUNE 6, 2017 PAGE 14 CITY COUNCIL executive staff, along with a $50 to the Benefit Allotment. The City Manager regularly reviews the departmental operations and staffing structures of the City in order to ensure that it is delivering services to the residents in the most efficient and cost-effective manner possible. The City Manager has identified changes to the organizational structure in order to meet these goals, which are as follows: To establish a senior neighborhood enforcement officer job classification as a full-time non-exempt position at salary grade 23ne. The newly established Senior Neighborhood Improvement Officer will deal with more complex issues and take the lead on investigation and coordination of enforcement issues such as boarding houses, marijuana dispensaries, illicit massage establishments, and manage all aspects of nuisance abatement and coordinate the City's efforts with other agencies. If approved by the City Council, the City Manager will reclassify an existing Neighborhood Improvement Officer to the Senior Neighborhood Improvement Officer position. Also, it is proposed that a Permit Services Coordinator job classification be established as a full-time non-exempt position at salary grade 21 ne. Currently, there is one City employee that acts as the liaison between the contract Building and Safety staff, City staff and the development community. The workload over the last few years has risen in both volume and complexity. The additional duties that the Permit Technician is performing are at a level above other similar municipalities. In order to best serve the City's residents and the development community, it is recommended that the City Council reclassify the Permit Technician to Permit Services Coordinator. Upon the reclassification of the current Permit Technician to Permit Services Coordinator, the Permit Technician job classification can be deleted. Finally, it is proposed to establish a part-time non -benefited Recreation Leader 3 job classification at salary grade H8. This position would require candidates to have two to three years of recreation -specific experience and be expected to provide lead an onsite supervision to other less -experienced part-time recreation staff. The financial impact of all changes outlined above to the personnel structure is $12,600. Aside from salaries and benefits, the Sheriff's Department contract is one of the City's larger expenditures. The Sheriff's Department notified the City that the increase to the FY 2017-18 Law Enforcement Contract will be 3.872 percent for a total Law Enforcement budget of about $6.7 million. Also included in the increase is a payment of 10 percent ($585,000) into the Sheriff's Liability Trust Fund. This fund has been set up to offset any costs associated with liability claims filed against the Sheriff's Department. The total expected increase is about $244,000 over the current fiscal year. Packet Pg. 34 6.2.b JUNE 6, 2017 PAGE 15 CITY COUNCIL The FY 2017-18 budget provides for the use of General Fund Reserves in the amount of $4.3 million. A majority of these reserve funds will be used for CIP projects with the balance being used to fund Economic Development efforts and subsidizing the Lighting and Landscape Districts (LLD). At the end of FY 2017-18 it is expected that resources will outpace appropriations by about $447,000 and the ending estimated General Fund Reserve level will be $17.7 million or 60.5 percent of appropriations. Also included in the proposed budget are various Special Revenue Funds, the Debt Service Fund, Equipment Replacement Fund and the Capital Improvement Fund. These types of funds have specific guidelines as to how the resources may be used. The City uses these funds to pay for things such as slurry seal projects, transit related programs, solid -waste reduction programs and unforeseen fleet costs and network upgrades. It is proposed that a new fund, the Measure M Fund, be established in FY 2017-18. On November 8, 2016 Los Angeles County voters approved a one-half cent sales tax increase that will improve local streets, repair potholes and improve traffic flow and safety. During FY 2017-18 the City will receive approximately $672,600 and will use this money to partially fund a groundwater drainage improvement project, a streetscape project at Diamond Bar Boulevard and intersection enhancements at Grand Avenue and Golden Springs Drive. The FY 2017-18 Capital Improvement budget includes projects totaling $21.2 million of which $16.1 million are project carryovers from the current fiscal year. The balance of the $5.1 million is either new projects or additional appropriations for existing projects. Included in the new projects for FY 2017-18 are two street improvement projects, two traffic management projects, street enhancement projects, trail enhancements, playground improvements, HVAC replacement at City Hall and the next phase of the roof rehabilitation at the Diamond Bar Center. 8.3 RESOLUTION 2017-22: ADOPTING THE FY 2017-18 STATEMENT OF INVESTMENT POLICY. FD/Honeywell reported that each year the City Council adopts the Investment Policy which guides what kind of vehicles the City can invest its "idle" funds in, most of which is set forth by the California Code. The 2017-18 FY investment policy is unchanged from the 2016-17 FY Investment Report. 8.4 RESOLUTION NO. 2017-23: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING THE PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FISCAL YEAR 2017-2018 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE. Packet Pg. 35 6.2.b JUNE 6, 2017 PAGE 16 CITY COUNCIL FD/Honeywell stated that each year the maximum designated GANN limit given to the City is calculated annually based on what revenues the City expects to bring in. For FY 2017-18 the City is well under the limit of $44 million at about $35 million. 8.5 RESOLUTION NO. 2017-24: ESTABLISHING A COMPENSATION PLAN INCORPORATING SALARY RANGES AND FRINGE BENEFITS FOR CLASSIFICATIONS OF EMPLOYMENT EFFECTIVE JUNE 24, 2017 AND AMENDING RESOLUTION 2017-06. As previously reported under Item 8.2. MPT/Low thanked FD/Honeywell, her staff and CM/DeStefano for their excellent job in preparing the budget items and presenting a budget document that is extremely readable and easy to understand. Viewers can review the budget on the City's website. M/Lin said that the City Council is very proud of the way the City handles its finances and how it continues to be a fiscally conscientious City. Thanks to staff and especially to CM/DeStefano and FD/Honeywell. C/Herrera moved, MPT/Low seconded, to adopt the following: Resolution 21: A Resolution of the City Council of the City of Diamond Bar approving and adopting a Budget for the City of Diamond Bar for the fiscal year commencing July 1, 2017 and ending June 30, 2018 including Maintenance and Operations, Special Funds and Capital Improvements, and appropriating funds for Account, Departments, Divisions, Objects and Purposes therein set forth; Resolution 22: Adopting the FY 2017-18 Statement of Investment Policy; Resolution 23: A Resolution of the City Council of the City of Diamond 1Bar, County of Los Angeles, State of California, setting the Proposition 4 (GANN) appropriations limit for Fiscal Year 2017-2018 for the City of Diamond Bar in accordance with the provisions of Division 9 of Title 1 of the Government Code; and, Resolution 24: Establishing A Compensation Plan incorporating Salary Ranges And Fringe Benefits for Classifications of Employment effective June 24, 2017 and Amending Resolution 2017-06. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Lyons 8.6 APPOINTMENT TO THE TRAFFIC AND TRANSPORTATION COMMISSION TO FILL THE UNEXPIRED TERM OF SHOKOUFEH MIRZAEI. Packet Pg. 36 6.2.b JUNE 6, 2017 PAGE 17 CITY COUNCIL M/Lin said the Council received applications from two very qualified applicants, one from an attorney and one from an engineer. He has decided to appoint Lisa Washington to fill the unexpired term which expires February 2018. C/Herrera moved, MPT/Low seconded to ratify M/Lin's appointment of Lisa Washington to fill the unexpired term of Shokoufeh Mirzaei which expires February 2018. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Herrera, Tye, MPT/Low, M/Lin None Lyons 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera serves on the Board of Foothill Transit and attended a Governing Board meeting on May 26 during which the Board adopted the Business Plan for Foothill Transit and modified service changes to bus routes, most of which were in other cities such as San Dimas, Claremont and Azusa. There was one change that affects Diamond Bar which is the bus 493 that comes to the Diamond Bar Park `n Ride. Because the lot is so congested with carpoolers, it will no longer serve as a bus pickup location. As a result, customers riding on Foothill Transit will now be picked up at the City of Industry Park `n Ride on Brea Canyon Road. C/Tye welcomed incoming City Manager Dan Fox and family. Great job by staff on the budget which is a long and tedious process. He agreed with MPT/Low that it is a very understandable document and while it is difficult to see anyone get excited about a budget, FD/Honeywell does it as well as anybody. He thanked HR/Haug for doing a terrific job through the process of getting the City Council to the selection of Dan Fox to serve as the City's new manager. He is always mystified as to how people can show up at tonight's meeting and state they did not hear about tonight's meeting until yesterday. He encouraged everyone to attend Council Meetings to express their concerns. The Council meets every first and third Tuesday of the month unless otherwise notified. For those who may have missed it during tonight's future events that the first Concerts in the Park for this year which has been an annual event for the past 25 years, will be next Wednesday, June 14th and hoped to see everyone at Sycamore Canyon Park. MPT/Low reported that she and C/Lyons worked on the Fee Analysis for the City. She thanked M/Lin for putting the subcommittee together and thanked staff for their hard work, research, good humor and patience. She and C/Tye met with the Legislative Subcommittee and she looks forward to keeping the Council informed of upcoming legislation. The House and the Senate in Sacramento are super -busy and it is more important that Diamond Bar keeps tabs on what they Packet Pg. 37 JUNE 6, 2017 PAGE 18 CITY COUNCIL are doing. She welcomed Dan Fox and thanked him for joining the Diamond Bar family. HR/Haug quietly goes about doing great work and the Council appreciates her thoughtfulness, graciousness and tenacity. Last week she participated in the Ribbon Cutting Ceremony for a new business in the HMart Center called iDance which promises to be a fun business. Last Sunday the Diamond Bar Chinese American Association celebrated its 28th year. Congratulations to them and for their service in the City of Diamond Bar. She commented on the Ribbon -Cutting Ceremony for the new Pantera Park hiking trail just in time for summer's magnificent views. Congratulations to the graduating classes of 2017and wished all the fathers a Happy Father's Day. M/Lin said he attended several ceremonies during the past three weeks but the highlight for him was the Pantera Park hiking trail opening. The trail is 1.6 miles and when one arrives at the top they can see downtown LA and Palm Springs. This weekend he and his wife plan to climb the trail and urges everyone to partake of the hike. He received a letter from the President of the Center for Excellence in Education in Virginia who advised him that there is a so-called US Biology Olympian competition with 10,000 registered students from which the final 20 will compete which is currently being held at Marymount University. One of the students from Diamond Bar, Alexander Chow is among the 20 finalist and the President urged him to make this announcement and ask people to offer their encouragement. He wished CM/DeStefano good luck. There is only one more Council meeting before he leaves the City. M/Lin thanked HR/Haug for her hard work. AD OURNMENT: With no further business to conduct, M/Lin adjourned the Regular City Council Meeting at 8:05 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2017. JIMMY LIN, MAYOR 6.2.b Packet Pg. 38 6.3 Agenda #: 6.3 Meeting Date: June 20, 2017 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager e� { TITLE: RATIFICATION OF CHECK REGISTER` DATED UNE 1, 2017 THROUGH UNE 14, 2017 TOTALING $ 1,371,444.92 IN CITY FUNDS. RECOMMENDATION: Ratify. FINANCIAL IMPACT: 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 June 1, 2017 through June 14, 2017 for $ 1,371,444.92 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 11 olt 6A .,4M.7 LIC I Luisa len, Acco nti g ec nic n 6/2012017 Packet Pg. 39 REVIEWED BY: Via-nw- . 11FA anna oneywell, Fin incLfDirector 6/1312017 Attachments: 1. 6.3.a Check Register Affidavit 6-20-17 2. 6.3.b Check Register 6-20-17 6.3 Packet Pg. 40 CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated June 1, 2017 through June 14, 2017 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Descri tion General Fund Comm Org Support Fund OPES Reserve Fund Prop A - Transit Fund Prop C - Transit Tax Fund Intergrated Waste Management Fund Com Dev Block Grant Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Beverage Ctnr Recy Grant Capital Imp Projects Fund Vehicle Maint/Repl Fund Signed: T Dianna Honeywell Finance Director Amount $1,117,198.31 $750.00 $896.00 $8,255.22 $29,624.19 $18,375.23 $25,874.70 $1,498.12 $902.90 $668.70 $700.00 $165,628.02 $1,073.53 $1,371,444.92 6.3.a Packet Pg. 41 M 6 SUNGARI) PENTAMATION INC DATE: 06/13/2017 CITY OF DIAMOND BAR TIME: 11:54:13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120170601 00:00:00.000' and 120170614 00:00:00.000' ACCOUNTING PERIOD: 12/17 FUND - 001 - GENERAL FUND 120913 10100 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 120899 06/01/17 AJILONST AJILON STAFFING SERVICES 0015510 10100 120900 06/01/17 ALBERTSO ALBERTSONS LLC 0015333 10100 120900 06/01/17 ALBERTSO ALBERTSONS LLC 0015350 TOTAL CHECK 10100 120901 06/01/17 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 10100 120902 06/01/17 AMERICAB AMERICAN CAB LLC 1135553 10100 120903 06/01/17 AMERICOM AMERICOMP GROUP 0014070 10100 120904 06/01/17 AMERITEC AMERITECH BUSINESS SYSTE 0014070 10100 120905 06/01/17 APPLEBAU TERI APPLEBAUM 001 10100 120906 06/01/17 ARCIMAGI ARC IMAGING RESOURCES 0014070 10100 120907 06/01/17 BEEREMOV BEE REMOVERS 0015558 10100 120907 06/01/17 BEEREMOV BEE REMOVERS 0015558 TOTAL CHECK 10100 120908 06/01/17 BESTLTG BEST LIGHTING PRODUCTS 1385538 10100 120908 06/01/17 BESTLTG BEST LIGHTING PRODUCTS 1395539 10100 120908 06/01/17 BESTLTG BEST LIGHTING PRODUCTS 0014093 10100 120908 06/01/17 BESTLTG BEST LIGHTING PRODUCTS 0015333 10200 120908 06/01/17 BESTLTG BEST LIGHTING PRODUCTS 0015556 TOTAL CHECK 10100 120909 06/01/17 VALLEYCR BRIGHTVIETI LANDSCAPE SER 0015556 10100 120909 06/01/17 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 10100 120909 06/01/17 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 10100 120909 06/01/17 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 TOTAL CHECK 10100 120910 10100 7.20910 TOTAL CHECK 10100 120911 10100 120912 10100 120913 10100 120913 10100 120913 TOTAL CHECK 10100 120914 10100 120916 10100 120916 06/01/17 CDW-G CDW GOVERNMENT 0014070 06/01/17 CDW-G CDW GOVERNMENT 0014070 06/01/17 CHENYAN YAN CHEN 001 06/01/17 COURTORD COURT ORDERED DEBT COLLE 001 06/01/17 CTTINC CT & T CONCRETE PAVING I 2505510 06/01/17 CTTINC CT & T CONCRETE PAVING 1250 06/01/17 CTTINC CT & T CONCRETE PAVING 12505510 06/01/17 DAPEERRO DAPEER ROSENBLIT & LITVA 0014020 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015552 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015551 -----DESCRIPTION------ SALES TAX TEMP SVCS -WK 5/21 0.00 SUPPLIES --DBC 0.00 SUPPLIES -SR PROD 0.00 CROSSING GUARD SVCS DIAL A RIDE SVCS -APR PRINTER MAINT-RPR-JUN RICOH COPY CHARGES RECREATION REFUND COPIER MAINT-MAY 17 BEE REMOVAL -CLIMBER BEE REMOVAL-COTTONWD MONTHLY MAINT-DIST 38 MONTHLY MAINT-DIST 39 MONTHLY MAINT-C/HALL MONTHLY MAINT-DBC MONTHLY MAINT-PARKS ADDL MAINT-PETERSON ADDL MAINT-PANTERA ADDL MAINT-HERITAGE ADDL MAINT-STARSHINE SUPPLIES-I.T. SUPPLIES-I.T. RECREATION REFUND MISC PAYABLE -PP 11/17 RETENTIONS PAYABLE RETENTIONS PAYABLE RD MEDIAN PROJ-7.6316 LEGAL SVCS -APR 2017 PROF.SVCS-INSPECTION PROF.SVCS-INSPECTION 0.00 0.00 0.00 o.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: ACCTPA21 AMOUNT 800,00 95,58 288.97 384,55 7,899,90 25,141.30 2,364.50 1,619.82 515.00 1,389.68 115.00 115.00 230.00 50.00 50.00 100.00 356.95 2,632.99 3,189.94 373.53 403.67 509.98 545.71 1,B32.89 587,25 38.06 625.31 415.00 0.00 20.52 0,00 -1,490.00 0,00 -4,469.09 0,00 119,181,60 0.00 113,222.71 0.00 3,596.60 0.00 157.50 0.00 210.00 1 N a1 a Y U m a t0 SUNGARD PENTAMATION INC DATE: 06/13/2017 TIME: 11:54:13 CITY OF DIAMOND BAR CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 12D170601 00:00;00.000' and 120170614 00:00:00.000' ACCOUNTING PERIOD: 12/17 PAGE NUMBER: 2 ACCTPA21 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015551 PROF.SVCS-INSPECTION 0.00 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015551 PROF.SVCS-GRAND/G/SPG 0.00 332.60 206.61 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 13-1779 0.00 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 13-1779 0.00 540,00 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 15-2722 0.00 1,017,50 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 15-2722 0.00 1,802.50 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 13-1779 0.00 324.45 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS--PR 13-1779 0.00 183.15 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 13-1779 0.00 270.00 48.60 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 13-1779 0.00 97,20 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 14-4573 0.00 160.47 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 13-1724 0.00 250.00 10100 12D916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 14-3687 0.00 270.00 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 15-2749 0.00 305.76 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 15-2722 0.00 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 13--1779 0.00 -324.45 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 14-4573 0.00 -183.15 891.50 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 14--3687 0.00 1,076.00 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 13-1779 0.00 10100 120916 06/01/37 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015551 PROF.SVCS-INSPECTION 0.00 -97.20 110.28 10100 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 13-1779 0.00 -48.60 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 14-3687 0.00 193.68 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 13--1724 0.00 45.00 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 14-3687 0.00 48.60 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN EEE -PR 15-2749 0.00 55.04 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 14-2548 0.00 99,72 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 14-3687 0.00 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 15-2749 0.00 -193.68 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 14-3687 0.00 -55.04 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 13-1724 0.00 -48.60 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 14-4573 0.00 -45.00 10100 120916 06/01/17 DAVSDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 14-2548 0.00 -160.47 10100 120916 06/01/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE 14--2548 -17.95 TOTAL CHECK -PR 0.00 17.95 0.00 7,539.97 10100 120917 06/01/17 HALLFORE DAVID EVANS AND ASSOCIAT 0015551 PROF.SVCS-PLAN CHECK 0.00 10100 120917 06/01/17 HALLFORE DAVID EVANS AND ASSOCIAT 0015551 PROF.SVCS-PLAN CHECK 0.00 315.23 10100 120917 06/01/17 HALLFORE DAVID EVANS AND ASSOCIAT 0015551 PRGF.SVCS-PLAN CHECK 67.50 TOTAL CHECK 0.00 113.37 0.00 496.10 10100 120918 06/01/17 DAYNITEC DAY & NITE COPY CENTER 001 PRINT SVCS -PR 16---1834 0.00 10100 120918 06/01/17 DAYNITEC DAY & NITE COPY CENTER 0015510 PRINT SVCS-P/WORKS 21.21 TOTAL CHECK 0.00 1,025.30 0.00 1,045.51 10100 120919 06/01/17 DELTADEN DELTA DENTAL 001 JUNE 17 -DENTAL PREMIU 0.00 4,316.04 10100 120920- 06/01/17 DELTACAR DELTA DENTAL INSURANCE C 001 JUNE 17 -HMO DENTAL PR 0.00 279.17 10100 120921 06/01/17 DENNISCA CAROL A DENNIS 0015510 PROF.SVCS-T & T COMM 0.00 10100 120921 06/01/17 DENNISCA CAROL A DENNIS 0015510 PROF.SVCS--T & T COMM 0.00 50.00 10100 120921 06/01/17 DENNISCA CAROL A DENNIS 0015210 PROF.SVCS�-PLNG COMM 50.00 TOTAL CHECK 0.00 75.00 0,00 175.00 ai 6 SUNGARD PENTAMATION INC BATE: 06/13/2017 PAGE NUMBER CITY OF DIAMOND BAR ACCTPA21 TIME: 11:5¢;13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120170601 00:00:00.000' and '20170614 00;00:00.000' ACCOUNTING PERIOD: 12/17 3 FUND - 001 - GENERAL FUND CASH ACCT CI{ECK NO ISSUE DT VENDOR NAME FUND/DIVISION -------DESCRIPTION------- SALES TAX AMOUNT 10100 120922 06/01/17 DBCAA DIAMOND BAR CHINESE AMER 0114010 DBCAA ANNL GALA --6/4 0.00 750.00 10100 120923 06/01/17 EMERALD EMERALD LANDSCAPE SERVIC 0014093 ADDL SVCS -CITY HALT, 0.00 260.00 .10100 10100 120924 120924 06/01/17 06/01/17 EXCELLAN EXCEL LANDSCAPE INC EXCELLAN 1395539 VANDALISM SVCS -#k39 0.00 40.50 TOTAL CHECK EXCEL LANDSCAPE INC 1395539 IRRIGATION SVCS --#39 0.00 191.72 0.00 232.22 10100 10100 120925 06/01/17 EXPRESSM EXPRESS MAIL CORPORATE A 001 E/MAIL--PL 16-174 0.00 42.36 10100 120925 06/01/17 EXPRESSM EXPRESS MAIL CORPORATE A 001 E/MAIL--PL 16-221 0,00 21.1$ 10100 120925 06/01/17 EXPRESSM EXPRESS MAIL CORPORATE A 001 E/MATL-PL 16-211 0.00 21.18 TOTAL 120925 CHECK 06/02/17 EXPRESSM EXPRESS MAIL CORPORATE A 0015210 E/MAIL-GENERAL O.OD 21.18 0.00 105.90 10100 10100 120926 120926 06/01/17 06/01/17 EXTERMTN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL-PANTERA 0.00 30.00 10100 12092.6 06/01/17 EXTERMTN EXTERMINETICS OF SO CAL EXTERMTN 0015333 PEST CONTROL -DBC 0.00 40.00 10100 120926 06/01/17 EXTERMINETTCS OF SO CAL EXTERMIN 0015556 PEST CONTROL -HERITAGE 0.00 40.00 10100 120926 06/01/17 EXTERMINETICS OF SO CAL EXTERMTN 0015556 PEST CONTROL -PETERSON 0.00 50.00 10100 120926 06/01/17 EXTERMINETICS OF SO CAL 0014093 PEST CONTROL-C/HALL 0.00 50.00 10100 120926 06/01/17 EXTERMIN EXTERMINETICS OF SO CAL EXTERMIN 0014093 RODENT SVCS-C/HALL 0.00 65.00 10100 120926 06/01/17 EXTERMINETICS OF SO CAL EXTERMTN 0015333 PEST CONTROL -DBC 0.00 75.00 TOTAL CHECK EXTERMINETICS OF SO CAL 0015556 FIREANTS-PETERSON 0.00 225.00 0.00 575.00 1.0100 10100 120927 120927 06/01/17 06/01/17 FEDEX FEDEX FEDEX 001 E/MAIL-PL 2016-042 0.00 28.33 TOTAL CHECK FEDEX 001 E/MAIL-PL 2017-077 0.00 28.33 0.00 56.66 10100 120928 06/01/17 FEHRPEER FEHR & PEERS 0015551 ENG SVCS --LEMON AVE 0.00 2,537.06 10100 10100 120929 06/01/17 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-SRST CH 1 0.00 10100 120929 06/01/17 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-SRST CHI 0.00 789.34 10100 120929 06/01/17 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-HERITAGE 0.00 154.24 10100 120929 120929 06/01/17 06/01/17 FRONTIER FRONTIER COMMUNICATIONS FRONTIER 0015333 PH.SVCS-DRC EMER 0.00 355.32 352.73 TOTAL, CHECK FRONTIER COMMUNICATIONS 0014070 PH.SVCS-HERITAGE PK 0.00 182.92 0.00 1,834.55 10100 120930 06/01/17 GRAFFITI GRAFFITI CONTROL SYSTEMS 0015230 GRAFFITI REMOVAL SVCS 0.00 2,912.00 10100 10100 120931 120931 06/01/17 06/01/17 JOHNLHUN JOHN L HUNTER & ASSOC. 10015510 JOHNLHUN PROF.SVCS-PR 16-2446 0.00 518.75 10100 120931 06/01/17 JOHN L HUNTER & ASSOC. 1001553.0 JOHNLHUN PROF.SVCS-PR 14-3687 0.00 602.50 10100 120931 06/01/17 JOHN L HUNTER & ASSOC. 10015510 JOHNLHUN PROF.SVCS-STORMWTR CM 0.00 4,628.50 10100 120931 06/01/17 JOHN L HUNTER & ASSOC. 1 JOHNLHUN 001 ADMIN FEE -PR 16-2446 0.00 93.38 10100 120931 06/01/17 JOHN L HUNTER & ASSOC. 1 JOHNLHUN JOHN L HUNTER 0 01 PROF.SVCS-PR 14-3687 0.00 108.45 10,100 120931 06/01/17 & ASSOC. 1 JOHNLHUN JOHN L HUNTER & ASSOC. 1 001 001 PROF.SVCS-PR 14-3687 0.00 -108.45 TOTAL CHECK ADMIN FEE -PR 16-2446 0.00 -93.38 0.00 5,749.75 10160 10100 120932 120932 06/01/17 06/01/17 LEIGHTON LEIGHTON & ASSOCIATES, I LEIGHTON 001 PROF.SVCS-PR 16--2576 0.00 555.00 10100 120932 06/01/17 LEIGHTON & ASSOCIATES, I LEIGHTON LEIGHTON 001 PROF.SVCS-PR 16--511 0.00 590.00 & ASSOCIATES, I 001 ADMIN FEE -PR 16-511 0.00 -106.20 3 ri 6 SUNGARD PENTAMATION INC DATE: 06/13/2017 TIME: CITY OF DIAMOND BAR 11:54:13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_dete between 120170601 00400:00.000' and '20170614 00:00:00.ODD' ACCOUNTING PERIOD: 12/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 120932 06/01/17 LEIGHTON LEIGHTON & ASSOCIATES, 1001 10100 120932 06/01/17 LEIGHTON LEIGHTON & ASSOCIATES, 1001 10100 120932 06/01/17 LEIGHTON LEIGHTON & ASSOCIATES, 1001 TOTAL CHECK 10100 120933 06/01/17 10100 120934 10100 120935 10100 120936 10100 120937 10100 120937 10100 120937 10100 120937 10100 120937 TOTAL CHECK 10100 120938 10100 120939 10100 120939 TOTAL CHECK 10100 120940 10100 120941 10100 120941 TOTAL CI{ECK 10100 120942 10100 120943 10100 120944 10100 120945 10100 120946 10100 120947 10100 120947 TOTAL CHECK LEYNESAM AMANDA LEYNES 001 06/01/17 LOKJANET JANET LOK 001 06/01/17 LACPUBWK LOS ANGELES COUNTY PUBLI 0015510 06/01/17 LACPUBWK LOS ANGELES COUNTY PUBLI 0015556 06/01/17 LASHERIF LOS ANGELES COUNTY SHERI 0014411 06/01/17 LASHERIF LOS ANGELES COUNTY SHERI 0014411 06/01/17 LASHERIF LOS ANGELES COUNTY SHERI 0014411 06/01/17 LASHERIF LOS ANGELES COUNTY SHERI 0014411 06/01/17 LASHERIF LOS ANGELES COUNTY SHERI 0014411 06/01/17 MANAGEDH MANAGED HEALTH NETWORK 001 06/01/17 GMGENERA MC GENERAL CONTRACTORS I 125 06/01/17 GMGENERA MC GENERAL CONTRACTORS I 1255215 06/01/17 PTS PACIFIC TELEMANAGEMENT S 0015556 06/01/17 PENCOENG PENCO ENGINEERING INC 0015551 06/01/17 PENCOENG PENCO ENGINEERING INC 2505310 06/01/17 PLAYWORK PLAYWORKS EDUCATION ENER 0015350 06/01/17 RFDICKSO R F DICKSON COMPANY INC 0015554 06/01/17 FRIEHOLT RICHARD FREIHOLTZ 0015230 06/01/17 RKACONSU RKA CONSULTING GROUP 001 06/01/17 ROUMBOSG GEORGIA ROUMBOS 001 06/01/17 SCSIGNS S C SIGNS & SUPPLIES LLC 0015554 06/01/17 SCSIGNS S C SIGNS & SUPPLIES LLC 0015554 10100 120948 06/01/17 SCFUELS SC FUELS 5204093 10100 120948 06/01/17 SCFUELS SC FUELS 52057.30 10100 120948 06/01/17 SCFUELS SC FUELS 5205554 10100 120948 06/01/17 SCFUELS SC FUELS 5205556 TOTAL CHECK ------DESCRIPTION------ SALES TAX ADMIN FEE -PR 16-2576 0.00 ADMIN FEE -PR 16--2576 0.00 ADMIN FEE -PR 16-511 0.00 0.00 RECREATION REFUND 0.00 RECREATION REFUND SSMP AUDIT -MAR 2017 SUMP PUMP MAINT-APR STAR PROG-MAR 2017 CONTRACT SVCS -MAR 17 ST SWEEPER --MAR 2017 SPCL SVCS --MAR 2017 CALVARY CHAPEL -MAR 17 JUN 17 -EAP PREMIUMS RETENTIONS PAYABLE CDBG HIP -3210 FALCON PARK PAY PHONES -JUN PROF.SVCS-PLAN CHECK PROF.SVCS--INSPECTIONS TRNG-DAY CAMP STREET SWEEPING SVCS REIMS-CACEO TRNG PROF.SVCS-PR 15-2416 REFUND -PR 17-0370 SUPPLIES -RD MAINT SUPPLIES -RD NAINT FUEL -POOL VER FUEL -CODE ENFOR FUEL -RD MAINT FUEL --PARKS & FACILITY 0.00 0.00 0.00 0.00 0.00 0.00 o.ao 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: ACCTPA21 AMOUNT -99.90 99.90 106.20 1,145.00 1,040.00 155.00 798.30 376.13 9,768.96 493,988.45 1,052.28 2,215.80 9,044.24 516,069.73 139.20 -1,000.00 20,000.00 19,000.00 390.00 1,317.50 575.00 1,892.50 2,050.00 11,731.52 40.41 92.50 139.92 1,141.88 706.88 1,848.76 73.58 114.18 406.76 479.01 1,073.53 4 Lo a Y U m a cri 6 SUNGARD PENTAMATION INC DATE: 06/13/2017 PAGE NUMBER: CITY OF DIAMOND BAR ACCTPA21 TIME: 11:54;13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck date between '20170601 00:00:00.000' and 120170614 00:OD:00.000' ACCOUNTING PERIOD: 12/17 5 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 10100 120949 06/01/17 SJC3CONS SJC 3 CONSULTING INC 1255215 HIP PROG SVCS -MAR 17 0.00 1,920.00 TOTAL 120949 CHECK 06/01/17 SJC3CONS SJC 3 CONSULTING INC 1255215 HIP FROG SVCS -APR 17 0.00 1,960.00 0.00 3,880.00 10100 120950 06/01/17 SCAQMD SOUTH COAST AQMD 0015333 EMISSIONS FEE-FY16/17 0.00 125.47 10100 10100 120951 06/01/17 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS -DIST 38 0.00 70.05 10100 120951 06/01/17 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS --DIST 38 0.00 49.30 10100 120951 06/01/17 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS -DIST 41 0.00 48.02 10100 120951 06/01/17 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS -DIST 38 0.00 24.01 10100 120951 06/01/17 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS -WASHINGTON 0.00 27.41 120951 06/01/17 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL TOTAL CHECK 0.00 210.99 0.00 429.78 10100 120952 06/01/17 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-CITY HALL 0.00 71.96 10100 TOTAL 120952 CHECK 06/01/17 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-CITY HALL 0,00 554.97 0.00 626.93 10100 10100 120953 06/01/17 THECOMDY THE COMDYN GROUP INC 0014070 GIS CONSULTING SVCS 0.00 1,519.40 TOTAL 120953 CHECK 06/01/17 THECOMDY THE COMDYN GROUP INC 0014070 GIS CONSULTING SVCS 0.00 2,172.11 0.00 3,691.51 10100 10100 120954 06/01/17 SCGAS THE GAS COMPANY 0015556 GAS SVCS -HERITAGE 0.00 62.10 10100 120954 06/01/17 SCGAS THE GAS COMPANY 0015333 GAS SVCS -DBC 0.00 411.92 TOTAL 120954 CHECK 06/01/17 SCGAS THE GAS COMPANY 0014093 GAS SVCS -CITY HALL 0.00 845.91 0.00 1,319.93 10100 10100 120955 06/01/17 TRIENSAR SARAH TRIEU 001 REFUND -TEMP SIGN 0.00 100.00 TOTAL 120955 CHECK 06/01/17 TRIENSAR SARAH TRIEU 001 REFUND -TEMP SIGN 0.00 100.00 0.00 200.00 10100 120956 06/01/17 URMINC UNITED RECORDS MANAGEMEN 0014070 TAPE STORAGE -APR 17 0.00 568.50 10100 120957 06/01/17 USBANK US BANK 0014050 CITY CREDIT CARD -MAX 0.00 24,385.60 10100 120958 06/01/17 TELEPACI TPX COMMUNICATIONS 0014070 PH -SVCS -Tl INTERNET 0.00 858.50 10100 10100- 120959 06/01/17 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 6/2/17--P/R DEDUCTIONS 0.00 34,618.28 120959 06/01/17 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 6/2/17 -LOAN DEDUCTION TOTAL CHECK 0.00 3,454.90 0.00 38,073.18 10100 120960 06/01/17 VSP VISION SERVICE PLAN 001 JUN 17 --VISION PREMIUM 0.00 1,692.06 10100 120951 06/01/17 VISIONIN VISION TECHNOLOGY SOLUTI 0014070 MONTHLY HOSTING -MAY 0.00 180,00 10100 120962 06/01/17 GRAINGER W.W. GRAINGER INC. 0015556 SUPPLIES --PARKS 0.00 32.64 10100 10100 120963 06/01/17 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES -CITY HALL 0.00 803.41 120963 06/01/17 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES TOTAL CHECK -DBC 0.00 417.49 0.00 1,220.90 10100 120964 06/01/17 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT-APR 2017 0.00 221.40 5 ri SUNGARD PENTAMATION INC PAGE NUMBER DATE: 06/13/2017 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:54;13 CHECK REGISTER -- DISBURSEMENT FUND SELECTION CRITERIA: transact.ck date between 120170601 00:00:00.000' and '20170614 00:00:00.000' ACCOUNTING PERIOD: 12/17 6 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE OT VENDOR NAME FUND/DIVISION -----DESCRIPTION-------- SALES TAX AMOUNT 10100 120964 06/01/17 WESTCOAS WEST COAST ARBORISTS INC 0015558 SHOT HOLE BORER SVCS 0.00 13,176.97 TOTAL CHECK 0.00 13,398.37 10100 120965 06/01/37 WESTERNA WESTERN AUDIO VISUAL COR 0014070 PROF_SVCS-I.T. 0.00 360.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 16-2341 0.00 212.58 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 14-4573 0.00 246.24 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 16-2446 0.00 400.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 16-2092 0.00 400.00 10300 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 16-862 0.00 600.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 17-130 0.00 600.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 16-2341 0.00 1,181.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 002 PROF.SVCS-PR 14-4573 0.00 1,368.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 16-2660 0.00 1,000.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 16-2660 0.00 180.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 15-2722 0.00 36.00 10100 120967 06/01/17 WILI:DANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 14-2470 0.00 36.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 14-2470 0.00 200.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 15-2722 0.00 200.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 16-862 0.00 400.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 15-2073 0.00 400.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL DDI ADMIN FEE -PR 16-862 0.00 108.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 17-130 0.00 108.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 16-2446 0.00 72.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAI, 001 ADMIN FEE ---PR 16-2092 0.00 72.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE ---PR 15-2073 0.00 72.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FER---PR 16-862 0.00 72.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN EEE --PR 16-2446 0.00 -72.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE --PR 16-862 0.00 --72.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL, 001 ADMIN FEE --PR 16-2092 0.00 -72.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE --PR 15-2073 0.00 -72,00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 16-2660 0.00 -180.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 14-4573 0.00 -246.24 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE --PR 16-2341 0.00 -212.58 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 17-130 0.00 -108.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 16-862 0.00 -108.00 10100 120967 06/01/17 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 14-2470 0.00 -36.00 10100 120967 06/01/7.7 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 15-2722 0.00 -36.00 TOTAL CHECK 0.00 6,749,00 10100 120968 06/01/17 WONGLENA LENA WONG 001 RECREATION REFUND 0.00 20.00 10100 120969 06/01/17 YANYAN YAN YAN 001 RECREATION REFUND 0.00 1,060.00 10100 120970 06/08/17 AJILONST ASILON STAFFING SERVICES 0015510 TEMP SVCS -WK 5/28 0.00 1,000.()() 10100 120971 06/08/17 ALLYNLES LESLIE ALLYN 001 RECREATION REFUND 0.00 69.00 10100 120972 06/08/17 AMERICOM AMERICOMP GROUP 0014070 TONERS -PRINTER O,D0 1,848.64 10100 120973 66/08/17 ANTHONYR ROY ANTHONY 001 FACILITY REFUND -DBC 0.00 1,100.00 6 ri SUNGARD PENTAMATION INC DATE: 06/13/2017 CITY OF DIAMOND BAR TIME: 11:54:13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120170601 00:00:00.000' and 120170614 00:00:00.000' ACCOUNTING PERIOD: 12/17 -------DESCRIPTION--------- SALES TAX USE TAX FUND -- 001 - GENERAL FUND 0.00 USE TAX CASH ACCT CHECK NO ISSUE nT VENDOR NAME FUND/DIVISION 10100 120974 06/08/17 AUDIOSYS AUDIO SYSTEMS GROUP 001 10100 120974 06/08/17 AUDIOSYS AUDIO SYSTEMS GROUP 0015350 10100 120974 06/08/17 AUDIOSYS AUDIO SYSTEMS GROUP 0015333 10100 120974 06/08/17 AUDIOSYS AUDIO SYSTEMS GROUP 0015350 10100 120974 06/08/17 AUDIOSYS AUDIO SYSTEMS GROUP 0015333 TOTAL CHECK 0.00 FACILITY REFUND-PTRSN 0.00 MONTHLY MAINT-DBCV 10100 120975 06/08/17 AYALACHO AYALA CHORAL BANQUET 001 10100 120976 06/08/17 BANKERSA BANKERS ADVERTISING COMP 1155515 10100 120976 06/08/17 BANKERSA BANKERS ADVERTISING COMP 001 10100 120976 06/08/17 BANKERSA BANKERS ADVERTISING COMP 1155515 10100 120976 06/08/17 BANKERSA BANKERS ADVERTISING COMP 1155515 TOTAL CHECK 10100 120977 06/08/17 BANNERWO BANNER WORLD 1155515 10100 120978 06/08/17 13ARLASNA NAILA ASAD BARLAS 0015210 10100 120979 06/08/17 BASHFORD BASHFORD ENTERPRISES 1255215 10100 120980 06/08/17 BEASLEYO OTTO BEASLEY 001 10100 120981 06/08/17 EVERGREE ROBYN A BECKWITH 0014093 10100 120981 06/08/17 EVERGREE ROBYN A BECKWITH 0014093 TOTAL CHECK 10100 120982 06/08/17 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015333 10100 120982 06/08/17 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 TOTAL CHECK 10100 120983 06/08/17 BROWNDIA DIANA BROWN 001 10100 120984 06/08/17 CAWATERS CALIFORNIA WATERS LLC 0015333 10100 120985 06/08/17 CASTROBI BIANCA CASTRO 001 10100 120986 06/08/17 CERTITRA CERTIFIED TRANSPORTATION 1125350 10100 120987 06/08/17 CHARTER CHARTER OAK GYMNASTICS, 0015350 10100 120988 06/08/17 CHICAGOT CHICAGO TITLE 1255215 10100 120988 06/08/17 CHICAGOT CHICAGO TITLE 1255215 10100 120988 06/08/17 CHICAGOT CHICAGO TITLE 1255215 10100 120988 06/08/17 CHICAGOT CHICAGO TITLE 1255215 10100 120988 06/08/17 CHICAGOT CHICAGO TITLE 1255215 TOTAL CHECK 10100 120989 06/08/17 CHINNATA NATALIE CHIN 001 10100 120990 06/08/17 CIVICPUB CIVIC PUBLICATIONS INC 0014096 -------DESCRIPTION--------- SALES TAX USE TAX 0.00 USE TAX 0.00 USE TAX 0.00 SUPPLIES -SPL EVENTS 0.00 LECTERNS -DBC 0.00 0.00 FACILITY REFUND -DBC 0.00 RECYCLED NEWSPAPERS 0.00 USE TAX 0.00 USE TAX 0.00 RECYCLED PET BAGS 0.00 0.00 AD -EARTH DAY 0.00 PLNG COMM -MAY 0.00 CDBG PROO--417 D/HILL 0.00 FACILITY REFUND-P/GRW 0.00 PLANT MAINT-CITY HALL 0.00 PLANT MAINT-LIBRARY 0.00 0.00 MONTHLY LANDSCAPE -MAY 0.00 MONTHLY LANDSCAPE -MAY 0.00 0.00 FACILITY REFUND-PTRSN 0.00 MONTHLY MAINT-DBCV 0.00 FACILITY REFUND-PTRSN 0.00 TRANS -TINY TOT'S EXCS 0.00 CONTRACT CLASS --SPRING 0.00 TITLE RPT -205 PLATINA 0.00 TITLE RPT -23411 RBNBR 0.00 TITLE RPT -23654 P/VLL 0.00 TITLE RPT -3129 F/FIEL 0.00 TITLE RPT -417 DEEP HL 0.00 0.00 FACILITY REFUND-HRTGE 0.00 WRBSITE/HOSTING SVCS 0.00 PAGE NUMBER ACCTPA21 AMOUNT -302.84 72.01 230.83 823.00 2,638.00 3,46I.00 350.00 391.50 --181.13 181.13 1,914.80 2,306.30 50.00 65.00 1,780.70 200.00 325.00 107.00 432.00 5,645.47 28,415.11 34,060.58 50.00 380.00 50.00 385.73 323.40 31.00 31.00 31.00 33.00 88.00 214.00 50.00 2,060.00 7 co a Y U R a ai co SUNGARD PENTAMATION INC DATE: 06/13/2017 TIME: 11:54:13 CITY OF DIAMOND BAR CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck date between 120170601 00:00:00.000' and '20170614 00:00:00.000' ACCOUNTING PERIOD: 12/17 PAGE NUMBER; ACCTPA21 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 120991 06/08/17 COATESSH SHIRLEY COATES 001 FACILITY REFUND-PNTRA 0.00 50.00 10100 120991 06/08/17 COATESSR SHIRLEY COATES 001 FACILITY REFUND-PNTRA 0.00 184.50 TOTAL, CHECK 0.00 234.50 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES --PR 13-1779 0.00 471.60 10100 120992 06/08/27 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 16-1499 0.00 744.78 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 14-5021 0.00 120.00 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 14-5021 0.00 1,005.00 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PR 13--1779 a.00 1,075.82 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 13--1,779 0.00 2,620.00 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 13--1779 0.00 5,976.80 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PR 16-2341 0.00 -14.49 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PR 16-2341 0.00 14.49 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 16-2341 0.00 80.50 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PR 16--1499 0.00 134.06 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PR 14--5021 0.00 180.90 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015551 PROF.SVCS-PLAN CHECK 0.00 264.40 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 14-5021 0.00 -21.60 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 14-5021 0.00 21.60 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PR 13-1779 0.00 --1,075.82 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PR 13-1779 0.00 --471.60 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PR 14-5021 0.00 --180.90 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PR 16-1499 0.00 --134.06 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2015-145 0.00 145.00 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-201 0.00 190.80 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2015-101 0.00 577.50 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2015-34 0.00 650.00 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2015-201 0.00 1,060.00 3.0100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-101 0.00 103.95 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-34 0.00 117.00 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-201 0.00 -190.80 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-34 0.00 --117.00 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-101 0.00 --103.95 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-145 0.00 -26.10 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 2016-42 0.00 -3.75 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 16-105 0.00 -2.07 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 14-425 0.00 -1.88 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-144 0.00 -1.88 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-144 0.00 1.88 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 14-425 0.00 1.88 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 16-105 0.00 2.07 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 2016-42 0.00 3.75 10100 120992 06/08/27 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2015-144 0.00 10.42 10100 3.20992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2014-425 0.00 10.42 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2016-105 0.00 11.48 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2016-42 0.00 20.83 10100 120992 06/08/17 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES --PL 15-145 0.00 26.10 TOTAL CHECK 0.00 13,297.13 10100 10100 120993 06/08/17 DCINTEGR DC INTEGRATE INC 250 RETENTIONS PAYABLE 0.00 -2,560.00 120993 06/08/17 DCINTEGR DC INTEGRATE INC 2505510 HVAC REPLACEMNT-C/HLL 0.00 51,200.00 TOTAL CHECK 0.00 48,640.00 ai 6 SUNGARD PENTAMATION INC PAGE NUMBER: DATE; 06/13/2017 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:54:13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120170601 00:00:00.000' and 120170614 00:00:00.000, ACCOUNTING PERIOD: 12/17 9 0 Lo a 4) Y U m a FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 120994 06/08/17 DENNISCA CAROL A DENNIS 0014030 PROF.SVCS-CNCL MTG 0.00 150.00 10100 120995 06/08/17 DEVIMAYA MAYA DEVI 0015350 CONTRACT CLASS -SPRING 0.00 445.20 10100 120996 06/08/17 DASC DIAMOND AGE SENIOR CLUB 001 FACILITY REFUND-HRTGE 0.00 200.00 10100 10100 120997 06/08/17 DOYLEVER VERONICA DOYLE 001 FACILITY REFUND-S/CYN 0.00 25.00 TOTAL 120997 CHECK 06/08/17 DOYLEVER VERONICA DOYLE 001 FACILITY REFUND-S/CYN 0.00 50.00 0.00 75.00 7.0100 120998 06/08/17 ELKHATIB DANZEK ELKHATIB 001 RECREATION REFUND 0.,00 184.00 10100 120999 06/08/17 EMERALD EMERALD LANDSCAPE SERVIC 0014093 MONTHLY MAINT--C/HALL 0.00 910.00 10100 121000 06/08/17 ESPARZAJ JUAN ESPARZA 001 FACILITY REFUND -DBC 0.00 400.00 10100 121001. 06/08/17 EVERELEM EVERGREEN ELEMENTARY 001 FACILITY REFUND-HRTGE 0.00 200.00 10100 121002 06/08/17 EWINALAU LAU EWINA 001 FACILITY REFUND-PNTRA 0.00 50.00 10100 10100 121003 06/08/17 EXTERIOR EXTERIOR PRODUCTS INC 0015350 INSTALL/REMOVAL-BANNE 0.00 2,816.25 TOTAL 121003 CHECK 06/08/17 EXTERIOR EXTERIOR PRODUCTS INC 0015350 MAY POSTING -BANNERS 0.00 3,485.58 0.00 6,301.83 10100 121004 06/08/17 FARAGOFR FRANK A FARAGO 0015210 PING COMM -MAY 0.00 130.00 10100 121605 06/08/17 FLORALIC ALICIA FLORES 001 FACILITY REFUND-HRTGE 0.00 50.00 10100 10100 121006 06/08/17 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-SRST CH 1 0.00 807.87 10100 121006 06/08/17 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-SRST CH 1 0.00 159.26 10100 121006 06/08/17 FRONTIER FRONTIER COMMUNICATIONS 0014093 PH.SVCS-C/H ELEVATOR 0.00 160.46 10100 121006 06/08/17 FRONTIER FRONTIER COMMUNICATIONS 0014030 PH.SVCS-CMGR FAX 0.00 88.30 10100 121006 06/08/17 FRONTIER FRONTIER COMMUNICATIONS 0015556 PH.SVCS-HERITAGE FAX 0.00 95.75 TOTAL 121006 CHECK 06/08/17 FRONTIER FRONTIER COMMUNICATIONS 0015556 PH.SVCS-HERITAGE ALRM 0.00 57,08 0.00 1,368.72 10100 1.21007 06/08/17 GLASSCOH HEIDI GLASSCO 001 -RECREATION REFUND 0.00 165.00 10100 121008 06/08/17 GLENHIGH GLENDORA HIGH SCHOOL 001 FACILITY REFUND -DBC 0.00 500.00 10100 121009 06/08/17 HLCHARTE H & L CHARTER CO INC 001 SHUTTLE SVCS -4TH JULY 0.00 3,747.00 10100 121010 06/08/17 HAMWOOSU WOOSUNG HAM 001 RECREATION REFUND 0.00 412.00 101.00 121011_ 06/08/17 HIWAYSAF HI WAY SAFETY INC 0015554 SUPPLIES -RD MAINT 0.00 163.35 10100 121012 06/08/17 HINKLEMA MARGIE HINKLE 001 RECREATION REFUND 0.00 69.00 10100 121013 06/08/17 HOVENJUL JULIE HOVEN 001 RECREATION REFUND 0.00 167.00 10100 121014 06/08/17 HSUCECIL CECIL HSU 001 FACILITY REFUND-PNTRA 0.00 50.00 9 0 Lo a 4) Y U m a m ai 6 SUNGARD PENTAMATION INC PAGE NUMBER: 10 DATE: 06/13/2017 CITY OF DIAMOND BAR ACCTPA21 TIME: 11:54:13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transaat.ck date between 120170601 00:00:00.000' and 120170614 00:00:00.000' ACCOUNTING PERIOD: 12/17 FUND -- 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION-------- SALES TAX AMOUNT 10100 121015 06/08/17 HUFFSTRA HUFF STRATEGIES CONSULTI 001 FACILITY REFUND -DBC 0,00 500.00 1010D 121016 06/08/17 INLAEMPI INLAND EMPIRE MAGAZINE 0014095 AD -DBC JUN 2017 0.00 995.00 10100 121017 06/08/17 INLANDEM INLAND EMPIRE STAGES 1125350 TRANS -SR EXCURSION 0.00 1,060,00 10100 121018 06/08/17 IVDB INLAND VALLEY DAILY BULL 0014030 LEGAL ADS-P/HEARING 0.00 334.56 10100 121018 06/08/17 IVDB INLAND VALLEY DAILY BULL 0014030 LEGAL SVCS-P/HEARING 0.00 554,78 1010D 121018 06/08/17 IVDB INLAND VALLEY DAILY BULL 001 LEGAL ADS -PL 2016-211 0.00 434.66 10100 121018 06/08/17 IVDB INLAND VALLEY DAILY BULL 001 LEGAL ADS -PL 2017-020 0.00 439.28 1O1D0 121018 06/08/17 IVDB INLAND VALLEY DAILY BULL 001 LEGAL ADS -PL 2017-040 0.00 467.00 10100 `.DOTAL 121018 06/08/17 IVDB INLAND VALLEY DAILY BULL 001 LEGAL ADS -PL 2016-221 0.00 517.82 CHECK 0,00 2,748.10 10100 121019 06/08/17 INSTITUT INSTITU`T'E OF KNOWLEDGE 001 FACILITY REFUND-REAGA 0,00 50.00 10100 121020 06/08/17 JASONLEE LEE JASON 001 FACILITY REFUND-PNTRA 0,00 145.50 10100 121021 06/08/17 LEEGRACE JI LEE 0015210 REIMB--NP CONF 0,00 968.69 10100 121022 06/08/17 KIMMICHE MICHELLE KIM 0025350 CONTRACT CLASS -SPRING 0,00 456.00 10100 221023 06/08/17 KLEINGAB GA13RIELA KLEIN 0015350 CONTRACT CLASS -SPRING G.G0 478.80 10100 121024 06/08/17 LANCESOL LANCE, SOLL L LUNGHARD L 0014050 AUDIT SVCS -SINGLE ADT 0.00 9,500.00 10100 121025 06/08/17 LAURELSA SAMANHA LAUREL 001 FACILITY REFUND-S/CYN 0,00 25.00 10100 121025 06/08/17 LAURELSA SAMANHA LAUREL 001 FACILITY REFUND-S/CYN 0,00 50.00 TOTAL CHECK 0,00 75.00 10100 121026 06/08/17 LEEESTHE ESTHER LEE 001 FACILITY REFUND -DBC 0,00 100.00 10100 121027 06/08/17 LESTERLI LESTER LITHOGRAPH INC 0014095 PRINT SVCS-DBCONN JUN 0.00 3,701.73 10100 121028 06/08/17 LACPUBWK LOS ANGELES COUNTY PUBLI 2505510 FLOOD PERMIT APP--B/CY 0.00 3,190.31 lolOD 121029 06/08/17 MAHLKEJE JENNIFER LYNN MAHLXE 0015210 PING COMM --5/9, 5/23 0.00 130.00 1G100 121030 06/08/17 GMGENERA MC GENERAL CONTRACTORS 1 1255215 CDBG PROG-3210 F/RIDG 0.00 1,000.00 10100 121032 06/08/17 MERCURYD MERCURY DISPOSAL SYSTEMS 1155515 SUPPLIES -CITY HALT, 0.00 73.10 10100 121032 06/08/17 MINANDRE ANDREW MIN 001 FACILITY REFUND -BBC 0.00 1,150.00 10100 121033 06/08/17 MOKKENNE KENNETH MOK 0.015210 PLNG COMM -MAY 0.00 130,00 10100 121034 06/08/17 MORALESE EDA MORALES 001 FACILITY REFUND-PNTRA 0.00 50.00 10200 122035 06/08/17 NOONANCL CLARISSA NOONAN 001 FACILITY REFUND -DBC 0.00 10.00 10100 121035 06/08/27 NOONANCL CLARISSA NOONAN 001 FACILITY REFUND -DBC 0.00 100.00 TOTAL CHECK 0.00 110.00 Lo a Y U R a N .0 04 M a9 CO a SUNGARD PENTAMATION INC PAGE NUMBER; 11 DATE; 06/13/2017 CITY OF DIAMOND BARACCTPA21 V TIME: 11:54:13 CHECK REGISTER - DISBURSEMENT FUND m a SELECTION CRITERIA: eransact.ck date between 120170601 00:00:00.000' and '20170614 00;00:00,000' ACCOUNTING PERIOD: 12/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------- SALES TAX AMOUNT 10100 121036 06/08/17 KIDZLOVE NORTH AMERICAN YOUTH ACT 0015350 CONTRACT CLASS -SPRING 0.00 2,242.20 10100 121037 06/08/17 OPENGOVI OPENGOV INC 0014070 PROF.SVCS-FINANCE 0.00 11,808.32 10100 121038 06/08/17 ORKININC ORKIN PEST CONTROL INC 1385538 PEST CONTROL--B/CYN 0.00 63.37 10100 121039 06/08/17 OTSULYNN LYNN OTSU 001 FACILITY REFUND -DBC 0.00 100.00 10100 121040 06/08/17 PACHECOL LUPE PACHECO 001 RECREATION REFUND 0.00 69.00 10100 121041 06/08/17 PARENTRE REIME PARENT 001 RECREATION REFUND 0.00 185.00 10100 121042 06/08/17 PENCOENG PENCO ENGINEERING INC 0015551 PROF.SVCS-PLAN CHECK 0.00 310.00 107.00 121043 06/08/17 PERSIPEN PENNY PERSI 001 RECREATION REFUND 0.00 51,00 10100 121044 06/08/17 PINONAPR APRIL PINON 001 FACILITY REFUND-REAGA 0.00 50.00 10100 121045 06/08/17 PRINCETI TINA PRINCE 001 FACILITY REFUND-HRTGE 0.00 200.00 10100 121046 06/08/17 PPINC PROJECT PARTNERS INC 0015551 CONSULTANT SVCS -ENG 0.00 15,840.00 20100 121047 06/08/17 QUINNREN QUINN RENTAL SERVICES 0015556 EQ RENTAL -HERITAGE PK 0.00 1,119.46 10100 121048 06/08/17 RIVERAEL ELVIRA A RIVERA 001 FACILITY REFUND-HRTGE 0.00 100.00 10100 121049 06/08/17 RODRIGOJ JON ERICK RODRIGO 001 FACILITY REFUND-HRTGE 0.00 200.00 10100 121050 06/08/17 ROSSCREA ROSS CREATIONS 001 SOUND SYS -4TH JULY 0.00 700.00 10100 121050 06/08/17 ROSSCREA ROSS CREATIONS 0015350 SOUND SYS -CONCERTS 0.00 TOTAL CHECK 750.00 0.00 1,450.00 10100 121051 06/08/17 ROWLANDU ROWLAND UNIFIED SCHOOL D 001 FACILITY REFUND -DBC 0.00 500.00 10100 121052 06/08/17 ROYSALSH SHEENA ROYBAI, DOl FACILITY REFUND-REAGA 0.00 50.00 10100 121053 06/08/17 RUEDASAL ALEJANDRO RUEDAS 001 FACILITY REFUND -DBC 0.00 1,000.00 10100 121054 06/08/17 SALVEJAN JAN SALVERON 001 FACILITY REFUND-REAGA 0.00 50.00 10100 121055 06/08/17 SANDMIKE MIKE SAN DIEGO 001 RECREATION REFUND 0.00 69.00 10100 121055 06/08/17 SANDMIKE MIKE SAN DIEGO 001 RECREATION REFUND 0.00 107.00 TOTAL CHECK 0.00 176.00 10100 121056 06/08/17 SANGCOMA MARIA SANGCO 001 FACILITY REFUND-PNTRA 0.00 150.00 10100 121057 06/08/17 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 2,242.34 10100 121057 06/08/17 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 188.35 10100 121057 06/08/17 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS--T/CONTROL 0.00 166.50 TOTAL CHECK 0.00 2,597.19 M SUNGARD PENTAMATION INC DATE: 06/13/2017 CITY OF DIAMOND BAR TIME; 11:54:13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120170601 00:00:00.000' and '20170614 00:00:00.000' ACCOUNTING PERIOD: 12/17 PAGE NUMBER: 12 ACCTPA21 --------DESCRIPTION------- FUND - 001 - GENERAL FUND FACILITY REFUND-PTRSN 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 121058 06/08/17 SPILLERS ANT01NETTE SPILLERS 001 10100 121059 06/08/17 STERWEAL STERLING WEALTH PARTNERS 001 10100 121060 06/08/17 SUHYOON YOON SUH 001 10100 721061 06/08/17 SUNJENNI JENNIFER SUN 001 10100 121062 06/08/17 SYTECHSO SYTECH SOLUTIONS 0014030 10100 121063 06/08/17 TAMSIUKI SIU KI TAM 0015350 10100 121064 06/08/17 SGVT THE SAN GABRIEL VALLEY N 0014030 10700 121064 06/08/17 SGVT THE SAN GABRIEL VALLEY N 0014030 10100 121064 06/08/17 SGVT THE SAN GABRIEL VALLEY N 001 10100 121064 06/08/17 SGVT THE SAN GABRIEL VALLEY N 001 10100 121064 06/08/17 SGVT THE SAN GABRIEL VALLEY N 007 10100 121064 06/08/17 SGVT THE SAN GABRIEL VALLEY N 001 10100 121064 06/08/17 SGVT THE SAN GABRIEL VALLEY N 001 TOTAL CHECK 0.00 100.00 FACILITY REFUND -DBC 0.00 10100 121065 06/08/17 THESAUCE THE SAUCE CREATIVE SERVI 0015350 10100 121065 06/08/17 THESAUCE THE SAUCE CREATIVE SERVI 0015350 10100 121065 06/08/17 THESAUCE THE SAUCE CREATIVE SERVI 0015350 10100 121065 06/08/17 THESAUCE THE SAUCE CREATIVE SERVI 0015350 10100 121065 06/08/17 THESAUCE THE SAUCE CREATIVE SERVI 0015350 TOTAL CHECK 30100 121066 06/08/17 TRIFYTTS TRIFYTT SPORTS LLC 0015350 10100 121067 06/08/17 TSAZVICK VICKY TSAI 001 10100 121068 06/08/17 TUCKERRA RAYMOND MICHAEL TUCKER 0015350 10100 121069 06/08/17 USHEALTH US HEALTHWORKS MEDICAL G 0014060 10100 121069 06/08/17 USHEALTH US HEALTHWORKS MEDICAL G 0014060 TOTAL CHECK 10100 121070 06/08/17 VALLEYTR VALLEY TROPHY 0015350 10100 121071 06/08/17 VERIZONW VERIZON WIRELESS 0014070 10100 121072 06/08/17 VILLELZS ELISHA VILLANUEVA 001 10100 321072 06/08/17 VTLLELZS ELISHA VILLANUEVA 001 10700 121072 06/08/17 VILLELZS ELISHA VILLANUEVA 001 TOTAL CHECK 10100 121073 06/08/17 VIRATAPA PATRICIA VIRATA 001 10100 121074 06/08/17 WCMEDIA WEST COAST MEDIA 0014095 10100 121075 06/08/17 WILLDANG WILLDAN GEOTECHNICAL 001 PAGE NUMBER: 12 ACCTPA21 --------DESCRIPTION------- SALES TAX AMOUNT FACILITY REFUND-PTRSN 0.00 50.00 FACILITY REFUND -DBC 0.00 100.00 FACILITY REFUND-REAGA 0.00 20.00 FACILITY REFUND-REAGA 0.00 50.00 DOCUMENT IMAGING 0.00 36,097.46 CONTRACT CLASS -SPRING 0.00 936.00 LEGAL ADS-P/HEARING 0.00 319.12 LEGAL ADS-P/HEARING 0.00 545.44 LEGA€, ADS --PL 2014-174 0.00 479.20 LEGAL ADS -PL 2017-040 0.00 479.20 LEGAL ADS -PL 2017-02U 0.00 493.00 LEGAL ADS -PL 2016-211 0.00 462.64 LEGAL ADS -PL 2016-221 0.00 528.88 0.00 3,307.48 PRINT SVCS -CONCERTS 0.00 750.00 PRINT SVCS -4TH OF JUL 0.00 820.00 PRINT SVCS -CONCERTS 0.00 826.88 PRINT SVCS -4TH OF JUL 0.00 833.00 SUPPLIES-REC STAFF 0.00 1,180.00 0.00 4,409.88 CONTRACT CLASS --SPRING 0.00 1,836.00 RECREATION REFUND 0.00 330.00 CONTRACT CLASS -SPRING p.00 300,00 PRE-EMPLYMNT PHYSICAL 0.00 222.00 PRE-EMPLYMNT PHYSICAL 0.00 221.00 0.00 442.00 SUPPLIES -YOUTH SOCCER 0.00 774.84 CELL CHRGS-PW,CS,CD 0.00 1,168.27 FACILITY REFUND -DBC 0.00 81.00 FACILITY REFUND -DBC 0.00 100.00 FACILITY REFUND -DBC 0.00 544.00 0.00 725.00 FACILITY REFUND-HRTGE 0.00 250.00 AD -DBC FACILITY JUN 0.00 500.00 ADMIN FEES -PR 14--5020 0.00 36.00 M Lo a 4) Y U R a M <o SUNGARD PENTAMATION INC DATE: 06/13/2017 CITY OF DIAMOND BAR TIME: 11:54:13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck date between 120170601 00:00:00.000, and 120170614 00:00:00.000, ACCOUNTING PERIOD: 12/17 rn FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME 10100 121075 06/08/17 WILLDANG WILLDAN GEOTECHNICAL 10100 121075 06/08/17 WILLDANG WILLDAN GEOTECHNICAL 10100 121075 06/08/17 WILLDANG WILLDAN GEOTECHNICAL 10100 121075 06/08/17 WILLDANG WILLDAN GEOTECHNICAL 10100 121075 06/08/17 WILLDANG WILLDAN GEOTECHNICAL 10100 121075 06/08/17 WILLDANG WILLDAN GEOTECHNICAL 10100 121075 06/06/17 WILLDANG WILLDAN GEOTECHNICAL 10100 121075 06/08/17 WILLDANG WILLDAN GEOTECHNICAL TOTAL CHECK 001 RETIRE CONTRIB-PEPRA 0.00 10100 121076 10100 121077 10100 121078 10100 121079 1p100 PP 1/17 10100 PPI1/17 10100 PP11/17 10100PP11/17 TOTAL CHECK 10100 11 -PP 17 10100 11 -PP 17 10100 11 -PP 17 10100 11 -PP 17 10100 11 -PP 17 10100 11 -PP 17 101D0 11 -PP 17 10100 11 -PP 17 10100 11 -PP 17 TOTAL CHECK ZO100 PP 09-10 10100 PP 09-10 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND 06/08/17 PAETECCO WINDSTREAM 06/08/17 WOLFERAY RAYMOND WALTER WOLFE 06/08/17 XIAOLIME LIMEI XIAO 06/08/17 Z14AOTRRE TERENCE ZHAO 06/01/17 TASC TASC 06/01/17 PERSRETI PERS RETIREMENT FUND 06/01/17 PERSRETI PERS RETIREMENT FUND 06/01/17 PERSRETI PERS RETIREMENT FUND FUND/DIVISION-------DESCRIPTION--------- SALES TAX 001 ADMIN FEES -PR 15-2073 0.00 001 ADMIN FEES-PR'14--3687 0.00 001 PROF.SVCS-PR 15-2073 0.00 001 PROF.SVCS-PR 14--3687 0.00 001 PROF.SVCS-PR 14-5020 0.00 001 ADMIN FEES -PR 15-2073 0.00 001 ADMIN FEES -PR 14-3687 0.00 001 ADMIN FEES -PR 14-5020 0.00 P/R TRANSFER 0.00 0014070 LONG DIST SVCS-APR/MY 0.00 0015210 PLNG COMM -MAY 0.00 0015350 CONTRACT CLASS -SPRING 0.00 001 FACILITY REFUND -DBC 0.00 001 6/2/17-P/R DEDUCTIONS 0.00 001 RETIRE CONTRIB-PEPRA 0.00 001 RETIRE CONTRIB-EE 0.00 001 SURVIVOR BENEFIT 0.00 PAYROLL TRANSFER 0.00 06/01/17 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER 11/PP 17 0.00 06/01/17 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER Il/PP 17 0.00 06/01/17 PAYROLL PAYROLL TRANSFER 113 P/R TRANSFER II/PP 17 0.00 06/01/17 PAYROLL PAYROLL TRANSFER 115 P/R TRANSFER ll/PP 17 0.00 06/01/17 PAYROLL PAYROLL TRANSFER 138 P/R TRANSFER ll/PP 17 0.00 06/01/17 PAYROLL PAYROLL TRANSFER 141 P/R TRANSFER ll/PP 17 0.00 06/01/17 PAYROLL PAYROLL TRANSFER 139 P/R TRANSFER 12/PP 17 0.00 06/01/17 PAYROLL PAYROLL TRANSFER D01 P/R TRANSFER 11/PP 17 0.00 06/01/17 PAYROLL PAYROLL TRANSFER 113 P/R TRANSFER II/PP 17 0.00 0.00 06/01/17 PERSHEAL PERS HEALTH 001 JUNE 17 -HEALTH INS PRE 0.00 06/01/17 PERSHEAL PERS HEALTH 0014060 JUNE 17 -HEALTH IRIS PRE 0.00 0.00 0.00 D.00 PAGE NUMBER; 13 ACCTPA21 AMOUNT 72.00 72.00 400.00 400.00 200.00 -72.00 -72.00 -36.00 1,000.00 1,910.28 130.00 594.00 1,200.00 1,252.78 1,332.18 27,382.31 50.22 28,764.71 170,055.64 6,809.49 3,310.42 15,764.70 1,241.39 620.68 620.68 -1,172.47 1,172.47 198,423.00 43,092.84 146.01 43,238.85 1,369,848.92 1,369,848.92 Lo a Y U m a ri 6 SUNGARD PENTAMATION INC DATE: 06/13/2017 CITY OF DIAMOND BAR TIME: 11:54:13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20170601 00;00;00.000' and 120170614 00:00:00.000' ACCOUNTING PERIOD; 12/17 FUND - 020 - OPEB RESERVE FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME 10100 PP 09-10 06/01/17 PERSHEAL PERS HEALTH TOTAL CASH ACCOUNT TOTAL FUND FUND/DIVISION ------DESCRIPTION------ SALES TAX 0204060 JUNE 17 --RETIREE HEALTH 0.00 PAGE NUMBER; 14 ACCTPA21 AMOUNT 896.00 896.00 896,00 Lo Lo a Y U m a ai 6 SUNGARD PENTAMATION INC BATE: 06/13/2017 CITY OF DIAMOND BAR TIME: 11:54:13 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120170601 00:00100.000' and 120170614 00:00:00.000' ACCOUNTING PERIOD: 12/17 FUND - 161 - BEVERAGE CTNR RELY GRT CASH ACCT CHECK NO ISSUE DT VENDOR NAME 10100 121080 06/08/17 ABCPUBLI ABC PUBLIC RELATIONS TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT FUND/DIVISION ------DESCRIPTION---- 1615516 AD -BEV CONTAINER PAGE NUMBER: 15 ACCTPA21 SALES TAX AMOUNT 0.00 700.00 0.00 700.00 0.00 700.00 0.00 1,371,444.92 m a N Y V tC a Agenda #: 6.4 Meeting Date: June 20, 2017 CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager 6ty 6.4 AGENDA REPORT TITLE: APPROVE E PENDITURES WITH THE CASTLE PRESS IN THE AMOUNT $63,344 PLUS AN ADDITIONAL 10 CONTINGENCY OF $6,334, FOR A TOTAL NOT TO E CEED AMOUNT OF $69,678 FOR PRINTING AND MAIL PREPARATION SERVICES DURING FISCAL YEAR 2017 18. Strategic Goal: OPEN, ENGAGED & RESPONSIVE GOVERNMENT :1*461LT4IIT, l;IZIULTIIs] ►A Approve. FINANCIAL IMPACT: There are sufficient appropriated funds for this expenditure in the FY 17-18 Adopted Budget. BACKGROUND: A key component of the City's community outreach efforts is a monthly newsletter titled DBConnection. This newsletter serves as the consistent, primary source of printed communication between the City and its approximately 65,000 residents and 1,500 businesses. Produced in full-color, DBConnection is issued as a four-page publication eight months out of the year, and increased to 28-32 pages the remaining four months to include the seasonal community recreation guide. It is mailed to approximately 21,000 addresses, and extra copies are printed for placement on information racks in various City facilities and distribution at City special events. ANALYSIS: Since our current newsletter and recreation guide printing agreement with The Castle Press ends after the July 2017 issue, the City prepared a new Request for Quotations (RFQ) and distributed to 20 local commercial printers on May 15. Seven printers responded to the RFQ by the set deadline of May 30, with quotes ranging from a low of $63,344 submitted by The Castle Press to a high of $118,124 Packet Pg. 57 submitted by OC Printing Services. A quotation worksheet form listing all printing companies is attached. All seven printers that submitted a quote met the minimum printing requirements outlined in the RFQ. However, staff recommends that The Castle Press be selected to print the City's newsletter and quarterly recreation guide at a cost of $63,344 plus an additional ten percent contingency of $6,334, for a total not to exceed amount of $$69,678 for the 2017-18 fiscal year. In addition to being the most affordable, The Castle Press — a full-service commercial printer founded in 1931 and located in Anaheim — is selected for its extensive experience, high-quality printed products, and most importantly, its proven record of prompt and professional customer service. The Castle Press has been printing the City's newsletter and recreation guide since December 2016. PREPARED BY: AAfgazA PAA arsMa RR, Pu is In ma 10 ana er 6/24/2017 "AAF &24(za AV a MIM ya% clean 6/9/2017 anna oney_WOI, Finan irector 6/12/2017 Attachments: 1. 6.4.a Attachment A. City's Request for Quotations 2. 6.4.b Attachment B. Quotation Worksheet Form 3. 6.4.c Attachment C. Quotations from Printing Companies 6.4 Packet Pg. 58 immy Lin Mayor Ruth M. Low Mayor Pro Tem Carol Herrera Council Member Nancy A. Lyons Council Member Steve Tye Council Member May 15, 2017 City of Diamond Bar 21810 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.DiamondBarCA.gov REQUEST FOR QUOTATIONS Printing and mailing services for monthly newsletter and quarterly recreation guide. Scope of Work - The City of Diamond Bar's monthly newsletter, DB Connection, is delivered to residents and businesses in four (4) page format eight (8) times per year, and four (4) times per year is expanded to 28 or 32 pages to include recreation activities guide. City staff or designee will provide packaged file electronically to vendor and vendor shall provide full-size color proofs (pdf), printing and mailing services as follows: Newsletter — 8 times per year • Quantity: 22,500 • Size: 4 page tab • Flat size: 22" x 17" folded & trimmed to 11" x 17" o Refold to 8'/2" x 11 with mailing panel facing out • Color: 4/4 process • Paper: 80# gloss book • Printing: Sheet -fed • Mailing: skid pack for mailer. Simplified Sort / Standard delivery to residents and businesses in Diamond Bar. Deliver to Diamond Bar and Walnut Post Offices. Drop off extras to Diamond Bar City Hall. Postage paid utilizing City's bulk permit, permit held at Chino Post Office. Recreation Guide — 4 times per year • Quantity: 23,500 • Size: 28 or 32 page self -cover • 3 -knife trim to finished size of 8'/z x 11, saddle stitched on 11" side • Color: 4/4 process • Paper: 70# gloss book • Printing: Sheet -fed • Mailing: Skid pack for mailer. Simplified Sort / Standard delivery to residents and businesses in Diamond Bar. Deliver to Diamond Bar and Walnut Post Offices. Drop off extras to Diamond Bar City Hall. Postage paid utilizing City's bulk permit, permit held at Chino Post Office. • City will provide an additional mailing list of approximately 500 non -Diamond Bar addresses to be included as part of mailing. Deadline — Submit itemized costs on a monthly basis for both options based on a 12 -month period starting in July 2017 and ending in June 2018) by 5:30 p.m. on Tuesday, May 30, 2017 to Public Information Manager Marsha Roa mroa@diamondbarca.gov. Questions — Public Information Coordinator Cecilia Arellano at carellano@diamondbarca.gov or 909.839.7056. 6.4.a Packet Pg. 59 6.4.b City of Diamond Bar BID /QUOTATION WORKSHEET FORM Attach Written Bids from Vendors To This Form Employee Name: Marsha Roa Dept./Div.: Public Information Extension: Date: 6/1/17 Account Number: 001-4095-42110 Description of Item(s) or Service(s): Quantity: Printing services - monthly (8) newsletter and quarterly (4) recreation guide for fiscal year 2017/18 Vendor Name Date of Quote Phone Number: Method (email/fax/phone) 1 THE CASTLE PRESS 5/16/2017 800-794-0858 Address 1128 N. GILBERT STREET, ANAHEIM, CA 92801 Contact: LISA DANNUCCI 2 QUEEN BEACH PRINTERS, INC. 5/23/2017 562-436-8201 Address 937 PINE AVENUE, LONG BEACH, CA 90813 Contact: BILL EDWARDS 3 OC PRINTING SERVICES 5/26/2017 714-550-9779 Address 1355 E. EDINGER AVENUE, SANTA ANA, CA 92705 Contact: MARCOS CORTEZ BID/QUOTE TABULATION THE CASTLE PRESS QUEEN BEACH PRINTERS OC PRINTING SERVICES Description: Quantity: Unit Price: Total: Unit Price Total: Unit Price Total: Newsletter 8 $ 3,700.00 $ 29,600.00 $ 4,605.00 $ 36,840.00 $ 5,563.00 $ 44,504.00 Rec Guide 4 $ 8,436.00 $ 33,744.00 $ 9,815.00 $ 39,260.00 $18,405.00 $ 73,620.00 Subtotal: $ 63,344.00 Subtotal: $ 76,100.00 Subtotal: $ 118,124.00 Freight: $ - Freight: $ - Freight: $ - Sales Tax: Sales Tax: Sales Tax: TOTAL: $ 63,344.00 TOTAL: $ 76,100.00 TOTAL: $ 118,124.00 Packet Pg. 60 6.4.b City of Diamond Bar BID /QUOTATION WORKSHEET FORM Attach Written Bids from Vendors To This Form Employee Name: Marsha Roa Dept./Div.: Public Information Extension: Date: 6/1/17 Account Number: 001-4095-42110 Description of Item(s) or Service(s): Quantity: Printing services - monthly (8) newsletter and quarterly (4) recreation guide for fiscal year 2017/18 Vendor Name Date of Quote Phone Number: Method (email/fax/phone) 4 ACP PUBLICATIONS & MARKETING 5/30/2017 951-681-1313 Address 10266 BIRTCHER DRIVE, JURUPA VALLEY, CA 91752 Contact: CARMINA ORTIZ 5 NORTH POINT AMERICA, INC. 5/30/2017 909-595-2771 Address 937 PINE AVENUE, LONG BEACH, CA 90813 Contact: JIMMY 6 KENNY THE PRINTER 5/30/2017 949-250-3212 Address 17931 SKY PARK CIRCLE, IRVINE, CA 92614 Contact: JACK HSIUNG BID/QUOTE TABULATION ACP PUBLICATIONS & MARKETING NORTH POINT AMERICA KENNY THE PRINTER Description: Quantity: Unit Price: Total: Unit Price Total: Unit Price Total: Newsletter 8 $ 4,964.00 $ 39,712.00 $ 4,507.00 $ 36,056.00 $ 4,892.66 $ 39,141.28 Rec Guide 4 $17,969.00 $ 71,876.00 $ 11,840.00 $ 47,360.00 $12,807.98 $ 51,231.92 Subtotal: $ 111,588.00 Subtotal: $ 83,416.00 Subtotal: $ 90,373.20 Freight: $ - Freight: $ - Freight: $ - Sales Tax: Sales Tax: Sales Tax: TOTAL: $ 111,588.00 TOTAL: $ 83,416.00 TOTAL: $ 90,373.20 Packet Pg. 61 6.4.b City of Diamond Bar BID /QUOTATION WORKSHEET FORM Attach Written Bids from Vendors To This Form Employee Name: Marsha Roa Dept./Div.: Public Information Extension: Date: 6/1/17 Account Number: 001-4095-42110 Description of Item(s) or Service(s): Quantity: Printing services - monthly (8) newsletter and quarterly (4) recreation guide for fiscal year 2017/18 Vendor Name Date of Quote Phone Number: Method (email/fax/phone) 7 LOMBARD GRAPHICS 5/24/2017 562-692-7070 Address 3619 SAN GABRIEL RIVER PARKWAY, PICO RIVERA, CA 90660 Contact: MICHELLE LOMBARD Address Contact: Address Contact: BID/QUOTE TABULATION LOMBARD GRAPHICS Description: Quantity: Unit Price: Total: Unit Price Total: Unit Price Total: Newsletter 8 $ 3,375.00 $ 27,000.00 Rec Guide 4 $ 11,755 $ 47,020.00 Subtotal: $ 74,020.00 Subtotal: $ - Subtotal: $ - Freight: $ - Freight: $ - Freight: $ - Sales Tax: Sales Tax: Sales Tax: TOTAL: $ 74,020.00 TOTAL: TOTAL: Packet Pg. 62 V t0 The Castle Press 1128 N. Gilbert Street, Anaheim, CA 92801 • 800-794-0858 • castlepress.com Cecilia Arellano Public Info Coordinator Estimate Number: 37038 CITY OF DIAMOND BAR Estimate Date: 5/16/2017 Attn: Cecilia Arellano Sales Representative: House 21825 Copley Dr. Estimator: Idannucci Diamond Bar, CA 91765 We are pleased to submit the following proposal. Please contact us if you have any questions or require further information. Description Proofs Stock Colors Finishing Pack and Ship Estimate Totals Quantity 22500 Price $3,700 DB Newsletter - 4pg tab 11 x 17 refolds to 8.5x11 Iris proof 80# Pacesetter gloss book 4/4 process + Overall Gloss AQ Bundle, sort & deliver to DB & Walnut post office Deliver overs to DB City Hall Thank you forgiving us the opportunity to serve you. Please approve below and fax back to (714) 535-2362. This quote is valid for 90 days. Sales tax is not included unless otherwise specified. (sign) Cecilia Arellano Public Info Coordinator Date page 1 of 1 Your Lest choice for a printing partner since 1931. M to 6 IL w to M IL Li m so a' a w d M The Castle (gess a 1128 N. Gilbert Street, Anaheim, CA 92801 • 800-794-0858 castlepress.com CITY OF DIAMOND BAR Attn: Cecilia Arellano 21825 Copley Dr. Diamond Bar, CA 91765 Estimate Number: 37083 Estimate Date: 5/19/2017 Sales Representative: House Estimator: ldannucci We are pleased to submit the following proposal. Please contact us if you have any questions or require further information. Description DB Rec Guide - 28pg or 32pg self cover 8.5x11 Proofs Epson & Iris proofs Stock 4/4 process on Pacesetter 70# gloss book Colors Stitch 11" side & 3 -knife trim to 81/2 x 11 Finishing Bundle, sort & deliver to DB & Walnut post office Pack and Ship Label 500 & deliver overs to DB City Hall Estimate Totals Quantity 23500 Price $8,436 Thank you forgiving us the opportunity to serve you. Please approve below and fax back to (714) 535-2362. This quote is valid for 90 days. Sales tax is not included unless otherwise specified. (sign) Date page 1 of 1 Your Lest choice for a printing partner since 1931. tD 937 Pine Avenue Long Beach, CA 90813-4325 (562) 436-8201 Fax (562) 435-2209 QUEEN BEACH PRINTERS, INC. 0 Requested By: CECILIA ARELLANO Company Name: CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CA 91765 Phone: (909) 839-7000 Fax: (909) 861-3117 to 6 a d v M IL May 23, 2017 Estimate: 40312-500 Salesperson: Bill Edwards, Jr. Job Description: "DIAMOND BAR "NEWSLETTER:" 4 -PAGER, TABLOID -- 8 X per YEAR" 22" X 17", FOLDS TO 11" X 17" 4 -PAGER, THEN REFOLD TO 8.5" X 11" BUNDLES CONVENIENT, FOR USPS / ECRWW MAIL DROP / EDDM DELIVERY 4/4: 4/COLOR PROCESS, + O/A AQ COATING 80# GLOSS BOOK QUOTE BELOW, INCLUDES: ALL PRINT, COMPLETE FULFILLMENT, THRU USPS POSTAGE, NOT INCLUDED IN QUOTE. TO BE HANDLED VIA "DIAMOND BAR" INDICIA. Additional PDF SOFT PROOF E-MAILS AS NECESSARY. Comments: GLOSS DIGITAL COLOR PROOF w/BLUELINE FOR FINAL APPROVAL. DELIVERIES: (BULK): MAIL DROPS FOR ECRWW / USPS MAILING: CHINO & (2) DROPS. ( 500): "NON" DIAMOND BAR ADDRESSES, INK JET ADDRESS, P.O. DROP. OVERS: DELIVERED TO: DIAMOND BAR CITY HALL, GETS MASTHEAD OUT!! Customer ELECTRONIC FILES COMPLETE w/FINAL COLOR LASER OR PDF PROOFS. ALL to Supply: HI-RES IMAGES, GRAPHIC SUPPORT & FONTS IN PLACE Pricing: Quantity Total Price Per 1000 22,500 $ 4,605.00 $ 204.67 to 937 Pine Avenue Long Beach, CA 90813-4325 (562) 436-8201 Fax (562) 435-2209 QUEEN BEACH PRINTERS, INC. Requested By: CECILIA ARELLANO Company Name: CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CA 91765 Phone: (909) 839-7000 Fax: (909) 861-3117 May 23, 2017 Estimate: 40312 Salesperson: Bill Edwards, Jr. Job Description: "RECREATION GUIDE, 32 -SELF, VERSION, SADDLE -STITCHED -- 4 X per YEAR" 8.5" X 11", SADDLE -STITCH ALONG THE 11" BUNDLES CONVENIENT, FOR USPS / ECRWW MAIL DROP / EDDM DELIVERY 4/4: 4/COLOR PROCESS 70# GLOSS BOOK QUOTE BELOW, INCLUDES: ALL PRINT, COMPLETE FULFILLMENT, THRU USPS Additional PDF SOFT PROOF E-MAILS AS NECESSARY. Comments: GLOSS DIGITAL COLOR PROOF w/BLUELINE FOR FINAL APPROVAL. SADDLE -STITCH ALONG THE 11 ". DELIVERIES: (BULK): MAIL DROPS FOR ECRWW / USPS MAILING: CHINO & (2) DROPS. ( 500): "NON" DIAMOND BAR ADDRESSES, INK JET ADDRESS, P.O. DROP. OVERS: DELIVERED TO: DIAMOND BAR CITY HALL. Customer ELECTRONIC FILES COMPLETE w/FINAL COLOR LASER OR PDF PROOFS. ALL to Supply: HI-RES IMAGES, GRAPHIC SUPPORT & FONTS IN PLACE Pricing: Quantity Total Price Per 1000 23,500 $ 9,815.00 $ 417.66 W to Cb IL d v M a 1355 E. Edinger Ave, Santa Ana, CA 92705 714.550.9779 I Name/Address I City of Dimond Bar 21810 Coppley Drive Diamond Bar, CA 9176 Estimate Date Estimate # 5/26/2017 4103 J P.O. No. Terms Rep FOB Project Item Description Qty Price/Ea. Total Newsletter 4 pager 22" x 17" Fold trim to l lx 17 refold to 22,500 0.17916 4,03 LOOT 8.5 x 114/4 80gloss book, artwork Press ready PDF MAILING Create Simplified mail file, postal processing 22,500 0.06809 1.532.00T palletize Mail per postal requirement for 5 Simplified Mail, postal documentation for two �/ mail entries, deliveries to Diamond Bar and -- Walnut Post Office 0.00 0.00 Recreation Gu... 28 pager, self cover8.5 x 11 saddle stitched on 23,500 0.63374 14,893.00T 11 side 4/4 process 70# gloss book Recreation Gu... 32 pager, self cover8.5 x 11 saddle stitched on 23,500 0.69094 16,237.00T 11 side 4/4 process 70# gloss book MAILING 28 pager Create Simplified mail file, postal 23,500 0.08387 1,971.00T processing palletize Mail per postal requirement for Simplified Mail, postal documentation for two mail entries, deliveries to Diamond Bar and Walnut Post Office MAILING 32 pager Create Simplified mail file, postal 23,500 0.09226 2,168.00T processing palletize Mail per postal -- �— -- - requirement for Simplified Mail, postal documentation for two mail entries, deliveries to Diamond Bar and Walnut Post Office This quote is good for a Year, starting in July 2017 Orange County 7.75% 3,164.48 J 00 W a (D Y V M a Proposal #17-390 Company: City of Diamond Bar Attn: Marsha Roa/Cecilia Arellano Description: Newsletter (8 times per year) Size : 22 x 17 Qty: 22,500 Paper: 80# gloss book Prints: 4/4 Artwork: Client to supply PDF, ACP to email proofs Bindery: cut, fold to 11 x 17, then refold to 8.5 x 11, skid pack for mail Date: 5/30/17 Mailing: Simplified Sort/Standard delivery to residents and businesses in Diamond Bar and Walnut USPS. Drop off extras to Diamond Bar City Hall. Postage paid utilizing City's bulk permit at Chino USPS Price: $4964 (exempt from tax for mailing) per month for 8 months Terms: 2% 10 net 30 v kF A" Y . j Company: City of Diamond Bar Attn: Marsha Roa/Cecilia Arellano Description: Rec. Guide -4 times per year : a) 28 pgr self cover or Size : 8.5 x 11 Qty: 23,500 Paper: 70# gloss book Prints: 4/4 Artwork: Client to supply PDF, ACP to email proofs Bindery: fold, saddle -stitch on the 11", trim & skid pack for mail Date: 5/30/17 b) 32 pgr self cover Mailing: Simplified Sort/Standard delivery to residents and businesses in Diamond Bar and Walnut USPS. Drop off extras to Diamond Bar City Hall. Postage paid utilizing City's bulk permit at Chino USPS. City will provide an additional list of approximately 500 non - Diamond Bar addresses to be included in the mailing. Price: a) $16,913 or b) $17,969 (exempt from tax for mailing) for each of 4 times Terms: 2% 10 net 30 We are pleased to offer our services and thank you for the opportunity to be your printing partner. Estimate is based on client supplied information and valid for 30 days. Cecilia Arellano From: Marsha Roa Sent: Tuesday, May 30, 2017 2:22 PM To: Cecilia Arellano Subject: FW: Newsletter Printing Quote- From North Point America Inc Did you receive this one? Marsha Roa I Public Information Manager City of Diamond Bar I Public Information Division 21810 Copley Drive I Diamond Bar, CA 91765 909.839.7055direct 1909.839.7000main mroaa_diamondbarca.gov I www.DiamondBarCA.gov From: North Point America, Inc. [mailto:northpointamerican@gmail.com] Sent: Tuesday, May 30, 2017 2:10 PM To: Marsha Roa <MRoa @Diamond BarCA.Gov> Subject: Newsletter Printing Quote- From North Point America Inc Dear Marsh Roa, Thank you for giving us the opportunity to quote the Newsletter and Recreational guide for the City of Diamond Bar. We are a commercial printing company located in Diamond Bar, Ca and have been in business since 1989. North Point Printing & Graphics offers printing services and graphic design, as well as digital printing. We are also capable of doing bindery, stationery, and fulfillment services (including mailing). Essentially, we are one stop shop for all your printing needs. So why use us? - Located in Diamond Bar, within five mintes. We have been in this location for almost 30 years. Less distance means we can always drop by to address any concerns you have, which also translate to more face to face time. - We have been in business since 1987. Not your standard fly by Night Company. - Our company has also printed numerous jobs for Mt.SAC College, Walnut Valley Unified School District, Walnut Valley Water District and UC Riverside. For Mt Sac these include their high school outreach flyers, summer brochures and postcards, and numerous inserts. For UC Riverside we have just finished their 28 page CE -CERT booklet. Samples can be furnished upon request. - Able to do short & long run jobs at descent prices. Here is the Quote Newsletter — 8 times per year Quantity: 22,500 Size: 4 page tab Flat size: 22" x 17" folded & trimmed to 11" x 17" Refold to 8 %2" x 11 with mailing panel facing out Color: 4/4 process Paper: 80# gloss book Printing: Sheet -fed Price: $3,287 Mailing: skid pack for mailer. Simplified Sort / Standard delivery to residents and businesses in Diamond Bar. a Deliver to Diamond Bar and Walnut Post Offices. Drop off extras to Diamond Bar City Hall. Postage paid Y utilizing City's bulk permit, permit held at Chino Post Office. a $1,220 Price is for mailing services only, does not include postage Recreation Guide — 4 times per year Quantity: 23,500 Size: 28 or 32 page self -cover 3 -knife trim to finished size of 8 %2 x 11, saddle stitched on 11" side Color: 4/4 process Paper: 70# gloss book Printing: Sheet -fed 28 Page Price $8,950 32 Page Price $9,750 Mailing: Skid pack for mailer. Simplified Sort / Standard delivery to residents and businesses in Diamond Bar. Deliver to Diamond Bar and Walnut Post Offices. Drop off extras to Diamond Bar City Hall. Postage paid utilizing City's bulk permit, permit held at Chino Post Office. City will provide an additional mailing list of ap roo .ateLy,500 non -Diamond Bar addresses to be included as part of mailing. $2,090 Price is for mailing services only, does not include postage Thank You, Jimmy North Point America, Inc. 788 Pinefalls Ave., Walnut, CA 91789 T 909 595-2771 EXT 0 F 909 595-8909 www.northpointgrqphics.com WESTERN PRINTING & GRAPHICS CORPORATE PRIN'rING SOLUTIONS PROVIDER 17931 Sky Park Circle, Irvine, California 92614 949.250.3212 949.250.8570 fax City of Diamond Bar Quotation No:34708 Date: 05/30/17 SHIP TO: City of Diamond Bar Acct.No Ordered by Phone P.O. No Prepared by Sales Rep Ship By 3781 David OurTruck Quantity Description Price 22,500 22" x 17" Newsletters, 4/4 (process) on 80# gloss book, quarterfold to 11" x 3,306.29 � 8.5" (per issue) 22,500 Mailing (postage not included) 1,586.37 Received by Date KENNY THE PRINTER/WESTERN PRINTING 17931 Sky Park Circle Irvine CA 92614 (949) 250 3212 a WESTERN PRINTING & GRAPHICS CORPORATE PRINTING SOLUTIONS PROVIDER 17931 Sky Park Circle, Irvine, California 92614 949.250.3212 949.250.8570 fax City of Diamond Bar M a a� Y U fC a Quotation No:34709 Date: 05/30/17 SHIP TO: City of Diamond Bar Acct.No Ordered by Phone P.O. No Prepared by Sales Rep Ship By 3781 David OurTruck Quantity Description Price 23,500 28 pp. self cover Recreation Guide, 4/4 (process) on 70# gloss book, 10,177.91 saddlestitch to 8.5 x 11 (per issue) 23,500 32 pp. self cover Recreation Guide, 4/4 (process) on 70# gloss book, 11,157.91 saddlestitch to 8.5 x 11 (per issue) 23,500 Mailing for either option (postage not included) 1,650.07 1.2 o_4 Received by Date KENNY THE PRINTER/WESTERN PRINTING • 17931 Sky Park Circle • Irvine CA 92614 • (949) 250 3212 V tD LOMBARD GRAPHICS 3619 San Gabriel River Parkway Pico Rivera California 90660 Telephone (562)692-7070 Fax (562) 699-2123 J DATE: CLIENT ATTN: JOB: ART: PROOF SIZE: SIDES: PROPOSAL AND ACCEPTANCE May 24, 2017 City of Diamond Bar Ms. Marsha Roa DB Connection Newsletter (prints 8 times per year) Complete print ready artwork supplied by client. A PDF proof will be emailed for client approval prior to printing. 22 x 17, flat size — 8%2 x 11, final folded size Prints on both sides of the sheet INK COLORS: 4/color process both sides PAPER: 80# gloss book, white BINDERY: Two folds to 8Yx 11, with mailing panel facing out PACKAGING: Skid pack for delivery to mailer DELIVERY: Deliver to Diamond Bar and Walnut Post Offices. Drop off extras to Diamond Bar City Hall. COSTS: 180,000 $.15 each = *approx. $27,000 *An over or under shipment of up to 10% may occur. Actual quantity shipped will be billed. NOTE* No mailing included in this quote If you would like us to proceed with this order, please sign below and send back to us. Thank you, Marsha, for the opportunity to quote these newsletters. We look forward to being of service. LOMBARD GRAPHICS .V14w kf!� M4� Michelle Lombard Accepted by_ PO# (if needed) Date QI a w d M a Li LOMBARD PROPOSAL AND ACCEPTANCE GRAPHICS 3619 San Gabriel DATE: May 24, 2017 River Parkway Pico Rivera CLIENT: City of Diamond Bar California 90660 ATTN: Ms. Marsha Roa Telephone (562) 692-7070 JOB: DB Connection 28 page OR 32 page Recreation Guides (prints 4 times per year) (Both options quoted below) Fax (562) 699-2123 ART: Complete print ready artwork supplied by client. PROOF: A PDF proof will be emailed for client approval prior to printing. PAGES: 28 page OR 32 page SIZE: 8Yx 11, final finished size SIDES: Prints on both sides of the sheet INK COLORS: 4/color process through -out PAPER: 70# gloss book, white BINDERY: Fold, collate and saddle stitch PACKAGING: Skid pack for delivery to mailer DELIVERY: Deliver to Diamond Bar and Walnut Post Offices. Drop off extras to Diamond Bar City Hall. COSTS: 28 page Newsletter 94,000 $.475 each + mailing = *approx. $45,610.00 32 page Newsletter 94,000 $.49 each + mailing = *approx. $47,020.00 *An over or under shipment of up to 10% may occur. Actual quantity shipped will be billed. NOTE* Mailing for 2,000 (500 each run) included in cost If you would like us to proceed with this order, please sign below and send back to us. Thank you, Marsha, for the opportunity to quote these recreation guides. We look forward to being of service. �v Lu��Nw� Accepted by Date PO# (if needed) LO Cb a w d M a 6.5 Agenda #: 6.5 Meeting Date: June 20, 2017 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: APPROVE AD OURNING THE CITY COUNCIL MEETING OF UNE 20, 2017 TO U LY 18, 2017. RECOMMENDATION: Approve. BACKGROUND: Due to the July 4th Holiday falling on the first Tuesday of the month this year, which is the same date the City Council is scheduled to hold its Regular Meeting, it has been suggested that the Council consider the cancellation of the City Council Meeting scheduled for July 4th. There will be no pressing matters or public hearings scheduled and therefore adjourning the meeting will not cause the City any hardship. DISCUSSION: Should the City Council concur, it is recommended that the Mayor, at the end of the June 20, 2017 City Council Meeting adjourn said Council Meeting to July 18, 2017. PREPARED BY: Tommye Cr ins, City Clerk 6/2012017 Packet Pg. 76 6.5 Packet Pg. 77 CITY COUNCIL 6.6 Agenda #: 6.6 Meeting Date: June 20, 2017 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager 6i -t -C TITLE: AWARD THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES CONTRACT TO MNS ENGINEERS, INC. FOR THE DIAMOND BAR BOULEVARD STREETSCAPE IMPROVEMENTS PRO ECT (BETWEEN GOLDEN SPRINGS DRIVE AND SR 60 FREEWAY) IN A NOT TO E CEED AMOUNT OF $295,866. Strategic Goal: SAFE, SUSTAINABLE & HEALTHY COMMUNITY RECOMMENDATION: Award. FINANCIAL IMPACT: As part of the approved Fiscal Year 2017-2018 Capital Improvement Program (CIP), $250,000 of Measure M Fund and $50,000 of Developer's Fees are budgeted for the design services for the Diamond Bar Boulevard Streetscape Improvements Project. BACKGROUND AND DISCUSSION: Diamond Bar Boulevard is one of the main arterial roadways of the City connecting with Mission Boulevard in the City of Pomona to the north and Brea Canyon Cut-off to the south. Currently major commercial and retail developments have been improved and are under construction along Diamond Bar Boulevard between Palomino Drive and Golden Springs Drive. The City Council has established its 2017-2020 Strategic Plan which identifies the goal to "incorporate the design features of the City-wide Streetscape Design Guidelines at other arterial intersections and City entry points." This project is aimed at creating a streetscape design that meets this goal set forth by the City Council along Diamond Bar Blvd. between the SR -60 Freeway and Golden Springs Drive. Key elements of the design will not only include streetscape enhancements such as parkway landscape, decorative traffic signals and crosswalks, steel panels with wood timbers, and decorative pavers but will also review areas where complete street elements to enhance transit, bicycle and pedestrian modes of transportation are improved and green street elements to improve storm water quality. Packet Pg. 78 On March 1, 2017, the Request for Proposal (RFP) for professional architectural and engineering design services for the Diamond Bar Boulevard Streetscape Improvements Project was released for general circulation. On April 3, 2017, a total of five (5) responsive proposals were received. Proposals are listed below: 1. David Volz Design $250,062.00 2. NUVIS Landscape Architecture and Planning $272,257.00 3. David Evans and Associates $284,170.00 4. MNS Engineers, Inc. $295,866.00 5. ICG, Inc. $325,041.00 An evaluation committee was created consisting of City and contract personnel to review the five (5) proposals by 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 independently in accordance with the criteria above. All five consulting firms were rated as follow: Firm: Average Rating: 1. ICG, Inc. 65.93/100 2. David Volz Design 67.54/100 3. NUVIS Landscape Architecture and Planning 67.67/100 4. David Evans and Associates 73.69/100 5. MNS Engineers, Inc. 76.00/100 In assigning the ratings, several factors were considered, with significant importance given to staffing and project organization of the firm, as well as the qualifications of the key personnel, including the project manager and other task leaders which are critical to the successful completion of the project. Similarly, significance was given to the work plan criterion which emphasizes 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, after deliberation, short-listed the proposals to the ones by MNS Engineers, Inc. (MNS) and David Evans and Associates (DEA) for further consideration. Their respective resource allocation and anticipated project completion schedule are: 6.6 Packet Pg. 79 [][]Exclusive of Landscape Architect hours proposed as separate lump sum On May 23, 2017, the new evaluation committee consisting of City and contract personnel from Engineering, Traffic, Facilities and Maintenance met with the two finalists for a structured interview with a set of prepared questions. The interviews consisted of a presentation to demonstrate the firm's understanding of City Council's goals and objectives, experience working with water quality, street improvement, Green Streets Policy, Streetscape Design Guidelines, and multi -modal transportation projects. 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 requirements of the RFP, experience with all aspects of the required tasks, and highlighted conceptual design concepts and alternatives. The firms also presented 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 MNS as the top firm with the highest cumulative score for the interview phase of the selection process. MNS presented to the committee innovative ideas for design alternatives and identified with the City's long and rich history. In addition, the firm has a resource -loaded work plan to demonstrate their ability to complete the project on time. The scores are shown below: Firm: Total Rating: 1. MNS 3.5/5 2. DEA. 1.5/5 Based on the evaluation of written proposals and information obtained during the interviews, staff recommends MNS as the firm for awarding the design service contract for the Diamond Bar Boulevard Streetscape Improvements Project. MNS is proposing to complete the project by January 2018. At this time, funding for the construction of the project is proposed to be programed in Fiscal Year 2018/19. Therefore, MNS's projected project completion date is adequate to meet the City's CIP program. The project schedule is tentatively set as follows: 6.6 Packet Pg. 80 David Evans and Resource Allocation MNS Engineers, Inc. Associates Project Design/Management 926* 1006 (hours) Proposed Project Completion December 4, 2017 December 15, 2017 [][]Exclusive of Landscape Architect hours proposed as separate lump sum On May 23, 2017, the new evaluation committee consisting of City and contract personnel from Engineering, Traffic, Facilities and Maintenance met with the two finalists for a structured interview with a set of prepared questions. The interviews consisted of a presentation to demonstrate the firm's understanding of City Council's goals and objectives, experience working with water quality, street improvement, Green Streets Policy, Streetscape Design Guidelines, and multi -modal transportation projects. 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 requirements of the RFP, experience with all aspects of the required tasks, and highlighted conceptual design concepts and alternatives. The firms also presented 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 MNS as the top firm with the highest cumulative score for the interview phase of the selection process. MNS presented to the committee innovative ideas for design alternatives and identified with the City's long and rich history. In addition, the firm has a resource -loaded work plan to demonstrate their ability to complete the project on time. The scores are shown below: Firm: Total Rating: 1. MNS 3.5/5 2. DEA. 1.5/5 Based on the evaluation of written proposals and information obtained during the interviews, staff recommends MNS as the firm for awarding the design service contract for the Diamond Bar Boulevard Streetscape Improvements Project. MNS is proposing to complete the project by January 2018. At this time, funding for the construction of the project is proposed to be programed in Fiscal Year 2018/19. Therefore, MNS's projected project completion date is adequate to meet the City's CIP program. The project schedule is tentatively set as follows: 6.6 Packet Pg. 80 Award Design Contract Notice to Proceed Final Design Construction June 20, 2017 July 2017 January 2018 Pending Funding Approval Staff recommends Council award the consulting services agreement to MNS to develop a complete Plan, Specifications and Estimates and supporting documents and studies for the Diamond Bar Boulevard Streetscape Improvements Project in a not -to -exceed amount of $295,866.00. U N 42-11 Z14 11Y11a Z'W'03 209"/,OJ AW 11Z, Jonathan u, ontmd r jecta ager 6120/2017 0ATA IATA =1Il:YIF t"alsZKO-Ir VW r af Am" W • imberly Young, sorlor Ci it Engi r 6/12/2017 19fiaj;l lzoff id M i ector 6/13/2017 ra anna oneywell, F i "nagn!GFD irector 6/13/2017 Attachments: 1. 6.6.a Consulting Service Agreement MNS 2. 6.6.b RFP Diamond Bar Boulevard Streetscape 3. 6.6.c Project Work Plan 6.6 Packet Pg. 81 6.6.a CONSULTING SERVICES AGREEMENT Design THIS AGREEMENT (the "Agreement") is made as of une 20, 2017 by and between the City of Diamond Bar, a municipal corporation ("City") and MNS Engineers, Inc., a California corporation ("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. David Liu, P.E., Public Works Director/City 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 une 20, 2017, and shall continue unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the 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 Ninety Five Thousand Eight Hundred and Sixty Six Dollars ($295,866.00) 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. Packet Pg. 82 6.6.a 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. Packet Pg. 83 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. 6.6.a Packet Pg. 84 6.6.a 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. Packet Pg. 85 6.6.a 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 Packet Pg. 86 6.6.a 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. 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, [If applicable, name of designated person] shall be the person who primarily performs the work provided under this Agreement. Except as provided in this Packet Pg. 87 6.6.a 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. [Optional] 17. Non Discrimination and E ual 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. 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. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The 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 Packet Pg. 88 6.6.a after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 19. 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 240 calendar days from such date or as may otherwise be agreed to by and between the Project Manager and the Consultant. 20. 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. 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. Attorneys 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. Packet Pg. 89 6.6.a 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.: David Liu, P.E. Phone: Phone: (909) 839-7041 E -Mail: E-mail: Dliu@DiamondBarCa.gov 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, represents 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. Packet Pg. 90 6.6.a IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" [Insert Full Name of Consultant] By: Printed Name: Title: By: Printed Name: Title: Approved as to form: David A. DeBerry, City Attorney "City" CITY OF DIAMOND BAR By: Jimmy Lin Mayor ATTEST: Tommye A. Cribbins, City Clerk *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. Packet Pg. 91 N tG � CO � a a� Y V m a DEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA CITY REQUEST FOR PROPOSAL FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DIAMOND BAR BLVD. STREETSCAPE PROJECT March 2017 � M CO � a w d CITY OF DIAMOND BAR Request for Proposals (RFP) For Professional Architectural and Engineering Services Date: March 1, 2017 Department: Department of Public Works Project Name: Diamond Bar Boulevard Streetscape Improvements Proposal Due Date: April 3, 2017 Six (6) Proposals must be submitted to: City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, California 91765 Attn: Jonathan Wu, P.E. Senior Project Manager INTRODUCTION AND BACKGROUND Incorporated on April 18, 1989, the City of Diamond Bar sets against a scenic mountain backdrop on more than 8,000 acres of rolling hills and valleys in the East San Gabriel Valley region. The City is a predominantly middle- to upper-class community that is home to approximately 60,000 residents. It is mostly residential in character, with a stock of 18,000 homes which are 80% owner -occupied and 1,500 businesses of retail, commercial or light industrial -nature located within interspersed pockets. Among the amenities that contribute to the high quality of life that is valued by residents are the family -friendly atmosphere; the well-maintained parks, trails and roads; top- rated school districts; and the unparalleled public safety services which contribute to keeping Diamond Bar among the top safest communities in the region for the past 28 years. co rn co � a a Y V The City has adopted a Green Streets Policy and Streetscape Design Guidelines to a establish a unified approach for sustainable growth and maintain the quality of life enjoyed by the residents. In line with the 2016-2017 City Council Goals and Objectives that call for the implementation of streetscape features that reflect the image of Diamond Bar, the City desires streetscape and roadway improvements of Diamond Bar Boulevard between the SR 60 EB Freeway Ramps and Golden Springs Drive. Diamond Bar Boulevard is one of the main arterial roadways of the City connecting with Mission Boulevard in the City of Pomona to the north and Brea Canyon Road to the south. In recent years, major commercial and retail developments have been proposed along Diamond Bar Boulevard between Palomino Drive and Golden Springs Drive. City Council has established its 2016-2017 Goals and Objectives to "Implement a long-term economic development policy strategy that attracts and retains quality small businesses and national/regional credit tenants." The City is seeking a streetscape design proposal that meets the goals and objectives set forth by the City Council and attracts sustainable business development in the City. cc a' co � a w d ca a II. SCOPE Develop a streetscape and roadway improvements plan that can • Promote multi -modal means of transportation by incorporating Complete Street design elements • Establish a point(s) of interest to promote local business • Encourage pedestrian and bicycle traffic • Conserve water and be environment and maintenance friendly • Improve surface run-off quality and containment to comply with MS4 permit • Enhance esthetics of the area while maintaining the identity of the City • Conform to Diamond Bar Streetscape Design Guidelines, Green Streets Manual, California Manual of Uniform Traffic Control Devices (CA-MUTCD), Americans with Disabilities Act (ADA), and City's General Plan Improvements may include, but not limited to, roadway rehabilitation/reconstruction, aesthetic hardscape and landscape treatments that incorporate design elements from the Streetscape Design Guidelines, traffic signal improvements, Green Street/LID measures, crosswalk enhancements, other enhancements that promote the scope of work identified, III. TASKS • Need assessment of current conditions • Data collection including, but not limited to, file review, General Plan review, scoping meetings, surveying, utility, traffic and engineering studies • Conceptual design and alternative development • Two Information Workshops • Monthly status meetings • Presentation to City Officials • Final PS&E • Project Management including scheduling, budget control, and deliverable management • QA/QC • Services during bidding and construction • Full completed project files in both hard copy and electronic form by City's choice co as a w d IV. PROPOSAL FORMAT AND CONTENT a The Consultant's proposal shall be limited to 20 pages except attachments for resumes, graphics, maps or drawings using the following format and sequence: A brief cover letter summarizing key points of the proposal that must be signed by an individual with authority to bind the Contractor and should state all conditions proposed are valid for a period of at least ninety (90) calendar days. A. Project Understanding Discuss the methodology and approaches that will be used in the development of the alternatives and design options. Discuss key design features and concepts and how they are employed to achieve the Goals and Objectives of the City. Also identify any potential concerns or considerations and recommendations for further course of actions. B. Project Team Provide an organization chart indicating principals and key project team members with their areas of expertise. Also provide resumes of the key personnel involved with this project including personnel from sub - consultants. For the project manager, include information for three recent projects on his/her records of completion compared to the original project schedule. C. Relevant Experience List a maximum of five projects of similar scope with a contract amount no less than $200,000 which your firm as the primary has designed for other public agencies. For each project, provide the following information: agency, project cost, year the program was completed, project manager's name, and sub -contractors. D. Program Scheduling Provide a project Gantt chart identifying milestones for the major tasks in the development of the Plans and Specifications, beginning with the Notice to Proceed. The goal of the overall project is to have it fully constructed by June 30, 2018. E. Resource Requirements/Fee Schedule Provide a man-hour and fee estimate. Also provide a "Not to Exceed" fee for the project and all assumptions upon which the estimates are based in a separated sealed envelope labeled "FEE PROPOSAL." co a' co � a w d ca Provide the hourly rates of all personnel assigned to the project. These a rates will be used to negotiate any additional work the City may request. F. QA/QC Provide the firm's QA/QC procedure and policy. Identify QA/QC Manager and roles and responsibilities of the QA/QC Manager. G. Agreement Attachment A is a copy of the City's professional services agreement. A statement MUST be made in the proposal that all terms and conditions are acceptable. No exception to the agreement is allowed. H. Insurance Proof of insurance requirements addressed in the professional services agreement of this Request for Proposal shall be submitted by the selected Consultant upon execution of the contract. The selected Consultant must submit a "Statement Certifying Insurance Coverage" certifying that the required insurance coverage will be obtained by the Consultant and sub -consultant (if any), and that the Consultant understands said coverage is prerequisite for entering into an agreement with the City. The Consultant is required to confirm with its insurance carrier that it can meet all the requirements for insurance. Failure to meet the insurance regulations as set forth shall result in the consultant's disqualification. I. References List of references for similar projects must be provided. Include contact persons, addresses, and telephone numbers. V. SUBMITTAL OF PROPOSAL Six (6) copies of the proposal shall be presented in a sealed envelope bearing the name, address and telephone number of the individual or entity submitting the proposal and shall be addressed to: MR. JONATHAN WU, P.E. SENIOR PROJECT MANAGER CITY OF DIAMOND BAR DEPARTMENT OF PUBLIC WORKS 21810 COPLEY DRIVE DIAMOND BAR, CA 91765-4178. The envelope shall be clearly marked with the notation "DO NOT OPEN — PROPOSAL FOR THE DIAMOND BAR BLVD. STREETSCAPE PROJECT". The proposal shall be submitted on or before 5:00 p.m. on April 3, 2017. Any proposals received after 5:00 p.m. on April 3, 2017 will be returned unopened. VI. SELECTION PROCEDURES The proposals received by the submission date will be evaluated on the basis of their responsiveness to this RFP. The City of Diamond Bar reserves the right to establish, add, delete or modify criteria by which the proposals will be evaluated and to weigh the criteria according to the City's priorities. Criteria for the evaluation of the proposals may include, but need not be limited to the following: • Consultant's demonstrated understanding of the scope of work. • Completeness of proposal. • Firm's track records and key project team members' experiences and record in performing similar work. • Timeliness in accomplishing work assignments for projects in the agreed work. • The resources required to perform the requested services and fee proposal • The consultant's comments on the professional services agreement or exceptions • References. Those Contractors considered most responsive to this RFP may be requested to attend at least one interview with the City. The City may determine that a selection can be made without conducting interviews. The tentative time for the interview is May 1 subject to scheduling. VII. RFP TIMELINE Release of RFP Proposal Due to City Award of Contract Notice to Proceed March 1 April 1 June June or early July � rn cc a' co � a w d ca a VIII. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the scope of work prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind which may be incurred by a proposer. All proposals submitted to the City in response to this Request for Proposal shall become the property of the City. IX. QUESTIONS If there are any questions regarding this Request for Proposal, please contact Mr. Jonathan Wu, P. E., Contract Project Manager, at (909) 839-7037, iwu _DiamondBarCa.gov. Sincerely, David G. e iu, P. Director of Public Works/City Engineer 010 T1121k A. Sample Consultant Service Contract B. Green Streets Manual (http://www.citvofdiamondbar.com/index.aspx?paqe=1287) C. City of Diamond Bar Streetscape Design Guidelines (http://www.cityofdiamondbar.com/index.aspx?page=1287) Figure 1, Diamond Bar BI. at SR -60 ramps looking southerly , I61 Figure 2, Diamond Bar BI. at Golden Springs Dr. looking northerly � D t0 Cb d r+ d Y CONSULTING SERVICES AGREEMENT Design a THIS AGREEMENT (the "Agreement") is made as of , 20XX by and between the City of Diamond Bar, a municipal corporation ("City") and , a [Insert the type of entity of the Consultant, e.g., Inc., a California corporation; a California general partnership; a California limited liability company; a sole proprietor; etc.] ("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. [Insert Name and Position] (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 , 20XX, and shall continue until 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 [Spell out dollar amount] ($ ) 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. � D t0 Cb d r+ d Y 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. a 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 � D CO Cb d r+ d Y requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. a 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. � D t0 Cb d r+ d Y 10. Insurance. a 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 � D t0 Cb d r+ d business in the State of California so long as such insurers possesses the aforementioned Best's rating. a 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. � D CO Cb d r+ d Y 12. Ownership of Materials. Except as specifically provided in this a 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. 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 G t0 Cb d r+ d Y qualified to perform such services. Except as otherwise authorized by the City's Project a Manager, [If applicable, name of designated person] 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. [Optional] 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. 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. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The 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. 19. 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 (_) calendar days from such date or as may otherwise be agreed to by and between the Project Manager and the Consultant. 20. 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. 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 0 co co � d m Y entitled to recover its costs of suit, including reasonable attorney's fees and costs, a 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. cc co � a m Y V R a. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" [Insert Full Name of Consultant] CITY OF DIAMOND BAR By: By: Printed Name: [Insert Person authorized to sign, i.e., Title: City Manager or Mayor] By: ATTEST: Printed Name: Title: City Clerk Approved as to form: By: 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. E N G I N E E R S I N C Diamond Bar Boulevard Streetscape Project I SEC1. PG 1 Project Understanding The City adopted a Green Streets Policy and Streetscape Design Guidelines to establish a unified approach for sustainable growth and maintain the quality of life enjoyed by the residents. Based on the 2016-2017 City Council Goals and Objectives, the City of Diamond Bar proposes to construct streetscape and roadway improvements on Diamond Bar Boulevard between the SR 60 EB Freeway Ramps and Golden Springs Drive. Diamond Bar Boulevard is a main City arterial connecting with Mission Boulevard to the north in the City of Pomona and Brea Canyon Road to the south. In recent years, major commercial and retail developments have been proposed along Diamond Bar Boulevard between Palomino Drive and Golden Springs Drive. City Council has established its 2016-2017 Goals and Objectives to "Implement a long-term economic development policy strategy that attracts and retains quality small businesses and national/regional credit tenants." The City will strive to meet the goals and objectives set forth by the City Council and attract sustainable business development with this project. The project will develop streetscape and roadway improvements that will • Promote multi -modal means of transportation using Complete Street design elements; • Establish points of interest to promote local business; • Encourage pedestrian and bicycle traffic; • Conserve water and be environment and maintenance friendly; • Improve surface runoff quality and containment to comply with MS4 permit; • Enhance esthetics of the area while maintaining the identity of the City; SECTION 1. WORK PLAN • Conform to Diamond Bar Streetscape Design Guidelines, Green Streets Manual, California Manual of Uniform Traffic Control Devices (CA- MUTCD), Americans with Disabilities Act (ADA), and the City General Plan The City expects the improvements to include, but not limited to, roadway rehabilitation and/or reconstruction, aesthetic hardscape and landscape treatments consistent with above guidelines, traffic signal improvements, Green Street and Low Impact Development measures and crosswalk enhancements. The existing street right of way (ROW) is 120' wide of which 24' is street parkway (i.e. 12' on each side.) The City does not expect to reduce the number of vehicle lanes in the corridor due to the heavy vehicle traffic volumes. g /I RCP I;J 4 R.vnne+.v�r-, The City's goal is to have the project fully constructed by end of June 2018. Project Approach Diamond Bar Boulevard is a prominent roadway, and this roadway segment deserves to be treated as a Statement Gateway to the City. The streetscape theme should enhance Diamond Bar's rustic family -friendly character, promote business visibility, and create a green and complete street. V �O ENGINEERS INC AESTHETICS Culturally, Diamond Bar was founded as one of the most respected ranches in Southern California. This rich ranching heritage should be reflected in materials (wood, steel, stone, boulders, California friendly plants), symbology (windmill, timber rails and diamond brand), and earth -tone color palette. Utilizing the Streetscape Design Guidelines and Green Streets Manual, we will develop a streetscape plan which will exemplify sustainable responsibility, community wellness and the City's unique community character. Lynn Capouya, Inc. (LCI) have identified streetscape opportunities for the median and parkway and the creation of a statement gateway. The opportunities are depicted in Exhibit L1. The City may want to consider street elements that are described not in the City's Streetscape Design Guideline: • Ornamental street lighting to match the new traffic signals - unifying theme for the overhead structures • Three existing green bus shelters which may not fit the color, material and/or texture schemes of the corridor ALTERNATIVES For this project, we propose to look at two base alternatives: • The first alternative is to modify the existing 12' wide parkways to add streetscape and green street elements. • The second alternative is to incorporate the approximately 6' wide bike lane into the 12' wide parkway for a proposed 18' wide parkway. The bike lane would be combined with the sidewalk to create an 8' or 9' wide multiuse path. This layout would provide the following advantages: o Larger parkway footprint for landscaping, street monuments and stormwater treatment o Enhance safety of bike riders by creating a separation/barrier from vehicles SECTION 1. WORK PLAN Diamond Bar Boulevard Streetscape Project I SEC1. PG 2 o Decrease crosswalk distance across Diamond Bar Boulevard for pedestrians o Narrower street width decreases the speed of vehicles Potential Typical Section — Alternative 2 Potential Layout - Alternative 2 The parkway width could be increased further by decreasing the vehicle lane widths and/or the median. COMMUNITY OUTREACH The MNS team has been involved in projects with high visibility and public interest. The key is to engage the community early in the design process so they understand the project's goals and objectives and feel they are the part of the project. In the project workshop/meeting, we will prepare a schematic plan underlain by the aerial map with photos or images of the proposed improvements. The idea is to show the City has not developed any concrete plans for this project; the City is here to gather input from the City staff and community. GREEN STREETS ENGINEERS INC The City has developed a Green Streets Manual in which they have detailed out the potential Best Management Practice (BMP) for Commercial Streets. The BMPs are listed below in the table. BMPs for Commercial Areas Bioretention Detention Paving Inlet Protection Planters Infiltration Permeable Screen trenches Pavement Vegetated Dry Wells Filter Inserts Buffer Strips The choices of BMPs are dependent on the infiltration rate of the underlying soil. For areas with high percolating soils, it would be as simple as directing the stormwater in the bioretention areas where the water would be filtered down. For areas with poor soil infiltration rate, an underdrain system is required to convey the stormwater after treatment. Los Angeles County Public Works (LACPW) owns a 60' RCP Storm Drain in the east parkway of Diamond Bar Boulevard (approximately 6' from the ROW line.) There are catch basins on both sides of the street south of the Gentle Spring Lane intersection. Longitudinal underdrains for the bioretention planters or infiltration trenches can be installed within the street parkway and connected to the catch basins at Gentle Spring Lane. If connection to the storm drain system is not desired, larger stormwater volumes would overflow out of the bioretention planter or infiltration trench and back onto the sidewalk and street. An inlet screen or filter insert should be added to the catch basins to decrease the amount of pollutants entering the storm drain system from the roadway. Installation of permeable pavement will need careful consideration and input from City staff. With high traffic SECTION 1. WORK PLAN Diamond Bar Boulevard Streetscape Project I SEC1. PG 3 volumes including semi -trailer trucks, the maintenance of this type pavement may be challenge. COORDINATION WITH COMMERCIAL PROPERTIES AND DEVELOPMENTS The City has indicated that major commercial and retail developments have been proposed along Diamond Bar Boulevard. We will work with the City staff to see if there are opportunities to obtain easements to expand the green parkway. In addition, we will make the proposed improvements are coordinated with future developments. TRAFFIC CONSIDERATIONS We will review available traffic studies and coordinate with the City Traffic Engineer to determine the following: • Existing deficiencies to the traffic signal equipment, phasing, etc. that can corrected with the proposed traffic signals • Interconnection of the traffic signals within the project limits • Revisions to the traffic signing and striping to accommodate present or expected vehicle flows • Enhanced bike signage, striping, marking and loop detectors PERMITS The project is adjacent to State Route 60 eastbound ramps. We will investigate the jurisdictional limits of the State. To meet the City's fast track project schedule, we will need to keep the improvements within City Right of Way as the Caltrans Encroachment Permit approval process is very time consuming. Modification of the storm drain facilities will require an encroachment / connection permit from Los Angeles County Public Works. We expect to obtain the permit in a timely manner as the project will increase pervious surfaces and decrease in stormwater volumes. Moreover, the City intends to install stormwater treatment measures which will improve the stormwater quality. SUSTAINABILITY AND WATER MANAGEMENT Our team provides a comprehensive / metric based strategic action plan for developing a drought tolerant, water efficient, and low maintenance landscape. Our approach strives to reduce water use a minimum of 25% and exceed the continually evolving state regulations, local ordinances, and environmental standards. Our certified irrigation designer can calculate existing irrigation water usage, compare against regulations, and develop cost saving solutions which exceed water regulations. Additionally, we can analyze existing irrigation systems to identify issues and provide efficiency upgrades. ENGINEERS INC Scope of Work MNS has developed the following scope of work based on our understanding of the project. Task 1. Project Initiation We will perform the following tasks to initiate the project: Task 1.1 Kickoff Meeting MNS will prepare a meeting agenda and attend the project kick-off meeting with City staff and major stakeholders. We will discuss the project goals and objectives, review project tasks and schedule, introduce the project team and receive and request project data and information. Deliverables • Kickoff Meeting Agenda and Minutes of Meeting Task 1.2 Data Collection MNS Team will obtain and review existing reports, studies, mapping or other information needed to evaluate the project area. The City will provide copies of available pertinent City records, such as survey ties, development and street plans, engineering and traffic studies which the City knowingly has in its possession. MNS will review and identify if additional data is required. MNS will perform a field review to investigate the project site and document the existing with notes and photos. Task 1.3 Utility Coordination MNS will conduct a utility research for the existing utilities within the project limits to identify and locate the existing utility improvements and delineate on the base mapping. MNS Team Member — Sitescan will perform field utility investigation, six (6) potholes and traffic control to ascertain the location of existing utilities that may be in conflict with the proposed improvements. MNS will notify the utility providers (provided from Underground Service Alert (USA) within the project limits) via letter of the impending project and request atlas sheets or record drawings of existing utilities and appurtenances within the project corridor. Letters may be issued on City letterhead or by MNS as appropriate. One week following issuance of the request letters, MNS will follow-up with telephone calls to verify letters have been received and to determine when utility atlas information will be provided. MNS will provide a reduced size plan to utility agencies requesting review for conflicts and confirmation of the mapping of the utility atlas information. SECTION 1. WORK PLAN Diamond Bar Boulevard Streetscape Project I SEC1. PG 11 MNS will review plans to determine potential utility conflicts. MNS will coordinate the utility relocations, if needed. It is anticipated utility work will be limited to relocation of utility appurtenances and facility adjustments to the finished grade. Deliverables • Utility Record Drawings and Atlases. • Utility Letters • Utility Potholing Data Task 1.4 Survey and Mapping MNS will provide a 3D point cloud survey supplemented with a digital orthophoto for planning purposes and conceptual use. This aerial survey information will be collected through the use of an Unmanned Aircraft System (UAS). The limits of the aerial survey will run along the street corridor of Diamond Bar Blvd from the southerly portion of Route 60 to Golden Springs Drive. The project will be on the NAD83, Epoch 2010.00 horizontal datum and NAVD88 vertical datum based on local benchmarks. The aerial survey will be supplemented by a local ground survey in the areas requiring additional survey for design. The supplemental field survey will include the following items: • Hardscape, structures, walls, fences, trees, signage and striping • Observable utilities MNS will provide a right of way survey of Diamond Bar Blvd within the project limits. MNS will retrace the centerline and right of way boundaries in question based upon field monumentation and record map information. This information will be used for the proposed streetscape design to ensure that there will be no encroachments into private property. We assume that the majority of the existing boundaries for the project will be compiled from recorded maps. Sidelines of properties in question will be established per record distances. MNS will make efforts to identify and recover sufficient monumentation to conduct an accurate retracement of those boundaries. This scope of work does not include the acquiring of title reports. Deliverables • Aerial Mapping • 3D Digital topographic mapping with established centerline and right of way lines. ENGINEERS INC Task 1.5 Geotechnical Investigation MNS team member, Oakridge Geoscience, Inc. (OGI) proposed geotechnical work scope consists of data review, project coordination, field exploration and testing, laboratory testing, and geotechnical evaluation and reporting. Data Review and Project Coordination We will review readily available published geologic and geotechnical data from online sources and data provided to us. The City may have existing geotechnical data that may be useful in understanding the onsite conditions and groundwater depth. We also will review pertinent references from the California Geologic Survey (CGS) and State Water Resources Control Board Geotracker Database. Prior to initiation of the field program, we will perform a site reconnaissance to locate and mark the exploration locations for utility coordination with Underground Service Alert (USA). OGI will not be responsible for mis- or unlocated utilities. We will also perform a visual evaluation of the pavement condition as part of the pavement evaluation task at that time. We also will apply for an encroachment permit from the City if required. We have assumed the encroachment permit will be a no -fee permit and no other permits or rights -of -entry will be required. Visual Pavement Survey We will perform a site reconnaissance to observe the existing site conditions within the proposed improvement areas. We will review available pavement data and previous rehabilitation reports provided by the City to help in our understanding of potential site conditions and existing pavement data. We will perform a visual pavement distress survey to describe and quantify the type of cracking, distress, and surface wearing based on Caltrans and FHWA criteria. The purpose of the survey is to classify the pavement condition as par of the streetscape project. We have not included costs to core the existing pavement at this time, however, we can provide that service for additional fee if requested. Field Exploration - Infiltration Design Based on review of published geologic data, the site conditions are anticipated to consist of granular alluvial deposits with groundwater below 15 feet of the ground surface in the project vicinity. We propose to advance a hand -auger drill hole to about 5 to 10 feet within up to two proposed areas for evaluation of infiltration rates. Based on our review of the site on Google Earth, there are very few to no earthen areas along the alignment corridor in SECTION 1. WORK PLAN Diamond Bar Boulevard Streetscape Project I SEC1. PG 5 which to perform the testing. We have assumed the testing can be performed on private property or possibly in tree wells in sidewalk or median areas if access cannot be obtained from private property owners. We have also assumed the City will provide access to private property to conduct the testing. Also, it may be possible to conduct the testing. Driven and bulk samples will be collected at selected intervals within the drill holes for evaluation and testing of the subgrade soils. Our field geologist will log the recovered samples in general accordance with ASTM D2488 for visual soil classification. Following completion of the exploration, the drill hole will be used to evaluate the infiltration rate as described below. Infiltration Testing. We propose to evaluate the infiltration rate in the hand -auger holes advanced within/near the proposed subsurface infiltration areas by construction of temporary piezometers to perform the infiltration testing at the design invert elevation in general conformance with the County of Los Angeles (2014) manuals. Following completion of the testing, the temporary piezometers will be removed and the drill holes backfilled with the cuttings. Typically, the infiltration testing within permeable soils takes about a day to complete including drilling the hand -auger hole, pre -saturation, and testing: impermeable soils could require longer times. Laboratory Testing Laboratory tests will be performed on selected samples recovered in the field exploration. Actual tests will be based on the results of the field program however, we anticipate that the geotechnical laboratory testing program could consist of moisture/density evaluations, classification tests (grainsize, fines content, and plasticity), and compaction. Geotechnical Evaluation and Reporting We will summarize the pavement survey and the subsurface soil and groundwater conditions encountered at the exploration locations based on the work performed. We have assumed a base map of the project site will be provided to us prior to initiation of field exploration. Factual data, including drill hole logs and geotechnical laboratory data will be presented in a written report that will summarize: • Evaluation of existing Diamond Bar Boulevard pavement condition based on visual observations; • Summary of soil and groundwater conditions encountered; • Anticipated excavation conditions; and • Estimated infiltration rates based on field and lab testing. OWL,J\:-JQ3 ENGINEERS INC Deliverables • Draft and Final Geotechnical Report Task 2. Conceptual Design This task involves developing alternative concepts with the City and stakeholder input. Task 2.1 Alternative Concepts MNS will prepare two (2) alternative street concept plans showing the elements such pavement rehabilitation, vehicle and bike striping and marking, crosswalks, sidewalks, bus stops, stormwater treatment measures, traffic signals and utilities. LCI will develop and prepare two (2) alternative - color - rendered illustrative conceptual landscape plans at 1" = 20' Scale using aerial photographic mapping as the base. The plans will include hardscape, tree, shrub and ground cover areas. LCI will prepare two (2) alternative - color -rendered illustrative typical sections. LCI will prepare two (2) photo image sheets of plant materials and hardscape elements (paving, signage and lighting.) Deliverables • Two (2) Alternative Concept Street Plans • Two (2) Alternative Concept Landscape Plans • Two (2) Alternative Typical Sections • Two (2) Photo Image Sheets Task 2.2 Alternative Estimate of Probable Construction Costs MNS and LCI will prepare preliminary estimate of probable construction costs for the two (2) alternatives. Deliverables • Alternative Concept Preliminary Probable Construction Costs Task 3. Presentations MNS and LCI will present the alternative concepts at two (2) information workshops and one (1) City officials meeting and field questions from the City staff and public. SECTION 1. WORK PLAN Diamond Bar Boulevard Streetscape Project I SEC1. PG 6 The concept plans and exhibits will be mounted on large board and placed on easels. Deliverables Boards of Alternative Concept Plans, Sections and Photo Image Task 4. Final Design Based input and comments from the community and the City on the conceptual plans, MNS team will prepare the Final Plans, Specifications and Estimate. We will prepare the following submittals: • 50% Plans and Engineer's Estimate. • 90% Plans, Specifications and Estimate • 100% Plans, Specifications and Estimate • Final Construction Bid Documents We will prepare the improvement plans at 1" = 20' scale unless otherwise noted. We anticipate the following plan sheets (total of 35 Sheets): • Title Sheet (1 sheet) • Typical Sections (1 sheet) • Demolition and Utility Disposition Plans (3 Sheets) • Street Improvement Plans (3 sheets) • Construction Details — Crosswalks / Sidewalks (1 Sheet) • Construction Details — Stormwater (2 Sheets) • Signing and Striping Plans (3 Sheets) • Traffic Signal Plans (2 Sheets) • Irrigation Plans (3 Sheets) • Irrigation Details (2 Sheets) • Planting Plans (3 Sheets) • Planting Details (1 Sheets) • Electrical Plans (3 Sheets) • Electrical Details (2 Sheets) Following the City Streetscape Design Guideline, the lighting improvements are limited to lighted bollards and tree uplighting. Ornamental street lighting matching the proposed traffic signals could be designed and installed as an additional task. We assume that the street monuments, decorative crosswalks and sidewalks and street furniture details will follow the Streetscape Design guideline, and construction details are available for these elements. Traffic control plans and stormwater pollution prevention plans are expected to be prepared by the contractor. We will provide five (5) full size plan sets and PDF file electronically for 50%, 90% and 100% submittals. We will ENGINEERS INC provide the City with a signed and stamped vellum plan set and AutoCAD files for the final bid document. We will prepare Draft Technical Specifications as part of the 90% submittal. Based on the City comments, we will prepare the 100% Technical Specifications. We will coordinate and assist the City staff in compiling the final bid documents including the bid schedule and the general construction provisions. The specification will be prepared in a Word document, and the word file will be provided to the City. We will update the Engineer's Estimate of Probable Construction Cost at every submittal and decrease the percent contingency as we get closer to the final bid documents. The estimate will be prepared in Excel spreadsheet, and the excel file will be provided to the City. Deliverables • 50% Plans and Estimate • 90% Plans, Specification and Estimate • 100% Plans, Specification and Estimate • Final Bid Documents Task 5. Project Management MNS will meet with the City staff on a monthly basis to apprise the City of the project status and discuss pertinent project issues. We will prepare meeting agendas and minutes of meeting (A total of 5 meetings is anticipated.) MNS will managed the project budget, schedule and deliverables. We prepare a project schedule using Microsoft Project and update prior each monthly meeting. We will invoice the City on a monthly basis. With the invoice, we will provide a spreadsheet with the % of budget expended versus the % of work completed. MNS will perform an internal QA/QC of the work product prior to submission to the City. The QA/QC will be performed by a principal / senior engineer experienced in this type of work. Our formal QA/QC is described in a later section. Deliverables • Meeting Agendas and Minutes of Meeting • Project Schedule • Monthly Invoices with Project Budget Tracking SECTION 1. WORK PLAN Diamond Bar Boulevard Streetscape Project I SEC1. PG 7 Task 6. Design Support During Bid Phase and Construction MNS will assist the City staff in responding to contractor requests for information (RFIs) during bidding and prepare an addendum if needed. MNS will also assist City staff in reviewing bids. MNS will provide support services during the construction phase of the project. This includes: • Responding to contractor RFIs • Reviewing submittals and shop drawings. • Reviewing potential change orders for field design alternatives or value engineering • Prepare record drawings from as -built redline drawings Deliverables • Response to RFIs • Comments on submittal and shop drawings • Record drawings Assumptions The following are our assumptions for this scope of work: • Proposed improvements are only within City Right of Way (i.e. no improvements in State or private property.) • Streetscape elements will follow Street Streetscape Design Guidelines, and design details have been developed and approved for use. • Utility relocation design will be by others. • Traffic control plans and SWPPP will be by others. • Boards will be used for the presentations (i.e. no PowerPoint presentation is anticipated. • Environmental document and clearance will be by others. Engineering Quality Assurance/Quality Control Plan MNS is committed to providing quality services to the City. Quality control is integrated into our daily processes and procedures. Quality services begin with detailed work plans and a clear understanding of the project and the City's goals. MNS ensures the principals of the firm and senior staff are involved at every stage of the project and all work products are reviewed by a qualified team member. Our detailed approach to quality assurance and quality control is somewhat specific to the type of project and department producing the product. Following is a 00 d d Y U R a - 0 ENGINEERS INC brief description of the measures and procedures we follow to ensure quality products are produced and delivered to our clients. Engineering Design Deliverables MNS engineering design deliverables that require QA/QC reviews include: • Technical Memoranda. Internal quality and constructability review of the draft technical memorandum. The TRC will conduct prior to submitting the draft to the City. • Construction Plans. Internal quality and constructability review of all submittals. The TRC will conduct prior to submitting to the City. • Specifications. Internal quality and constructability review of all submittals. The TRC will conduct prior to submitting the draft to the City. QA/QC Responsibilities • Project Manager (PM). Direct City interaction, and overall coordination and monitoring of progress and quality of work. • Principal -in -Charge. Provides quality assurance checking prior to 35%, 65%, and 95% submittals with an emphasis on ensuring the project meets design intent, looking for fatal flaws, constructability and general clarity of presentation. • Technical Review Committee (TRC). Plan, schedule, coordinate and monitor the technical review program; manage performance of draft and final plans and specifications, and submit comments to the PM. • Design Manager (DM). Responsible for the ongoing discipline coordination and QA activities applicable to his/her assigned specific project facility; distributes information to appropriate design team members. QA/QC Reviews General Procedures A program of continuous coordination and checking will be the responsibility of the TRCs and DMs throughout SECTION 1. WORK PLAN Diamond Bar Boulevard Streetscape Project I SEC1. PG 8 the duration of the project. Each TRC and DM will perform detailed internal checking of calculations, drawings, and specifications at each stage of the design. Checking. All project designs, drawings, specifications and other submittal documents are subject to routine checking procedures. This section contains additional guidelines and checklists to follow in executing the mandatory project checks prior to each submittal. QA Checklists. Each submittal from disciplines and design teams will include the QA checklist that documents completion of QA checking procedures for all steps prior to each submittal. The QA checklist is to be used by the TRCs and DMs. TRC Comments. Comments from TRC review will be forwarded to the PM. The PM will distribute the comments to the appropriate DMs and subconsultants. Specialist Reviews We will conduct reviews by utilizing appropriate senior engineers who are specialists on constructability and unique technical considerations. The PM will approve such specialists. Specialists will have sufficient information and direction necessary for conducting their review efficiently. Establishing deadlines will allow specialists to complete reviews on schedule. Additionally, each specialist will be provided the names and locations of key staff and other specialist reviewers for the purpose of addressing specific questions related to the design. Conclusions and recommendations of specialists not otherwise reported in the TRC comments will be reported to the PM and to the DM affected. Agency Reviews In the course of project development, it is necessary to review certain matters with utilities, code enforcing entities, or other agencies. The results and effects of such reviews must be documented and filed in the project records by those corresponding with the agency. :tG�7G� E N G I N E E R S I N C Project Schedule Diamond Bar BOUlevard Streetscape Project I SEC1. PG 9 CITY OF DIAMOND BAR • DIAMOND BAR BOULEVARD STREETSCAPE PROJEQ ssk Name oration taR __rRYT �' Z(t2 , a,l m16 iAiY_ . 6 �Z6/ —r— Jftgv bef _ A - fm 7ano2FT---t=rwi T 4NW�]0%TT11/19 f1]/lLl ia_L_11 1 -- -- NatimtoPmoted Iday Mon6/17/17 Man6/12/17 2 rasks -pfofe ln8latbn 94days Toe6/13/17 F010110/17 3 LI Kickoff Meeting 1 day Toe 6113/17 Toe 5/13/17 4 L20ata CoBeNon 10day: 7.6/13/17 Man 6/26/17 i 1.3UO61YC d—ion 94dayt Toe6/13/17 FA 10)2011] -- ----- --- -'- - 6 1,4 Sofvey and M4P0n9 25days Toe 6/13117 Mon 7/17/17 7 IS Geolechnkal lnveslig. 20dayf Toe 6/13/17 Man 7/10/17 1 aAT-Concept Defkn 25days Toe 7/4/17 Mon3/7/17 9 2-IC—PtM. 20days Tot 7/4/17 Mon 7/31/17 70 2.2 C.—pt EHimate of Coll 5days Toe 3/1/17 M.an3/7)17 I It fmk3-PmsenUlbns 3S days T.6/27/17 Man $114/17 32 hfofmatianal Wcfkslwp al Sdays Toe 6/27/72 Man 7/3)17 j ILJ ]3 Infcrmaluml y/ofkshcp a2 Sdays 7.]/1$717 Mn 7/24/17 ! I/® 14 City Offscial Resentalion 5days T. 8/8/17 Man8/14117 IS ask4-F1ml Design 80days 7.8/15/17 Man I414/0 16 W% Plans and Estimate 20days 1. MI5/17 M-9/11/17 17 90%PSBE 30days 7.9/12/17 N1 10123/17 18 100%ME 25days T. 10/24117 Man 11/27/17 19 Final Bid Dacament Sdayt T. 11/28/17 Man 12/4/17 20 T.A 5-P,1J RMamgement 125 days T. 6/13/17 M- 3Z14/17 21 ask 6 -Bb d Comt S.Pp It 149 days T. 12/5/17 Fd6129/18 f — — -- -- PRELIMINARY PROJECr SCHEDULE MN5 ENGINEERS, INC. SECTION 1. WORK PLAN E N G I N E E R S I N C Estimated Hours City of Diamond Bar Diamond Bar Boulevard Streetscape Project Diamond Bar Boulevard Streetscape Project MANHOUR PROPOSAL SECTION 1. WORK PLAN SEC1. PG 10 OI LLC .$ C CL N C J W o •0 N U C W Ja O lu .a CLn a o v 0' N � O In ¢ U T Z N u lr= C N L" = o F Project Initiation 1.1 Kickoff Meeting 2 2 4 1.2 Data Collection 2 4 8 14 1.3 Utility Coordination 4 8 16 28 1.4 Survey and Mapping 6 36 45 32 119 1.5 Geotechnical Investigat on 2 2 Conceptual Design 2.1 Alternative Conceptual Plans (2 Alternatives) 8 16 32 56 Street Plans 10 20 40 70 Landscape Plans, Typical Section $ Photo Shee 2 2 2.2 Preliminary Probable Cost Estimate 2 4 8 14 Presentations 12 8 8 28 Final Design 50%, 90% and 100% Plans (35 Sheets) Title Sheet (1 Sheet) 1 2 6 9 Typical Sections (1 Sheet) 2 4 8 14 Demolition/Utility Plans (3 Sheets) 8 16 32 56 Street Improvement Plans (3 Sheets) 12 24 48 84 Construction Details-Xvralk/Sidewalk (1 Sheet) 4 10 20 34 Construction Details-Stormviater (2 Sheet) 10 20 40 70 Signing and Striping Plans (3 Sheets) 8 16 32 56 Traffic Signal Plans (2 Sheets) 0 Irrigation Plans & Details 5 Sheets 0 Planting Plans & Details (4 Sheets) 0 Electrical Plans & Details (5 Sheets) 0 Draft and Final Specifications 16 24 40 Engineer's Estimate of Probable Const Cost 4 8 16 28 Final Bid Documents 2 4 8 14 Project Management Project Meetings (5) 12 6 18 Project Management 20 20 Bid and Construction Design Support Response to Bidders, Addenda & Bid Review 4 12 16 B. Pre -Bid Meeting 2 2 Response to RFIs 8 40 48 Submittal Review 8 40 48 Revievr Change Order/Design Alterations 4 8 12 As -Built Plans 4 16 #64 20 Total 167 302 338 36 45 32 926 SECTION 1. WORK PLAN SEC1. PG 10 CITY COUNCIL 6.7 Agenda #: 6.7 Meeting Date: June 20, 2017 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: AWARD THE DESIGN AND CONSTRUCTION MANAGEMENT SERVICES CONTRACT TO TAIT & ASSOCIATES, INC. FOR THE GROUNDWATER DRAINAGE IMPROVEMENTS AT THREE LOCATIONS (GOLDEN SPRINGS DRIVE AT PLATINA, BREA CANYON ROAD AT SAPPHIRE, AND CASLTE ROCK ROAD AT HIPASS) IN THE AMOUNT OF $117,515 AND AUTHORI E A CONTINGENCY AMOUNT OF $17,627 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORI ATION AMOUNT OF $135,142. Strategic Goal: RESPONSIBLE STEWARDSHIP OF PUBLIC RESOURCES RECOMMENDATION: Award. FINANCIAL IMPACT: As part of the approved FY 2017-18 Capital Improvement Program (CIP), $225,000 of General Fund and $372,576 of Measure M Fund for a total of $597,576 was budgeted for the design, construction, and project management for the Groundwater Drainage Improvements Project- Phases I and II. 1_T91 Xei ZT9111 ki I I7_1 Z 13l1] 6*9111*4 [s] ki F In August 2015, a Citywide Comprehensive Drainage Study was prepared to analyze the cause and to develop conceptual solutions for eleven (11) locations throughout the City that have been experiencing groundwater discharge onto the public sidewalk and/or roadways. The Study analyzed all eleven (11) locations and developed a priority list, preferred design scenario, and projected cost of implementing each design scenario. Each location was prioritized based on impacts to the vehicular and pedestrian activities, cost of the proposed improvements, cost of current maintenance activities, and anticipated rate of further degradation if no action is taken. On April 22, 2017 a Request for Proposal (RFP) was released in general circulation for Packet Pg. 122 6.7 the design and construction management of drainage improvements for the top three locations: No. LOCATIONS 1 Golden Springs Drive at West of Platina Drive 2 Brea Canyon Road North of Sapphire Lane 3 Hipass Drive at Castle Rock Road On May 15, 2017, three (3) proposals were received: Adams Streeter Civil Engineers $99,925.00 TAIT & Associates $117,515.00 Lockwood, Andrews & Newnam $127,750.00 A committee was assembled to review and rate the proposals. The criteria and weights by which the proposals were evaluated are as follows: • 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 It was determined that the proposal from Adams Streeter Civil Engineers did not adequately meet the scope of work of the RFP. Their proposed construction management services did not list inspection services as part of the proposal and therefore was not included in the final consideration and deemed non-responsive. The ratings for the remaining proposals are as follows: CONSULTANTS Rating Lockwood, Andrews & Newnam 79.19/100 TAIT & Associates 82.14/100 Therefore, the staff recommends Council award the Drainage Design and Construction Management Services contract to TAIT & Associates in the amount of $117,515.00 and a contingency of 15%, due to potential underground utility interference that are not Packet Pg. 123 6.7 readily identifiable, in the amount of $17,627.00 to be approved by the City Manager for Change Orders for a total authorization amount of $135,142.00. The schedule for the project is tentatively set as follows: Contract Award: Notice to Proceed Complete Plan and Specs Construction Advertisement Construction Start PREPARED BY: 7A-'WA10r-M1A'W I'llf, Jonathan u: ontract r Jetta ager 6120/2017 REVIEWED BY: imberly Young,Sffior Civil Engi r 6/1312017 Pianr"a-Ho�neyywdll, Finan irector 6/13/2017 Attachments: 1. 6.7.a Exhibit A Location Map 2. 6.7.b Consulting Services Agreement 3. 6.7.c TAIT Proposal June 20, 2017 July 1, 2017 October 2017 November 2017 First Quarter 2018 )%ad //;, W , P i W r i ector 6113/2017 Packet Pg. 124 f71 Oild t3 c7 Y ,j ZGbIden Springs Dr Platinal 9 t5 in ✓ , * . - ', Brea Cany�o'n Sap.phire -•,. 4c - � � tip` -. _ � - . - - a =; 1-iipass`Dr. @ Castle Rock Rd: 34°013&±43' Nr 117°5949.16"�,,yef� 6.7.b CONSULTING SERVICES AGREEMENT Design THIS AGREEMENT (the "Agreement") is made as of June 20, 2017 by and between the City of Diamond Bar, a municipal corporation ("City") and Tait & Associates, Inc., a California corporation ("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. David Liu, P.E., Public Works Director/City 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 June 20, 2017 and shall continue unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the 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 One Hundred Seventeen Thousand Five Hundred and Fifteen Dollars ($117,515.00) 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. Packet Pg. 126 6.7.b 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. Packet Pg. 127 6.7.b 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: Packet Pg. 128 6.7.b (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. Packet Pg. 129 6.7.b 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 Packet Pg. 130 6.7.b 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. 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, [if applicable, name of designated person] 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. [Optional] Packet Pg. 131 6.7.b 17. Non Discrimination and E ual 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. 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. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The 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. 19. 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 Packet Pg. 132 6.7.b diligently prosecute completion of the work within 90 calendar days from such date or as may otherwise be agreed to by and between the Project Manager and the Consultant. 20. 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. 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. Attorneys 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 Packet Pg. 133 6.7.b 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" TAIT Associates, Inc. City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: Attn.: David Liu, P.E. Phone: Phone: (909) 839-7041 E -Mail: E-mail: Dliu@DiamondBarCa.gov 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, represents 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. Packet Pg. 134 6.7.b IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" [Insert Full Name of Consultant] By: Printed Name: Title: By: Printed Name: Title: Approved as to form: David DeBerry, City Attorney "City" CITY OF DIAMOND BAR By: Jimmy Lin Mayor ATTEST: Tommye A. Cribbins, City Clerk *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. Packet Pg. 135 6.7.c TAIT & Associates, Inc. Drainage Improvement Design and Construction Management Services at Three Locations WORK PLAN/SCOPE OF WORK TAIT takes no exceptions to the City's proposed scope of work. Based on our review of the City's RFP, project site and existing records, the following is our proposed final scope of work for the City's design contract: PHASE 1- DESIGN SERVICES A. Project Kick -Off Meeting A design kick-off meeting with TAIT's key team members, City staff, and other affected parties, will be held at the start of the project to identify clear lines of communication and review the final scope, schedule, milestones and other project details of concern. At this meeting the project's schedule will be confirmed with the City. It is anticipated that the City will provide all pertinent record information for the existing City streets and utilities including as -built plans, record plans, CAD files and GIS files, for the project limits. TAIT will prepare a meeting agenda for initial circulation. Upon completion of the meetings, TAIT will also prepare meeting minutes for circulation, review and comments. All meeting agendas, minutes and exhibits will be filed in our project folder for final submittal to the City at the completion of the project. Deliverables: ✓ Meeting Agenda & Minutes B. Existing Records, Field Survey, and Basemapping Research of record Information from City files will be conducted to acquire existing available design records and utility information. It is anticipated that the information collected during the research phase will be used to assist in the development of the project base maps. This task also includes hours required to review the site conditions for each project location to document current field conditions and review any chances that have occurred since the date of the initial report preparation. Finally, this task includes the field survey time required to obtain topographic survey and storm drain invert data at each of the project locations. Survey will be on a temporary basis of bearing and benchmark. Deliverables: ✓ Digital Copies of Obtained Records, Field Notes, Observations, & Photos ✓ Topographic Field Survey Data C. Utility Research & Notification As part of our base scope of work, TAIT will prepare and distribute two utility notices to affected utility agencies. The first notice will be distributed at project inception and will notify the utilities of the project and will request records for only areas that the Utility foresees conflicts with. The second notice will be distributed to all present utilities at the 80% design completion stage and will include a reduced size plan for the utility's review and comment. TAIT will review all obtained record data and will coordinate with utilities that may be affected in order to obtain further design and construction requirements. All utility coordination, records and data will be compiled at the end of the project and will be submitted to the City for future reference. Deliverables: ✓ Utility Notices (1St & 2nd) TAIT Packet Pg. 136 6.7.c 140� TAIT & Associates, Inc. Drainage Improvement Design and Construction Management Services at Three Locations D. 80% Plans, Specifications, and Estimates Upon completion of the project research and Basemapping, TAIT will initiate the preparation of the 80% PS&E design package. D.1) Preliminary Desien Analvsis. Coordination. & Recommendations As an initial task for the design process, TAIT will prepare preliminary alignments and conduct initial design conflict checks in order to implement the initial design recommendations for each project area. Initial items anticipated during the preliminary design task are as follows: • Contact and verify design and submittal requirements for LACFCD connection permit • Review field conditions and determine necessary treatment flow rate at Hi -pass drive • Contact manufacturer for trench drain system and verify best product for implementation • Coordinate with City/Stakeholders regarding private improvements (Golden Springs Slope Grading) • Check record depths for utility crossings and determine if further potholing/review will be required • Prepare preliminary design alignments and submit to City for initial review and approval D.2) 80% Plans Upon completion of the preliminary design and the City's approval of the initial design concept, TAIT will initiate the preparation of the design plans. Based on our review of the RFP, the following are the anticipated plan sheets on this contract: SHEET DESCRIPTION SCALE SHEETS Title Sheet -- 1 Notes, Details, & Typical Sections -- 1 Golden Springs Drive Drainage Improvements 1" = 20' 1 Brea Canyon Cutoff Road Drainage Improvements 1" — 20' 1 Hipass Drive Drainage Improvements 1" = 20' H, 1" = 4' V 2 Drainage Connection Details 1" = 20' H, 1" = 4'V 1 Total Sheet Count -- 7 The Drainage Improvement Plans will be prepared at a 1" = 20' horizontal and 1" = 4' vertical scale (when profiles are needed). Due to the fact that an LA County Flood Connection Permit will be required on this project, the plans that require connections must be in plan and profile, or have a detail that is prepared I plan and profile for the connection per the County's formatting requirements. Stationing will be determined by roadway and existing storm drain stationing and will be depicted on the plans for connection points with elevations, and plan callouts for each construction item. Drainage improvement plans will be prepared as early as possible in order to facilitate an expedited submittal to the County for review and approval. QA/QC Prior to each submittal, TAIT will conduct a full QA/QC per our quality assurance program described at the end of this section. Upon completion of the QA/QC review, TAIT staff will incorporate the noted comments and will begin TAIT Packet Pg. 137 6.7.c i TAIT & Associates, Inc. Drainage Improvement Design and Construction Management Services at Three Locations compiling the PS&E for submittal to City. TAIT will plot, compile and deliver the noted number and format of PS&E to the City for each submittal per the RFP requirements. D.3) Project Specifications TAIT will prepare draft technical specifications for the proposed project based on the City boilerplate specifications. Each work item will have a clear measurement and payment clause in order to avoid costly change orders during the construction phase. Specifications will also include clear delineation of the traffic control requirements and parameters as well as coordination requirements with utilities. Finally, the project specifications will be reviewed by the QA/QC Manager prior to each submittal per the quality assurance program. DA) Engineer's Cost Estimate TAIT will prepare an updated engineer's cost estimate at the 80% PS&E submittal stage for City review and input. Unit prices will be checked against recent City of Diamond Bar projects. Work items will be prepared to correlate with the preliminary specifications, and will include all work items including mobilization, storm water compliance, traffic control, and striping. The cost estimate will be reviewed by the QA/QC Manager prior to each submittal per the quality assurance program. Deliverables: ✓ 80% PS&E E. LA County Flood Control District Connection Permits TAIT will initiate contact with LA County Flood at the inception of the project. During the 80% PS&E Phase, TAIT will prepare the connection permit application form and will submit the connection permit to the County for review & approval. This task includes the necessary hours to prepare the required forms, compile and submit the previously noted plans, and revise/resubmit the plans to the County based on received comments. The preparation of a Hydrology Study and a Water Quality Management Plan are not included and assumed to not be required for this Connection Permit due to the fact that hydrology/hydraulics are not being revised. Deliverables: ✓ LA County Flood Connection Permit Package F. 100% Plans, Specifications, & Estimate Upon the City's completion of the 80% PS&E review, TAIT will schedule a final plan check meeting with City staff to review plan check comments, discuss the project status, and review the project schedule. At this meeting, all final plan check comments will be addressed and any additional details, stakeholder comments, and other final closeout items will be discussed. Upon completion of the meeting, TAIT will actively pursue the completion and final submittal of the 100% Bid PS&E. Deliverables: ✓ 100% PS&E G. Bid & Construction Assistance Upon approval of the PS&E and issuance of the Bid documents, TAIT will provide support to the City during the entirety of bidding phase. TAIT will actively respond to any received RFIs, and will provide necessary support to City staff to provide any additional material that may be required. 111 TAIT a4 Packet Pg. 138 6.7.c 1 1", I ' ' TAIT & Associates, Inc. fu Drainage Improvement Design and Construction Management Services at Three Locations Deliverables: ✓ Response to RFIs (Assumes 4 max) H. Design Project Management & Meetings This work item includes all project management, project meeting, coordination, and administrative hours for this contract. As part of our base scope, in addition to the design kickoff and site visit meeting, TAIT has assumed one additional project meeting to be held at City Hall during the life of the design phase. All other meetings and correspondence will be via phone or go -to meeting conferences to review project material. Deliverables: ✓ Meeting Agendas & Minutes PHASE 2 - CONSTRUCTION ADMINISTRATION/INSPECTION SERVICES A. Construction Kickoff Meeting Upon completion of the bidding phase, Tait will initiate the construction phase work items for this contract. After the award of the construction contract, and prior to the pre -construction meeting, TAIT will schedule a meeting with City staff to discuss the construction phase and to align our team to the City's desired project schedule and intentions. TAIT's construction manager and construction inspector will be present at this meeting. Items of discussion at this meeting will include review of the Contractor's bid, review of the desired project schedule, discussion of critical work items, and identification of construction phase contact lists for the City and TAIT team members. Upon completion of the construction coordination meeting, TAIT will schedule the pre -construction meeting described below. B. Pre -Construction Meeting & Coordination The next item of work will be to schedule and coordinate the pre -construction meeting with the contractor, City, Utilities and Stakeholder. TAIT will be responsible for preparing the meeting agenda, chairing the meeting and preparing and distributing the meeting minutes. In addition to scheduling the preconstruction meeting, TAIT will coordinate with known utilities and the contractor to ensure that all necessary information is being transmitted to the appropriate parties. Deliverables: ✓ Meeting Agenda & Minutes C. Submittal & Schedule Review TAIT will work closely with the selected contractor to encourage early submittal of all construction submittals in order to aid in the timely start of the construction contract. TAIT will review, stamp and distribute all submittals provided by the contractor and will ensure that all items installed in the field have been reviewed prior to installation. TAIT will also be responsible for reviewing the contractor proposed schedule and phasing operations to ensure they are in compliance with the project specification requirements. This work item also includes the hours necessary for our construction inspector to review the contract documents and prepare all necessary field binders. It is critical that the inspector be fully aware of the contract requirements on public contracts in order to ensure that the project is a success. Deliverables: TAIT Packet Pg. 139 6.7.c i I I Ix. TAIT & Associates, Inc. Drainage Improvement Design and Construction Management Services at Three Locations ✓ Signed & Stamped Construction Submittals D. Construction Management & Inspection Services This proposal assumes a total of 30 working days forthe construction working days on this contract. Our proposed scope of work has assumed a full time inspector at 8 hours per day and a part time construction manager at 2 hours per day. TAIT will only bill the actual hours incurred for the construction management services. Our construction management & inspection services scope includes, but is not limited to the following items: Monument Preservation: It is our policy that no physical construction work is allowed on any of our jobs until the monument preservations has been conducted and verified by the Construction Manager. TAIT will coordinate with the Contractor to ensure that their surveyor conducts an adequate monument research and tie out prior to the start of construction. All observed monuments will be tied out and corner records will be filed at the County recorder's office. Upon construction completion, all demolished monuments will be re -set and a new corner record will be filed at the county recorder's office. All monument preservation documentation will be included in the construction binder for the City's records. Construction Management TAIT will provide construction management services during the life of this contract. Our construction manager will be available 24/7 to the City and Contractor to ensure that the construction of this project proceeds smoothly. The construction manager will be responsible for reviewing the inspector's daily construction report, reviewing construction submittals and RFI's, coordinating with the Contractor regarding construction scheduling, reviewing and approving progress payments, reviewing and filing labor compliance documentation, and corresponding with any residents or stakeholders during the life of the contract. Construction Inspection Tait will provide full time construction inspection services during the life of this contract. Our inspector will keep a close eye on the working hours, traffic control, construction phasing, and material and will actively coordinate with the materials lab to ensure adequate testing is enacted throughout the life of the contract. The inspector will compile a daily construction log and photo log for each day's work and will provide signed copies of each day's report to the City. The daily inspection log will include the date, weather and wind conditions for the day's work, the names of all construction workers on the project site, total hours worked on a daily basis for each employee, the identification of each piece of equipment on the project site for each work day, and a diary of the construction activities noted on site for the day's work. Public Coordination: This project has the potential to garner questions and concerns from the public. Our construction manager will provide his cell phone number to the City and the field crew in order to ensure that he is always available to answer questions and keep the project moving. Review & Respond to RFIs: Our construction manager will be responsible for documenting, reviewing, and responding to all RFIs received from the contractor during the life of the construction project. Tait will document and respond to all RFIs on an accelerated basis in order to ensure that the construction project remains on schedule. All responses will be TAIT Packet Pg. 140 6.7.c i TAIT & Associates, Inc. Drainage Improvement Design and Construction Management Services at Three Locations forwarded to the City prior to distribution to verify the information and ensure the response is in line with the City's intent on the contract. Change Orders: It is our goal to avoid change orders. We accomplish this through effective communication with the contractor, reviewing the contract documents with the contractor in advance of the work to construction in order to anticipate potential problem areas, and being willing to work with the contractor in order to create a team building atmosphere on the project site. If a change order is deemed necessary, Tait will prepare a cost estimate and change order documentation for the City's review. No additional work will be authorized prior to the approval of the City's project manager. Progress Payments: TAIT will review and provide backup for each of the progress payments on this contract. Prior to submittal of the progress payment, the Contractor will review the quantities with the construction inspector in order to ensure the progress payment is accurate and acceptable. Based on the construction duration, it is anticipated that two progress payments (#1 & Final) will be needed on this contract. Each progress payment will include the contractor original invoice along with a spread sheet prepared by Tait calculating and verifying the quantities, unit prices and total cost of the invoice. All progress payments will be signed by the construction manager and forwarded to the City for review and processing. Labor Compliance Another key duty of the construction management phase will be the documentation and filing of the required labor compliance documentation. Tait will coordinate with the Contractor labor compliance officer in order to obtain the fringe benefit statements and certified payrolls for each of the employees on site. The payrolls will be compared to the daily inspection logs to ensure that the number of and names of the employees on site correlate with the field conditions. TAIT will compile all labor compliance documentation in the construction binder and will submit all documents to the City at the completion of the project. Construction Punch List TAIT will compile an ongoing list of punch list items during the life of the contract. It is our goal to ensure these items get taken care of during the course of the contract so that there is not a long list of punch list items remaining at the end of the contract. Tait will work closely with the contractor to ensure that as many of the punch list items are taken care of prior to compilation of the final punch list. Upon completion of the construction project, Tait will conduct a final construction job walk to review and add any miscellaneous items to the punch list for the contractor action. TAIT will also request City input on the final punch list in order to ensure all work items are captured in this list. Upon completion of all punch list items, TAIT will schedule a punch list walk with the City and Contractor to field review and verify the completion of the punch list items. Deliverables: ✓ Construction Correspondence Records, Daily Inspection Logs and Photo Logs, Response to RFIs, Contract Change Orders, Signed and Reviewed Progress Payments, & Labor Compliance Documentation E. Construction Closeout Documentation Upon completion of the construction contract, TAIT will work with the contractor to obtain the final progress payment and all outstanding labor compliance documentation. All final construction documents and records will TAIT Packet Pg. 141 6.7.c i TAIT & Associates, Inc. Drainage Improvement Design and Construction Management Services at Three Locations be compiled in construction binders and will be submitted to the City for their records and keeping. TAIT's contract will be complete upon the acceptance of the final construction binder and the filing of the notice of completion by City staff. Deliverables: ✓ Field Red -Line Documentation ALTERNATE WORK ITEMS A. RWQCB De Minimis Permit Should it be required, upon completion and approval of the Drainage Improvement Plans and once the County has reviewed and commented on the initial connection permit improvement plans, TAIT will prepare and submit the required De Minimis Permit application to the RWQCB. This task includes the hours necessary to prepare and form/exhibits and submit the package to the board. It is assumed that the City will issue a check for the required permit fees for the RWQCB Permit. This task assumes that the preparation of a Water Quality Management Plan and further studies for soil contaminants are not required. B. Design Phase Geotechnical Consulutation As an optional item, TAIT has provided a time and material budget for the City to consult with the original geotechnical engineer, Leighton Consulting, regarding the initial report and design recommendations. This task includes a visual field observation by the Geotechnical engineer to verify field conditions, and to provide any further design recommendations or comments during the design phase. This task also includes a review of the 80% design plan set by the geotechnical engineer in order to obtain further comments on the design. C. Materials Testing & Inspection Limited construction material testing will be required during the construction phase in order to verify adequacy of construction materials and provide limited field material testing for subgrade and trench sections. TAIT has selected Leighton Consulting to provide the necessary construction materials testing and inspection services. The estimated alternate fee for construction material testing includes: • 10 —% Day Field Material Inspection/Testing with Report (Subgrade, Base, AC Compaction) • 3 Subgrade Material Samples and Tests, 1 Base Material Sample & Test, & 2 AC Paving Material Sample & Tests (Base & Finished AC Paving) This task will be billed based on actual construction duration/needs, and will be coordinated through City staff to ensure concurrence of the level of testing and costs for the project. D. As-Builts & Construction Closeout Documentation Should the City elect to include it, upon completion of the construction contract the contractor's As -Built red lines will be combined with the TAIT inspector's red lines and a final As -Built plan set will be drafted and generated by the TAIT design team. All final construction documents and records will be compiled in construction binders and will be submitted to the City for their records and keeping. TAIT's contract will be complete upon the acceptance of the final construction binder and the filing of the notice of completion by City staff. TAIT Packet Pg. 142 6.7.c TAIT & Associates, Inc. Drainage Improvement Design and Construction Management Services at Three Locations Quality Assurance/ Quality Control Program An important feature of our design process is our Quality Assurance/Quality Control (QA/QC) Program. Mr. Todd Schmieder, P.E. will oversee TAIT's QA/QC Program for this project. TAIT's QA/QC Program focuses on the following four primary objectives: • To ensure that a quality design has been provided by following our in-house design checklists • To verify that different disciplines and agencies have been coordinated • To verify that the proposed improvements are constructible, and • To verify that a cost effective analysis approach was followed to achieve the client's specific project goals and objectives. TAIT utilizes a Total Quality Management approach. TAIT's philosophy is that quality control begins at day one and does not end until the project is constructed. Quality Control is the responsibility of each and every team member. It includes the selection of project team members who have demonstrated through experience the ability to understand and apply the project objectives to achieve a specific goal. It requires open and continuous communications between all team members and the client. TAIT has developed internal design checklists. Design checklists are used by our design team as a component of our firm's QC process. Timely Quality Control Reviews are provided. Before plans are submitted to outside parties and the approving agency/agencies for review and approval, TAIT's QA/QC Manager or his designated QC team member conducts a thorough review to verify the quality, constructability and completeness of the submittal. A typical TAIT QA/QC Program includes the following steps: • Project Manager (PM) Transmits Design Documents to the QA/QC Manager - The PM initiates the QC process at agreed upon project milestones • QA/QC Manager conducts initial review - The QA/QC Manager reviews the submittal with the PM to obtain project specific information and conducts a limited review on the completeness of the submittal. • Review of the Submittal —The submittal is reviewed usingTAIT's internal checklists. Necessary corrections are identified on the submittal which is returned to the PM. • PM to Addresses QC Comments - The QA/QC Manager and PM review the QC comments to set a course of action. Any proposed Value Engineering (VE) measures are reviewed to determine the appropriate next step (i.e.: implement the VE measure, review the VE measure with the City, or conduct additional analysis to determine the feasibility and potential cost savings). The reviewed submitted is then returned to the design team. PM finalizes Design Documents for Submittal to the Agency - The PM meets with the design team to monitor progress and verify incorporation of the QC comments into the design documents. Any deviation from the QC comment or the agreed upon action is reviewed for acceptance prior to transmitting the final design documents to the City and other reviewing parties for their review and approval. TAIT Packet Pg. 143 6.7.c I . I I `I • TAIT & Associates Inc. Drainage Improvement Design and Construction Management Services at Three Locations D. PROJECT SCHEDULING Per the RFP, it is the City's intention to complete the design of this project by August, 2017. Design completion by this deadline will not be a concern, however, obtaining permits and ensuring private resident responsibilities are taken care of prior to this date may pose a problem if review/response times are extended. TAIT will work closely with City staff to expedite all tasks in order to allow the earliest possible construction date. Highlights/notes for the project schedule are as follows: 1D Task Name DurationStart Finish Jun Qtr % 2017f i it I Au Se , Qtr 4, 2017 {sut Nov DeL 1 City Issues NTP 0 days Design Phase so days Design IClckoff Meoting & Initlal 1 day Site Walk Obtain & Review Existing Records 5 days send Utility Notices 0days TopgraphlcSurvey & 8asemapping S days Design Analysis & 5 days Recommendations Subm it Initial Recommendations 0days (30% Design concept) Prepare 80% P5&E 15 days Submit 80% PS&E 0 days City Review 809E P5& E 14 days Prepare 10096 P58E 10 days Subr°nit 100% PS&E 0 dayrs LACFCD Permitting 85 days Prepare & Subm it LACFCD 10 days Connection Permit Package LACFCI? Review 20 days Coordiante LACFCD Revisions 5 days Construction Phase (Assumed} 90 days Project A,duertizin& Bid & Award 30 days Phase Preconstruction Meeting 0dayrs Submittal & Schedule Review 10 days Issue Construction NTP 0 days Construction Phase 30 days Golden Springs 20 days Brea Canyon 5 days Hipass 20 days Punch List Walk Through 1 day Construction Closeout 20 days Mon 6/5/17 Morn $15/11 Mort 6/12/17 Mon 6/5117 Fry 619/17 Mon 6/12/17 Mon 6/19/17 Fri 6/.23/17 Man 6/26/17 Fri 7/14/17 Man 7/17/17 Mon 7/31/17 Fri 8/11/17 Mon 6/26/17 Mon 6/26/17 Mon, 7/10/17 Mon 8/7/17 Man 8/14/17 Mon 8/14/17 Fri 9/22/17 Mon 9/25/17 Mon 10/9/17 Man 10/9117 Mon 10/9/17 Mon 10/16/17 Mon 10/23/17 Fri 11/17/17 Mon 11/30/17 Mor- 6/5/17 Fri 5/1.1/17 Man 6/12/17 Fri 6/9/17 Fri 619/27 Fri 6/16/17 Fri 6/23117 Fri 6/23/17 Fri 71114/17 Fri 7/14117 Fri 7/28/17 Fri 8111/17 Fri 8/11/17 Frf 8/11/17 Fri 7/7117 Fri 8/4/17 Fri 8/11/17 Fri 12/15/17 Fri 9/22117 Fri 9/22/17 Fri 10/6117 Mon 10/9/1.7 Fri 13117/17 Fri 1113/17 Fri 10/20/17 Fri 11/17/17 Fri 11/17/17 Fri 17/15/17 6 6/5 6/9' 6}23 �7/14 � 8/11 F 'r 11 ,) 9/.22 0, p 4- 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 14 24 21 22 23 24 25 26 27 28 TAIT Packet Pg. 144 DLI HOW BM E. RESOURCE REQUIREMENTS TAIT & Associates, Inc. Drainage Improvement Design and Construction Management Services at Three Locations Per the RFP requirements, the following table has been prepared to present the resource requirements that have been anticipated for this project. BILLING RATES 1 195 195 1 150 105 280 85 WORK TASK PM/ QA/QC Pro . Eng./ Designer 2 Man Admin ITEM TOTALS HOURS TASK CM Manager Inspector I Survey 1) DESIGN SERVICES Project Kick Off Meeting A --------------------------------------------------------- 4 ----- ---- 4 ---------1----------------- -------------- 8 _ Field Survey, & Basemapping____________________________________ _______ B --------- ------------- ------------------------- 4 0 16 28 16 0 64 _ Records Research &Compilation B.1 - - Records - ------------------------------------------------------------------------------------------------------- 1 - 4 ---- --- 4 -- — 9 ---------------------- Design Field Walk, Topographic Survey, and Basemapping B.2 ------------------------------------------------------------------------------------------- 3 ------ 12 ------ -------- 24 16 55 Utility Research and Notification -----------------------------C ------------ -- 4 ----------- 16 ---------------- 2 22 -- 80% Plans, Specifications, & Estimates D ---------- 8 ---------------- 6 ---------------- 58 ---------------- 108 ----------------- 0 ---------------- 4 ----------------- 184 ------------------------- Preliminary Design Analysis, Coordination, & Recommendations D.1 ---------------------------------------------------21 ----- 2 --------- —2 2 ------------ 16 ----------- 40 ------------ ----------- --------------- 60 Plans D.2 --------------------------------------------------------------------------------------------------------------------------------------- 3 --------------- 2 ------------ 24 --------------- 60 --------------- ----------- --------------- 89 -------------------------- 80% Specifications D.3 ---------------------------------------------------------------------------------------------------------------------------------------- 2 ---------------- 1 ----------------- 16 ---------------- ---------------- ---------------- 4 ------------ 23 -------------------------- _QO Estimate DA 1 1 2 8 12 LACFCDConnection Permits--------- --------------------------------------------------------------------------------- ---------------- ----------------- ---------------- ----------------- ---------------- ---------------- ---------------------- 100% Plans, Specifications, & Estimate F ------------------------------------------------------------------------------------------------------------------------------------- 2 --------------- - 1 --------------- 16 --------------- 24 ---------------------------------------------------- 43 ----------------------- Bid & Construction Assistance G ---- - 8 4 ---- ---- ---------------I --- 12 Design Project Management & Meetings H 16 8 8 32 SUBTOTAL 44 r 7 r 118 r 208 161 141 407 2) CONSTRUCTION ADMINISTRATION/INSPECTION SERVICES Construction Kickoff Meeting A ---------------------------------------------------------------------------------------------------------------------------------------------------------- 4 -- ----------------- 4 ---------------- ----------------- ---------------- ----------------- 8 -------------------------- Pre Construction Meeting----------------------------------------------8------ ----------------------------------------------------------------------------- --------------4 ---------- ------ 4 ---------------- ----------------- ---------------- ---------------- 8 -------------------------- Submittal & Schedule -Review--------------------- C ---------------------------------------------------------------------------- 16 --- ----------------- ----- 4 --------------- ---------------- ---------------- ------ 20 Construction Management & Inspection Services D 60 240 10 310 Construction Closeout Documentation E 12 12 4 28 SUBTOTAL 1 961 01 264 1 01 01 141 374 3) ALTERNATE WORK ITEMS RWOCB De Minimis Permit A 2 8 16 26 Design Phase Geotechnical Consultation B 0 Construction Materials Testing & Inspection C 0 As Built Plans D 2 4 12 18 SUBTOTAL 4 0 12 28 0 0 44 I TAIT 6.7.c F Packet Pg. 145 6.7.c TAIT & Associates, Inc. Drainage Improvement Design and Construction Management Services at Three Locations F. FEE SCHEDULE A Not to Exceed (NTE) fee proposal has been included in a sealed envelope containing the cost/hour breakdown of each work item. The cost proposal is based on the scope presented in this contact and includes all work items requested by the City. G. AGREEMENT Per RFP requirements, a signed copy of Exhibit C has been included in Appendix B of this proposal. .One minor clarification to section 12 of the Agreement has been suggested and included in the attached signed agreement. Please review the suggested addition and provide us with comment on whether this is acceptable to the City. H. INSURANCE Per RFP requirements, TAIT certifies that it has in place the required insurance coverage per the City's contract requirements and will provide all insurance documentation upon notification of award for this contract. I. REFERENCES City of Lake Forest City of Newport Beach Doug Erdman, PE Mr. Frank Tran, PE (949) 282-5233 (949) 644-3340 25550 Commercentre Drive 100 Civic Center Dr. Lake Forest, CA 92630 Newport Beach, CA 92660 County of Orange — OC Facilities Division Mr. Steve Johsz (714) 567-7742 1152 E. Fruit Street, Blvd. 1 Santa Ana, CA 92701 City of Tustin Mr. Doug Stack, PE (714) 573-3163 300 Centennial Way, Tustin, CA 92780 City of Garden Grove Mr. Bill Murray, PE (714) 741-5379 11222 Acacia Pkwy, Garden Grove, CA 92840 Orange County Transportation Authority Ms. Lora Cross (714) 560-5788 600 South Main Street Orange, CA 92868 TAIT Packet Pg. 146 CITY COUNCIL 6.8 Agenda #: 6.8 Meeting Date: June 20, 2017 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Managers { TITLE: APPROVE E TENSION OF CONTRACT AGREEMENT WITH MCE CORPORATION FOR STREET MAINTENANCE SERVICES FOR A TOTAL NOT TO E CEED AMOUNT OF $165,600.73 FOR FISCAL YEAR 2017 2018 RECOMMENDATION: Approve. FINANCIAL IMPACT: The approved FY 17-18 Public Works Road Maintenance Budget has an amount of $1,255,000 for a variety of contract maintenance services such as roads, sidewalks, traffic signals, street sweeping, vegetation control, storm drains, and right-of-way maintenance. Each fiscal year prior to the submittal of the proposed Public Works budget to the Council, MCE Corporation (MCE) submits a detailed, proposed work order program for the fiscal year along with estimated costs for the individual services in each of the work categories. The approved Public Works maintenance budget for 2017-18 is adequate for the estimated expenditure total of $165,600.73 proposed by MCE. BACKGROUND/DISCUSSION: In June 2014, Council extended the street maintenance contract to MCE for a three- year period beginning July 1, 2014 through June 30, 2017 with a provision to award a contract extension upon successful demonstration of exemplary contract performance. The MCE crew consists of one (1) lead worker and one (1) field worker. Our Public Works Street Maintenance Superintendent, Jorge Garcia, manages the contract and meets on a daily basis with the MCE lead worker to discuss work progress and plan activities. The overall scope of work includes Road Maintenance, Right -of -Way Maintenance, Storm Drain Maintenance, and Vegetation Control. Historically, MCE has provided these services to the City that are unique and specific to our needs. Each year, staff Packet Pg. 147 discusses with MCE the projected activities for the upcoming fiscal year. MCE then submits a proposed cost proposal/budget to be included in the City's fiscal year budget. MCE proposed a 2.4% rate increase on labor only. Equipment and material rates will remain the same. The service provided by MCE has been exemplary for the last seventeen years. Staff recommends that the Council approve the extension of one year to the agreement with MCE Corporation for Street Maintenance Services. UV =1:7_\V 411 YF AAA&A,e, AY".,;, M ZAW I I arc Hi ar'io, inis ra ive Coordinator 6l20/2017 ?12 idi , P i W r i ector 6114/2017 anna aneywell, 'Finan Director 6114/2017 Attachments: 1. 6.8.a AGREEMENT AMENDMENT NO. 5 2. 6.8.b Exhibit "A" - Original Contract dated June 20, 2000 3. 6.8.c Exhibit "B" - MCE Request for Extension - Dated 6-20-17 4. 6.8.d Work Order Program Summary and Estimated Cost 6.8 Packet Pg. 148 6.8.a AMENDMENT NO. 5 TO THE STREET MAINTENANCE SERVICES AGREEMENT This Amendment No. 5 to the Agreement is made and entered into this 20'" day of June, 2017, between the CITY OF DIAMOND BAR, A Municipal Corporation (hereinafter referred to as "CITY") and MCE CORPORATION (hereinafter referred to as "CONTRACTOR"). A. RECITALS. (i) The CITY has heretofore entered into an Agreement with CONTRACTOR to provide Street Maintenance Services, which the Agreement was dated June 20, 2000. (ii) The CONTRACTOR submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide street maintenance services. (iii) The CONTRACTOR submitted a request for extension of the contract, a full, true and correct copy of which is attached hereto as Exhibit "B" to provide street maintenance services. NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR: Section 1: Scope of Services of the Agreement is hereby amended to read as follows: Scope of Services. The nature and scope of the specific services to be performed by CONTRACTOR are as described in Exhibit "A" dated June 20, 2000. CONTRACTOR shall begin its services under this Agreement on July 1, 2017. Section 5: Compensation of the Agreement is hereby amended to read as follows: Compensation. CITY agrees to compensate CONTRACTOR for each service which CONTRACTOR performs to the satisfaction of CITY in compliance with the schedules set forth in Exhibits "A" and "B". Payment will be made only after submission of proper invoices in the form specified by CITY. Section 9: Termination of Agreement is hereby amended to read as follows: Termination of Agreement. This Agreement No. 5 will terminate une 30, 2018 unless otherwise extended in advance and in writing by the City Manager. Packet Pg. 149 6.8.a Each party to this Amendment No. 5 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 5 shall be valid and binding. Any modification of this Amendment No. 5 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement No. 5 as of the day and year first set forth above: ATTEST: in Tommye Cribbins, City Clerk APPROVED AS TO FORM AO - CITY OF DIAMOND BAR Jimmy Lin, Mayor MCE CORPORATION City Attorney Steve Loweree, Vice President Packet Pg. 150 6.8.b �Ct6 iT `A '' STREET MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT is made as of June 20. 2000 by and between the City of Diamond Bar, a municipal corporation ("City") and MCE Cooration ("Contractor"). RECITALS j A. City desires to utilize the services of Contractor as an independent contractor to providd street maintenance services to Citv as set forth in Exhibit "A" - City's Rcquest for Proposal, including 411 it's appendices. B. Contractor represents that it is fully qualified to perform such street maintenance services by virtue of its experience, licensing and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and can +tions herein contained, the parties hereto agree as follows: 1. Contractor's Services.. j A. Scope of Services. The nature and scope of the specific services to be pert rmcd by Contractor are as described in Exhibit "A" and Exhibit "B" — Contractor's Proposal, including) Work program for Fiscal Year 2000-2001 (to be annually determined by the City). B. Level of Services/Timc of Performance. The level of and time of the 4ecific services to be perfonned by Contractor are as set forth in Exhibits "A" and "B." ! I C. Additional or Other Services. Any propose changes in the work to be per ormed under this Agreement shall be made only by written amendment to this Agreement. Contractor is not authorized to undertake any work which would result in costs, expenses, or fees in excess of the costs contained in Exhibit "A" without the express written approval of the City Manager. Should the City require the Contractor to provide additional services beyond the Scope of Work described in Exhib It "A", for services not specifically described therein, the rates and quantities shall be negotiated betty' en the City and Contractor. 2. Term of Agreement. This Contract shall take effect July I, 2000, and shall cdntinue until June 30, 2005, with the option, at the City*s sole discretion, to award multiple gears upon sue' cssful demonstration of exemplary contract performance, unless earlier terminated pursuant to the prollisions herein. However, this contract will be subject to annual revie\\-s prior to commencement of work or the following year. This review will evaluate work performed and level of service provided. Renewal is at the City's discretion 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedules set forth in Exhibit "A", Exhibit "B" , and Exhibit "C". 4. General Terms and Conditions. In the event of any inconsistency betwen the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall cont ol: a) Time is of the Essence — Contractor agrees to perform the services and deliver th work products provided for herein in strict accordance. with any schedules set forth by th Citv. Page I Packet Pg. 151 1 b) License: Standard of Care — Contractor represents and agrees that all personnel engaged by the Contractor in performing the services are and shall be filly qualified and are authorized or permitted under Federal, State:, and local law to perform such services. Contractor represents and warrants to the City that it has all licenses, p4rnlits. qualifications, and approvals required to provide the services and work required! to be performed by this Agreement. (i) Contractor further represents and warrants that it shall keep in effect A such licenses, permits, and other approvals during the term of this Agre6ment. Notwithstanding any other provision of this Agreement, Contractor shall have in fi.tll force and effect on or before July 1, 2000 and maintain in effect duripgithe term of this Agreement, a Class A License (General Engineering Contrpctbr). Contractor shall perform the services under this Agreement in a skillful and competent manner and in the manner and according to the standards observed by a competent practitioner of the work in which Contractor is engaged. (ii) Services provided to The City pursuant to this Agreement shall be provided in a first class and workmanlike manner conforming to the standards of quality normally provided in the field. The contractor shall be responsible to the dity,for any errors or omissions in the performance of work pursuant to this Agreement. Should any errors caused by the Contractor be found in such services or products, Contractor shall correct the errors at no additional charge to the City by redoing the work and/or revising the work product(s) called for in the Scope of Work to eliminate the errors. c) Subcontracting Subject to Approval — Contractor may not subcontract any portion of the work to other persons or contractors unless expressed Nwritten approval from the City is received. d) Administration — This Agreement will be administered by the City Manager or his designee. The City Manager or his designee shall be considered the Pro'ect Administrator and shall have the authority to act for the City under this Agreement. he City Manager or his designee shall represent the City in all matters pertalmng'to'the services to be rendered pursuant to this Agreement. e) Progress — Contractor is responsible to keep the City Manager and/or his duly authorized designee informed on a regular basis regarding the status and progress of the' work, activities performed and planned, and any meetings that have been scheduled lor'are desired. f) The City's Rights to Employ Other Contractors " The City reserves the right to cnioloy other contractors in connection with the subject matter of the Scope. of Work.' It is understood by the City that the rights reserved by this paragraph pertain to th,✓ City aggregating various street maintenance and repair work. such as street paving, inito one project and separately bidding and awarding a contract for that project. g) Contractor's Records — Contractor shall keep records and invoices in connection N ith its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. Alp such records shall be clearly identifiable. Contractor shall allow a representative of tl>e (ity during normal business hours to examine, audit; and make transcripts or copies df s.6ch records. Contractor shall allovy inspection of all work. data. documents, proccedinis, and Page Packet Pg. 152 6.8.b officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provi ion is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indeninitees and shall operate to fully indemnify Indemnitees against any such negligence. 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. Payment is not required as a condition precedent to an Inderr nitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee s fall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Contractor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encomp ss' (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agree leilit is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the invited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is e ec{ ive without reference to. the existence or applicability of any insurance coverages which may lnav been required under the Agreement or any additional insured endorsements which may extend to indenlnitebs. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all ri =hth 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 of on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive neglig ncQ by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Contractor, tiled all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9., Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, N-vith. an insurance company admitted to do busm ess in California and approved by the City (1) a policy or policies of broad-fonll comprehensive general 1 ablility insurance with minimum limits of $1,000,000,00 combined single limit coverage against any injlury, death, loss or damage as a result of wrongful or negligent acts by Contractor. its officers, erne o"iecs. agents, and independent contractors in performance of services tinder this Agreement: (2) p o0crty damage insurance with a minimum limit of `61.000.000.00: (3) automotive liability insuranc with minimum combined single limits coverage of $1;000,000.00: and (4) worker's Compensation in ur�ncc with a minimum limit of $1,000,000.00 or the amount required by lacy, whichever is greater.City' its officers, employees; attorneys, and volunteers shall be na►ned as additional insureds on the policy ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ics) as to comprehensive general liability, property damage, automobile liability, and professional liability Ahall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be 4on- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insu reds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written th notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modifi, the in urhnce coverage. B. Contractor agrees that if it does not keep the insurance in full force andl ef%ct, and such insurance is available at a reasonable cost, City may take out tile necessary ecessary insurance I nd!pay Page I Packet Pg. 153 1 6.8.b the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. C. Contractor shall submit to City (1) insurance certificates indicating can liance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other mininlunn insurance requirements above, not les that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Contractor in the course of its duties may have access to confi ential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of !this Agreement are deemed confidential and shall not be disclosed by Contractor 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. Contractor's covenant under this sectio shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acqu re!any interest, director or indirect, which may be atTcetcd by the services to be performed by Contracto ujider this Agreement, or which would conflict in any manner with tine performance of its services her. u►,der. Contractor further covenants that, in performance of this Agreement. no person having any such nt6rest. shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interesi which would conflict in any manner with the performance of its services pursuant to this Agreement. Hurther, the Contractor or its employees may be subject to the provisions of the California Political Reform Aet of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may forsec bH be materially affected by the work performed under this Agreement, and (2) prohibits such perso s from making, or participating in making, decisions that will forsecably financially affected such interest[ If subject to the Act, the Contractor shall conform to all requirements of the Act. Failure to d6 so constitutes a material breach and is grounds for termination of this Agreement by the City. B. Contractor covenants not to give or receive an}" compensation, mono art- or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the perfo m4nce of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon thi y 00) days written notice to Contractor. Tine effective date of termination shall be upon the date specified ill the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following clip/cry of the notice. In the event of such termination, City agrees to pay Conti -actor for services satisfactorily completed and approved prior to the effective date of termination. Immediately upon receiving wr.itten notice of termination. Contractor shall discontinue performing services. Contractor may terminate this Agreement, or tiny program or service provided her�u►)der, at least ninety (90) days in advance of such termination. If this Agreement is terminated lbye the Page I Packet Pg. 154 1 Contractor, the Contractor shall be compensated for services satisfactorily completed and approved prior to the effective date of termination. A. Breach of Agreement — If the Contractor defaults in the performance of any of the ternis or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without rther notice and without prejudice to any other remedy to which it may be entitled by law, in equity, or under this Agreement. The failure of the City to object to any default in the performance of the teri ns and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement. B. Mediation — Any dispute or controversy arising under this Agreement or in connection with any of the terms and conditions hereof; shall be referred by the parties her to! for mediation. A third party, neutral mediation services shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the pa ies are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and tine Cit- Council's decision shalt be final. The parties a grde to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediatio i. :It is specifically understood and agreed by the parties hereto that referral of any such dispute or contr vc rsy, and mutual good faith efforts to resolve the same thereby. shall be conditions precedent to the ins ittltion of any action or proceeding, whether at law or in equit., with respect to any such dispute or controvIersNC. 14. Provision of Personnel, Instruments and Office Space. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services un er this Agreement. All of the services required under this Agreement will be performed by Contractor or UPder it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the perform nde of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services oil City's premises. A. Contractor shall provide a person designated as the Lead Worker/Foreman psirt of the Two-man Crew to assume the responsibility for the day to day work. performing miscellaneot s street maintenance and repair activities and act raider the direction of the City. B. Contractor shall provide office space. furniture, telephone, and &IpplicS (including but not limited to all necessary materials such as tack, asphalt, concrete, delineators, barricades, brooms, shovels, tampers, etc. required to perform the services under this Agrecme it): at a location or work site within the corporate boundaries of the City of Diamond Bar for tile street maintenance related work. The office shall be accessible to the City. C. Contractor shall make every reasonable effort to maintain the stability and continuity of their staff assigned to perform the services required by this Agreement. Contractor ishall maintain a constant supply of the required materials and tools to perform the services under. this Agreement. 15. Financial Condition. Prior to entering into this Agreement, Contractor has s brrlitted documentation acceptable to the City Manager, establishing that it is financially solvent, such th t it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) dat s df the Page Packet Pg. 155 first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Contractor shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Contractor is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager s!iall be returned to Contractor after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Contractor 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 recr itilient advertising; layoff or termination; rates of pay or other forms of compensation; and selection for t ainling, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees place by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified ap lidants will receive consideration for employment without regard to race, color, creed, religion, sex, malrital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sckual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subs nttacts for any work covered by this Agreement except contracts or subcontracts for standard com mcicial supplies or raw materials. 17. Assignment. Contractor shall not assign or transfer any interest in this Agreement. nor the performance of any of Contractor's obligations hereunder. without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties. or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. This Contract shall take. effect July 1, 2000, a d khall continue until June 30, 2005, with the possibility of merit renewals, unless earlier terminated pur uaht to the provisions herein. However, this contract will be subject to annual reviews prior to commence ne�it of work for the following year. This review will evaluate work performed and level of service p ovIded. The work product required by this Agreement shall be utilized as the basis for review, and any co nnpents or complaints received by City during the review period, either orally or in writing, shall be con idored. City shall meet with Contractor prior to preparing the written report. If any noncompliance w ftlh the Agreement is found, City may direct Contractor to correct the inadequacies, or, in the alternate e,may terminate this Agreement as provided herein. 19. Compliance with Laws. Contractor shall comply with all applicable laws, ord nahces, codes and regulations of the federal, state, and local governments. Contractor shall keep itself ii 0med of all State and Federal laws and regulations which in any manner affect those employed by it or ii) any way affect the performance of its services pursuant to this Agreement. The Contractor shall, ata all times, observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this para raph. A. To the extend that any or all of the services described in Exhibit "A" ar ori may, be funded by other governmental entities. Contractor shall comply with all applicable n lesi and regulations to which the City is bound. with the agencies providing the funding. Page Packet Pg. 156 B. Prevailing Wages: 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 characters in the locality in which the public works is performed, and not less than the general prevailing rate of pe diem wages for holiday and overtime work. In that regard, the Director of the Department of Inciustrial 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 Cit_ Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, a d are available to any interested party on request. City also shall cause a copy of such determination to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five olllars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of anv 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. Cn no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which rn y lien exist on the part of Contractor, and the making of any such payment by City shall in no wav in par or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that eitlicr party to this Agreement shall commer cc any legal or equitable action or proceeding to enforce or interpret tine provisions of this AgreernntJ the prevailing party, in such action or proceeding shall be entitled to recover its costs of suit, in lulling reasonable attorney's fees and costs, including costs of expert witnesses and contractors. 22. Notices. Anv 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 hour, oir by facsimile before or during regular business hours; or (b) on tine third business day following depos t illi the United States mail, postage prepaid, certified, to the addresses heretofore set forth in the Agreemel t, br to such other addresses as the parties may, from time to time, designate in Nvriting pursuant to the pr viAiolls of this section. 23. Governing Law. This Contract shall be interpreted. construed and enfo cert in accordance with the laws of the State of California. Los Angeles County shall be the venue for a v Negal proceedings, including mediation, arbitration, or court actions that are initiated regarding this Agrc relent. 24. Counterparts. This .Agreement nlav be executed in anv number of counterparts, each of which shall be deemed to be the original. and all of which together shall constitute one and tl c same instrument. 25. Entire Agreement. This Agreement. and ally other documents incorporated h rein by specific reference, represent the entire and integrated agreement bet\.\ecn Contractor and City. This Agreement supersedes all prior oral or xyrittcn 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 on,ly be valid if signed by the City Manager or the Mayor and attested by the City Clerk. Page I Packet Pg. 157 1 w� 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 27. Severability. If any provision in this Agreement is field by a court of con)petent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. iN WITNESS WHEREOF, the parties have eeecuted this Agreement as of the written above. "City" ATTEST: By )6�0� City Clerk Approved as to form: By: Citv Attorney CITY OF DIAMOND BAR Mayr?r. "CONTRACTOR" dim By: Its: 9 fi rst Pale Packet Pg. 158 Mr. David Liu Public Works Director City of Diamond Bar 21825 E. Copley Drive Diamond Bar, California 91765-4178 RE: Request for Contract Extension Dear David: June 13, 2017 MCE Corporation has provided right of way maintenance to the City of Diamond Bar for the past seventeen years. In that time, we believe that MCE has provided a cost effective and high quality level of service to the City. Our employees take pride in the performance of their work and the community that they serve. We would like to propose a 2.4% rate increase on labor only. The 2.4% represents the CPI rate for the one year period ending March 2017. See attached. Equipment and material rates will remain the same. We would very much like to continue our contractual relationship, and by means of this letter, formally request a one-year contract extension. Please let me know if there is any assistance that I can provide or answer any questions that you may have. Since ly, Steve Loweree Senior Vice President - Maintenance Division Packet Pg. 159 Bureau of Labor Statistics Data Page I of A to Z Index I rAQs I About BLS I Contact IIs subscribe to F -mai{ Updates J0 Follow Us i I what's New I Release calendar I Meg Search BLS.gov la Horne I Subjects I Data Tools Publications I Economic Releases I Students I Beta Databases, Tables & Calculators by Subject SHARE ON: 10 fZ ;FONT SIZE FJ Change Output Options: From: zoo2 v To: Cl include graphs 0 include annual averages More Forrnatting Elutions mkill-, Data extracted on: June 14, 2017 (11:14:43 AM) CPI -Urban Wage Earners and Clerical Workers (Current Series) Series Td: CWURA421SAO blotSeasonally Adjusted Series Title: All items in Los Angeles -Riverside --orange County, CA, urban wage earners and clerical workers, not seasonally adjusted Area: Los Angeles -Riverside -Orange County, CA ltemr All items Base Period: 1982-84-100 Download: E31gft Year Jan 2007 204.498 2008 213.825 2009 212.954 Feb 206.632 214.231_ 213.234 Mar Apr 208.929 210.195 216,493 217.914 213,013 213.905 May 2_11.145 219.702 214.946 Jun 209.614 222.435 216.145 Jul 209.944 223.24_5 216.128_ Aug 269.240 221.230 216.628 Sep 209.849 220.285 217302 Oct 211.259 21$,726 217.474 Nov 212.844 214.083 216.618 Dec 212.282 211.007 216.233 Annual 209.661 217.765 215.257 HAi_F1 208.502 217.433 213.783 HALF2 210.820 218.096 216.730 2010 217.290 217.090 218.157 218.475 218.7_87_ 218.222 218,367 218.752 218.427 219.335 1218.694 2_19.619 218.435 218.004 218.866 2011 221.540 222.811 225.770 227.051 2_26.842 225.461 224._277 224.66_5 226.096 22_6.1_16 225.786 224.494 225.072 229.913 225.231 2012 226.245 227.585 234.281 230,023 230.180 228.446. 230.229 231.085 233,431 230.426 228.940229.649 228.872 230.426 2013 2_30.651 232.983 233.200 232.030 232.387 _228.91_7 232.378 232,190 232.295 232.817 232.73_5 231.558 231,594 23_2.234 232.271_ 232.197 2014 232.578 2015 231.063 233.886 232.975 235.500 235.717 _ 235.991 235,697 236.647 _. .._._..-._._6.88_ 238.816 236,880 237.792 236:963 239.889 236.504 238.755I237W324 236.451 235.921 237.472 233.846 237.190 232.330 -�- 236.787 235.273 236.646 235.201 235.389 235.344' 237.901 201fi 238.609 238.262 239.146 239.536 240.320 240.522 240.5$(5 240,267 290.851 291.932 240.809 240.846 240,140 239.399 240.881 2017 292.735 249.254 249.932 295.417 246.153 RECOMMEND THIS PAGE USING: 0 Facebook Twitter Q Unkedin TOOLS CALCULATORS HELP INFO RESOURCES Areas at a Glance Inflation Help & Tutorials What's New Inspector General (0€G) Industries at a Glance ! Injury And Illness FAQs i Careers @ RLS Budget and Performance Economic Releases Gfossary F'End III DOL i No Foal Act Databases & Tab4es About BLS Join our Mailing Lists USA.gov Maps Contact Us ', Linkng & Copyright Into Benefim.gov Disability,gov Preedom of Information Act I Privacy & Secur,lty Statement j Dis U.S. Bureau of Labor Statlsfics I Postal Square Building, 2 1,12 ( r� www.his.aoy I Telephone: 1-202-691-5200 / G r! r j ". https://data,bls,gov/cgi-bin/survey ost 6 Packet Pg. 160 Bureau of Labor Statistics Data Page 1 of A to Z Index I FAQs I About 6L$ I Contact U5 Sutfscrlbe to E-ntail Updates En Follow Us I What's N2w I Release Calendar I &loci Search BLS.gev LE Home I Subjects I Data Tools I Publications I Economic Releases I Students I Beta Databases, Tables & Calculators by Subject Change Output Options: From: To: z v SCJ ❑ include graphs ❑ include annual averages Data extracted on: June 14, 2017 (11:15:08 AM) GPI -Urban Wage Earners and Clerical Workers (Current Series) SHARE ON: 1r �. TONT SIZE (-j ii'7._I, More Forin,attin.g_Ontionsmoop. Series Id: CWURA421SAO Not Seasonally Adjusted Series Title: All items in. Los Angeles -Riverside -Orange County, CA, urban wage earners and clerical workers, not seasonally adjusted Area: Los Angeles -Riverside -Orange County, CA Item: All items Base Period: 1982-84=100 Download: Year Mar 2007 208,929 2008 216.193 2009 213,013 2010 218.157 2011125 770 2012 230.281 2013 233.200 2014T235.500 2015 235.991 2016 239.146 2017 244.932 12 - Month Percent Change series Id: CWURA421SAO Not Seasonally Adjusted Series Title: All items in Los Angeles--Riverside-Orange County, CA, urban swage earners and clerical workers, not seasonally adjusted Area: Los Angeles -Riverside -Orange County, CA Item: All items Base Period: 1982-84-1070 l(/(j -&�J � Download: tF ✓� 131 xt" Year Mar l 2007 4.0 2008 3.6 2009 -1.6 2010 2.4 2011 3.5 2012 2,0 2013 1.3 zo14 1.0 2615 �0.2 2016 1.3 2017 � 2.4 RECOMMEND THIS PAGE USINGG Facebook Twitter [M Linkedln TOOLS CALCULATORS HELP INFO RESOURCES Areas al a Glance tnf€ation Help S Tutorials - WhaYs New Inspector General (U1Gj Industries at a Glance injury And Illness FAQs Careers c@t BLS Budget and Performance Econotnic Releases Glossary F#nd III DOL No Fear Act https://data.bls.gov/pdq/SurveyOutputServlet J. Packet Pg. 161 6.8.d 06/13/17 16-919 - CITY OF DIAMOND BAR - 435 Page No. 1 12:56 PM FY 16 - 17 Work Program By Location Activity Inven. Inven. Level of LOS Annual Annual Hours/ Total Unit Total Code Activity Name Qty. Unit Service Unit Qty. Unit Unit Hours Cost Cost Area D1 STREETMAINTENANCE 26.69 A3-13 TREE WELL COVER MAINT. 1508.0 EA EA 4.00 EA 2.00 8.00 39.99 319.92 A3-99 OTHER TREE MAINT 1.00 SYSTEM 1200.00 HR 1200.00 HR 1.00 1200.00 41.72 50064.00 A6-01 LITTER PICKUP (SPOT) 60.00 SYSTEM 10.83 HR 650.00 HR 1.00 650.00 39.87 25915.50 A6-13 MANUAL WEED REMOVAL BE 10.00 AC BED 6.60 HR 66.00 HR 1.00 66.00 38.41 2535.06 A7-02 HAND SWEEPING 38.10 RD MI 34.12 HR 1300.00 HR 1.00 1300.00 40.88 53144.00 A7-43 TRAFFIC CONTROL 1.00 SYSTEM 6.50 HR 6.50 HR 1.00 6.50 57.90 376.35 D2-01 STORM PATROL INSP/CLEAN 1.00 SYSTEM 351.50 HR 351.50 HR 1.00 351.50 39.12 13750.68 D5-09 OTHERMARKING 1.00 SYSTEM 60.00 HR 60.00 HR 1.00 60.00 66.88 4012.80 D7-02 SPOT SPRAY WEEDS 1.00 HR 250.00 HR 250.00 HR 1.00 250.00 43.91 10977.50 Location Subtotals: 3892.00 161,095.81 Packet Pg. 162 6.8.d 06/13/17 16-919 - CITY OF DIAMOND BAR - 435 Page No. 2 12:56 PM FY 16 - 17 Work Program By Location Activity Inven. Inven. Level of LOS Annual Annual Hours/ Total Unit Total Code Activity Name Qty. Unit Service Unit Qty. Unit Unit Hours Cost Cost Area X1 ADDITIONALWORK 48.09 C ADDITIONAL WORK 1.00 SYSTEM 84.00 HR 84.00 HR 1.00 84.00 53.63 4504.92 Location Subtotals: 84.00 4,504.92 Grand Totals: 3976.00 165,600.73 Packet Pg. 163 CITY COUNCIL 6.9 Agenda #: 6.9 Meeting Date: June 20, 2017 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Managers { TITLE: APPROVE E TENSION OF CONTRACT` AGREEMENT WITH WEST COAST ARBORISTS FOR CITYWIDE TREE MAINTENANCE AND WATERING SERVICES FOR A TOTAL NOT TO E CEED AMOUNT OF $293,460 FOR FISCAL YEAR 2017 2018 RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds totaling $293,460 for this contract are included in the approved Fiscal Year 17-18 operating budget with $265,460 from Public Works Landscape Maintenance Budget, $5,000 from LLAD #38, $5000 from LLAD #39, and $18,000 from LLAD #41. BACKGROUND: On June 7, 2011, the City Council awarded a contract to West Coast Arborists for city- wide tree maintenance services for FY 11-12, with contract extension provision to extend this agreement for an additional six (6) years. The City Council approved Amendment #5 on April 5, 2016 to extend the contract through June 30, 2017. Section 14 of the agreement authorizes the City Council to extend the agreement if it is deemed to be in the best interest of the City. Staff believes West Coast Arborists has done a good job maintaining the City's trees. For FY 17-18, West Coast Arborists has submitted a one-year contract extension request with a 2.4% CPI increase in the unit prices for labor costs. The updated unit prices are provided in Attachment A of Amendment No. 6. DISCUSSION: In addition to the routine tree maintenance and watering services, this contract also Packet Pg. 164 includes Arborist Inspections, Tree/Stump Removals/Replacements for Sidewalk Repairs, and a Pro -Active Risk Management Program. This proactive risk manage program is due to the accelerated program for sidewalk repairs requested by the California Joint Powers Insurance Authority that has been implemented by the Public Works Department. Trees have to be inspected by an arborist to determine if they have to be removed in order to fix the sidewalk, and removed trees are then replaced. This program reduces the City's liability from damaged sidewalks, and by removing offending trees, staff ensures that the new sidewalks will remain in good condition for many years to come. The Tree Maintenance Services contract includes the following services in Diamond Bar: tree -trimming, tree planting, tree and stump removal, emergency work and watering of trees along the major arterials not serviced by irrigation systems. The contract also provides for an automatic update of the City's tree inventory as services are performed. Services are provided in the following areas of the City: along the major boulevards, medians & parkways, residential neighborhoods, lighting and landscape maintenance districts and City Parks. UC742_1:7411:Y1a S. th y Jordan, ark awle ance uperin en e t 6/2012017 r Azrf & id i , P i i ector 6/14/2017 anna oneywell, Finan irector 6/14/2017 Attachments: 1. 6.9.a Amendment #6 WCA 2017-18 FY --6-20-17 2. 6.9.b WCA Agreement June 7, 2011 6.9 Packet Pg. 165 AMENDMENT NO. 6 TO CONTRACTOR SERVICES AGREEMENT This Amendment No. 6 to Contractor Services Agreement ("Amendment") is made and entered into as of June 20, 2017 by and between the City of Diamond Bar, a municipal corporation ("City"), and West Coast Arborists, Inc. (herein referred to as the "Contractor") with reference to the following: A. The City and the Contractor entered into that certain Contractor Services Agreement dated as of June 7, 2011 which is incorporated herein by this reference (the "Original Agreement"); and B. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit "A" attached hereto and incorporated herein by this reference. 3. Compensation. The total not -to -exceed compensation set forth in Section 4 of the Original Agreement was the sum of Two Hundred Thirty Three Thousand Six Hundred Seventy Five Dollars ($233,675). Section 4 of the Original Agreement is hereby amended to provide for an authorization of Two Hundred Ninety Three Thousand Four Hundred Sixty Dollars ($293,460). The amended amount is not to be exceeded without the prior authorization of the City. 4. Integration. This Amendment No. 6 and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Amendment No. 6 amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Amendment No. 6 and the terms and provisions of the Original Agreement, the terms and provisions of this Amendment No. 6 shall control. IN WITNESS hereof, the parties enter into this Amendment No. 6 on the year and day first above written. 973895.1 6.9.a Packet Pg. 166 irole] ►r9d_I"to] 1H West Coast Arborists, Inc. By: Printed Name: Title: *By: Printed Name: Title: fito]Ira Is] IWK9109]G1►TAto] 01191:3_1:4 By: Jimmy Lin, Mayor US a 9 ZN I Tommye Cribbins, City Clerk LAI W;10021RIGF2r011901V►VA5 David A. DeBerry, City Attorney *NOTE: If Contractor 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. 973895.1 6.9.a Packet Pg. 167 ADDITIONAL SCOPE OF SERVICES [Behind this page.] 973895.1 6.9.a Packet Pg. 168 6.9.a Tree Care Ptofessic naly Sov ng Comm—lN41ws Wkv Care About Tkas April 10, 2017 City of Diamond gar AM., AnrhonyJordan 71810 Copley Drive Diamond Bar, CA 91765 RE, Tree Maintenance services Dear Mr. Jordan, www. WCANCxor With this fiscal year coming, to an end, West Coast Arborists, Inc. would like to take this opportunity to exp-css our gratitude to you and yo u staff for another successful year. Together we have worked c i Iigently to ensure that the City's urban forest continues to thrive. The purpose of this letter is to express our interest in continuing with the agreement for an addltionaI year with a ,fight increase in cost- Over the course of the year, the cast of operating increased particul:�-ly in labor. For th1s reason, we respectfully request a cost adiustmenI of 2.4% based on theConsumer Price Index;CP'l} for the Los Angeles- Oran ge-ttiverside region. Attached for your review is our proposed Schedule of Compensation for 2017-2018, We appreciate your consideration in this matter. We look forward in continuing our successful business relationship. Should you have any questions or require additional information, please do not hesitate to call me at (8001521- 3 7 14, 5inoerely, Victor K Gonzalez Vice President, Marketing Packet Pg. 169 CITY OF DIAMOND BAR Schedule of Compensation for Year 2017 - 2018 Tree Maintenance Services performed by WCA, Inc. item Description 1 Grid Pruning 2 Svc Rqst Pruning 0-6 DSH 0 Svc Rqst Pruning 7-16 DSH 4 Svc Rqst Pruning 17-24 DSH 5 Svc Rqst Pruning 25-06 DSH 6 Svc Rqst Pruning > 36 DSH 7 Palm Tree Pruning 8 Date Palm Pruning 9 Tree & Stump Removal < 36 DSH 10 Tree & Stump Removal > 36 DSH 11 Stump Only Removal 12 Plant 15 Cal Tree 10 Plant 24" Box Tree 14 Plant 36" Box Tree 15 Watering 16 GPS Tree Inventory 17 Slope Tree Pruning (0 men @ $169.95fhr) 18 Creno Rental - per man 19 Emergency Response (3 men @ $245.251hr) Unit Each Each Each Each Each Each Each Each Inch Inch I nch Each Each Each Day Each Man Hour Man Hour Man Hour Proposed Prices $42.75 $42.75 $79.05 $85.65 $203.20 $208.90 $42.75 $147.55 $17.60 $24.55 $6.15 $109.00 $219.80 $799.40 $369.00 $2.46 $56.65 $56.65 $81.75 The proposed unit prices reflect an increase of 2.4% based on the Consumer Prices Index for the Los Angeles -Orange -Riverside area. 973895.1 6.9.a Packet Pg. 170 MAINTENANCE SERVICES AGREEMENT FOR TREE MAINTENANCE SERVICES THIS AGREEMENT is made as of u ,.,7 , 2011 by and between the City of Diamond Bar, a municipal corporation ("City") and West Coast Arborists ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide city-wide tree maintenance services. B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for Tree Maintenance Services in the City of Diamond Bar. The work to be performed shall be in accordance with the Request For Proposals (RFP) dated April 28, 2011. 2. Incorporated Documents To Be Considered Complementary. The RFP (Exhibit "A") is incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The RFP, CONTRACTOR'S Proposal dated May 18,2011 (Exhibit "B"), together with this written agreement, shall constitute the contract between the parties. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this Agreement shall control. 3. Term of Agreement. This Contract and unit prices shall take effect J_uIy 1, 2011, and remain in effect, unless earlier terminated pursuant to the provisions of Section 13 herein, until June 30, 2012. This Agreement may be extended as set forth in Section 14. 4. Compensation. City shall pay to the Contractor for furnishing all material and doing the prescribed work an amount not to exceed the grand total of one hundred eighty-one thousand, seven hundred dollars ($181,700.001 in accordance with the unit rates set forth in the Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference. Payment will be made only after submission of proper invoices in the form specified by City. 5. Addresses. City: James DeStefano, City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91755-4178 Contractor: West Coast Arborists, Inc. 2200 E. Via Burton Street Anaheim, CA 92806 Packet Pg. 171 6.9.b 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor 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 Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor 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. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Contractor shall, at Contractor'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. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractor's failure to comply with this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor 's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys flees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligence, recklessness or willful misconduct. It is expressly 2 Packet Pg. 172 6.9.b understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive. general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. 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 Owner 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 1✓inance Director: Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner'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 Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants. that all data, Packet Pg. 173 6.9.b documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor 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.. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Contractor 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. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire. 12. Conflict of interest. A. Contractor 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 Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance. of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor 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. Contractor 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. Contractor's_ covenant under this section shall survive the termination of this Agreement. 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. 14. Extension Option. The City Council shall have the option to extend this Agreement up to six (G) additional one (1) year periods, subject to the same terms and conditions contained herein; by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods, the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price 4 Packet Pg. 174 6.9.b Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 15. Personnel. Contractor 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 Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. 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, 21525 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 17. Non -Discrimination and Equal Employment Opportunity. A. Contractor 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. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor 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. Contractor 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. 5 Packet Pg. 175 6.9.b 18. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 19. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. 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 Contractor 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 Contractor, 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. 21. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 22. 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. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. 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. 25. Records and Audits. The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. 26. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This C Packet Pg. 176 6.9.b Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 27. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: By: Tommye rib -'ns, City,Clerk L rney TITLE r w J State of California "CONTRACTOR'S" License No. 366764 . CONTRACTOR'S Business Phone — (714) 991-1900 Emergency Phone (866) LIMB --DOWN ORS1 546�-23f 9 at which CONTRACTOR can be reached at any time. 7 Packet Pg. 177 6.9.b Packet Pg. 178 6.9.b City of Diamond Bar Community Services Department Schedule of Compensation In conformity with the terms and conditions of the Tree Maintenance Contract, WEST COAST ARBOR{STS, INC. hereby proposes to the City of Diamond Bar the following schedule of compensation: DESCRIPTION UNIT UNIT L RICE Annual Tree Trimming on Area basis -- per tree $ 40.00 (Minimum 500 trees) SERVICE REQUESTS — Work performed on an individual basis FULL TRIM 0-6" dbh per tree $ 40.00 7-16" dbh per tree $ 74.20 17-24" dbh per tree $ 80.10 25-36" dbh per tree $190.00 37" dbh & over per tree $195.40 QUANTITY DISCOUNT 10 Trees within '/Z Mile Radius per tree ($} -0- 50 Trees within 1/2 Mile Radius per tree ($) -0- 100 Trees.within 1/ Mile Radius per tree o. PALM TREE TRIMMING Coco palm, any size per tree $ 40.00 Washingtonia palm, any size per tree $ 40.00 Canary Island Date Palm, any size per tree $138.00 TREE REMOVAL Tree and stump removal per diameter inch $. 16.50 Tree removals over 36" dbh per diameter inch $ 23.00 Stump only removal - per inch $ 5.75 PLANTING 15 gallon tree per tree $ IO2.b0 24 inch box tree per tree $ 205.50 36 inch box tree per tree $ 747.50 TREE WATERING City of Diamond Bar per day $ 345.00 Tree Maintenance Services FFP - 4/28111 Packet Pg. 179 City of Diamond Bar 'free Malnternanca Contract Page 2 6.9.b CREW RENTAL, 3 man crew with equipment per hour 2 man crew with equipment per hour 1 man crew with equipment per hour EMERGENCY RESPONSE 3 -man crew with equipment (Evening, weekend, or holiday call -out) per hour TREE INVENTORY AND SOFTWARE PACKAGE GPS INVENTORY (Optional) TREE INVENTORY UPDATES SLOPE TREE PRUNING (3 -Man Crew per tree site per tree site per tree site per hour WEST OAST ARSORISTS, INC. $159.00 $106.00 $ 53.00 $ 229.35 $ 2.30 $ -0. $159.00 5123111 Signature (Company Rep sentative) Name of Company Date Submitted It is intended that any other public agency (e.g., city, county district, public agency, municipality, and other. political subdivision or public corporation) ,shall have the option'to participate in any award made as a result of this solicitation at the same prices. The, City shall incur no financial responsibility In connection with any purchase by. another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor. 16 City of Diamond Sar Tree Maintenance Services RFP -4128/11 . , Packet Pg. 180 Agenda #: 6.10 Meeting Date: June 20, 2017 CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Managers {� 6.10 AGENDA REPORT TITLE: APPROVAL OF AMENDMENT 2 TO THE MAINTENANCE SERVICES AGREEMENT WITH GUARANTEED ANITORIAL SERVICES FOR THE LIBRARY, CITY HALL, DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM IN THE AMOUNT NOT TO E CEED $141,815.88 FOR FISCAL YEAR 2017 2018 RECOMMENDATION: Approve. FINANCIAL IMPACT: Approval of Amendment #2 will authorize staff to expend up to $141,815.88 for Janitorial Maintenance Services at the Library, City Hall, Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room during the term of July 1, 2017 through June 30, 2018. $141,815.88 in funding is included in the adopted 2017/18 FY budget. This amount includes a 2.4% CPI increase. BACKGROUND: On November 1, 2016, the City Council approved Amendment #1with Guaranteed Janitorial Services to provide janitorial services for the Library, City Hall, Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room through June 30, 2017. Staff believes Guaranteed Janitorial Services has been doing an excellent job as well as providing an efficient and reliable service. In accordance with the contract extension provision, the janitorial services agreement for Library, City Hall, Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room is recommended to be extended for one (1) year. DISCUSSION: The annual cost breakdown at each facility that will be performed by Guaranteed Janitorial Services is as follows: 1. City Hall Maintenance $20,815.92 2. Library Maintenance $20,815.92 3. City Hall/Library Day Porter $38,928.36 4. Diamond Bar Center $45,330.48 Packet Pg. 181 4. Heritage Park Community Center $12,263.40 5. Pantera Park Activity Room $3,661.80 TOTAL FOR FY 2017/18 NOT TO E CEED $141,815.88 PREPARED BY: " gsla " .. 1, Zn',,O!!�Aw th y Jordan, arka'WinteMalnce upenn en e t 6720/2017 � fi A Ar.0 " "I,, Aff 12 na , , iJ ector 6/14/2017 Attachments: 1. 6.10.a Guaranteed Janitorial Amendment #2 -- 6-20-17 2. 6.10.b Guaranteend Maintenance Services Agreement 10.1.16 6.10 Packet Pg. 182 AMENDMENT NO. 2 TO MAINTENANCE SERVICES AGREEMENT This Amendment No. 2 to Maintenance Services Agreement ("Amendment") is made and entered into as of June 20, 2017, by and between the City of Diamond Bar, a municipal corporation ( "City"), and Guaranteed Janitorial Services, Inc. (herein referred to as the "Contractor") with reference to the following: A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of October 1, 2016, which is incorporated herein by this reference (the "Original Agreement"); and B. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit "A" attached hereto and incorporated herein by this reference. 3. Compensation. The total not -to -exceed compensation set forth in Section 3 of the Original Agreement was the sum of One Hundred Nine Thousand Two Hundred Forty Six Dollars ($109,246). Section 3 of the Original Agreement is hereby amended to provide for an additional authorization of One Hundred Forty One Thousand Eight hundred Fifteen Dollars and Eighty -Eight Cents ($141,815.88). The amended amount is not to be exceeded without the prior authorization of the City. 4. Integration. This Amendment No. 2 and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Amendment No. 2 amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Amendment No. 2 and the terms and provisions of the Original Agreement, the terms and provisions of this Amendment No. 2 shall control. 973895.1 6.10.a Packet Pg. 183 IN WITNESS hereof, the parties enter into this Amendment No. 2 on the year and day first above written. 0161►k9V.1046to] 11 r Guaranteed Janitorial Services, Inc CITY OF DIAMOND BAR By: Printed Name: Title: *By: Printed Name: Title: By: Jimmy Lin, Mayor Tommye Cribbins, City Clerk GIW ;10021DIGF2r01901VLVA 5 David A. DeBerry, City Attorney *NOTE: If Contractor 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. 973895.1 6.10.a Packet Pg. 184 ADDITIONAL SCOPE OF SERVICES [Behind this page.] 973895.1 6.10.a Packet Pg. 185 EXHIBIT "A" — AMENDMENT 2 EFFECTIVE 7/1/17 — 6/30/18 ANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE LIBRARY, CITY HALL, DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND THE PANTERA PARK ACTIVITY ROOM ANNUAL COMPENSATION SCHEDULE FOR CONTRACT PERIOD OF ULY 1, 2017 THROUGH UNE 30, 2018 Contract services to be extended for the period of July 1, 2017 to June 30, 2018 with Guaranteed Janitorial Services: 1. Regular monthly Service 5 days/week for City Hall - 12 months @ $1,734.66 per mo. _ $20,815.92 2. Regular monthly Service 6 days/week for Library/1 st Floor City Uses = $20,815.92 (12 mos. @ $1,734.66 per month) 3. Building Maintenance staffing at City Hall & Library 6 days/week for 8/hrs/day = $38,928.48 ($3,244.03 per mo. for 1 staff @ 48 hrs/wk for 12 months) 4. Regular monthly Service for Diamond Bar Center — 12 mos. @ $3777.54 per mo. _ $45,330.48 (Includes High Cleaning) 6. Regular monthly Service for Heritage Park Com Center -12 mos @ $1021.95 per mo. _ $12,263.40 (Service seven days per week) 7. Regular monthly Service for Pantera Activity Room — 12 mos. @ $305.15 per mo. _ $3661.80 (Service five days per week) GRAND TOTAL FOR AMENDMENT 2 THROUGH 6/30/18: $141,815.88 The Cost of the 12 - Month Contract Extension is: 2017/18 FY $141,815.88 973895.1 6.10.a Packet Pg. 186 uarantrncd Jamtofi &rvicc. Inc. June 12, 2017 r I+vlr. Anthony Jordan Parts. and Maintenance Superintendent CITY OF DIAMOND BAR 21810 Copley Drive Diamond Bar, Califprnia 917654178 Dear Mr. Anthony Jordan_ It has been our policy to operate as efficiently as possible; and to intwduce as many latoor saving devices available in order to afford you the best passible service for the lowest rate. Respite our very best efforts, due to an increase in insurance rates, supplies and wages, we will be adjusting our rates with a 2.41% increase reflecting the current (CPI) Consumer Price Index. Our increase will be effective July 1" 2017. Please be assured that we witI continue to provide you. with the most reliable service at the most reasonable fee. Thank. You for choosing GUARANTEED JANITORIAL SERVICE as your cleaning service we appreciate the opportunity of serving you. Sincerely, Martha ,. Orti7. Administrator 13039 11th Street , Chino. CA 41710 • (909) 465-5542 + FAX (9079) 465-5545 973895.1 6.10.a Packet Pg. 187 MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of October 1, 2016, by and between the City of Diamond Bar, a municipal corporation ("City") and Guaranteed Janitorial Services, Inc. ("Contractor"). 1. Contractor's Services. ' Subject to the terms and conditions set forth in this Agreement Contractor 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, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor 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. Anthony Jordan, Parks and Maintenance Superintendent (herein referred to as the "City's Project Manager"), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor 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 Contractor 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 October 1, 2016, and shall continue until December 31, 2016 unless earlier terminated pursuant to the provisions herein. This Agreement may be extended as provided herein. 3. Compensation. City agrees to compensate Contractor for each service which Contractor 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 Contractor pursuant to this Agreement shall not exceed Forty Thousand Dollars ($ 40,000) 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, Contractor shall submit to City an invoice for the services completed, authorized expenses, certified payroll 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-an_y__extra_wo.rk_perfo.rmed. C. City will pay Contractor the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 1193455.1 Packet Pg. 188 6.10.b 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 Contractor. 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. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor 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, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor'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 Contractor under this Agreement any amount due to City from Contractor as a result of Contractor'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 Contractor's failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exerdised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and ail licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 103a5s.1 Packet Pg. 189 6.10. b 9. indemnification. Contractor 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 actsand other employee benefit acts with respect to Contractor's employees or Contractor's contractor's employees arising out of Contractor's work under this Agreement; and (2) Any and all claims arising out of Contractor'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 Contractor's legal counsel unacceptable, then Contractor 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 Contractor 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. 10, --insurance. A. Contractor 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 Contractor, 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; and (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. 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. 1193055.1 Packet Pg. 190 6.10. b 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 at least ten (10) day's prior written notice thereof. Contractor 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 Contractor pursuant to the terms of this Agreement and 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. E. Contractor 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 Contractor (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. 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 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 Contractor 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 Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor 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. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. Contractor's covenant under this section shall survive the termination of this Agreement. 1193055,1 Packet Pg. 191 6.10. b 12. maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor 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 Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor 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. 13. Conflict of Interest. A. Contractor 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 Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, - no person having any such interest shall be employed by it. Furthermore, Contractor 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. Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate, this Agreement with or without cause upon thirty (30) days' written notice to Contractor. The effective date of termination shall be upon the elate specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. However, immediately upon receiving written notice of termination, Contractor 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. 15. Personnel. Contractor 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 Contractor and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, with or without cause, to require Contractor to exclude any employee from performing services on City's premises. Prior to having any personnel perform work--on-City-premises, Contractor-shall-perform--a-background-investigation-of such-- -- personnel which meet City requirements. 16. Extension Options. A. The City shall have the option to extend this Agreement for no more than three years, subject to the same terms and conditions contained herein, by giving Contractor 1193055.1 Packet Pg. 192 6.10.b written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial term of this Agreement and upon approval by the City Council. B. In the event the City exercises its option to extend the term of this Agreement for more than one additional year, the Contractor's unit prices shall be subject to adjustment at the end of the first year of the extension and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the Contractor, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index -Month. Any increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council. 17. Reserved 18. Non -Discrimination and Equal Employment Opportunity. A. Contractor 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. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor 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. Contractor 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_ 19. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 20 Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor 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 Contractor's control. If Contractor 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 1193055.1 Packet Pg. 193 to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. 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 Contractor 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 Contractor, 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. 24. 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 25. 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 controve.sy'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, shah be a condition precedent to the institution of any action or proceeding, whether at law of in equity with respect to any such dispute or controversy. 26. 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. "CONTRACTOR" "CITY„ Guaranteed Janitorial Services, Inc 13039 Eleventh Street Chino CA. 91710 Attn.: Martha E. Ortiz Phone: 909-465-5542 E -Mail: Gjsmortiz42@verizon.net 1193055.1 City of Diamond Bar 21510 Copley Drive Diamond Bar, CA 91765-4178 Attn.: James DeStefano Phone: 909-839-7010 6.10. b Packet Pg. 194 6.10. b 27. Governing Lave. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. 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. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor 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. "Contractor" "City" Guaranteed Janitorial Services, Inc. By: Printed Name: Title: 1193055.1 CITY OF IAMOND BAR M/ 1 eStefaKo City Manager ATT ST: i� City CI Packet Pg. 195 6.10. b *NOTE: If Contractor is a corporation, the City requires the followings 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. 1193055.1 Packet Pg. 196 EXHIBIT "A" 1011116 COMPENSATION SCHEDULE FOR CONTRACT PERIOD OF OCTOBER 1, 2016 THROUGH DECEMBER 31, 2016 Planned contract services for Guaranteed Janitorial Services, Inc.: 1. Regular monthly service for City Hall/Library- 3 mos. @ 3,388.00/mo. = $10,164.00. 2. Day Porter for City Hall/Library- 3 mos. @ $2,784.00/mo. = $8,352.00. 3. Regular monthly service for Diamond Bar Center- 3 mos. @ $3,689.001m. $11,067.00. 4. Regular monthly service for Heritage Park Com. Center- 3 mos. @ 998.001mo. = $2,994.00. 5. Regular monthly service for Pantera Park Activity Room- 3 mos. @ $298.001mo. Total for 3 month term - $33,471.00 1143055.1 6.10. b Packet Pg. 197 a Specifications for City HaNILIbrary CLEA )NG AND N,IAMTMANCE SCH13 M 1, DA -MY [Nlanday through Saturday) A, Vacuurzi all carpetedi areas to include edges, comers, €ender tables, render Chairs and any other bard to roch 49as) L. Vacuum a area. rugs, inciruding under'•tables imd undcTchairs 2. Vacuum all Miry mats 3= Spot clean all catetcd areas and area rugs, using thG most appropriate method to-cvxipletely mmovo the spotlstain without damaging tha sv facs 13. Sweep, weet scoop ffnd disinfect all non.-Gaxpetcd #soars, including ages, corners, under tables, under chairs, under rents and airy other hard to -read, axaas) C. Clean all disks, Mbies and fmitm, including top, baso, legs and cross supports to mmeyo dost, dirt, debris, rjtigerprints, smudges and maAhIgs, leaving the surface free of cleaning prodtiot residua and disc6lorAbn) 1. Clam all chairs (a]I matedais), including seat bgse, back, legs and cross supports to remove dust, dirt, debris, fingerprints,'smudges and zuarTcings, leaving the surl'aco free of moaning prodrlot residue and discoloration.) 2. Dust, vacuum and spot claam all upholstered furniture, including under cushions anal cushion edges. 3. Remove dirt, dust and debris from. the Computer monitors, keyboards, fax machines, printers, photocopy vnacbb&& and self,Gheckout,Hachures using appropriate tecbniques and products to preuent damage Cl and dkitrfect teiephono receivers and base units using ap rtspziate teebrriques arrd-products to preverrtdamage . 5. Romovo dirt, dust and debris from all aufaces to a hoight of six (6) feet; includes but not limited to 'artwork (ur�lPss i'lArtIcted attrcrwisc), bookshelves .(including all Olsen spaced, bulletin, bodrds, cubiole: panels, display cases, framed pictures, fire alarms, -fire extinguishers, -light switch plates, znagazirre racks, shelves, Signa, -and thermostats 6, DO NOT disturb any papemork on top of desk or sutmuudiag ;loots or tables ' 1), l�mpty arid, clean the interior and extoHoY surfaces of the trash receptacles 40 a�.s��vas,r Page 1 of 6 i Packet Pg. 198 E, Clem all glass and glass cases to rem-o'vo dad, dirt, doWs, Fingerprints, smqdges, tape, tape residue and markings, leaving the SMface free of cleaning product residue and streaks . Clean all doors (inside end out), Including -windows to removo dirt, mark, fingerprints, smudges, spfmhQs and spots, includes threshold raA and frame (N'otot � ergency Exit doors must nat be oponed to prevent alarms from sounding.) 2. ' Clean all windows to a Freight of six (6) foot, including sills and f mes,'to, remove dust, dirt., debris, fingerprints, smudges, tape, tape residue avid. Markings, having the smfaeo free of cleaning product residmarfd sftcakr, 3, Clean walls to roxnoye dirt, marks, fingerprints, smudges, splashes, tape, raperesidue, etc, leaving suxfacc free, of cleaning product residue and' disealaraliou R Clean, saniLo'andl polish water Fountain basin and body to remove dust, dirt, debris, fingerprints, smudges, hard water stains and marking, leaving the suTface f`rea of clean ngproduct residue and, discolorationfs Cr, R.estrdioms _ . 1: Clc,4 i entry doors ('inside and out) tci remove dirt, inerts, fingerprints, smudges, splashes and spots; includes threshold rail and frame 2, CIean'�md polish miry door pushplates, knobs and Stick plates 3. Clean and sanitize sinks and faamts; polish chronm-fhiished fixtures, including the removal of hardi.watex status and. deposits regardless of Mot Q-. Clears mirrors, including chrome -finished edges, to remove spat% nmudges and leave streak free, incltrdiiag the removal of hard water stains and deposits regardless of soumc, S. Clean ill exposed pipe fixtures including the removM of hard water stains and deposits regardless of source 6, Clean clad sanifto all dispensers; soap, paper towel, toilet seat cover and • , toilet paper . • . , Y 7, Clem and sanitlzo all toilet seats, bowls, bases, flushiag levers and pipe fixtures, including tht removal of hard water ofyin and deposits regardless of satme S. Clean atnd sanitize•the arterior and interior surfaces of tho baby -changing 9. Clean, sanitize and polish (when necessary) of handrails . 10, Clean and van tim tninals,-Atishiag levers and -pipe fixtures, including the, removal of hard water stains: aria depoaits zegardless of source HSA aaf09Gt Page 2 of 6 Packet Pg. 199 l l :Clean stall ga titiorls, suppgrts, bases, doors Omide aid . out), latchosfknobs to xomoYs dirt, marks, fingerpririts, smudges, splashes, etc. J 2. Refill all dispensers; soap, Paper towel, to€lct seat cover, saxsitary naplciuftampan, toilet paper, baby-clianging ta�Xe �iners l3. Swv,-P, Wet Hwp and tilsinf6d all floozS, leaving hasebaaxas and Wails free o splashes wdlor marks from cleaning d quipmentlprnducts FL Remove graffiti front all sorfa.009 Where found Kikcl�enllrultchroom area. " I. Clem and. sardz` ZO the exteriar surfaces of the "fdgerator, stovehfingr, microwave, toaster, and toaster Own . 2. Cleai extejor of all Gapboards ji eWding kftob8l6andles to mmovq dust, dirt, debris, fiBgexpiirits, smudges, end markings, leading the surface fzee of cleaningpioductresidQ0 and discoloration 3. Chan. �ddsauiizta all dispensers; soap and paper towel 4idill all dlsPrnserl; Soap (with dish soap),'PRPer towel f, Cleats all exterior boob drop contaiitazs and watr`otmt depdtsit doors to xcmovd; dost, dirt, dcbzis, fingerp€ints,'ndges; take, tape residue midi i4iarldi gs, leaving fi r;surface free of elegizing product residue and al. Clean' all exterior+allYxnaunt mail-dzop doors to move dust, dirt, ddbns, .fing�rpyjnts, smudges, tape, tape residue aiid rnarYdngs, leavill0br, surface free of cleaning' prodtiet residue and eiteaks ` _L. Clean. ail exterior signs and plaques to zemove dust, dirt, dd;bris, itngerp li srriudges, tape, tape*zesidue. andznaxkings, leaving the Surface froo of clEaning praduat residue md.streaks �, $rrpty and. clown 'the �Xtedor surfaces of the exterior trash receptacles' and replace plastid, liners RaFt`1 and claan'the, exterior cigarette urns ; I o. Svimp thr, library entry arca to a masoit4bl.0 location, collect and clispo$di of swept dut, ddsWs, etc: P. Sweep itis library loading dock and sidahxg staff eutrazsces; cdilleet and _ — dispose o sv dl�i, delirfs, ata___.- _ uon,aoIMI l?age 3 of 6 Packet Pg. 200 Q. Swoop and dispose of all trash la the libmty ex[eriar patiollunch arca; catreat. And disposo of swept dirt, debris, etc. R.' Locate and'disposo of all brash in the park[ng lot, iuclud[n ,but not Iixnitcd tp, cups, bdttles; plastic/paper bags, newspape7s, papers and clothing i S. r orate and s�spose of all leash in the loading doh, sidelxear staff entrances, including, but not limited to, cups, bot#les, plasticlpaper bags, newspapers, papers anciclotlung - A. Dust all surfaces (6 fez and .ABOVE) 'a, Remove Visible cobwebs tip to 12 feet C. Dust window blinds and shades D. Clean all baseboards R Clean arid sanitate handrails F. 'Hose down 4dcwds, steps, walkways, stairs loading docks, entry and patio areas _ - F ' 3. Q A. MOORS I Strip and. Wax or seal floors � 2. Degrease and remove chemical . spills from areas sumunding ail i photdcopy machines 3. Stripand- thorn I ugh y (nclndiug do cners and bohind doors) all floors using appropxiatc cleaning rxtattrial fQr various the (ypes !i 4. Wax or seal and buff thoroughly (including comers and behind doors) all I -ROOTS using appropriate clearing matezzal for various We types 5. dor floors whexe stdppiag, waxing or scaling is not �dieat)d a deep oleazing sball 6e peI'farmed ; 6. R6wm all furniture to its original position after the floors aro •cldaaed; and Ieave baseboards and walls fret of splashes andlor marks from • " .' ''clearungequzpmentfprnducts ; B. CARPBT' 1, Shampoo carpet and axe rugs . 2. Pogrease and wrmaye cheMIcal- npiM9 fmin areas surrounding. all - _ - ghotoropy machines "• _. ' . xaf, sQtn9G.7 -Pago 4 of 6 Packet Pg. 201 WA, 3. Shampoo thoroughly (including cornars and behind doors) all carpeted areas using appropdate cleaning matcria.l for Various carpet types 4, Return all famlture to its original position after tha Moors are cleaned, and, leave baseboards and walls freo of splashes andlor'maric4 from cleaning eqIipanentlpraducts . C, VMDOWS [Interior and Exterior} 1, Clean MI. length cf all windows including frames and sills 2. CIean windows using ladders, scaffolding, hydraulic lit, or catwalks as apprapziate - 3. Cl( --aa thoroughly, Including the tepoval of hard' waxer staim and deppsits regardless of squme, taring approprlato cleaning ro atmiah; A. C ILDTOMALLWNTS 1, Clears ceiling air veuts 2. Clean wail, air or heat veins ' 3: Remote all vents using Iaddars, scn-folding, l-hydrauliglifts, or Qatwa&4 as appmpiiate 4, Rcmovo and clean. thototagbly. all. Cover& using apprapiiate r'ft rung = matea-lais . .5. Vacuum air vents thnrou6ly �3,1RCHO WOM; 1. Clean Meoha shades . 2, I?ry dust aiecho-shades using appxopriafie equipment I b6 Rotmmove raeeho shades 1. Shampoo'upbalsterediurnituro and clean wood, plastic, and vinyl chaim every , 2. Shampoo and zemvvice stains thoroughly from all upholstered furniture using appropriate cleaninguiatedals for various ulsholstery types , 31' Clean thnroughl-y ail woad, plastic and Abyl chairs acing appropxiate' cleaniatg materials , 4,-Thoroughlyyaauum uuder seat cushions r�on snaa��.E Page .5 of 6 Packet Pg. 202 I Diamond Bar Center, Heritage' Cam, Center and ♦antes Mfiv ty Roam SCOPF, OF SERVICES ' i L 6MWRALD:ESCRIPTTON OF FACIL'TY SEri� ATTAC]8 D FLOOR PL N 1N Aff NDr-K Approximately 22,500 square feet, with tho following floor coverings: Caret --- 10,795 sf Linoleum.- 1.,897 sf , Wood 1,352 sf i Tile -- 2,567 sf f Stone -, 1,930 sf TOTAL 19,14-1 Squaro Feet Pss than total of entite building because storage ' 'xoorns z�at ir�.clr�ded,) t R. SCOPE OFWOIiK Mays per week A. INTI Y- OR BUILDING,MA.1NMNANCE, 1, pick-up debris, tt•ash, and remove cobwebs and otlier-foreign matexlals from doors, walls, ceilings, partitions, vents, otc, 2. Dust counter tops and other horizontal. -M faces, 3, Remove, empty, clean and disinfect all trash receptacles, d., Stacy chairs on tables and clean floor area. 5_ Inspect and replace burnt out lights and tabes. € 6. Remove all matmials, srnibbing techniques or paint when applicable. 7. Clean doors, doax frames, light switch, laic% and push plates and handles. 8. Cloan and disinfect top and sides of drinking fountains and around�bstacles. 9. Sweep and dust mop tlo areas to retno've all stains and'* Is. i 0_Spot mop ail, the areas to xomove all stains and spills. 1 l . Replace chairs, tables and containers, etc. 12. Deodorize Room-. 4 13. L=vdiately notify NEOGWT of any irregularities or hazards. 14. All areas shall be, left clean and free of streaks, stains, film, debtis, watex spots and odors. 15. 'vacuum all carpeted areas mid spot clean as Mcessary. I 16. sweep and mop kitchon amd xestxoom floors. 1.7. Wash all windows anal glass dooxs 1g, ])ust and disinfect all telephontDs 19. Machino buff floors taKmg care to clean comms znd around obstacics 2Q. Thoroughly neap-fila floors, 21.. Clean and disinfect a1lfoiitmoznolading desks, chairs anal tables 22. bust all exposed cabinets, book cases, shelves and logs 23_ Clean all fioox drains i i Packet Pg. 203 B. INTERIORBUILDINGMAINTENANCE Quarterly 1, Stdp, clean, .rcfinish and machine polish (Director shall "approve the type of non; -skid wax) We floors CQ KITCIW-NMAINTF,NANCE Mays per week 1. Damp clean an4 sanitize all counter tops. 2< Empty, clean and sanitize all trash containers. 3. Wash and sanitize all walls, splash boards, cupboard doors, stoves, dispensers, reftigerators and other appliances, 4. Clears and sanitize stoves, ovens, other applian.cos, and food preparation surfaces. Note that special, caxe is to be taken hi the selectioxt of products used in the food prepamtioa areas, 5, Tilorou.g4ly coop and'disinfect: fiooxs, taking care to cleats comers and amend other obstacles. 6. Inspect artdrefill'all dispensers, D. RESTROOM MAINTENANCE days per week A l xestxoona.s sball be cleaned thotougbly in accordance with the following tasks: 1. Pick up &brls and trash, theti sweep floor, Removed materials are not to be swept outside of the restroom. 2, jimpty trash and napkiu receptacles, replace liners as needed. 3. Check and refill all dispensers as needed, 4. Replace burnt out light bulbs or tubes, inside of restroom aad secndty lights outside. S_ Remove art graffiti using graffiti removal materials or other scrubbing techniques. G. Romove spitballs, cobwebs, and other foreign materials from doors, walls, ceiling, paztitions, vents, etc. 7. Do high and low dusting of ledges, tops of partitions, etc. using a dampened cloth or other device. 8. Disirafaet the inside of urinals and toilets. 9, Disinfect the tbp aid bottom of toilet seats, fixtures, and surfaces of hnd surrotmding each fixture. 10. Disinfect: and completely wipe dry All partitions, doors, door frames, metal plates, handles and. hinges. 1.1. Disinfect around mInals, under sijiks, aroimd floor drains, and outer areas where bacteria aright: breed, 12. Disinfect sluks, dispensers, receptacles, trash containers, and walls around such areas. 13, Mail mirrors, 14. S rmb andameath sink and disxnfoct, Scrub sinks and wipe dry. Use a 'small scrub btgmh to eleaA corners, crai*g, and narrow areas. 13. Scrub ivai.de surfacos of toilets and urinals. Be sure to scrub upper lip. po xtot flush. 16. Scxub outside of toilets, urinals, aiid rear wall. 17, Wipo toilet seats, toilet bowls, uJaals and fixtures until. dry, 1.8. Dlsinfect and mop floors, making sure that cornets, drains, areas around toilets, and Xeet of Loavc, the floor as dry as posslble. 19. \Vzpe off cave baso and remoKtc mop strands Vaught around posts, s,tc. i 20. Replace receptacles and trash coitainrrr, following their clearai-ng, 21. Deodorize tate restxoozis< 22" lb mediately notify Director of any irregularities or hazards, 23. if running water, broken fixtures or plugged sower li-aes cannot be normalized or isolated, the testrobin is to be locked_ and the Director immtdiately notified. I i Packet Pg. 204 a 24. All aroas Eire to be left clean.and*ee of streaks, stains, film., debris, water spots, and odors. .All fixtures shall be clean, including piping. 25. Make sure that supplies azo in their appropriato ciispeusers wid in adequate amounts to meet the demand_ 25. Ail leaking fixtures; clogged drains; staliped up or damaged basins, toilets, nr urinals; and damaged or mope able lighting fixtntes that cannot be. repaired by the following shall be reported to the Director: (a) tightened to stop leaks; (b) unclogged by using a "plumber's helper" or short: snake. 27, porform the following tasks prior to corrninencang the task idendfled above; a. Using a. bowl clanger, descale and dissolve water rings on urinal surfaces and under the flar'lling rim allowing the bowl cleaner to soak for 20 to 30 mutes. Da not flash., b., Using a bowl cleaner, descalo and d'issol've water rings on urinal surfaces and under the fl4shiBg rim allowing the bowl Gleal er to soak for 20 to 30 minutes. Do not flush. c. Following the soaking pufiod, scrub the bowls and Urinals to remove deposits and stains and then flush the toilet bov;wls anal axinals. 28. -Use only Materials that are not caustic or damaging to the fixtwes being cleaned. 29. Clean light fixture covers. Packet Pg. 205 Agenda #: 6.11 Meeting Date: June 20, 2017 CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Managers {� 6.11 AGENDA REPORT TITLE: AWARD OF CONSTRUCTION ADMINISTRATION SERVICES CONTRACT FOR THE AREA 5 RESIDENTIAL AND COLLECTOR STREET REHABILITATION PRO ECT AND THE BREA CANYON CUT OFF DRAINAGE IMPROVEMENT AND PAVEMENT REHABILITATION PRO ECT TO ONWARD ENGINEERING, INC. IN THE AMOUNT OF $107,276.00 AND AUTHORI E A CONTINGENCY AMOUNT OF $10,727.00 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORI ATION AMOUNT OF $118,003.00. RECOMMENDATION: Award. FINANCIAL IMPACT: The approved FY 17-18 Capital Improvement Program budget for the Area 5 Residential and Collector Street Rehabilitation Project includes $1,025,000 of Measure R Funds, $169,000 of Gas Tax Funds, $290,790 of Traffic Improvement Funds, $141,740 of Prop A Exchange Funds, $68,000 of Hauler Fees, and $5,470 of General Funds for a total allocation of $1,700,000 for construction and construction administration. Area 5 Residential Rehabilitation Budget Encumbrance/ Expenses Balance Measure R Funds $1,025,000 $1,025,000 Gas Tax Funds $169,000 $1,194,000 Traffic Improvement Funds $290,790 $1,484,790 Prop A Exchange Funds $141,740 $1,626,530 Hauler Fees $68,000 $1,694,530 General Funds $5,470 $1,700,000 Packet Pg. 206 6.11 Construction Contract Budget ($1,531,382.50) $168,617.50 Construction Contingency (7.5%) $340,000 ($114,853.69) $53,763.81 Construction Administration/ Inspection (Onward Engineering) ($48,500) $5,263.81 Construction Administration/ Inspection (10% Contingency) ($4,850) $413.81 Balance ($58,776) $413.81 The approved FY 17-18 Capital Improvement Program budget for the Brea Canyon Cut- off Drainage Improvement and Pavement Rehabilitation Project includes $340,000 of Prop A Exchange Funds for construction and construction administration. Brea Canyon Cut-off Improvement Budget Encumbrance/ Expenses Balance Prop A Exchange $340,000 $340,000 Construction Contract ($199,800) $140,200 Construction Contingency (10%) ($19,980) $120,220 Construction Administration/ Inspection (Onward Engineering) ($58,776) $61,444 Construction Administration/ Inspection (10% Contingency) ($5,877) $55,567 Balance $55,567 The contingency amount of $10,727.00 for Onward Engineering, Inc. will only be used in the event of unforeseen circumstances that will warrant a contract change order. BACKGROUND/DISCUSSION: The project objective is to rehabilitate approximately 16.6 centerline miles of residential & collector roadways with slurry seal/chip seal or grind and overlay application and to remove/repair isolated damaged AC pavement in Area 5 as shown in the attached Exhibit B. The current Pavement Management System Report identified several streets including cul-de-sacs within Area 5 to be in substandard condition. Due to these pavement conditions, using slurry seal alone will not be an effective pavement maintenance treatment. Therefore, these identified roadway segments will receive a chip seal treatment in addition to the normal slurry treatment which, when combined, is referred to as a "cape seal". Other roadway segments will receive an edge grind and AC overlay treatment or slurry seal. In August 2015, a Citywide Comprehensive Drainage Study was prepared to analyze the cause and to develop conceptual solutions for 11 locations throughout the City that Packet Pg. 207 6.11 have been experiencing groundwater discharge onto the public sidewalk and/or roadways. Based on this Drainage Study, the sub -drain improvements at the intersection of Brea Canyon Cut-off Road and Oak Crest Drive will be incorporated as part of the street rehabilitation improvements along Brea Canyon Cut-off Road between the City Limit and Fallow Field Drive. On June 6, 2017, eight (8) proposals were received for the Construction Administration/Inspection Services for the Residential and Collector Area 5 Street Rehabilitation Project and Brea Canyon Cut-off Road Drainage Improvement and Rehabilitation Project in response to the City's Request for Proposals (RFP) released on May 18, 2017. The table below lists the proposed fees from these professional engineering consultants: * Non Responsive The proposals from RKA Consulting Group and GK & Associates did not meet the minimum number of construction management and construction inspection hours required in the RFP therefore were deemed non responsive. All proposals were reviewed and evaluated based on 1) general responsiveness to the City's RFP, 2) staff and firm experience with projects in similar size and scope, 3) approach/methodology, 4) hours and level of effort, 5) ability to meet the City's schedule and expectations, and 6) references. Staff unanimously concluded that Onward Engineering included a very detailed project approach to meeting the goals of the City's project requirements identified in the RFP. Additionally, Onward Engineering has extensive experience in working with the City as they have completed other construction administrative services contracts of similar projects within the City. Staff verified that the proposed hours from Onward Engineering are adequate for the construction of Area 5 Residential and Collector Road Maintenance Project and Brea Canyon Cut-off Road Drainage Improvement and Rehabilitation Project. Onward Engineering, Inc. has proposed a qualified construction Packet Pg. 208 Total Construction Consultant Administration/Inspection Services Fees Onward Engineering, Inc. $ 107,276.00 Infrastructure Engineers $122,210.00 Southstar Engineering & $144,255.00 Consulting, Inc. DUDEK $151,400.00 CivilSource An NV5 $176,475.00 Company Transtech $192,600.00 RKA Consulting Group $48,370.00 * GK & Associates $55,800.00 * * Non Responsive The proposals from RKA Consulting Group and GK & Associates did not meet the minimum number of construction management and construction inspection hours required in the RFP therefore were deemed non responsive. All proposals were reviewed and evaluated based on 1) general responsiveness to the City's RFP, 2) staff and firm experience with projects in similar size and scope, 3) approach/methodology, 4) hours and level of effort, 5) ability to meet the City's schedule and expectations, and 6) references. Staff unanimously concluded that Onward Engineering included a very detailed project approach to meeting the goals of the City's project requirements identified in the RFP. Additionally, Onward Engineering has extensive experience in working with the City as they have completed other construction administrative services contracts of similar projects within the City. Staff verified that the proposed hours from Onward Engineering are adequate for the construction of Area 5 Residential and Collector Road Maintenance Project and Brea Canyon Cut-off Road Drainage Improvement and Rehabilitation Project. Onward Engineering, Inc. has proposed a qualified construction Packet Pg. 208 management team. Based on similar Residential Rehabilitation Projects completed within the City, staff is confident that Onward Engineering, Inc. can perform the work within the allotted hours as identified in their work plan and schedule. Attached Exhibit "A" and Exhibit "C" are the Consulting Service Agreement with the firm's scope of service and fee schedules. Onward Engineering scope of work includes: • Utility Coordination throughout the duration of the contract • Labor Compliance • Community Coordination • Job Safety Compliance • Construction Inspection • Material Testing • Traffic Control Review and Inspection • Change Order Reviews • Progress Payment Review Staff verified that the proposed inspector for the Area 5 Residential and Collector Road Maintenance Project and Brea Canyon Cut-off Road Drainage Improvement and Rehabilitation Project is an employee of Onward Engineering, Inc. and will be receiving prevailing wage rate for an inspector. Furthermore, staff confirmed that Onward Engineering, Inc. is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. The tentative schedule of this project is as follows: Award of Contract Notice to Proceed/Begin Construction Completion of Construction PREPARED BY: 74MI-M Ro OL204. AF -.4-Leu rffrKW John Beshay, Associate Enginee 6/2012017 June 20, 2017 July 2017 September 2017 6.11 Packet Pg. 209 REVIEWED BY: imberly Young, S for Civil Engi r 6113/2017 AfArA ansa oneywell, Finan irector 6/1412017 '02 ja-z/ A". k-1Wad art;,"�►,rt,; d:n ector 6/13/2017 Attachments: 1. 6.11.a Exhibit A_ CONSULTING SERVICES AGREEMENT 2. 6.11.b EXHIBIT B_ Project Map 3. 6.11.c Exhibit C_ Onward Engineering Scope of Work 6.11 Packet Pg. 210 6.11.a CONSULTING SERVICES 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 ONWARD ENGINEERING INC. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY". 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. David G. Liu, Director of Public Works and/or his designee 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 une 20, 2017 and shall continue unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the 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 One Hundred Seven Thousand Two Hundred Seventy Six dollars and ero cents ($107,276.00) 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. Packet Pg. 211 6.11.a C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% 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. 2 Packet Pg. 212 6.11.a 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. 3 Packet Pg. 213 6.11.a 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 4 Packet Pg. 214 6.11.a 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. s Packet Pg. 215 6.11.a 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. 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 Packet Pg. 216 6.11.a qualified to perform such services. Except as otherwise authorized by the City's Project Manager, David G. Liu, Director of Public Works and/or his designee 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 E ual 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. 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. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. Packet Pg. 217 6.11.a The 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. 19. 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 two hundred forty five (245) calendar days from such date or as may otherwise be agreed to by and between the City's Project Manager and the Consultant. 20. 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. 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. Attorneys Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the s Packet Pg. 218 6.11.a 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" Onward Engineering 300 S. Harbor Blvd, Ste. 814 Anaheim, CA 92805 Attn.: Majdi Ataya, P.E. Phone: (714)533-3050 E -Mail: MAtaya@oe-eng.com "CITY' City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: David G. Liu, P.E. Phone: (909)839-7040 E-mail: DLiu@DiamondBarCA.Gov 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. Packet Pg. 219 6.11.a IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" Onward Engineering CITY OF DIAMOND BAR By: Printed Name: Title: By: Printed Title: Name: Approved as to form: By: David A. DeBerry, City Attorney By: James DeStefano, City Manager ATTEST: Tommye Cribbins, City Clerk *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. 10 Packet Pg. 220 6.11.b EXHIBIT "B" Citywide Residential Murry Seal Program BREA CYN CUT-OFF BETWEEN PATHFINDER AND , /2 FALLOW FIEL Packet Pg. 221 PROJECT SCHEDULE REVIEW The CM will review schedule updates. The CM will compare work progress with planned schedule and notify the Contractor of any slippages and pursue options to get the Contractor back on schedule. The CM will obtain weekly updates from Contractor that incorporate progress, weather delays, and CCO impacts. The CM will assist the City in negotiating time extensions and submit monthly progress reports to the City with a narrative on the progress and complete Earned Value Analysis. The Construction Inspector will review construction progress schedules regularly, verify schedules are on track, identify deviations, and ensure corrective actions are taken to bring the project back on schedule. BENEFITS Provides a solid baseline schedule for planning and analysis of project during the construction phase. DELIVERABLES Construction schedule updates COMMUNITY COORDINATION The CM shall serve as primary contact and authority for this task. Respond to questions and concerns of community, and coordinate with the Inspector,to ensure project notices and signs are updated. The CM will assist the City with coordinating services of other consultants and review Public Notices to ensure accuracy and to avoid business impacts. The CM will notify the City's Project Manager with any significant issue, and work with the Inspector to compile a log of all queries and discussions with business Community. The Construction Inspector will work with the Contractor to update signs within project limits, and coordinate with the Contractor, safe and acceptable access to adjacent businesses during construction. The Inspector will coordinate the mitigation of construction impacts with all necessary parties, and ensure all Public Notices are distributed to each business affected by the project. BENEFITS Minimizes construction impact to residents and businesses. DEUVERAIBLES Community coordination records to include business name, contact, phone number, address, discussion notes including date of discussion, and action taken. CONSTRUCTION INSPECTION The CM will work closely with the Construction Inspector and review Daily Construction Reports (DCRs) provided by the Inspector. The Construction Inspector will provide continuous inspections so the project is constructed per specifications. The Construction Inspector will also prepare DCRs and WSWD, monitor compliance with City's Construction Demolition & Recycling Ordinance, review soil compaction and materials testing certifications of compliance, and coordinate with the City regarding quality of work completed. Take photos and video prior, during, and after construction, and prepare a Daily Photo Diary which will be available with the DCR in real-time to the City. The Inspector will prepare field blue -line set of drawings to incorporate Contractor record drawing markups. Lastly, assist in monthly progress payment recommendations by making measurements of bid items. 3ENE1=ITS Ensures active monitoring and documentation of jobsite and project progress. Also, provides notes on labor, weather, progress, key items, and field observations. Clear documentation of existing condition, progress of construction, and final field conditions. DE! iVI RABLES Daily reports, weekly statement of working days, daily photo diary, raw image files & video. 6.11.c Area 5 Rehabilitation and Brea Canyon Cutoff Drainage & Street Improvements in the City of Diamond Bar 11 Packet Pg. 222 GEOTECHNICAL INSPECTION QE has teamed with GeoMat to provide geotechnical inspections on this project. We have assumed 6 half days and 6 Rall -days of geotechnical inspection. We will collect 8 samples for maximum density testing, 2 maximum theoretical specific gravity tests, 2 oil extraction tests, 2 gradation tests, 2 sand equivalent tests, 4 wet abrasion tests, and preparation of a compaction report. DELIVERABLES Compaction report. CONSTRUCTION STAKING OE has teamed with CL Surveying and Mapping to provide construction staking. CL Surveying will place stakes for ADA ramps and at critical points as deemed necessary. CL Survey will also provide a layout of the critical tie-in points for the limits of removal of existing asphalt and PCC improvements. TRAFFIC CONTROL The CM will coordinate with the Inspector to ensure proper implementation of traffic control. The Construction Inspector will provide inspection of traffic -related work and installations. Monitor traffic control to ensure pedestrian/vehicular safety, minimal disruption, safe access, and traffic control, provide inspection of all traffic -related work. EENEFTS Allows us to maintain safe traffic flows during construction. DELI E --R BES Traffic control notes. JOB SAFETY COMPLIANCE The CM will work with the contractor to implement job safety procedures in compliance with CAL -OSHA requirements, and monitor Contractors compliance with established safety protocol. The Construction Inspector will monitor job safety procedures in compliance with CAL - OSHA requirements, monitor contractors 6.11.c compliance with established safety program, document deficiencies and hazards, and investigate, report on accidents, observe construction safety, public safety and convenience, and report discovered problems to the City. BENEFITS Ensures a safe and successful construction project from inception to completion. Also, ensure full federal, state and local safety standard compliance. DELIVERABLES Safety infraction reports. CHANGE ORDERS The CM will establish, implement and coordinate systems for processing all contract change orders. Review and evaluate, via an independent cost estimate, cost proposals submitted by the contractor for all contract change orders. The CM will negotiate CCO and prepare using City's standard format and give recommendations. Quantity and cost analysis will be performed for negotiation of CCOs. The CM will also analyze any additional claims and perform claims administration including coordinating, monitoring, logging, and tracking claim status. The CM will also evaluate cost reduction proposals and provide recommendations to the City. The inspector will maintain data for change orders and record information regarding time of dispute, time of notification by contractor. BENE i=1 T S Provides clear documentation review and recommendation for change orders to maximize value of contract. DELIVERABLES Change order notes and recommendations. PROGRESS PAYMENTS The CM will track quantities of work completed for progress payment, develop & implement procedures for review & process of progress payment applications, assist the City with review, certification, and process of payments. Area 5 Rehabilitation and Brea Canyon Cutoff Drainage & Street Improvements in the City of Diamond Bar 12 Packet Pg. 223 The CM will keep track of monthly progress and access the contractors' progress payment applications. If the CM notes any discrepancies, the differences will be negotiated with the contractor before processing payments through the City's PM. BENEF7S Provide accurate measurements of work completed by the Contractor. DEUVERAELES Ensure accurate records are kept of actual quantities installed, provide back- up. LABOR COMPLIANCE The CM will monitor compliance with Prevailing Wages, and ensure compliance with Federal Labor Laws &the Davis -Bacon Act. The CM will ensure contractors submit certified payroll reports and that labor/hours reported by the Contractor match DCRs. The Construction Inspector will conduct field construction employee interviews, and verify & document job -site posting of wage rate information & labor compliance posters. BENEHTS Ensures full grant funding compliance. DELIVER�,BLES Contractor Certified Payroll Records, CM payroll review notes, employee interview forms, interview reports. CONSTRUCTION DOCUMENTATION The CM will establish job control documents: DCRs, weekly and biweekly status reports, weekly statement of working days, construction change orders, and certified payroll records and labor compliance documents. The CM will receive, log, and document monthly construction payments, material receipts, weigh certificates, and material submittals. Our Construction Inspector will maintain coordination with the CM for all project records, including but not limited to: DCRs, correspondence, submittals, CCOs, progress payments, Lab and Field Test Reports, Materials Delivery Tickets and Compliance Certification, Progress Reports, Progress Photos, and Meeting Minutes, guarantees, certifications, affidavits, leases, easements, deeds, O&M manuals warranties, and all other necessary documents. This information is made available to the City in real time using our cloud -based system Box Enterprise. IAF€ _IVERA LES City will receive copies of all construction documents FINAL WALKTH ROUGH& INSPECTION The CM will recommend and conduct final inspection with the City staff and project design consultant. The Construction Inspector will conduct final inspection and close-out encroachment and construction permits. RENW1=ITS Confirmation to all stakeholders of completion of work. AS -BUILT PLANS The CM will maintain "as -built" work records and activities during construction. Transmit Contractor and IOR red -lines for incorporation into As -Built Plans, review plans to ensure accuracy and quality, and deliver as -built drawings to City. The Construction Inspector will review the Contractor's as-builts daily and ensure the Contractor keeps these records up to date throughout construction. The Inspector will coordinate preparation and submittal of as- builts. BEI EF1; S Representation & documentation of field changes made during construction & accurate records. DELI`JERAB ES Inspector and Contractor Red- lines, designer coordination records, final as - built documentation. 6.11.c Area 5 Rehabilitation and Brea Canyon Cutoff Drainage & Street Improvements in the City of Diamond Bar 13 Packet Pg. 224 WATER QUALITY & SWPPP The Construction Inspector shall monitor and enforce the Contractor compliance with Water Quality Control Plans. The Inspector will also oversee Contractor's Storm Water Pollution Prevention (SWPPP) responsibilities. BENEFITS Clear communication and records. PUNCH LISTS &NQN-COMPLIANCE ITEMS The CM will issue preliminary & final punch list and monitor and follow-through with contractor until completion of punch list items. The CM will review and distribute the Inspector's notes regarding non-compliant work items and recommend mitigating procedures for fixing non-compliance. The CM will also finalize the bid items, claims, change orders, punch list items, correct shop drawings, and oversee the completion of record drawings. The Construction Inspector will prepare in - progress punch lists at completion of each project phase until completion. The Inspector will direct and notify contractors about non- compliance and correct compliance problems as discovered. BENEFITS Clear communication and records to Contractor. All non-compliant items are noted and fixed prior to notice of completion. DELIVERABLES Preliminary and Final Punch lists. Inspector's Non -Compliance Notice, Non - Compliance Notes, COMPLETION RECOMMENDATIONS The CM will evaluate completion of work and recommend final inspection. This includes preparing the Report of Expenditures Checklist and necessary attachments. The CM will also provide support for construction claims analysis and litigation and will be available for any audits including internal City audits. 6.11.c The Construction Inspector will provide notes and concurrence to the CM regarding completion of all field work. BENEFITS Work is completed as specified. DELIVERABLES Completion recommendation, final report of completion. FINAL PAYMENT REQUEST The CM will review and process request for final payment and release retention. Develop a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes and identify variances between costs. The Construction Inspector will confirm final field quantities to the CM. The Inspector will provide complete measurements and calculations to administer progress payments and make recommendations for payments. BENEFITS Ensure payment is provided to Contractor, organized cost tracking data DELIVERABLES Final Payment recommendation SUBMIT PROJECT FILES The CM will maintain a project filing system in compliance with Caltrans LAPM, finalize and deliver all project files, records, exhibits, coordination documentation and submittals to the City for final review/archiving. The Construction Inspector will maintain field notes and provide all field inspection notes, as- builts, pictures, material tickets, permits and other documents. BENEFITS Provides a sole source location for the entire project's records, active monitoring and documentation of jobsite and project progress. DELIVERABLES Final project files per LAPM, final project report, as -built and digital set of drawings, construction files. Area 5 Rehabilitation and Brea Canyon Cutoff Drainage & Street Improvements in the City of Diamond Bar 14 Packet Pg. 225 R"' E Q U I R E IVI E N T %S% Area 5 Rehabilitation and Brea Canyon Cutoff Drainage & Street Improvements in the City of Diamond Bar 15 Agenda #: 6.12 Meeting Date: June 20, 2017 CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Managers {� 6.12 AGENDA REPORT TITLE: APPROVAL OF AMENDMENT 3 TO AGREEMENT WITH TENNIS ANYONE TO E TEND THE CONTRACT PERIOD TO ULY 1, 2017 THROUGH UNE 30, 2018 IN THE AMOUNT OF $70,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds to pay for this contract come from revenue collected from participants who take tennis instruction classes in the City's Recreation Program. Total estimated revenue for the 2017/2018 Fiscal Year from tennis instruction is $107,000. From this amount, $70,000 is paid to the contractor and $37,000 is retained by the City. Actual revenue and instructor payments will depend upon how many people actually sign up for the tennis instruction classes during the 2017/2018 fiscal year. BACKGROUND: The City Council awarded a contract to Tennis Anyone on July 1, 2014 to provide tennis classes in Diamond Bar for the period of July 1, 2014 through June 30, 2015. Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. City Council approved Amendment #1 on June 16, 2015 and Amendment #2 on June 7, 2016. Staff is seeking City Council approval to extend the contract for the period of July 1, 2017 through June 30, 2018 in the amount not -to -exceed $70,000. DISCUSSION: Tennis Anyone has continued to provide quality tennis instruction programs for the Diamond Bar Community. Staff therefore recommends that the City Council award the contract to Tennis Anyone for the 2017/2018 Fiscal Year in the amount of $70,000. Per the City's Purchasing Ordinance, awards for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $40,000 without prior approval from the City Council. This contract amount is based on the pattern of increasing enrollment during the last three Fiscal Years. Packet Pg. 227 PREPARED BY: Christy MurphetWecreation SqOerinten&nt 6/2012017 D rf A Aw Iff'o /Za AAOa "AIJA Aff 1 yacLean 6/15/2017 Iranna oneywelI, Finan Director 6/15/2017 Attachments: 1. 6.12.a Tennis Anyone Agreement FY 14.15 2. 6.12.b Tennis Anyone -- Contract Amendment #3 FY 17.18 6.12 Packet Pg. 228 6.12.a TENNIS INSTRUCTION SERVICE AGREEMENT THIS AGREEMENT is made as of July 1, 2_014 by and between the City of Diamond Bar, a municipal corporation ("City") and TennisAnyon ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposals dated May 27, 2014. B. Contractor represents that it is fully qualified to perform such tennis instruction services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: L Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" the City's request for proposals dated, May 27, 2014. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit "B" and as supplemented in quarterly class schedules provided by the City Manager, or his designee. Services commence when instructor arrives at designated assignment site, and cease when official departs said site. Services do not involve any travel or transportation whatsoever. 2. Terni of Agreement. This Contract shall take effect July 1, 2014, and shall continue until June 30, 2015 unless earlier terminated pursuant to the provisions herein. By mutual agreement and consent of City and Contractor, this agreement may be extended for up to five (5), one (1) year increments. Conditions and fees to be negotiated at time of extension, as amended. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this. Agreement shall not exceed seventy thousand dollars57500 annually, 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Contractor: Bill Bush City of Diamond Bar Tennis Anyone 21810 Copley Drive 15670 Portenza. Dive Diamond Bar, California 91765 Fontana, CA 92336 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor 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 small have control over the conduct of Contractor or Packet Pg. 229 any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, 6.12.a maturer, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor represents that he does not have any employees nor will lie have any employees during the term of this contract. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. . Indemnification. Contractor agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Contractor, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. in the event there is more than one person or entity named in the Agreement as -a Contractor, then al obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full -force and effect, with an insurance company admitted to do business in California and approved by the City a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of set -vices under this Agreement. Contractor shall require contracting instructors to carry automobile insurance per State of California law; City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. Packet Pg. 230 6.12.a C. Contractor shall submit to City insurance certificates indicating compliance with the minimum insurance policy endorsements indicating compliance with all minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor 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. Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. 11. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. Contractor may terminate this Agreement with or without cause upon ninety (90) days written notice to the City. The effective date of termination shall be upon the date specified in the notice of termination. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of tennination, Contractor shall discontinue performing services. 12. Personnel. Contractor 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 Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 13. Nan -Discrimination and Equal Employment Opportunity. A. Contractor 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. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor 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. Contractor will cause the foregoing provisions to be insciled in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard comineivial . si3pplies or raw materials. Packet Pg. 231 6.12.a 14. Assignment. Contractor shall not assign or transfer any interest in this Agreement performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void -and of no effect. 15. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local goverinnents. 16. 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 Contractor 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 Contractor, and the making of any such payment by City shall in noway impair or prejudice any right or remedy available to City with regard to such breach or default. 17. 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. IS. 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. 19. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. 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. 21, Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Cleric, 22. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: By:_._ k - Tomnlye Crilbbins City Clerk CITY OF DIAMOND BAR By; Carol Herrera Mayor Packet Pg. 232 "CONTRACTOR" By: vW Xk - L r Its:. (1. k 6.12.a Packet Pg. 233 6.12.b AMENDMENT 3 TO TENNIS INSTRUCTION SERVICE AGREEMENT THIS AMENDMENT #3 TO TENNIS INSTRUCTION SERVICE AGREEMENT is made this 20'" day of June, 2017 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and TENNIS ANYONE (CONTRACTOR). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective JULY 1, 2014 ("the AGREEMENT") for recreational tennis instruction. b. Parties agreed to Amendment #1 extending the term from July 1, 2015 through June 30, 2016. C. Parties agreed to Amendment #2 extending the term from July 1, 2016 through June 30, 2017. d. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 - Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2017 through June 30, 2018. Section 2 - Compensation provided in Section 3 of the AGREEMENT is revised to an amount not -to -exceed $70,000 for the term of July 1, 2017 to June 30, 2018. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #3 TO AGREEMENT on the date and year first written above. I-,,%aIONI CITY OF DIAMOND BAR A Municipal Corporation Of the State of California TENNIS ANYONE Contractor Signed Signed Jimmy Lin Mayor APPROVED TO FORM City Attorney Title City Clerk Packet Pg. 235 Agenda #: 6.13 Meeting Date: June 20, 2017 CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager 6.13 AGENDA REPORT TITLE: APPROVE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LABOR AND CONTRACT COMPLIANCE SERVICES, INCREASING THE CONTRACT BY $35,100 FOR FY2017 18 FOR A TOTAL NOT TO E CEED COST OF $55,384. RECOMMENDATION: Approve. FINANCIAL IMPACT: The Community Development Block Grant (CDBG) consulting services are paid for by CDBG funds and do not impact the general fund. Funding is allocated as part of the adopted FY2017-18 budget. BACKGROUND: The City receives annual Community Development Block Grant (CDBG) funds disbursed through the Los Angeles County Community Development Commission (CDC). The funds are used for a variety of capital and service based programs, such as park and sidewalk ADA improvements. As a contract City, Diamond Bar has utilized professional consultants to provide labor and contract compliance services to oversee use of CDBG funds and ensure compliance with federal and CDC rules and regulations. DISCUSSION: The City's current agreement with Diana Cho and Associates is set to expire June 30, 2017. In April 2016, a comprehensive RFP and selection process resulted in the award of an agreement with Diana Cho and Associates for the current FY2016-17. The agreement allows for up to four one-year extensions. Based on the exceptional services provided by Diana Cho and Associates during the current agreement, and the firm providing the most cost-effective proposal, it is recommended the City award a one-year Amendment to the Agreement with Diana Cho and Associates. The amendment will provide for additional resources of $35,100 for FY2017-18, with a total not -to -exceed cost of $55,384. Packet Pg. 236 PREPARED BY: AV AV( WRY7 Santos, As ant to the CR7 Manager 612 0126-1-7- W617 Attachments: 1. 6.13.a Diana Cho & Associates Amendment 1 6-20-17 2. 6.13.b Diana Cho & Associates Agreement 6.13 Packet Pg. 237 6.13.a FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT The First Amendment to Consultant Services Agreement ("Amendment") is executed as of June 20, 2017 by and between the City of Diamond Bar, California, a municipal corporation ("City"), and Diana Cho & Associates, (herein referred to as the "Consultant"). RECITALS A. The City and the Consultant entered into that certain Consultant Services Agreement ("Agreement") dated as of July 1, 2016, which is incorporated herein by this reference (the "Original Agreement); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Section 2 is amended to read as follows: 2. Term of Agreement. This First Agreement shall extend the Original Agreement to June 30, 2018 as set forth under Section 2 of the Original Agreement. This First Amendment shall take effect July 1, 2017, and shall continue until June 30, 2018 unless earlier terminated pursuant to the provisions herein. 3. Section 3 is amended to read as follows: 3. Compensation. The total not -to -exceed compensation set forth in Section 3 of the Original Agreement was the sum of Twenty -thousand two hundred eighty four dollars ($20,284). Section 3 of the Original Agreement is hereby amended to provide for an increase of Thirty-five one hundred dollars ($35,100), so that the total not -to -exceed compensation as amended by the First Amendment shall not exceed Fifty-five three hundred eighty-four dollars ($55,384) without prior authorization of the City. 4. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. Packet Pg. 238 6.13.a IN WITNESS hereof, the parties have executed this Amendment as of the date and year first written above. "CONSULTANT" DIANA CHO & ASSOCIATES By: Printed Name: Title: By: Printed Name: Title: "CITY" CITY OF DIAMOND BAR By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: 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. Packet Pg. 239 6.13. b CONSULTING SERVICES AGREEMENT CDBG Program Management and Administration Consulting Services THIS AGREEMENT (the "Agreement") is made as of t , 2016, by and between the City of Diamond Bar, a municipal corporation ("City") and Diana Cho and Associates ("Consultant"). RECITALS I. 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. James DeStefano, City Manager, (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 Manager to the extent required by the City Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City Manager. 2. Terra of Agreement. This Agreement shall take effect July 1, 2016, and shall continue until June 30, 2017 unless earlier terminated pursuant to the provisions herein. This Agreement may be extended upon request and approval by the CITY on an annual basis for an additional forty-eight (48) months until June 30, 2021. 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 Twenty -thousand two hundred eighty four dollars ($20,284) 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. Ail 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 30% 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. Packet Pg. 240 6.13. b D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Records and Audits The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or any authorized -representative, and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. (24 CFR Part 84, Sec. 84.53) 6. Reserved 7. 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. 8. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and the attached Exhibit "A", the provisions of this Agreement shall control. 9. 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, except as specifically provided herein. 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 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, State or other 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 findings of an employee relationship 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. 2 Packet Pg. 241 6.13. b 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. 10. 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. 11. 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. 12. Insurance. A. -- -Consultant shallatall 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 3 Packet Pg. 242 6.13. b 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; and (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. 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 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. 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. 4 Packet Pg. 243 6.13. b H, Failure to Maintain Insurance. If Consultant 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 Contractor. L 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. 13. 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. 14. 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, 15. 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 five (5) 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. 16. 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. 5 Packet Pg. 244 6.13. b 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. 17. 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. 18. [Reserved] 19. 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. D, Executive Order 11246 requires that during the performance of this Agreement, Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Consultant setting forth the provisions of this nondiscrimination clause. E. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and 6 Packet Pg. 245 6.13. b contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. F, Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. G, Section 199, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title. H. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply. 20. Reserved 21. 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. 22. Reserved 23. 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. 24. 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. 25. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 26. 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. 7 Packet Pg. 246 6.13. b 27. 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. 28. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 29. 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" Diana Cho and Associates 16716 Rocky Knoll Road Hacienda Heights, CA 91745 Attn.: Diana Cho Phone: (626) 374-2184 E-mail: dcho.associates@aol.com ICCIWi1 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: James DeStefano City Manager Phone: (909) 839-7010 E-mail: JDeStefano@DiamondBarCA.gov 30. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 31. 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. 32. County Lobbying Certification. The Consultant certifies that: A. It is understood that each person/entity/firm who applies for a Community Development Commission contract, as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 9.-0031) and; S Packet Pg. 247 6.13. b B. That all persons/entity/firm who seek a contract with the Community Development Commission shall be disqualified therefrom and denied that contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. 33. Consultant's Warranty of Compliance with County's Defaulted Property Tax Reduction Program; A. The Consultant acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Consultant qualifies for an exemption or exclusion, the Consultant warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Agreement will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. B. Failure of the Consultant to maintain compliance with the requirements set forth in the "County's Defaulted Property Tax Reduction Program " shall constitute default under this Agreement. Without limiting the rights and remedies available to the City under any other provision of this Agreement, failure of the Consultant to cure such default within 10 days of notice shall be grounds upon which the City may suspend or terminate this Agreement pursuant to the County's Defaulted Property Tax Reduction Program found at Los Angeles County Ordinance No. 2.009-0026 and codified at Los Angeles County Code, Chapter 2.206. 34. Lobbying Certification. The Consultant certifies that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of any Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. B. If any- funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form -LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions. C. The Consultant shall require that the language of this certification be included in all subcontracts and that all subcontracts shall certify and disclose accordingly. 35. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral `or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or 9 Packet Pg. 248 6.13. b 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 WHEREOF, the parties have executed this Agreement as of the date first written above. "Consultant" Printed Name: -b � ongk Cko Title pry e%CA Printed Name: Title: Approved as to form: „City" CITY OF DIAMOND BAR By: J'aKes DeStef +, City Manager ATTEST: Tommye A, Cribbins, City Clerk *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. 10 Packet Pg. 249 6.13. b EXHIBIT "A" SCOPE OF SERVICES [Beneath this sheet.] 11 Packet Pg. 250 May 6, 2016 Mrs. Tommye Cribbins City Clerk City of Diamond Bar 21810 Copley Drive Diamond Bar, California 91765 Subject: Request for Proposal Project Administration Services for the Community Development Black Grant (CDBG) Program Dear Mrs. Cribbins: Diana Cho and Associates is pleased to submit a proposal to provide project administration services for the City of Diamond Bar's Community Development Block Grant (CDBG) Program. We are extremely responsive to the needs of our clients as our primary Boal is to assist cities in operating successful CDBG Programs. Since 1986, Cho and Associates has 'offered extensive administrative and financial management services to cities requiring assistance in the CDBG Program. We are currently contracted by the Cities of Diamond Bar, Bell Gardens, Maywood, South Pasadena, La Habra Heights, and Bell to provide CDBG program services. As CDBG' consultants, Cho and Associates provide assistance with preparing Exhibit AI.Agreements to Implement documents, CDBG Funding Requests, professional services agreements, construction bid documents, U. S. Department of Housing and Urban Development (HUD) and Los Angeles County Community Development Commission (LACDC) reports, and other submittals as required by the CDC. Additionally, we provide Davis -Bacon labor contract compliance and Section 3 technical assistance and the monitoring of sub - recipients for our clients. We look forward to the opportunity to continue working with the City of Diamond Bar. Please call me at (626) 374-2184 to discuss our proposal. Sincerely, 14 .Me Diana Y. Cho Principal Consultant RFP. DiamondBar05.2Q16 16716 E ROCKY KNOLL ROAD . HACIENDA HEIGHTS, CA 91745. (626) 374-2184 Packet Pg. 251 6.13. b City of Diamond Bar Proposal for CDBG Administrative Services Page 2 CONSULTANTS' EXPERIENCE AND QUALIFICATIONS Diana Cho wilt serve as the lead consultant for the City of Diamond Bar's CDBG project administration services, with assistance from associates on an as needed basis. Diana Cho has served as a CDBG consultant since 1986. She has provided CDBG administrative services and technical assistance for the Cities of Bell Gardens, Diamond Bar, Maywood, Rancho Palos Verdes, E€ Segundo, Huntington Park, Bell, and Hawaiian Gardens. As a CDBG consultant, Ms. Cho has prepared Program Guidelines, Program Planning Summaries, the Statement of Community Development Objectives and Projected Use of Funds, Comprehensive Performance Reports, Contract/ Subcontract Activity Reports, Request For Proposals and Qualifications (RFP'S and RFQs), and professional services agreements; administered Housing Rehabilitation Programs; provided Davis -Bacon labor and contract compliance and Section 3 compliance assistance; and monitored the expenditures and accounting of CDBG funds. Currently, Diana Cho provides CDBG program management services for the Cities of Diamond Bar, Bell Gardens, Maywood, and Bell, and labor and contract compliance services for the cities of South Pasadena and La Habra Heights. Ms. Cho was formerly a CDBG program manager for the Los Angeles County Community Development Commission prior to becoming a consultant. Furthermore, Ms. Cho has worked in the Community Development Block Grant Program since 1978. Ms. Cho graduated from the University of Southern California with``a Bachelor of Science in Public Affairs/Public Administration. PROPOSED SCOPE OF SERVICES Diana Cho and Associates will provide CDBG program consulting services for project administration, implementation and monitoring. The proposed CDBG services to be offered are as follows: Consultants will provide technical assistance for the administration and implementation of the City's projects and activities. ® Complete and submit the Exhibit A Input documents which describe the CDBG project, funding amount, program beneficiaries, and project location. ® Prepare and process amendments for on-going projects. Prepare public hearing notices for substantial changes in project description and/or project funding Levels. ® Coordinate with City staff to complete all projects. Prepare and process CDBG documents including Agreements to Implement for each project, contracts, and amendments. ® Prepare reports for City Council review of CDBG projects and activities. a Prepare and complete Community Development Commission reports and documents including the quarterly Performance Report, labor standards reports and Contract/ Subcontract activity reports. Packet Pg. 252 6.13.b City of Diamond Bar Proposal for CDBG Administrative Services Page 3 ® Keep City informed about current County and HUD requirements for the CDBG Program including historical preservation clearance, environmental impact review and procurement guidelines for services, supplies and equipment, if necessary. ® Review payment requests and invoices for CDBG services, supplies and equipment, if necessary. ® Review CDBG Funding Requests and Return of Program Income TransmittaLs to the County, if necessary. Monitor the drawdown of CDBG funds in order to comply with the CDC/HUD performance goals. Consultants will coordinate with staff and gather all necessary files and documentation for program monitoring and audit preparation. ® Monitor project activities for progress and compliance with program requirements. ® Develop and maintain all necessary documentation for CDBG monitoring and Single Audit. ® Assist County and Federal CDBG monitors during program performance reviews, and City auditors during Single Audit. Consultants will provide Davis -Bacon monitoring and contract compliance for CDBG- funded construction projects. ® Review construction contracts and bid specifications for compliance with Federal requirements to ensure that at[ appropriate forms are included in bid package. ® Submit construction bid document to CDC prior to advertisement of bids. Verify contractor and subcontractor eligibility. Participate in preconstruction conferences as requested by the City. Prepare and submit documents and reports required by the U.S. Department of Labor (DOL) and U.S. Department of Housing and Urban Development (HUD) for construction projects. ® Report any wage modifications, or other changes in requirements as they are issued. ® Review Weekly Certified Payroll Reports. ® Provide assistance in preparing and maintaining labor and contract compliance files for CDC and HUD monitoring. Review all construction contract files prior to project close-out. Consultants will provide Section 3 monitoring and compliance for CDBG-funded construction projects. ® Review construction contracts and bid specifications to ensure that a[[ Section 3 compliance forms are included in bid package. Packet Pg. 253 City of Diamond Bar Proposal for CDBG Administrative Services Page 4 ® Provide technical assistance to City staff regarding the objectives and requirements of Section 3. Review documentation of actions taken to comply with Section 3. ® Prepare annual Economic opportunities for Low- and Very -Low Income Persons in Connection with Assisted Projects (Section 3 Performance) report. Consultants will act as City's liaison and representative to the Community Development Commission. ® Coordinate program monitoring visits and audits. -- ® Prepare responses to CDC correspondence and monitoring findings. Submit inquiries for clarifications and determinations on behalf of the City. Consultants will ensure compliance with all applicable Federal, State and local laws and policies. Keep updated copies of CDBG regulations and handbooks at City Hall. ® Circulate CDBG information bulletins to City staff. ® Attend County and HUD seminars on program and regulatory changes. 6.13. b Packet Pg. 254 City of Diamond Bar Proposal for CDBG Administrative Services Page 5 CLIENT LIST Diana Cho and Associates provide CDBG services for the following clients: City of Diamond Bar .lames DeStefano, City Manager 21810 Copley Drive, Diamond Bar, CA 91765 (909) 839-7010 Services Provided: CDBG Administration and Contract and Labor compliance monitoring. Term of Service: 1993 to Present ® City of Bell Gardens Abel Avalos, Director of Community Development 7100 Garfield Avenue, Bell Gardens, CA 90201 (562) 806-7700 Services Provided: CDBG Administration and Section 108 Loan. Term of Service: 2004 to Present ® City of Bell Greg Tsujiuchi, Housing Manager 6330 Pine Avenue, Bell, CA 90201 (332) 588-6211 Services Provided: CDBG Administration and Contract and Labor compliance monitoring. Term of Service: 1986 to 2011 and 2014 to Present ® City of Maywood Andre Dupret, Project Manager 4319 E. Slauson Avenue, Maywood, CA 90270 (323) 562-5700 Services Provided: CDBG Administration and Contract and Labor compliance monitoring. Term of Service: 2010 to Present City of South Pasadena Shin Furukawa, Deputy Public Works Director 1414 Mission Street, South Pasadena, California 91030 (626) 403-7240 Services Provided: CDBG Contract and Labor compliance monitoring. Term of Service: 2014 to Present ® City of La Habra Heights Fabiola Huerta, Assistant to the City Manager 1245 N. Hacienda Road, La Habra Heights, CA 90631 (562) 694-6302 Services Provided: CDBG Contract and Labor compliance monitoring. Term of Service: 2015 to Present 6.13. b Packet Pg. 255 6.13. b City of Diamond Bar Proposal for CDBG Administrative Services Page 6 SCHEDULE OF FEES Cho and Associates will provide services in an amount not to exceed $30,000. The fees for consulting services are inclusive of all normal business overhead and will be as follows: Principal $ 82.00 per hour Associate - $ 75.00 per hour Diana Cho will serve as the lead consultant for providing CDBG project administrative services. The consultant will work at least one day per week at City Halt offices. Approximately five tc eight hours of consultant services will be provided each week. Additional hours can be provided if requested by the City, and upon availability of other funds in the budget. Consultants will provide any other technical assistance when required by City staff in the areas of project management and administrative assistance. Packet Pg. 256 6.13. b DIANA Y. CHO DIANA CHO AND ASSOCIATES EDUCATION B.S. Public Affairs/Public Administration University of Southern California EXPERIENCE Consultant - City of Diamond Bar City of Rancho Palos Verdes 1993 - Present 1995 - 2014 City of Bell Gardens City of Maywood 2004 - Present 2010 - Present Responsibilities and experience include providing CDBG administration; preparation of Planning Summaries, Exhibit A's, Quarterly Performance Reports (QPR), contracts and contract amendments; CDBG contract compliance services; labor compliance oversight and monitoring; preparation of HUD and DOL labor compliance reports; obtaining certifications and maintaining Davis -Bacon documentation; preparation of inquiries for clarifications and determinations on behalf of the City; preparation of responses to County Community Development Commission (CDC) correspondence; providing recommendations for eligible CDBG activities and projects; review of monthly CDBG program expenditures; preparation of staff reports and City Council resolutions pertaining to the CDBG Program; preparation of a $5 million Section 108 Loan Application; preparing and reviewing bid documents and proposals; preparing CDBG funding requests; and CDBG program assistance in the areas of program monitoring, contractor payment processing and financial audits. Consultant- Various Engineering Firms 2007 - Present Provide services as a Sub -Consultant to Interwest Consulting Group, LAE Associates, et at., for CDBG, CDBG-R and ARRA labor compliance and monitoring in conjunction with public works improvement projects. These projects included in -fill sidewalks, senior center improvements, street rehabilitation projects, and curb, gutter, and sidewalk improvement projects on an on- call basis. Consultant - City of Bell 1986 - 2011 and 2014 - Present Currently under contract with LDM Associates, Inc., to provide CDBG services for the City of Bell. Past responsibi€ities and experience included assistance in CDBG and Metro program administration; CDBG financial monitoring; CDBG, CDBG-R and ARRA labor compliance oversight and monitoring; technical assistance for the Handyworker Program and Lead and Asbestos Testing/ Abatement Program; implementing the City's Residential Rehabilitation Program; and assistance for Metro and SCAQMD AB 2766 funded projects including the preparation of project descriptions and budgets, monitoring of program expenditures and preparation of annual reports. Under contract wit Program Manager - Community Development Commission - County of Los Angeles 1983- 1986 Responsibilities included providing assistance to cities, County departments, and community- based organizations in the development and implementation of community development projects; preparing and reviewing contracts and agreements; and monitoring projects and activities. Packet Pg. 257 CERTIFICATE OF ,. DA -R 7/1 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BB&T INS SVCS OF CA INC/PHS/ORANGE 180672 P: (866) 467-8730 F: (888) 443-61.1.2 PO BOX 33015 SAN ANTONIO TX 78265 CONTACT NAME: PHOkE (A1CNc,Ezt): (866) 467-8730 ( ,Nc): (888) 443-6112 ADERIESS: INSURER(S) AFFORDING COVERAGE NAIL# INSURERA_ Sent,nel Ins Co LTD INSURED DIANA CHO AND ASSOCIATES 16 716 ROCKY KNOLL RD HACIENDA HEIGHTS CA 91.745 INSURER 13: INSURER C: INSURER D: INSURE=R E INSURER F: COVERAGES CERTIFICATE NUMBER- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMVI? TTPE OF EVSI AAACE A DDL S&TR POLICPNLIRMER POLWYE`F D➢/YS1'i POLICYLAx /➢ L=S COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000, 000 CLAIMS-iuIADE OCCUR DAMAGE TO RENTED 1 000 PREMISES ,(Ea occurrence) S1, r X IVIED FXP(Any one person) s10,000 A X General Liab 72 513A T -D8296 07/23/2015 07/23/2016 PERSONAL & ADV INJURY $1,000, 000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000, 000 POLICY� PRO � LOC PRODUCTS-COVPICP AGG 32,000, 000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ee accident) $1F 000, 000 BODILY INJURY (Per person) g ANYAUTO ALL OWNEDSCHEDULED AUTOS AUTOS 72 S:UA LD8298 07/23/2015 07/23/2016 BODILY IINJURY (Per accident) $ PROPERTY DAMAGE (Per accident) X HIRED AL FLOS X NON -OWNED AUTOS S UMBRELLA LIAR OCCUR EACH OCCURRENCE g AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEI]RETENTION S $ W61WE9N GOMPVN N5ATIONPER AN,02,AWL0YI'k4'17enrrr" O7W- STATUTE I ER E -L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVEYIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ❑ N1a E.L. DISEASE -EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT DESCRIPTION 01 -OPERATIONS /LOCATIONS I VENlqWMRD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Viability Coverage Form SS0008 attached to this policy. :4l4111dDfAl1:81.W1114 0031'. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Packet Pg. 258 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Diamond Bar BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City Clerk's Office 21810 CO PLFY DR DIAMOND BAR, CA 91765 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Packet Pg. 258 CERTIFICATE OF LIABILITY INSURANCE BATE{ g � 6 6.13.b THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy, certain policies may require an endorsement_ A statement on this certificate aloes not confer rights to the ceMcate holder in lieu of such endorsement(s). PRODUCER E3B&T TN5 SVCS OF CA INC/PHS/ORANGE 180672 P: (8066) 467-8730 F: (888) 443-6112 PO 33015 SANANTONIO TX 78265 CONTACT NAME: PHONE,EtI (865) 467-8730 (A C,Na>: (888) 443-6112 ADDRESS: BOX INSURER(S)AFFORDING COVERAGE MAIC-- AICnSAN INSURERA: Sentzne1 Ins Co LIT INSURED DIANA CHO AND ASSOCIATES 16 716 ROCKY KNOLL RD HACIENDA HEIGHTS CA 91745 INSURER B INSURER C: INSURER D: INSURER E: INSURER F: <R•J1,aa1u.�I4Z0111d':A Lill] ll la THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LVO LTR TYPE OFLNSURANCE f4LWE IN St RR POLICYAVAIRL,A POLICYEFF D/YYt'Y PolrlfTEIP yljL)p LIhIITS DIAMOND BAR, CA 91765 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1 , COG, 0 0 0 CLAIMS -MADE 1-7-1 OCCUR DAMAGE TO RENTED 1 00c, O 0 PREMISES (Ea occurrence} X MEDEXP (Any one person) 510,000 A X General Liab 72 SDA LDB298 07/73/2016 07/23/2017 PERSONAL & ADV INJURY $1,C00, 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000, a o 0 POLICY PRO_[X] LOC JECT PRODUCTS-COMPIOP AGG s2, 0 C 0, 000 OTHER: AUTOMOBILE UABILrrY COMBINED SINGLE LIMIT 1` O00, 000 (Ea accident) $1, BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLYAUTOS 72 SEA LD8298 01/23/7_07.6 07/23/201', BODILY I NJ URY (Per accident) $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ (Per accident) $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DE RT-7I7NTION 5 $ WRRKF.ZS'CPM'i EY5riTLON .4NDF,VPLOTERS'ZL1RU7 TY PER OT' STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNFPJPXECUTIVEY/N OFF€CERIMEMBEREXCLUDED? (Mandatory inNHJ 1�,A E.L. DISEASEEAEMPLOYE=E $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OFOPERA77ONS/LOCATIONS /VENIC(AMRD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. Oc 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 259 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Diamond Bar BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Clerk's Office AUTHORIZEDRFFRESI*NTArTVE - 21810 COPLEY DR DIAMOND BAR, CA 91765 Oc 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 259 CITY COUNCIL 6.14 Agenda #: 6.14 Meeting Date: June 20, 2017 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager A TITLE: APPROVE SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH S C3 CONSULTING, INC., TO ADMINISTER THE CITY S HOME IMPROVEMENT PROGRAM (HIP), INCREASING THE CONTRACT BY $20,000 FOR FY2017 18 FOR A TOTAL NOT TO E CEED COST OF $59,560. Strategic Goal: SAFE, SUSTAINABLE & HEALTHY COMMUNITY RECOMMENDATION: Approve. FINANCIAL IMPACT: The FY2017-18 Community Development Block Grant (CDBG) Budget includes a $100,000 allocation to the City's Home Improvement Program (HIP). Per CDBG guidelines, the maximum amount that can be spent on administrative costs is 20% of the HIP Program budget ($20,000). The CDBG Program does not impact the City's General Fund budget. BACKGROUND: The purpose of the Home Improvement Program is to preserve and enhance single family residential neighborhoods throughout the City. The current Home Improvement Program allows participants to apply for grants of up to $5,000 and deferred loans of up to $10,000 for repairs to owner -occupied homes. Through the provision of grants and loans, eligible homeowners of single family detached dwellings can correct hazardous structural conditions, make modifications necessary to provide access to individuals with disabilities, improve the overall exterior of the home, and/or correct exterior code violations. Individuals must meet the County's guidelines for low or moderate income to be eligible to participate in this program. DISCUSSION: In June of 2015 the City entered into a one year agreement with four one-year extension options with SJC3 Consulting (SJC3) to administer the Home Improvement Program beginning in July 2015. Prior to the award of contract, the City solicited Packet Pg. 260 proposals to provide these services. Program administration includes reviewing applications for funding from interested Diamond Bar residents, requesting and reviewing financial information for persons that may qualify, determine the eligibility of program participants, conducting home inspections, drafting construction documents, reviewing contractor bids, awarding construction contracts, and processing funding requests for completed projects. The June 2015 agreement with SJC3 Consulting was for $19,650, with the First Amendment providing additional resources of $20,000 and thereby extending the term through FY2016-17 for a total cost of $39,650. Approval of the proposed Second Amendment will provide for additional resources of $20,000 to allow SJC3 Consulting to continue to provide this service through FY2017-18, for a total not -to -exceed cost of $59,560. PREPARED BY: nth ny Santos, As . te ant toity Manager 612012017 ffo�- I c "M 6il 512017 Attachments: 1. 6.14.a SJC3 2nd Amendment 6-20-17 - CA FINAL 2. 6.14.b SJC3 Consulting Agreement 6.14 Packet Pg. 261 6.14.a SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT The Second Amendment to Consultant Services Agreement ("Amendment") is executed as of June 20, 2017 by and between the City of Diamond Bar, California, a municipal corporation ( "City"), and SJC 3 Consulting, Inc., a California Corporation (herein referred to as the "Consultant"), with reference to the following: RECITALS A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 16, 2015, which is incorporated herein by this reference (the "Original Agreement); and B. The City and the Consultant entered into that certain First Amendment dated as of July 1, 2016 ("First Amendment"), which is incorporated herein by this reference. The First Amendment and Original Agreement collectively are referred to herein as the "Agreement." B. The City and the Consultant desire to amend the Agreement to modify, amend and supplement certain portions of the Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Agreement. 2. Section 2 is amended to read as follows: 2. Term of Agreement. The First Amendment extended the Original Agreement to June 30, 2017. This Second Agreement shall extend the Agreement to June 30, 2018 as set forth under Section 2 of the Agreement. This Second Amendment shall take effect July 1, 2017, and shall continue until June 30, 2018 unless earlier terminated pursuant to the provisions herein. 3. Section 3 is amended to read as follows: 1250935.1 3. Compensation. The total not -to -exceed compensation set forth in Section 3 of the Original Agreement was the sum of NINETEEN THOUSAND SIX HUNDRED FIFTY DOLLARS ($19,650). The First Amendment amended Section 3 of the Original Agreement to provide for an increase of TWENTY THOUSAND DOLLARS ($20,000), so that the total not -to -exceed compensation, as amended by the First Amendment, was increased to THIRTY-NINE THOUSAND SIX HUNDRED FIFTY DOLLARS ($39,650). Section 3 of the Original Agreement as amended by the First Amendment is hereby amended to provide for an increase of FORTY Packet Pg. 262 THOUSAND DOLLARS ($40,000) so that the total not -to -exceed compensation, as amended by the First and Second Amendments shall not exceed FIFTY NINE THOUSAND SIX HUNDRED FIFTY DOLLARS ($59,650) without prior authorization of the City. 4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. IN WITNESS hereof, the parties have executed this Second Amendment on the year and day first written above. i[K47►6Y1101F_1►1111a go]I va 6091IM] 14 901 0 600111 0 1 10 1WK01091r-11ito] LI9IY_1Z By: Printed Name: Title: By: Printed Name: Title: By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: 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. 1250935.1 6.14.a Packet Pg. 263 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH SJC3 CONSULTING, INC., FOR THE CDBG HOME IMPROVEMENT PROGRAM This First Amendment to Consult W Services Agreement ("First Amendment") is made and entered into as of , 2016, by and between the City of Diamond Bar, a municipal corporation ("City and SJC 3 Consulting, Inc_, a California Corporation (herein referred to as the "Consultant") with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 16, 2015,.which is incorporated herein by this reference (the "Original Agreement"); and 13. t he City and the Consultant aesire to arnend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Compensation. The total not -to -exceed compensation set forth in Section 3 of the Original Agreement was the sum of NINETEEN THOUSAND SIX HUNDRED FIFTY DOLLARS ($19,650). Section 3 of the Original Agreement is hereby amended to provide for an increase of TWENTY THOUSAND DOLLARS ($20,000) so that.the total not -to -exceed compensation, as amended by this First Amendment shall not exceed THIRTY NINE THOUSAND SIX HUNDRED FIFTY DOLLARS ($39,650) without the prior authorization of the City. 3. Term of Agreement. This First Amendment shall extend the Original Agreement to June 30, 2017 as set forth under Section 2 of the Original Agreement. This First Amendment shall take effect July 1, 2016, and shall continue until June 30, 2017 unless earlier terminated pursuant to the provisions herein. 4. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. C:1UsersltommyeclAppDatalLoc@hMicrosoft\Windows\Temporary lntemet FilsslContent.Outlook%GB20ZGGYlSJC3 FIRST AMENDMENT TO HIP CONSULTANT SERVICES AGREEMENT (201B).docx Page 1 of 2 6.14.b Packet Pg. 264 IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. "CONSULTANT" SJC 3 CONSULTING, INC, *By: Printed N e:f' Title: � � 4L Printed Name: Title: "C ITY" CITY OF DIAMOND BAR By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: C `NOTE: If Consultant is a corporation, the City .requires the following signal&e(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. CaUsersltommyecVAppDatalLocal\MicrosafilWindow6lTemporary Internal FileakConteM.04tlook1GB20ZGGY5SJC3 F{RST AMENDMENT TO NIP CONSULTANT SERVICES AGREEMENT (201 6).docx Page Z of.2 6.14.b Packet Pg. 265 6.14.b CONSULTING SERVICES AGREEMENT CDBG Home improvement Program THIS AGREEMENT (the "Agreement") is made as of June 16, 2015, by and between the City of Diamond Bar, a municipal corporation ("City") and SJC 3 Consulting, Inc., a California corporation ("Consultant"). 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. Greg Gubman, Community Development Director (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. Terre of Agreement. This Agreement shall take effect July 1, 2015, and shall continue until June 30, 2016 unless earlier terminated pursuant to the provisions herein. This Agreement may be extended upon request and approval by the CITY on an annual basis for an additional forty-eight (48) months until June 30, 2020. 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 Nineteen thousand six hundred fifty dollars ($19,650) 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 30% 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. Packet Pg. 266 6.14.b D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Records and Audits The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. (24 CFR Part 84, Sec. 84.53) 6. Reserved 7. 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. 8. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and the attached Exhibit "A", the provisions of this Agreement shall control. 9. 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, except as specifically provided herein. 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 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, State or other 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 findings of an employee relationship 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. 2 Packet Pg. 267 6.14.b 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 Sar, 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 orfor any amount or penalty levied against the City for Consultant's failure to comply with this Section. 10. 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. 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. 12. 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; 3 Packet Pg. 268 6.14.b (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; and (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. 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 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. 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. 4 Packet Pg. 269 6.14.b H. Failure to Maintain Insurance. If Consultant 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 Contractor. 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. 13. 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. 14. 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. 15. 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 five (5) 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. 16. 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 5 Packet Pg. 270 6.14.b performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 17. 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. 18. [Reserved] 19. 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. D. Executive Order 11246 requires that during the performance of this Agreement, Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Consultant setting forth the provisions of this nondiscrimination clause. E. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. 6 Packet Pg. 271 6.14.b F. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. G. Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title. H. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply. 21. 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. 22. Reserved 23. 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. 24. 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. 25. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 26. 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. 27. 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 7 Packet Pg. 272 6.14.b of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 28. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be r6ferred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 29. 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" SJC 3 Consulting Inc. 21900 Burbank Blvd. 31 Floor Woodland Hills, CA 91367 Attn.: Regina Guy Phone: (310) 569-3537 E -Mail: sjc3consulting@yahoo.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: Greg Gubman Community Development Director Phone: (909) 839-7030 E-mail: GGubman@DiamondBarCA.gov 30. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 31. 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. 32. County Lobbying Certification. The Consultant certifies that: A. It is understood that each person/entity/firm who applies for a Community Development Commission contract, as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 9.-0031) and; B. That all persons/entity/firm who seek a contract with the Community Development Commission shall be disqualified therefrom and denied that contract and, shall be liable in civil S Packet Pg. 273 6.14.b action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. Warranty33. Consultant's O a Property NeductionProgram- A. o7;% A. The Consultant acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Consultant qualifies for an exemption or exclusion, the Consultant warrants and certifies that to the best of its knowledge it is now in compliance,and during the term of this Agreement will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. B. Failure of the Consultant to maintain compliance with the requirements set forth in the "County's Defaulted Property Tax Reduction Program " shall constitute default under this Agreement. Without limiting the rights and remedies available to the City under any other provision of this Agreement, failure of the Consultant to cure such default within 10 days of notice shall be grounds upon which the City may suspend or terminate this Agreement pursuant to the County's Defaulted Property Tax Reduction Program found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. 34A Lobbying Certification. The Consultant certifies that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of any Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form --LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions. C. The Consultant shall require that the language of this certification be included in all subcontracts and that all subcontracts shall certify and disclose accordingly. 35. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. 9 Packet Pg. 274 6.14.b IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "Consultant" SJC 3 Consulting Inc. Bye Printed Name: 7 j i a ( I, L t, Title:l3SL"1 Printed Name: 111101% Approved as to form: "City" CITY OF DIAMOND BAR By: Jas DeStefgeno, City Manager ATTEST: TommyeiA. Cribbins, City Clerk 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. 10 Packet Pg. 275 6.14.b r, • [Beneath this sheet.) 11 Packet Pg. 276 Introduction ... ............. .... D ax :-;_.�.:: ..�.:.� .. ProposedCosts.............................................................................................5 Client References and Work Performed ................................................. 6.14.b Page I 1 Packet Pg. 278 INTRODUCTION 6.14.b SJC 3 Consulting, Inc. has been in business since 2007 and is a small minority and woman -owned consulting firm. SJC 3 Consulting currently has a principal and three associates. We have cumulative experience of over 60 years in federal grant management and administration. Services include but are not Iimited to management and administration of federally -funded and state -funded programs such as Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), Integrated Disbursement Information System (IDIS), 20 % Set -Aside, and Environmental Protection Agency (EPA) Brownfield Grants, Neighborhood Stabilization Program (NSP), and Supportive Housing Program (SHP). SJC3 Consulting provides consulting services to both Entitlement Jurisdictions and Cities participating in a consortium. SJC 3 Consulting, Inc. will act as a liaison between the client and the Los Angeles County Community Development Commission (I.ACDC), the United Stated Department of Housing and Urban Development (HUD), and the California Department of Housing and Community Development (HCD). SJC 3 Consulting consists of highly experienced, well trained team members. that have hands-on experience working for municipalities administering federally -funded programs, as well as monitoring and auditing federally funded programs and projects. SJC 3 Consulting works with the City to develop, foster, and maintain good working relationships with staff, LACDC, HUD, community members, and all stakeholders involved in the programs and projects. We stay abreast of regulations, policies, and procedures, by attending both local and national trainings and conferences. EXAMPLE OF SERVICES ® Five -Year Consolidated PIan ® Analysis to Impediments to Fair Housing Choice (AJ.) ® Annual Action Plan Preparation ® Consolidated Annual Performance Evaluation Report (CAPER) ® Integrated Disbursement Information System [IDIS) ® CDBG/HOME/NSP Program/Project Design, Development and Implementation ® Administration of Housing Programs ® Technical Assistance on regulatory compliance issues ® DBRA ® Audit Preparation (file organization, resolution of Findings, follow-up correspondence) Page 12 Packet Pg. 279 6.14.b Maria Torres-Castaneda is being proposed as the project manager for this project. Ms. Torres- Castaneda has over 20 years of experience working with the CDBG program; which includes over 14 years working as a Program Manager with the Los Angeles County Community Development Commission in the CDBG Division and two years experience working as a consultant managing the Housing Rehabilitation Programs. Ms. Torres-Castaneda has in-depth knowledge about the use, requirements, policies, and procedures associated with processing projects funded with CDBG through the LACDC. Ms. Torres-Castaneda is proficient in writing, reading, and speaking Spanish and is available for in - office support for up to sixteen (16) hours a week. She will professionally represent the City, homeowners, contractors, and all stakeholders involved. SJC 3 Consulting, Inc. works hard to develop, foster, and maintain good working relationships and rapport with staff, LACDC, HUD and all stakeholders involved. A good rapport with all stakeholders is essential to effectively and efficiently carryout program goals and objectives. We attend local and national trainings and workshops to stay abreast of federal rules and regulations. We will communicate the status of projects to staff via email, in -office meetings, briefings, and inter -office memos and status reports. If selected, Ms. Torres-Castaneda will work closely with the City of Diamond Bar to provide program oversight and implementation while ensuring the City remains in compliance with all federal regulations and LACDC policies and procedures. Page 13 Packet Pg. 280 DESCRIPTION 'BASKS ■ Answer public inquiries concerning the program ■ Conduct preliminary interviews to determine eligibility status and owner's desired improvements for unit ■ Obtain and review all required supporting documentation including income verification and grant deed Conduct property inspections and costs estimates for rehabilitation work ■ Review and complete all applicable documents for CDBG Housing Rehabilitation activities such as Lead -Based Paint (LBP)and Asbestos Containing Material (ACM) review and (Section 106) historical preservation review ® Obtain LBP and ACM testing, abatements and clearances for unit, if necessary ® Prepare specifications and bid documents and review bids received with the homeowner ® Obtain contractor clearances through the Federal Excluded Parties List System (EPLS) and State Contractor's License Board ■ Award contracts, prepare and execute documents for grants, deferred loans and below market rate interest loans ■ Ensure that the following forms are completed, executed and or/recorded: Promissory Note, Notice of Right to Cancel, Deed of Trust, Request for Notice, Truth in Lending Disclosure, and any other forms and documents required by the City ® Conduct preconstruction conference to review all proposed work with the homeowner and contractor ® Conduct progress inspections to make certain that work is proceeding in a timely manner and to authorize progress payments ® Execute notice of completion upon final inspection certifying that the rehabilitation has been completed in accordance with contract specifications ® Acquire lien releases from contractor and subcontractors, obtain homeowner's authorization for final payment, and execute close-out of rehabilitation work by ensuring that the permanent file contains complete documentation required for County and Federal monitoring and auditing purposes ■ Prepare monthly progress reports for City staff ■ Conduct procurement of loan document preparation, asbestos testing, and lead-based paint testing, if necessary. 6.14.b Home Improvement Grant and Loan Programs $10,000 maximum (deferred loan) $5,000 maximum (grant) Pa,e 14 Packet Pg. 281 PROPOSED COST 6.14.b Pa;;L, 15 Packet Pg. 282 6.14.b ® City of Bellflower Ms. Regina Guy provides general administrative services to the City of Bellflower. General duties and scope of work Ms. Guy include but are not limited to the following: Currently Ms. Collins is responsible for the preparation of the 2015 Five -Year Consolidated Plan, the 2015-2016 Annual Action Plan and the 2015 Analysis of Impediments to Fair Housing Choice (Al). In addition Ms. Guy prepares the annual Consolidated Annual Performance Evaluation Report (CAPER), the Financial Annual Housing Report for the Successor Agency, HUD audit preparation, Integrated Disbursement Information System (IDIS) technical support, respond to HUD correspondence, make presentations to City Council, Parks and Recreation Commission and City staff, attendance at preconstruction meeting, Section 3 Compliance, program design and development with Neighborhood Stabilization Program (NSP) and American Reinvestment and Recovery Act (ARRA) (CDBG-R) funds, consultation and technical assistance on regulatory compliance. Additionally, SJC 3 Consulting provides assistance with the development of affordable housing projects, technical assistance to prospective Community Housing Development Organizations (CHDOs), overall grant management, budget preparation, and acts as a liaison between the City and HUD. Client Reference: Mr. Brian K. Lee, Director of Community Development (562) 804-1424 ext 2224 blee@btllflower.org City of Compton Ms. Guy is currently assisting the Community Redevelopment Agency of the City of Compton with the administration of its NSP 1, 2, and 3 Programs. The City is using its NSP program funds to assist Community Housing Development Organizations (CHDOs) and to acquire, rehabilitate, resale, and manage foreclosed properties in the City. During the 2008-09 fiscal year Ms. Guy was responsible for monitoring the City's Public Service Agencies. Services included conducting on-site monitoring visits and preparing correspondence to Public Service Agencies. During the 2007-08 fiscal year services included, IDIS technical assistance, conducting on. -site monitoring visits, reviewing files and financial documentation to ensure Public Service Agencies were compliant, and prepare monitoring correspondence with findings and observations and corrective actions. Client Reference: Dr. Kofi Sefa-Boakye, Director of Successor Agency (310) 605-5511 kboakye0comptoncity.oru ® City of Inglewood Ms. Guy prepared the City's Annual Action Plain and provided IDIS technical assistance. During the 2007-2008 program year services included entering projects and programs into HUD's mainframe Integrated Disbursement Information System (IDIS) which allowed the City to successfully drawdown over $3,000,000 in CDBG and HOME funds to meet expenditure deadlines. Client Reference: Ms. Pamela R. Thigpen, Housing and Grants Director (retired) (310) 400-2298 (cell) Mr. Damien Pipkins, Grants Manager (310) 412-8844 dpipkinsOcityofinglewood.org Page 16 Packet Pg. 283 6.14.b i City of Diamond Bar Ms. Maria Torres -Castaneda provides overall general administrative support and management of the City of Diamond Bar's Housing Rehabilitation Programs. Ms. Torres-Castaneda general duties include but are not limited to: Determining eligibility, processing of housing rehabilitation applications, preparing correspondence to residents, preparing staff memorandums, making sure the City is in compliance with all CDBG regulations, preparing and submitting environmental information for CDC review, LSP/ACM testing abatement and clearances, file maintenance and organization for CDC monitoring and reviews. Client Reference: Mr. Greg Gubman, Community Development Director (909) 839-7030 greg,gubm.an@DiamondBAarCA.gov ® City of Cudahy Ms. Maria Torres-Castaneda provides overall general administrative support and management of the City of Cudahy's Single Family and Multi Family Housing Rehabilitation Programs. Ms. Torres- Castaneda general duties include but are not limited to: Determining eligibility, processing of applications, prepare and submit environmental information for CDC review, labor compliance, LBP/ACM testing abatement and clearances, file maintenance and organization for CDC monitoring and reviews, issuing progress payments, tracking financial expenditures, keeping staff abreast of pending deadlines and submittals, preparing staff reports and other internal documents as needed and in relation to the management of CDBG funded activities and attending CDC training and meetings. Ms. Torres -Castaneda is the key contact/liaison between City and LACDC. Client Reference: Mr. Jose Pulido, City Manager (323) 773-5143 jpulido0cityofcudahyca.g!av, ® City of Covina Ms. Regina Guy and Ms. Maria Torres -Castaneda provided general administrative staff support for the City of Housing Rehabilitation programs, specifically the Handy worker and Single -Family Residential Rehabilitation. Ms. Guy general duties included the following: Processing applications, file preparation and maintenance, ordering environmental. assessment reports, collecting and reviewing supporting documentation, preparing correspondence, conducting pre -inspections, preparing work write-ups, preparing Request for Bids, conducting pre - construction meetings, and entering programmatic and environmental clearance information into LACDC's online system. Ms. Guy also assisted the City of Covina with the management and administration of the McGill Street House Project, which is a homeless prevention program funded with federal Supportive Housing Program (SHP) and administered through the Los Angeles Homeless Shelter Authority (LAHSA). Client Reference: Ms. Nuala Gasser, CDBG Economic Development Manager (626) 384-5442 ngasser(@covinaca.gov Page 17 Packet Pg. 284 6.14.b ® City of Corson Ms. Regina prepared the 2010-2011 Annual Action flan 2010-2015 Five Year Consolidated Plan, and the Analysis of Impediments to ,Fair Housing Choice (Al). Client Reference: Mr. Donyea Adams, Redevelopment Manager (310) 233-4862 dadamsff carson.ca.us LosAngeles Neighbor hood Housing Services (NETS) Mr. Dante Fall provided environmental review processing and Sections 3 Trainings and general program technical assistance to LANHS staff and the consortium partners. Mr. Hall also assisted with design and implementation of sound management, and fiscal control practices that demonstrate measurable outcomes in the use of public funds. Client Reference: Ms. Lori Gay, President and CEO (213)381-2862 ig�anhs.org ® City of Bell Ms. Regina Guy provided general administrative services to the City of Bell. After the corruption scandal and during her tenure Ms. Guy was able to get the City of Bell compliant with all CDBG regulations, policies and procedures which resulted in a clean audit with no findings or disallowed costs in the CDBG program from both the internal auditors and the Los Angles Community Development Commission auditors. Duties included researching files, programs, projects, CDC correspondence, emails and bulletins to facilitate bringing the City into compliance with expenditure requirements. Ms. Guy gathers supporting documents for funding requests submittal. In addition, Ms. Guy prepares CDBG and CDBG-R quarterly reports, communicates project status to staff and CDC and attends LACDC quarterly meetings and trainings. Client Reference: Ms. Debra Kurita, Interim Director of Community Services (323) 588-6211 dkurit�cityafbelLorg Page 18 Packet Pg. 285 Maria 1. Torres-Castaraeda Associate W. 112=ne •_ "' t l D 6.14.b Community Development Commission County of Lo,sAngeles Development Specialist II, Community Development Block GrantDivision Increase in responsibilities and work assignments with monitoring compliance of Community Development Commission (CDC) Divisions, cities, County departments and community-based organizations to ensure adherence with Community Development Block Grant (CDBG) regulations, contractual requirements, federal record keeping/documentation requirements, and local policies; provide technical assistance on such issues as project development and eligibility; prepare contract documents; analyze demographic data; provide informal and formal training(s); and prepare and participate in meeting with the community and public organizations. Development Specialist I, Community Development Block Grant Division Conduct compliance monitoring of cities, County departments and Community -Based Organizations (CBO) to ensure adherence with CDBG regulations, contractual requirements, federal record keeping/documentation requirements, and local policies; provide technical assistance on such issues as project development and eligibility; prepare contract documents; analyze demographic data; provide informal and formal training(s); and prepare and participate in meeting with the community and public organizations. Program Specialist, Community Development Block Grant Division Reviewed and processed Environmental Service Request qualifying under categorical excluded clearance level for the CDC, Divisions, cities, and CBOs; assisted the Environmental Officer in reviewing and providing environmental clearance of CDBG, HOME, and ESG funded projects. Conducted monitoring of long-term loans to ensure compliance with contractual requirements, prepared correspondence; provided quarterly reports to the Department of Housing and Urban Development on all Historical Preservation Properties that have been determined ineligible for the National Register by State Historic Preservation Office. Assist in the determination of environmental clearance in accordance with the National Environmental Policy Act and California Environmental Quality Act. EDUCATION California State University, Los Angeles Bachelor of Arts Degree in Child Development SKILLS • Knowledge of CDBG regulations and reporting requirements • Proficient in Spanish [writing, reading and communication) • Computer knowledge in Word and Excel Wage 19 Packet Pg. 286 Professional Experience Housing and Grants Coordinator City of Bellflower -Community Development Department 6.14.b Responsible for the overall operation of the Housing and Grants Division within the Community Development Department: ® Develop, implement, and monitor the utilization of Federal and State funds such as CD13G, Redevelopment 20 % Set-aside funds DOME, Section 108, EPA, and EDA ® Maintain and ensure regulatory compliance of all CDBG, HOME, EPA, Section 108, EDA, and RDA Set -Aside Programs. Funded programs include Economic Development, Micro -Enterprise Business, Commercial Rehabilitation, Public Improvements, Acquisition, Housing Development, Residential Rehabilitation, First -Time Homebuyer Assistance, and Environmental/Brownfield Site Assessment Programs and Public Service Agency Awards • Prepare the 5 -Year Consolidated Plan, the Annual Action Plan, Annual Consolidated Performance Evaluation Report (CAPER), the Annual HCD Reports and Quarterly EPA reports ® Primary contact and liaison between the City and HUD, EPA, and HCD ® Interact with the public by conducting workshops, loan and grant administration, inspections, and contractor evaluation and selection ® Analyze and research projects, prepare budgets for CDBG, RDA 20% Set -Aside, Section 108, EDA, EPA, and HOME budgets e Prepare staff reports, write for grants and local, State and National awards ® Make presentations to the public, City Council, Commissions and Associations ® Supervise administrative, technical, and professional work related to the implementation of Community Development programs such as economic development, housing rehabilitation and development commercial rehabilitation, acquisition, public improvements, and public services Program Manager Community Development Commission -Community Development Block Grant (CDBG) Division Responsible for: evaluating Cities, Community Based Organizations and County Departments and ensuring overall compliance with CDBG regulations. Provide technical assistance to CDBG and ESG grant recipients in identifying appropriate systems that can be implemented to meet requirements. Review and respond to eligibility inquiries for proposed projects Page 110 Packet Pg. 287 6.14.b • Prepare agreements, amendments, statistical and financial reports for CDBG and ESG-funded projects • Provide CDBG compliance training and seminars to grant recipients • Review construction projects for compliance with. Davis -Bacon requirements and investigate complaints and prepare recommendation for corrective actions Education: University of Southern California, Los Angeles Bachelor of Science Degree Major; Urban and Regional Planning and Development Professional Training, Awards, and Memberships • Maximizing HOME: Using HOME to Develop Mousing for Special Needs Populations • HUD Relocation Training • HUD Fair Housing Workshop • Expert HOME and CDBG: Working Together to Create Affordable Housing • HUD Environmental Training • Member of the American Planning Association (APA) • CALED Merit Award of Excellence for Economic Development 2006 • U.S. EPA Assessment GrantAward Recipient for $200,000 2004 Page 111 Packet Pg. 288 6.14.b ACORD CERTIFICATE OF LIABILITY INSURANCEDATEIMMIDDIYYM rM 07109/2015 PRODUCER TRADESTONE INSURANCE SERVICES, INC. 14772 PIPELINE AVE. STE B. CHINO HILLS, CA 91709 TEL: 909-597-4241; FAX: 909-597-4281 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED SJC 3 Consulting, Inc. 6010 Sadring Ave. Woodland Hills CA 91367 INSURER A: HARTFORD CASUALTY INSURANCE CO wSURER B: P & C INS CO OF HARTFORD INSURER c: HARTFORD ACCIDENT AND INDEMNITY Cl INSURER D: UNITED STATES LIABILITY INSURANCE C1 INSURER E: COVERAGES THE. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRDD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 M DAAGE TO RENTED $ 300,000 A X COMMERCIALGENERALLIABILITY 72SBMUW5364 02/22/15 02/22/16 CLAIMS MADE FX OCCUR MED EXP (Ary oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _X1 PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY pR0 LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B ANY AUTO 72UECPX8355 11/30/14 11130/15 (Ea accident) BODILY INJURY $ ALL OWNED AUTOS X SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Peraccident) PROPERTY DAMAGE $ (Per accldent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN FA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F7CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND X. nR STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 C EMPLOYERS'LIABILITY 72VVECEUB349 09/11114 09/11115 ANY PROPRIETORIPARTNERIEXECUTIVE E.L. DISEASE- EA EMPLOYEE $1,000,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L,DISEASE- POLICY LIMIT $1,000,000 OTHER D Professional Liability SP1012629G 02/12115 02112116 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS TEN DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM WILL BE PROVIDED LrtK I II-II.A I C HU LUtFI 4Ar0,GLLA I IUN City of Diamond Bar Tommye Cribbins, City Clerk 21825 Copley Drive Diamond Bar, CA 91765 ACORD 25 (2001108) SHOULDANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE <SAC> L07-1111VIMIi6]:116]:7_1111910iEPY:l Packet Pg. 289 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 6.14.b Packet Pg. 290 6.14.b 21810 Copley Drive ® Diamond Oar, CA 91765-4178 (909) 839-7000 ® Fax (909) 861-3117 www.DiamondBarCA.gov Packet Pg. 291 June 29, 2015 SJC 3 Consulting Attn: Regina Collins 21900 Burbank Blvd., 31d Floor Woodland Hills, California 91367 Ms. Collins: On May 21, 2015, a letter was sent to you advising that pursuant to your Proposal to provide Administrative Services for the CDBG Home Improvement Program the City of Diamond Bar wished to enter into an agreement with SJC 3 Consulting effective July 1, 2015 through June 30, 2016. Steve rye Mayor At that time it was requested that since this is a new Agreement a new Nancy A. Lyons Certificate of Insurance along with an additional endorsement showing that Mayor Pro Tem the City is named as an additional insured and that your insurance is primary be provided. As of this date I have not received the Certificate and Carol Herrera Endorsement. Council Member Jimmy Lin It is requested that you contact your insurance broker and request that a Council Member new Certificate of Insurance along with an additional insured endorsement be forwarded immediately. Jack Tanaka Council Member If you have any questions or concerns, feel free to contact the undersigned 909-839-7010. Sincerely, 1 41 iommy'Cribbins City Clerk Packet Pg. 291 "C"Ity of Diamond Bar 21810 Copley Drive P Diamond Bar, CA 91765-4178 (909) 839-7000 o Fax (909) 861-3177 www.Dia€gaondBairCl.gov 6.14.b May 21, 2015 SJC 3 Consulting Attn: Regina Collins ' 21900 Burbank Blvd., 3rd Floor Woodland Hills, California 91367 Ms. Collins: Pursuant to your Proposal to provide Administrative Services for the CDBG Home Improvement Program the City of Diamond Bar wishes to enter into an agreement with SJC 3 Consulting in an amount not to exceed $19,650 effective July 1, 2015 through June 30, 2016. Enclosed please find two Agreements for your signature. Please sign both and return them to this office within ten (10) days from the date of this letter Steve Tye for execution by the City Manager and City Clerk. Once fully executed, an Mayor original will be returned for your records. Nancy A. Lyons Mayor Pro rem It is also requested that you forward a new Certificate of Insurance along with the Agreements as this will be a new contract. Carol Herrera Council Member If you have any questions or concerns, feel free to contact the undersigned Jimmy Lin or Greg Gubman, Community Development Director, 909-839-7031. Council Member Sin�erely, F Jack Tanaka Council Member Tommye Cribbins City Clerk Encs. (2) Packet Pg. 292 Steve Tye Mayor Clancy A. Lyons Mayor Pro Tem Carol Herrera Council Member Jimmy Lin Council Member Jack Tanaka Council Member June 11, 2015 C �'flLty ca �` ME a-Cmcr) n 2',('a'10 Capley 'rive o Dvavr�a d Sar, CA -31765,4176 (909) 83�-7030 � Fax (909') 361-3117 SJC 3 Consulting Attn: Regina Collins 21900 Burbank Blvd., 3rd Floor Woodland Hills, California 91367 Ms. Collins:.. Enclosed please find a fully executed original of the Consulting Services Agreement between your firm and the City of Diamond Bar to provide Administrative Services for the CDBG Home Improvement Program the City of Diamond Bar effective July 1, 2015 through June 30, 2016. Si cerely, 1 . tom,. Tommye Cribbins City Clerk Encs. (2) 6.14.b Packet Pg. 293 6.14.b ACORD CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY) ra 01107/2016 PRODUCER TRADESTONE INSURANCE SERVICES, INC. 14772 PIPELINE AVE. STE B. CHINO HILLS, CA 91709 TEL: 909-597-4241; FAX: 909-597-4281 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED SJC 3 Consulting, Inc. 6010 Sadring Ave. Woodland Hills CA 91367 INSURER A: HARTFORD CASUALTY INSURANCE CO INSURER B: P $ C INS CO OF HARTFORD INSURER c: HARTFORD ACCIDENT AND INDEMNITY CC INSURER D: UNITED STATES LIABILITY INSURANCE CC INSURER E: rnvrohfZ =c THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGEENTED TOR$300000 A X COM MERCIALGENERALLIABIUTY 72SBMUW5364 02/22/15 02/22/16 MED EXP An one person)$ 10 000 CLAIMS MADE F OCCUR PERSONAL & ADV INJURY $ 1 OOO 000 GEN ERALAGGREGATE 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT $ 1,000,000 B ANY AUTO 72UECPX8355 11130115 11130!16 (Eaaccideni) BODILY INJURY (Perpersor) $ X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident} $ HI RED AUTOS NON -OWNED AllT05 PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F� CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND X WC r. STATU- 0, E.L. EACH ACCIDENT $ 1,000,000 C EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNER/EXECUTIVE OPFICERIMEMBER EXCLUDED? 72WECEUB349 09/11/15 09119116 E.L. DISEASE - EA EMPLOYEE $ 1 00O OOD E.L. DISEASE - POLICY LIMIT $ 1,000,000 Ji yes, describe under SPECIAL PROVISIONS below OTHER D Professional Liability SP1012529G 02/12/15 02/12/16 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS TEN DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM WILL BE PROVIDED CLI IFICA I It MIL11I t ANUGLLA I IVIY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Diamond Bar DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Tommye Cribbins, City Clerk NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 21825 Copley Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Diamond Bar, CA 91765 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) / <SAC> UACORD CORPORATION 1988 Packet Pg. 294 IMPORTANT If the certificate holder is an ADDITIONAL_ INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 6.14.b Packet Pg. 295 6.14.b ACORD CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYWY) ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR TM 02/17/2016 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TRADESTONE INSURANCE SERVICES, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 14772 PIPELINE AVE. STE B. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS CHINO HILLS, CA 91709 TEL: 909-597-4241; FAX: 909-597-4281 INSURERS AFFORDING COVERAGE NAIC 9 INSURED SJC 3 Consulting, Inc. INSURER A: HARTFORD CASUALTY INSURANCE CO INSURER B: P & C INS CO OF HARTFORD 6010 Sadring Ave. INSURERO: UNITED STATES LIABILITY INSURANCE C INSURER D: Woodland Hills CA 91367 INSURER E: 62122/17 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' NqP TYPE OF INSURANCIF POLICY NUMBER POLICY EFFECTIVE DATE (MMIr)r)fYYI POLICY EXPIRATIONLTH LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 72SBMUW5364 02!22116 62122/17 DAMAGE TO RENTED $300,000 CLAIMS MADE 7 OCCUR MED EXP (Any one ersan $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG 42,000,000 X I POLICY PRO -T F7 LOC B AUTOMOBILE LIABILITY ANY AUTO 72UECPX8366 11/30/15 11/30/16 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) $ X ALL OWNED AUTOS SCHEDULED AUTOS BODILYINJURY (Per accidedent) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATT ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER C Professional Liability SP 10125291 02/12/16 02/12/17 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS TEN DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM WILL BE PROVIDED l4tKI11-11, ►IC HVLUCK t Ar4trCLLAIIVIV SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Diamond Bar DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Tommye Cribbins, City Clerk NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 21825 Copley Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Diamond Bar, CA 91765 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE , „�' 'x <S'ACj ACORD 2R f2001111IR1 C7a11 rQ a i kl:%] Packet Pg. 296 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGUKU 25 (ZUU910B) 6.14.b Packet Pg. 297 6.14.b ACORD CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY) Tk 0210312017 PRODUCER TRADESTONE INSURANCE SERVICES, INC. 14772 PIPELINE AVE. STE B. CHINO HILLS, CA 91709 TEL: 909-597-4241' FAX: 909-597-4281 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED SJC 3 Consulting, Inc. 6010 Sadring Ave. Woodland Hills CA 91367 INSURER Sentinel Insurance Company INSURER a: California Automobile Insurance Company INSURERC UNITED STATES LIABILITY INSURANCE CI INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 TO DAMAGES' E.RENTED $1,000,000 A X COMMERCIAL GENERAL LIABILITY 72SBMUW5364 02122116 02122117 CLAIMS MADE ® OCCUR MED EXP (Ary oneperson) $10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: -COMPIOPAGG $2000000 -PRODUCTS X I POLICY PRO- LOC B AUTOMOBILE LIABILITY ANY AUTO BA040000030763 12/01/2016 12101/2017 COMBINED SINGLE LIMIT (Eaaccddant) 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC ANY AUTO AUTO ONLY: AGO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F—I CLAIMS MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OF _ F.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - POLICY LIMIT $ If yes, describe under SPECIAL PROVISIONS balo OTHER C Professional Liability SP 10125291 02/12/16 07/12117 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS TEN DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM WILL BE PROVIDED 17: Lg141 a:i City of Diamond Bar Tommye Cribbins, City Clerk 21825 Copley Drive Diamond Bar, CA 91765 ❑rnrxn oA r9nniinm SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL AOL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE <SAC> TION 1988 Packet Pg. 298 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 6.14.b Packet Pg. 299 March 3, 2017 To: Greg Gubman Community Development Director P, 0: Maria Torres Rehab Consultant Re: Workers Comp Insurance ---- Not Required During the past mine (9) years, I have been working as a part time independent consultant for Regina Guy, S.IC3Consuitling. I am aware that Workers Compensation insurance is not provided by Ms. Guy because I am not an employee but an independent consultant. Please let me know if you have any questions. 6.14.b Packet Pg. 300 CITY COUNCIL 6.15 Agenda #: 6.15 Meeting Date: June 20, 2017 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager 6i -t -C TITLE: APPROVE AMENDMENT NO.3 TO CONSULTING SERVICES AGREEMENT FOR STORMWATER COMPLIANCE AND ENVIRONMENTAL ENGINEERING SERVICES WITH OHN L. HUNTER & ASSOCIATES FOR A TOTAL NOT TO E CEED AMOUNT OF $74,500 FOR FISCAL YEAR 2017 2018. Strategic Goal: RESPONSIBLE STEWARDSHIP OF PUBLIC RESOURCES RECOMMENDATION: Approve. FINANCIAL IMPACT: The approved FY 17-18 Public Works Operating Budget has an amount of $285,000 for a variety of environmental compliance services with $85,000 identified for environmental engineering contract services. For review and implementation of stormwater regulations on development related projects, funding will be provided through developer fees and deposits paid by the applicant prior to the plan/report review stage. To date, John L. Hunter and Associates had been authorized a total cumulative amount of $240,838 since their original contract approval in 2007. Approval of Amendment No. 3 will reflect a total cumulative authorized contract amount of $315,338. BACKGROUND/DISCUSSION: John L. Hunter and Associates has been providing stormwater compliance services for the City since March 2007. The initial annual contract(s) was set up on an as -needed basis with annual allocations to be appropriated from the approved Public Works Operating Budget under the City Manager's authorization. To comply with the evermore and stringent stormwater regulations and environmental programs, Amendment No. 1 with John L. Hunter and Associates was approved by Council in April 2015 and Amendment No. 2 was approved in September 2016 due to the fact that the requested contract amounts exceeded the City Manager's authorization. Amendment No. 3 is Packet Pg. 301 6.15 being requested in the amount of $74,500 for fiscal year 2017-2018. On November 8, 2012, the California Regional Water Quality Control Board ("Board"), Los Angeles adopted the Municipal Separate Storm Sewer System ("MS4") Permit (Order No. R4-2012-0175), hereinafter referred to as "Permit". The City is a permittee under the Permit issued by the Board, which establishes requirements for MS4 discharges within the coastal watersheds of Los Angeles County, except discharges originating from the City of Long Beach. The Permit is different from the previous three (3) permits which simply required street sweeping, catch basin cleaning, and many other best practices to the "maximum extent practicable." The Permit gave cities two options to be in compliance which included a) Comply with strict numerical limits on pollutants immediately or b) Develop a Watershed Management Program (WMP) that would phase in the numeric limits over time. The WMP is an extensive program that looks at the type of pollutants and the land uses within a city where pollutants are generated; then using computer modeling, predicts the size needed and best locations for new treatment facilities to reduce or eliminate the pollutants to be in conformance with the numerical limits. In October 2013 Council approved a Memorandum of Understanding (MOU) with the Los Angeles Gateway Water Management Authority (LAGWMA) to develop a WMP in cooperation with thirteen other local jurisdictions (Permittees). Together, the Permittees created a technical working group under the name of the Lower San Gabriel River Watershed Group (LSGRWG) and has selected John L. Hunter & Associates to develop the WMP and Coordinated Integrated Monitoring Program (CIMP) as required by the 2012 Permit. In April 2015 the Los Angeles Regional Water Quality Control Board approved the LSGRWG WMP and required immediate implementation with full compliance to be achieved by 2026. In June 2015 Council approved an amendment to the MOU with the LAGWMA to implement the approved WMP and CIMP for the LSGRWG. John L. Hunter & Associates is under contract with the LSGRWG to manage implementation of the WMP and CIMP and provides regular oversight to the group to ensure that compliance milestones are being met. In addition to the requirements of the WMP with LSGRWG, the City is also responsible for ongoing stormwater compliance activities which include the submittal of an annual report to the State Board, Industrial/Commercial Inspections, Training, monthly Construction Site Inspections, Implementation of Low Impact Development (LID) requirements on land development projects, ongoing Public Outreach, and Participation at regional meetings that affect the City, to name a few. With all the stormwater mandates placed upon the cities, Diamond Bar has been able to remain in compliance with John L. Hunter & Associates services. Having a consultant who is familiar with the City, the various construction projects of the City with their importance to be implemented in an efficient manner, familiarity with the type of compliance activities that have been implemented to date, as well as being responsible for the WMP and CIMP preparation with the LSGRWG will ensure that Diamond Bar remains in compliance with all stormwater regulations imposed by the State. John L. Hunter and Associates Packet Pg. 302 maintains excellent rapport with regulatory agencies and the community, and is an expert in many areas of stormwater regulation. Staff finds the broad experience and successful implementation of stomrwater programs by John L. Hunter and Associates invaluable. :jN=1:7_1V:111l IF X a Kimberly Young, sorlor Ci it Enginar 6120/2017 Uff" LAW IC i , P i ector 6114/2017 anna oneywell, Finan irector 6/14/2017 Attachments: 1. 6.15.a John Hunter & Associates Amendment No. 3 2. 6.15.b John Hunter Proposal NPDES 2017-2018 6.15 Packet Pg. 303 AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT This Amendment No. 3 to Consultant Services Agreement ("Amendment No. 3") is made and entered into as of June 20, 2017 by and between the City of Diamond Bar, a municipal corporation ( "City"), and John L. Hunter & Associates (herein referred to as the "Consultant") with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of March 21, 2007, which is incorporated herein by this reference (the "Original Agreement"); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A, the Consultant's proposal, dated May 31, 2017; 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth or as referenced in Exhibit A. 4. Integration. This Amendment No. 3 and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Amendment No. 3 amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Amendment No. 3 and the terms and provisions of the Original Agreement, the terms and provisions of this Amendment No. 3 shall control. 973895.1 6.15.a Packet Pg. 304 IN WITNESS hereof, the parties enter into this Amendment No. 3 on the year and day first above written. 0414]ilk RYI01F_1ilk Ia John L. Hunter and Associates, Inc. By: Printed Name: Title: i1s]kVA Is] IWK6109]/_1►TAto] 01191Y_1:4 Jimmy Lin, Mayor Tommye A. Cribbins, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney 6.15.a Packet Pg. 305 May 31, 2017 Professional Services Proposal to Provide Municipal NPDES Assistance Prepared By: John L. Hunter and Associates 6131 Orangethorpe Ave Ste 300 Buena Park, CA 90620 Proposal contact: cmccullough@jlha.net (562) 802-7880 ext. 233 �: f.NG AS SPI CIc.'f ED'S. ING.. I` Walnut Industry ' rL-t'j West covj 4 - 6.15. b Pomona Prepared For: City of Diamond Bar Attention: Kimberly M. Young Public Works Department 21810 Copley Dr. Diamond Bar, CA 91765 Packet Pg. 306 Professional Services Proposal to Provide Municipal NPDES Assistance Table of Contents A. 1. B. C. D. A. 1. 2. 3. 4. 5. 6. 7. 8. 9. 6.15.b May 31, 2017 Company Credentials and Experience..............................................................................................1 Relevant Firm Experience.................................................................................................................1 MunicipalNPDES Programs.............................................................................................................1 TrackRecord.....................................................................................................................................3 Staffing Capability and Current Work Load......................................................................................3 Relevant Company Credentials.........................................................................................................3 Work Plan and Scope of Work..........................................................................................................4 Quality Control and Resource Management....................................................................................4 Planning and Land Development Program......................................................................................5 Development Construction Program...............................................................................................6 Industrial/Commercial Facilities Program.......................................................................................7 Public Agency Activities Program.....................................................................................................8 Illicit Discharge Detection and Elimination Program.......................................................................9 Public Information and Participation (Outreach) Program..............................................................9 Training..........................................................................................................................................10 Monitoring and Reporting Program (Annual Report)....................................................................10 Watershed Management, TMDL, and General NPDES Programs..................................................10 ProposedTeam...............................................................................................................................11 Project Team Experience with Similar Work...................................................................................11 Resumes..........................................................................................................................................13 Fees................................................................................................................................................. 20 RateSchedule..................................................................................................................................20 Estimated Not -to -Exceed Fee Proposal..........................................................................................20 P a g e i Packet Pg. 307 6.15.b Professional Services Proposal to Provide Municipal NPDES Assistance I. Company Credentials and Experience May 31, 2017 John L. Hunter and Associates, Inc. (JLHA) is an environmental consulting corporation established in 1985 that specializes in serving municipal clients. JLHA's mission is to provide its clients with the expertise necessary to comply with mandated environmental programs, such as NPDES, stormwater and watershed management, industrial waste and fats, oils and grease (FOG) control, water conservation, and recycling. Services provided under these programs include program management, engineering, inspections, monitoring, grant administration, and public education. A. Relevant Firm Experience Table 1 lists NPDES services currently or recently provided by JLHA. The following are summaries ofJLHA's experience related to NPDES Permit compliance and industrial waste and commercial FOG control. 1. Municipal NPDES Programs JLHA has considerable experience with Municipal NPDES Permit compliance programs, beginning with the inception of the Phase I MS4 Permits in the 1990s. Currently JLHA implements elements of such programs for 37 cities in the Southland. Services include the following: • 25 cities and 4 watershed groups: Program administration and/or technical support, • 32 cities: Field services such as BMP compliance inspections, • 22 cities: Plan review and approval (e.g., SUSMP/LID Plans, WQMPs, and SWPPPs), • 29 cities and 3 watershed groups: Reporting (e.g., annual, TMDL, and/or watershed reports), and • 28 cities and 3 watershed groups: Staff training. Relevant and recent activities include: • Representing cities in MS4 NPDES audits conducted by Regional Water Board staff: Seal Beach, 2015 (and 2010, 2006) 1 Stanton, 2014 (and 2010) • Obtaining and administering a Prop 84 grant for multi-watershed/multi-jurisdictional LID projects. • Managing BMP inspection programs that cover, in total, over 10,000 sites. • Developing 4 Watershed Management Programs in 2014-15 under the area -wide LA MS4 Permit. JLHA also served as the lead consultant for the development of the Watershed Management Programs (WMPs) for the Lower Los Angeles River (LLAR), Lower San Gabriel River (LSGR), City of Long Beach, and Peninsula Cities Watershed Groups, and served as a sub -consultant for the development of the WMP for the Los Cerritos Channel (LCC) Watershed Group. As part of WMP development, JLHA also oversaw the development of Coordinated Integrated Monitoring Programs (CIMPs) for the LLAR, LSGR, and Peninsula Cities Watershed Groups. All plans were approved by the Regional Board in 2015 and 2016. Together the member agencies of these Watershed Groups represent 20 MS4 NPDES Permittees. JLHA serves as the consultant team lead for the LLAR, LSGR, and Peninsula Cities Watershed Groups. Services include administering monitoring activities, watershed annual reporting, technical committee meetings, and certain WMP implementation efforts such as feasibility studies. In this capacity JLHA also regularly interfaces with city councils and Regional Board staff and members. JLHA also represents twelve municipal clients in watershed management groups for the Upper Los Angeles River, Upper San Gabriel River, Dominguez Channel and Los Cerritos Channel. P a g e l Packet Pg. 308 6.15. b Professional Services Proposal to Provide Municipal NPDES Assistance Table 1: Summary of Municipal NPDES Services Recently or Currently Provided May 31, 2017 Client u_ it N p f�0 ,.' u- ar u i w L v ++ C N O_ N o Munici al NPDES Programs C — bD O \ t6 u u _aN .� L Vu1 O u VI E 2: 7 }' N �- Q = u Q l..Icu Sc� -o a0 Watershed C C c N O d C S0 - Q L C yO,, N y C > O � , -6 = n General Services +3 E i UA O O C Q 22 a Q Arcadia 1995 22 -- x x x x x -- x x x Artesia 2014 3 x x x x x x x x x Bellflower 2014 1 x Big Bear Lake 2004 13 x x x Buena Park 2010 7 x Carlsbad 2016 - x Cerritos 2015 2 -- x Covina 2008 9 x x x Diamond Bar 2007 10 x x x x x x x x x x Downey 2011 6 x x x x x x x x x x Glendale 2013 4 x x x x x Gateway Water Mgmt. Authority 2012 5 x -- Hawaiian Gardens 2012 5 x x x x x x x x x x Hawthorne 2000 17 x x x x x x x x Inglewood 2015 2 -- -- x -- x - x x x La Habra 2011 6 x x x x x x x x Lakewood 2014 1 - -- x - -- — -- -- -- Lomita 2015 2 x x x x x x x x x Long Beach 2014 3 x x -- x x LCC Watershed Group 2013 4 x x x -- x x LLAR Watershed Group 2013 4 x x x x x x LSGR Watershed Group 2013 4 x x x x x x Lynwood 2014 3 x x x x x x x x x x Manhattan Beach 2010 7 -- -- x x — Monterey Park 2005 12 x x x x x x x x x x x x Norwalk 2010 7 x x x x x x x x x x Paramount 2014 3 x x x x x x x x x x Pasadena 2015 2 x x x x x Peninsula Watershed Group 2013 4 x x x x -- x Placentia 2013 4 x x x x x x x x Rancho Palos Verdes 1994 23 x x x x x x x x x x Rolling Hills 2009 8 x x — Santa Fe Springs 2016 1 x x Seal Beach 2005 12 x x x x x x x x x x Signal Hill 1985 32 x x x x x x x x x x -- x South Gate 1991 26 x x x x x x x x x x x x South Pasadena 2005 12 -- x x x -- x x x x x -- x Stanton 2007 10 x x x x x x x x x x Temple City 2003 14 x x x x x x x x x x x Villa Park 2013 4 x x x x x x x x x West Covina 2015 2 x x x x x x x x x x West Hollywood 1995 22 x x x x x x -- x — Whittier TOTALS out of 43 clients 2014 3 — 22 x 27 x 26 x 30 x 24 x 23 5 x 21 4 -- 9 x 32 x 32 5 x 29 a a P 2 Packet Pg. 309 Professional Services Proposal to Provide Municipal NPDES Assistance May 31, 2017 B. Track Record JLHA has aided municipalities in compliance with NPDES MS4 Permit provisions since their first issuance in the 1990s. Since that time JLHA has maintained a track record of meeting project schedules. This may be evidenced by direction communication with existing clients, such as those listed in the References Section. Another metric for JLHA's ability to meet project schedules is through its success in representing clients in Regional Water Board NPDES Program audits. These audits included detailed reviews of records for NPDES sub -programs managed and implemented by JLHA Project Teams. Of the many Regional Water Board NPDES Program audits that JLHA personnel participated in, none resulted in enforcement actions. JLHA's success in meeting project schedules is also evident in its existing clients' previous NPDES annual reports, which tabulate program deliverables such as inspections, plan checks, and TMDL reporting. C. Staffing Capability and Current Work Load JLHA staffing is at 25, consisting of 20 full-time staff and 5 part-time staff. This includes 1 principal, 2 directors, 5 project managers, 5 engineers, 7 field inspectors, 2 GIS specialists, and 3 administrative staff. All staff operate out of JLHA's office at 6131 Orangethorpe Ave, Suite 300, in Buena Park, California. JLHA subcontracts additional services as -needed such as water quality monitoring and laboratory analysis, outfall screening, construction management, and computational analysis. Subcontracted services are not required for this project. The Project Team listed in the following section will be available to provide the requested services throughout the term listed in the RFP. D. Relevant Company Credentials Staff credentials include certified professionals in engineering, stormwater quality, BMP (Best Management Practice) inspection, erosion control, SWPPP development and implementation, and environmental assessment. Table 2 lists specialized credentials related to this project that are held by JLHA staff. The experience, credentials and education of the project team members are included in the following Section. Proof of credentials are included in the Appendices. Table 2: Specialized Credentials held by JLHA Staff Credentialed Staff Credential Credential Description Assigned to this Project? CPSWQ Certified Professional in Stormwater Quality Yes CPESC Certified Professional in Erosion and Sediment Control Yes CESSWI Certified Erosion, Sediment and Stormwater Inspector Yes QSD Qualified SWPPP Developer (Construction) Yes QSP Qualified SWPPP Practitioner (Construction) Yes QISP Qualified Industrial Stormwater Practitioner Yes CGP ToR Trainer of Record for the NPDES Construction General Permit Yes IGP ToR Trainer of Record for the NPDES Industrial General Permit Yes 6.15. b °age3 Packet Pg. 310 6.15.b Professional Services Proposal to Provide Municipal NPDES Assistance II. Work Plan and Scope of Work May 31, 2017 JLHA welcomes the opportunity to provide professional Municipal NPDES services to the City of Diamond Bar. This section details the annual work plan for completing the scope of work. The schedule for completion of the services listed is within one year of start work. The timeframe of this proposal is for a period of one year from July 1, 2017 to June 30, 2018. The scope of work may be extended for additional years upon mutual agreement of the City and JLHA. A. Quality Control and Resource Management Service quality is ensured through a QA/QC budget assigned to each sub -program. This budget (approximately 5% of total program costs) is for time spent by Project Manager and Functional Manager's time to review the Project Team's work product. This time is also used to track and control the budget and to ensure control of the schedule of services provided as listed in the following subsections. P a g e 4 Packet Pg. 311 Professional Services Proposal to Provide Municipal NPDES Assistance 6.15.b May 31, 2017 1. Planning and Land Development Program Table 3 lists the scope of work for the Planning and Land Development Program. Turn -around time for plan review is two weeks. Although we are available to assist with all program tasks, we understand that some tasks, such as BMP installation verification, may be conducted in part or in full by in-house staff or other city contractors. Table 3. As -needed Scope of Work for the Plannine and Land Development Proeram MS4 Permit § Mandated Task VI.D.7.b.i,ii Develop planning forms (complete) VI.D.7.d Program Implementation d.i Prepare and adopt LID ordinance (complete) d.ii Review LID plans following the criteria of VI.D.7.b-c d.iv.(1).(a) Track projects and BMPs in an electronic database d.iv.(1).(a) Track all inspection reports and enforcement actions d.iv.(1).(b) Conduct BMP verification inspections d.iv.(1).(c) Notify existing LID Plan sites of maintenance requirements d.iv.(1).(c) Conduct BMP maintenance inspections d.iv.(1).(e) Conduct follow-up activities at non-compliant projects VI.D.7.a Manage Program, Implement QA/QC Procedures Based on 1) our understanding of the City's existing Planning and Land Development Program and 2) the current MS4 Permit requirements for this program, we will make the following estimates: Scope of Work Estimates Track 7 LID Plan projects Review/approve 7 LID Plan projects Conduct -- BMP verification inspections: as -needed Notify 7 Sites on BMP maintenance Conduct 5 BMP maintenance inspections Conduct 6 follow-up inspections If through program implementation we find that these quantities are significant underestimates, we will inform the City. In this event additional work will not be conducted without written approval from the City. P a g e 5 Packet Pg. 312 6.15.b Professional Services Proposal to Provide Municipal NPDES Assistance May 31, 2017 2. Development Construction Program Table 4 lists the scope of work for the Development Construction Program. Training sessions will be conducted at a time set by City staff. Training topics will include the key components of the QSP and QSD Programs. Updated and revised training documentation will be available for distribution. Should the City request a SWPPP review, turn -around time is two weeks. Inspections at state -permitted construction sites are conducted once a month. Inspections at sites disturbing less than one acre—an enhanced control measure that exceeds minimum requirements—can be conducted at the City's request. Enforcement actions, when necessary, are issued within one week. Follow-ups are conducted within the timeframe provided in the enforcement action. Table 4. Scope of work for the Development Construction Program MS4 Permit § Task VI.D.8.d Sites less than one acre: Track, inspect, and conduct follow-ups at request of city VI.D.8.g Inventory Construction sites (>_1 acre) g.i Update monthly the inventory of >1 acre construction sites g.ii, j.ii.(4).(f) Track site inventory, inspections, and enforcement actions using an electronic database VI.D.8.h Review and Approval Construction SWPPPs VI.D.8.j Inspect >_1 acre Construction Sites monthly for proper BMP implementation VI.D.2, 8.k Ensure Compliance (Implement Progressive Enforcement) 2.a.i Follow-up at non-compliant facilities within 4 weeks 2.a.ii Prepare formal violation notices following the City's municipal code VI.D.8.1 Train City Staff 1.ii.(1) Train plan reviewers and permitting staff in BMP standards and SWPPP requirements 1.ii.(2) Train construction site inspection staff in BMP standards and SWPPP requirements VI.D.8.a Manage Program, Implement QA/QC Procedures Based on 1) our understanding of the City's existing Development Construction Program and 2) the current MS4 Permit requirements for this program, we will make the following estimates: Scope of Work Estimates Review/approve 2 SWPPPs Track 7 CGP sites monthly Inspect 7 CGP sites monthly Conduct 84 CGP inspections in total Conduct 17 follow-ups Prepare 4 enforcement actions If through program implementation we find that these quantities are significant underestimates, we will inform the City. In this event additional work will not be conducted without written approval from the City. P a g e 6 Packet Pg. 313 Professional Services Proposal to Provide Municipal NPDES Assistance 6.15.b May 31, 2017 3. Industrial/Commercial Facilities Program Table 5 lists the scope of work for the Industrial/Commercial Facilities Program. The second round of inspections will continue in this reporting year and will be completed prior to December 28, 2017. Table 5. Scope of Work for the Industrial/Commercial Facilities Prosram MS4 Permit § Task VI.D.6.b Track Critical Industrial/Commercial Sources b.i, iii Review city databases to determine inventory of industrial/commercial facilities b.ii Track facilities in a watershed -based inventory using an electronic database Track inspection reports and enforcement actions with an electronic database VI.D.6.c Educate Industrial/Commercial Sources c.i Notify facility operators of applicable BMP requirements c.ii Develop and implement a Business Assistance Program c.ii Develop educational materials to be distributed to facilities VI.D.6.d,e,f Inspect Critical Industrial/Commercial Sources 6.d,e,f Inspect commercial/ industrial facilities for proper BMP implementation VI.D.2, 6.h Ensure Compliance (Implement Progressive Enforcement) 2.a.i Follow-up at non-compliant facilities within 4 weeks 2.a.ii Prepare formal violation notices following the City's municipal code VI.D.6.a Manage Program, Implement QA/QC Procedures Based on 1) our understanding of the City's existing Industrial/Commercial Facilities Program and 2) the current MS4 Permit requirements for this program, we will make the following estimates: Scope of Work Estimates Track 187 facilities Inspect 124 facilities Educate 124 facilities Conduct 12 follow-ups Prepare 7 enforcement actions If through program implementation we find that these quantities are significant underestimates, we will inform the City. In this event additional work will not be conducted without written approval from the City. P a g e 7 Packet Pg. 314 6.15.b Professional Services Proposal to Provide Municipal NPDES Assistance May 31, 2017 4. Public Agency Activities Program Table 6 lists the scope of work for the Public Agency Activities Program. Training sessions will be conducted at a time set by City staff. Updated and revised training documentation will be available for distribution. Table 6. Scope of work for the Public Agency Activities Program MS4 Permit § Task VI.D.9.b Public Construction Activities (addressed by Development Construction Program) VI.D.9.c Inventory Public Facilities, including pollutants sources (not within scope of work) VI.D.9.d Inventory Existing Development Retrofit Opportunities (note within scope of work) d.ii, iii Identify and rank candidate retrofit areas using watershed model/screening tools VI.D.9.e Public Agency Facility and Activity Management (not within scope of work) e.iii, vi Develop BMPs for 64 activities listed in Table 18 of the MS4 Permit e.iv Develop language to require contractors to implement BMPs from VI.D.9.e.iii VI.D.9.g Landscape, Park, and Recreational Facilities Management (not within scope of work) g.ii Develop Integrated Pest Management Policy (complete) VI.D.9.h Storm Drain Operation and Maintenance (not within scope of work) h.iii Prioritize catch basins TBD Assist with installation of trash capture devices in high priority areas (not applicable) VI.D.9.k Municipal Employee and Contractor Training Train staff in targeted positions of requirements of Public Agency Activities Program VI.D.9.a Manage Program, Implement QA/QC Procedures P a g e 8 Packet Pg. 315 6.15.b Professional Services Proposal to Provide Municipal NPDES Assistance May 31, 2017 S. Illicit Discharge Detection and Elimination Program Table 7 lists the scope of work for the Illicit Discharge Detection and Elimination Program. Our staff is available on an as -needed basis to respond to spills and investigations of illicit discharges. Training sessions will be conducted at a time set by City staff. Updated and revised training documentation will be available for distribution. Complaints received will be investigated within the timeframes provided in the MS4 Permit's Progressive Enforcement procedures (MS4 Permit VI.D.2.a). Enforcement actions will be undertaken following these procedures. If needed, within normal working hours inspection staff will be available to respond to any complaint within two hours. Table 7. Scope of work for the Illicit Discharge Detection and Elimination Program MS4 Permit § Task VI.D.10.b Investigate and Eliminate Illicit Discharges (as needed) b.ii Investigate illicit discharge complaints and prepare investigation reports (as needed) b.iv.(1) Conduct follow-up investigations to verify elimination of detected illicit discharges VI.D.10.d Public Reporting of Non-stormwater Discharges and Spills d.iv Develop written procedures for tracking complaints (complete) d.v Document complaints and investigations (as needed) VI.D.10.e Spill Response Plan (complete) VI.D.10.f Illicit Connection and Illicit Discharge Education and Training f.iii Train staff in illicit discharge identification, elimination, clean-up, reporting, documentation VI.D.10.a Manage Program, Implement QA/QC Procedures 6. Public Information and Participation (Outreach) Program Table 8 lists the scope of work forthe Public Information and Participation Program. The Point -of -Purchase Program will be implemented once within the reporting year. Educational material will be updated as - needed. Our staff is available as -needed to assist in stormwater education at City events. Table 8. Scope of work for the Public Information and Participation Program MS4 Permit § Task VI.D.5.c Public Participation: Assist in a City event to promote public involvement in pollution prevention VI.D.5.d Residential Outreach Program d.i.(1) Prepare article for City media outlet d.i.(2) Update educational materials to address vehicle, house, yard, pesticide, animal, construction wastes d.i.(3) Distribute materials at points of purchase (auto, home improvement, gardening, pet/feed stores) d.i.(4) Maintain stormwater website d.i.(5) Provide educational materials to school children (primarily addressed by County program) d.i.(6) Provide educational materials in Spanish VI.D.5.a Administer Program, Implement QA/QC Procedures P a g e 9 Packet Pg. 316 Professional Services Proposal to Provide Municipal NPDES Assistance May 31, 2017 7. Training Annual training to City staff for the Development Construction, Public Agency Activities Program, and Illicit Discharge Program, is described in the corresponding scope of work subsections. 8. Monitoring and Reporting Program (Annual Report) Table 9 lists the scope of work for the Monitoring and Reporting Program. The elements of the Annual Report prepared by JLHA will include a first draft to meet the mid-September watershed -wide deadline as well as a final draft for City review one month prior to submittal on December 15tH Table 9. Scope of work for the Monitoring and Reportine Program MS4 Permit § Task MRP XVIII, XIX Reporting: Assist in preparation of Annual MS4 NPDES Annual Report Monitoring is not within the scope of this proposal 9. Watershed Management, TMDL, and General NPDES Programs The City is a member of the Lower San Gabriel River (LSGR) Watershed Management Group, which includes contributing funds (separate from this proposal) for the implementation of a Coordinated Integrated Monitoring Program (CIMP) as well as the continued development of the LSGR Watershed Management Program (WMP) and CIMP. The LSGR WMP is the City's plan to comply with the LA Countywide MS4 NPDES Permit, which is driven in large part by Total Maximum Daily Loads (TMDLs). There are two TMDLs in the LSGR watershed: metals (copper, lead, and zinc) and bacteria. A line item for assistance with the statewide trash amendments is also included, since it will be an MS4 NPDES compliance program upon the effective date of the next MS4 NPDES Permit. Table 10 lists the scope of work for the Watershed Management, TMDL, and General NPDES Programs. I aDle iu. JCOpe OT worK Tor (jeneral IWA i\ji-o ) Permit ASSistance As -Needed Task Represent City at watershed management group meetings as -needed Assist with WMP, Metals TMDL, and Bacteria TMDL implementation Assist with Statewide Trash Amendments implementation Assist with WMP, CIMP, TMDL, and General NPDES developments as -needed Represent City at relevant NPDES-related meetings and update City staff Provide program updates to City staff and, as -needed, elected officials Provide assistance with the WMP Adaptive Management process and MS4 Permit renewal Represent City interests in negotiations and communications with the Regional Water Board Provide assistance with other NPDES and TMDL-related tasks as requested by City staff 6.15.b P a g e 10 Packet Pg. 317 Professional Services Proposal to Provide Municipal NPDES Assistance III. Proposed Team 6.15. b May 31, 2017 Table 11 lists the roles of the Project Team. Detailed qualifications of the Project Team are included under the Resume section. Project Title Project Manager E Project Manager Q) (Alternate)/ Q) Uo Project Engineer Project Analyst Company Principal Company Director Senior Engineer E co aa) Functional Manager a, c a, X Functional Manager LU Project Analyst/ Outreach Specialist Compliance Inspectors Table 11. Project Team Roles Team Member Information Name Cameron McCullough, MS, CPSWQ QSD/P, IGP ToR Roles Point -of -contact, project delivery, project development Training programs and watershed management programs support Name Michelle Staffield, MSE Point -of -contact, project delivery, project development Roles — New Development and watershed management programs support Name Hugo Garcia, CESSWI, QSP Roles Point -of -contact, project development GIS and watershed management programs support Name John Hunter, PE, REA Roles Project oversight and as -needed support Name Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR Roles As -needed project oversight and support Used oil and BCR programs support Name Rosalinda Tandoc, PE Roles Plan review and approval Name Jose Rodriguez, CESSWI, QSP Roles Business inspection programs support Name Jennifer Nowaczewski, CPSWQ QSD/P Roles Construction and Watershed Management programs support Name Marie Anne Antiga Roles Public education programs implementation (NPDES, U0, and BCR) Name Stormy Mallett, CESSWI, QSP / Wilson Duong Roles Field compliance inspectors Additional key staff assisting Project Team on an as -needed basis: Mikki Klee, PE, CPESC. Role: Plan review. Michelle Kim, MSE. Role: Plan review. A. Project Team Experience with Similar Work Table 12 lists similar services provided by the Core Project Team members to other municipal clients. The Table also includes the budget and contact information for each client. All of these services are ongoing, provided on an annual basis. 11 Packet Pg. 318 Professional Services Proposal to Provide Municipal NPDES Assistance Table 12. Core Team Experience Providing Similar Work 6.15. b May 31, 2017 P a F, 12 Packet Pg. 319 Core Team Member Service Providing Service Client Ln LU CL Z o O= m g U _ = Client Contact Arcadia x x x Vanessa Hevener, 11800 Goldring Rd, 626.305.5327 Artesia x x Okina Dor, 18747 Clarkdale Ave, 562.865.6262 Bellflower x N/A Big Bear Lake x x x Joseph Cylwik, 39707 Big Bear Blvd, 909.866.5831 Buena Park x N/A Cerritos x N/A Covina x x Sharon Gallant, 125 E College St, 626.384.5484 Diamond Bar x x John Beshay, 21810 Copley Dr, 909.839.7043 Downey x x x Dan Mueller, 11111 Brookshire Ave, 562.622.3578 Glendale x x Chris Chew, 633EBroadway Rm205,818.548.3945 GatewayWMAuthority x x Grace Kast,16401 Paramount Blvd, Paramount, 562.663.6850 Hawaiian Gardens x x Joe Colombo, 21815 Pioneer Blvd, 562.420.2641 Hawthorne x x x Doug Krauss, 4455 W 126' St, 310.349.2987 Inglewood x x x Lauren Amimoto,1 W Manchester Blvd, 310.412.5333 La Habra x x Melissa You, 110 E La Habra Blvd, 562.383.4000 Lakewood x Konya Vivante, 5050 Clark Ave, 562.866.9771 Lomita x Mark McAvoy, 24300 Narbonne Ave, 310.325.7110 Long Beach x — x Alvin Papa, 333 W Ocean Blvd, 562.570.6386 LCC Watershed Group x x x Alvin Papa, 333 W Ocean Blvd, 562.570.6386 LLAR Watershed Group x x x Grissel Chavez, 2175 Cherry Ave, Signal Hill, 562.989.3799 LSGR Watershed Group x x x Adriana Figueroa, 12700 Norwalk Blvd, Norwalk, 562.929.5915 Lynwood x x x x x x x Lorry Hempe,11330 Bullis Rd, 310.603.0220 Manhattan Beach x x N/A Monterey Park x x x Bonnie Tam, 320 W NewmarkAve, 626.307.1383 Norwalk x x x Adriana Figueroa, 12700 Norwalk Blvd, 562.929.5915 Paramount x — Sarah Ho, 15300 Downey Ave, 562.220.2020 Pasadena x x Kris Markarian, 100 Garfield Ave, 626.744.7311 Peninsula Watershed Group x N/A Placentia x Luis Estevez, 401 E Chapman Ave, 714.993.8117 Rancho Palos Verdes x Lauren Ramezani, 30940 Hawthorne Blvd, 310.544.5245 Rolling Hills x N/A Santa Fe Springs x N/A Seal Beach x x Steve Myrter, 211 Eighth St, 562.431.2527 Signal Hill x x -- x x Grissel Chavez, 2175 Cherry Ave, 562.989.3799 South EI Monte x x Manny Mancha, 1415 Santa Anita Ave, 626.579.6540 South Gate x x x x x x x Guillermo Petra, 8650 California Ave, 323.563.9500 South Pasadena x -- -- -- x x Rafael Castillas,1414 Mission St, 626.403.7200 Stanton x x — Allan Rigg 7800 Katella Ave, 714.379.9222 Temple City x x x Andrew Coyne, 9701 Las Tunas Dr, 626.285.2171 Villa Park x Steve Franks, 17855 Santiago Blvd, 714.998.1500 West Covina x x Chino Consunji, 1444WGarveyAve, 626.939.8425 West Hollywood x x x Matt Magener, 8300 Santa Monica Blvd, 323.848.6894 Whittier x x -- x x x Kyle Cason, 13230 Penn St, 562.567.9999 P a F, 12 Packet Pg. 319 Professional Services Proposal to Provide Municipal NPDES Assistance B. Resumes 6.15.b May 31, 2017 The following section includes the resumes and certifications of key personnel for this project. P a g c 13 Packet Pg. 320 6.15.b Professional Services Proposal to Provide Municipal NPDES Assistance Education M.S., Applied Mathematics, CSULB B.S., Physics, CSULB Certifications CPSWQ, Envirocert (#0842) QSD/QSP, CASQA (#22706) IGP Trainer of Record, CASQA (#079) Affiliations Phi Beta Kappa Society Society for Industrial & Applied Math Mav 31, 2017 Cameron McCullough, MS, CPSWQ, QSD/P, IGP ToR Director Cameron McCullough has thirteen years of experience in the environmental compliance field, specializing in surface water quality regulation. His experiences include managing the development and implementation of municipal NPDES, TMDL, and FOG Control programs, assisting and training municipal staff in their in-house NPDES programs, and representing client interests in interactions with regulators and other stakeholders. Recent Experience and Project Qualifications Municipal NPDES Permit Management: Mr. McCullough serves as a Programs Manager of municipal NPDES Permit programs for multiple cities throughout the Southland. Permits managed include the NPDES stormwater permits— MS4, IGP, CGP—as well as non-stormwater permits and related orders such as those for drinking water system releases and sanitary sewer overflows. Permit programs address (1) stormwater quality for construction, industrial, and municipal activities and post -construction BMPs for development activities, (2) non-stormwater discharges to and from the MS4, (3) TMDLs for water bodies impaired by trash, metals, toxics, and bacteria, and (4) surface water quality monitoring. Through his program management activities, he has developed qualifications that meet those required to serve as the Project Manager for this project. Specific examples of these qualifications include: ■ Serving as a Project Manager for contracted MS4 NPDES Program assistance for local cities. (Lomita, Glendale, Hawthorne, Monterey Park, Placentia, Stanton, Temple City, Villa Park, West Covina, and West Hollywood.) Responsibilities include serving as project point -of -contact, overseeing the Project Team, ensuring successful completion of the project, and representing the client in interactions with regulators and watershed groups. ■ Through these projects Mr. McCullough has served as Project Lead to all subordinate members of the team for this project. As such the team has developed a track record of working together effectively. ■ Representing cities in MS4 NPDES Permit compliance audits from the Regional Water Quality Control Board. (Seal Beach 2006, 2010, Stanton 2010, 2014, Big Bear Lake 2007.) ■ Developing 1) watershed -based compliance plans for wet and dry weather TMDLs for Metals, Toxics, Bacteria, and Trash (Lower Los Angeles River, Lower San Gabriel River, and Long Beach Nearshore Watersheds: 2013- 2016), 2) municipal Stormwater Quality Management Programs (Stanton 2011, Villa Park 2015) and 3) SWPPPs (Downey, Norwalk, Lynwood, Pico Rivera, West Covina: 2011-2016). ■ Leading hundreds of municipal training sessions in MS4, IGP, CGP, and Drinking Water System NPDES Permits, as well as SSO spill response and FOG control. (26 municipal clients from 2004-2016, covering 3 State Water Board Regions and 5 Phase I MS4 Permits.) Watershed Management: Mr. McCullough served as a Project Manager for the development of the Watershed Management Programs (WMPs) for the Lower Los Angeles River, Lower San Gabriel River, and Long Beach Nearshore Watershed Groups (2013-2016). The WMPs were developed by MS4 Permittees with shared watershed boundaries, with the objective of achieving surface water quality standards. Tasks included identifying water quality priorities, evaluating existing control measures, developing new control measures and compliance schedules, and providing quantitive reasonable assurance to attain water quality standards. He has also lead multi -jurisdictional workshops and technical committees on watershed management program implementation, and engaged with Regional Water Quality Control Board members, staff and non-governmental organizations in support of contested issues regarding the watershed management compliance approach. Through representation of municipal clients' stakeholder interests, Mr. McCullough has also participated in the development of watershed management programs and monitoring programs for the Los Cerritos Channel, Dominguez Channel, Upper Los Angeles River, and Upper San Gabriel River (2013 -present). P a g c 14 Packet Pg. 321 Professional Services Proposal to Provide Municipal NPDES Assistance 6.15.b May 31, 2017 Education Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR M.S., Environmental Science, CSUF Director B.S., Zoology, Cal State Poly Pomona Jillian Brickey has ten years of experience in environmental Minor, Chemistry management, specializing in stormwater and watershed Certifications management and water conservation. Her relevant experiences CPSWQ, Envirocert (#0845) include implementing and managing NPDES municipal Permit QSD/QSP, CASQA (#22731) programs for Low Impact Development, Development Construction, CGP Trainer of Record, CASQA and TMDL/watershed management. Tasks include includes plan review and approval, reporting, training municipal staff in program implementation, and representing client interests in interactions with regulators and other stakeholders. Recent Experience and Project Qualifications Municipal NPDES Permit Management: Ms. Brickey serves as a Programs Manager of municipal NPDES Permit programs for multiple cities throughout the Southland. NPDES Permits managed include all elements of the MS4 and CGP Permits, including erosion/sediment control and Low Impact Development (LID) for construction projects, and TMDL implementation for water bodies impaired by trash, metals, toxics, and bacteria. Through these management activities, she has: ■ Represented cities in MS4 NPDES Permit New Development compliance audits from the Regional Water Quality Control Board. (Seal Beach: 2010, 2015, Stanton: 2010). ■ Developed TMDL compliance plans for Metals, Toxics, Bacteria, and Trash. (Lower Los Angeles River, Lower San Gabriel River, Long Beach Nearshore Watersheds: 2013-2016.) ■ Served as primary contact with clients and represented their interests when interacting with regulators. (Covina, La Habra, Seal Beach, South Pasadena, Stanton, Pasadena, West Hollywood). ■ Developed Stormwater Quality Management Programs (Seal Beach: 2011), LID compliance guideline documents (Gateway cities, 2014), and LID ordinances (2014). ■ Held CGP QSD/QSP training as a CGP ToR (Pasadena, 2016) and led over one hundred municipal training sessions in MS4 and CGP Permits. (Over 20 municipal clients: 2008-2016). ■ Reviewed on behalf of municipal clients hundreds of LID Plans, WQMPs, and SWPPPs and verified proper installation and maintenance of hundreds of LID BMPs. ■ Supervised JLHA plan checking staff. Watershed Management: Ms. Brickey served as a Project Manager for the development of the Watershed Management Programs (WMPs) for the Lower Los Angeles River and Lower San Gabriel River Watershed Groups (2013-2016). The WMPs were developed by MS4 Permittees with shared watershed boundaries, with the objective of achieving surface water quality standards. Tasks included evaluating existing control measures and developing new control measures and compliance schedules to achieve water quality standards. She also oversaw the development and implementation of municipal LID ordinances as required through the WMP development process. This included the preparation of a LID Ordinance Equivalency Demonstration forthe City of Long Beach. She has also lead multi -jurisdictional workshops and technical committees on watershed management program implementation, and engaged with Regional Water Quality Control Board members, staff and non- governmental organizations in support of contested issues regarding the watershed management compliance approach. Through representation of municipal clients' stakeholder interests, Ms. Brickey has also participated in the development of watershed management programs and monitoring programs for the Upper Los Angeles River, Upper San Gabriel River, and Peninsula Cities Watershed Groups (2013 -present). P a g e 15 Packet Pg. 322 6.15.b Professional Services Proposal to Provide Municipal NPDES Assistance Education B.S. Chemical Engineering, CSULB B.S. Biological Sciences, UCI Certifications and Licenses CA Professional Chemical Engineer, 4724 CA Registered Environmental Assessor, 0900 CA Hazardous Substance Removal, A3382 CA General Engineering License, A-582340 May 31, 2017 John L. Hunter, PE Principal Mr. Hunter serves as the Principal of JLHA. He has 31 years of experience in municipal environmental programs and currently oversees: (1) elements of over 40 separate NPDES programs encompassing three counties that covers programs such as: watershed and stormwater management, TMDL implementation, plan reviews, industrial and construction inspections, public agency activities, public outreach, and monitoring/reporting; (2) eleven municipal FOG programs encompassing permitting, inspections and enforcement; (3) seven municipal Used Oil Recycling programs; (4) three municipal Beverage Container Recycling programs; and (5) two water conservation programs. As of May 2016 Mr. Hunter serves as the chair for the LA Permit Group, which provides area - wide MS4 Permit updates to all affected parties under the LA Region MS4 Permit. Related Experience Watershed Management Lead consultant for the Lower Los Angeles River Watershed Group, the Lower San Gabriel River Watershed Group, the Peninsula Cities Watershed Group, and the Long Beach Near -shore watersheds. Oversaw preparation and oversees continued development of the Watershed Management Programs for these groups. Also participates in the Upper Los Angeles River Watershed Group, the Dominguez Channel Watershed Group, and the Los Cerritos Channel Watershed Group. Total Maximum Daily Loads Los Angeles River Metals TMDL: Developed the Reach 1 Metals TMDL Implementation Plan on behalf of nine local agencies. The Plan was used as a source document for the Compliance Schedule in the Lower LA River WMP. Los Angeles River Trash TMDL: Administered Trash DGR studies and associated compliance reports for multiple cities since 2004. Negotiated client interests with Regional Board staff. Obtained grant funding for and prepared the Hamilton Bowl BMP Study. The study evaluated different end -of -pipe trash capture systems for the Cities of Signal Hill and Long Beach. MS4 Permit Minimum Control Measures (MCMs Oversees MCM elements of MS4 Permits for 37 cities. MCM programs include business and construction site inspections, LID Plan and SWPPP reviews, BMP implementation for public agency activities, illicit discharge investigations, and public outreach. Representation and advocacy Represents client interests in meetings with Regional Board staff/members regarding (E)WMPs, TMDLs, and other Permit mandates. Has chaired the Los Angeles River Watershed Management Committee, Santa Monica Bay Bacterial TMDL J7 Subcommittee, and the LA Permit Group. Currently serves as technical lead for the Lower San Gabriel, Lower Los Angeles, and Peninsula Cities Watershed Management Groups. P a g e 16 Packet Pg. 323 Professional Services Proposal to Provide Municipal NPDES Assistance May 31, 2017 Michelle Staffield, MSE, EIT Water Resources Engineer 10 Years of Experience in Water Quality Michelle Staffield has managed a variety of water quality improvement programs throughout Education Southern California. Her relevant experiences and M.S., Civil Engineering, Loyola Marymount tasks include implementing and managing NPDES B.S., Ecology, Behavior, & Evolution, UCSD municipal permit provisions such as watershed management, planning and land development, Certifications TMDL compliance, p public information and EIT #141553, NCEES participation, and representing clients at meetings. She is also involved in the development and review of Water Quality Management Plans (WQMPs), Standard Urban Stormwater Mitigation Plans (SUSMPs), and Watershed Management Programs. Her current responsibilities include providing municipal NPDES plan checking services, conducting BMP verification and maintenance inspections, representing clients in meetings, and assisting in the implementation of Watershed Management Programs. Michelle's client -specific responsibilities at JLHA include: • Reviewing LID Plans following the standards of the Los Angeles County area -wide MS4 Permit for the cities of Diamond Bar, Downey, Monterey Park, Norwalk, Pasadena, Santa Fe Springs, Signal Hill, South Gate, and West Hollywood. • Reviewing WQMPs following the standards of the North Orange County area -wide MS4 Permit for the cities of Buena Park, La Habra, Seal Beach, and Stanton. (WQMPs are the Orange County - equivalent of Los Angeles County's LID Plans.) • Serving as point -of -contact with project engineers for the LID Plan and WQMP review process. • Conducting post -construction BMP inspections for the City of West Hollywood. • Assisting in municipal TMDL compliance activities, including the preparation of Trash TMDL studies and compliance reports. • Assisting in MS4 Permit Project Management for the Cities of South Gate and Signal Hill. Tasks include serving as a point -of -contact with City staff, representing city interests at watershed meetings and other NPDES-related meetings and hearings, and preparing the Individual Annual Report. • Assisting in Project Management of Watershed Management efforts under the LA County area - wide MS4 Permit. (Lower Los Angeles River and Lower San Gabriel River Watershed Management Groups.) Tasks include administering meetings, managing subcontractors, and preparing the watershed Annual Report. 6.15.b P a g e 17 Packet Pg. 324 6.15.b Professional Services Proposal to Provide Municipal NPDES Assistance May 31, 2017 Jose Rodriguez, CESSWI, QSP Field Operations Manager Jose Rodriguez has worked with John L. Hunter & Associates in the Education environmental compliance fields of NPDES, FOG and Industrial B.S., Biology, UCI Waste Control for ten years. His relevant experiences and tasks include implementing NPDES municipal permit provisions such as Certifications and Training industrial/commercial inspections, illicit discharge detection and CESSWI, Envirocert (#2830) elimination, construction inspections, public education, public QSP, CASQA (#22917) agency inspections, TMDL compliance, municipal staff training and 40 Hour HAZWOPER completing annual reports. He has experience in conducting outfall Basic Inspector Academy, Cal EPA screening and monitoring for non -storm water discharges in both Spanish fluency the Lower Los Angeles River and the Lower San Gabriel River. In total, Mr. Rodriguez has conducted several thousand inspections for agencies such as Stanton, Seal Beach, South Gate, Hawthorne, South EI Monte, Arcadia and the Orange County Sanitation District. Related Experience Inspection Services Mr. Rodriguez supervises field activities at JLHA, including inspection work to verify compliance with state and local environmental regulations. This includes MS4 NPDES Permit compliance inspections at commercial facilities such as restaurants and nurseries, NPDES-permitted industrial and construction sites, municipal facilities, and new developments. (New developments are inspected to verify proper post -construction BMP installation and maintenance verification.) He also oversees Industrial Waste and Fats, Oils, and Grease (FOG) Control BMP/pretreatment device inspections, as well as Clean Bay Restaurant (CBR) inspections. The CBR program incorporates elements of NPDES, FOG, and waste management. In addition to supervising field staff, Mr. Rodriguez has conducted thousands of inspections through his tenure with JLHA. Clients include South Gate, Signal Hill, Downey, Paramount, and Manhattan Beach. In 2014 he represented the City of Stanton in a State compliance audit of the City's Industrial/commercial facility inspection program. The State auditors did not find program deficiencies. Monitoring Services Mr. Rodriguez supervises source investigations for outfalls with dry weather flows in both Orange and LA Counties. (OC Clients: Stanton, Seal Beach, Placentia, La Habra, Villa Park.) Within LA County, this work included the initial source identification work for the Lower San Gabriel River, Lower Los Angeles River, and Peninsula Cities Watershed Groups. Together these Groups represent twenty cities. He has also conducted stormwater sampling following the requirements of the Industrial General Permit (South Gate) and supervised trash generation monitoring studies as required by the LA River Trash TMDL. (Monterey Park, Glendale, South Pasadena, Temple City.) Planning and Reporting Mr. Rodriguez prepares NPDES annual reports for Industrial General Permit (IGP) facilities (West Covina, South Gate, Norwalk) as well as MS4 Permittees throughout Orange and LA County. As part of the MS4 Annual Report, he has prepared outfall screening reports. He has also developed Industrial SWPPPs for the Cities of Norwalk and South Gate. P a g e 18 Packet Pg. 325 6.15.b Professional Services Proposal to Provide Municipal NPDES Assistance Overview May 31, 2017 Rosalinda Tandoc, PE Staff Civil Engineer Ms. Tandoc has over 30 years of experience reviewing and approving structural and architectural plans. Her specialty lies in reviewing and approving such plans for compliance with Permits (including MS4), City ordinances (including LID and Green Streets/Fats, Oils, and Grease/Industrial Waste/Erosion Control), Building Codes, and other State Laws. At JLHA, she has been instrumental in expediting plan review and approval for issuance of permits, interacting with clients to troubleshoot project development problems, and expediently facilitating completion of client projects. She has done this for all of JLHA's past and current clients, which now includes 23 cities. Education Certifications and Licenses Master of Science in Civil Engineering CA Registered Civil Engineer California State University, Long Beach Related Experience With JLHA ■ Reviews structural and architectural plans and residential and large and (Starting 2006) complicated buildings for compliance with the MS4 Permit, City Ordinances and State Law. ■ Interacts with developers to facilitate completion of their projects ■ Worked with the Principal in investigating problems presented to them. ■ Code Consultant Prior Experience: Los Angeles County Department of Public Works Building and Safety Division (1979— 2006) ■ Coordinated with local agencies in expediting the issuance of permits ■ Assisted Permit Technician in solving problems that he or she may have incurred in the processing of permits and other related problems that need to be resolved at the counter. ■ Assisted the City in developing ways and methods of expediting the processing of plans for issuance of permits. ■ Assisted the City in developing plans and methods for effective office organization in the City Building Department in working with the City Planning Department. Personal Advancement Courses Achievements/Volunteer Works Engineering Management Outstanding Woman of 1998, City of Cerritos Communication Greater Long Beach Girl Scout Council Diversity Training Cerritos Senior Center, City of Cerritos Business and English Writings St. Linus Parish, Norwalk, CA Supervisory Management Cathedral of Our Lady of the Angels, Los Angeles P a g c 19 Packet Pg. 326 Professional Services Proposal to Provide Municipal NPDES Assistance 6.15.b May 31, 2017 IV. Fees A. Rate Schedule Principal, Director, Staff Engineer $165/hr Project Manager, Project Engineer $135/hr Environmental Compliance Specialist II $115/hr Environmental Compliance Specialist I and Public Outreach Specialist $95/hr Administrative Assistant, Laborer (OSHA 40hr certified) $65/hr Routine Industrial/Commercial Inspection $115/inspection State Certified Laboratory Analysis Cost + 5% Legal Consultation, Court Appearances/Document review, etc. $250/hr Subcontracted equipment Cost + 5% Prices effective as of January 1, 2017 B. Estimated Not -to -Exceed Fee Proposal The following pages detail the estimated not -to -exceed annual costs for this project. A one page summary of these costs is also included. Page20 Packet Pg. 327 6.15.b JLHA Annual Itemized Estimated Costs to Assist the City of Diamond Bar with Municipal NPDES Professional Services MS4 Permit § Mandated Task Rate Hours/Units Cost Sub -totals Totals VI.D.6 Industrial/Commercial Facilities Program Assume 124 facilities to inspect, $18,735 VI.D.6.b Track Critical Industrial/Commercial Sources $930: VI.D.6.b.i, iii Review city databases to determine inventory of industrial/commercial facilities $95: 2 H $190: Update electronic database with new tracking data on facilities to be inspected in reporting year (assume 124 VI.D.6.b.ii facilities) $95: 3 [ H [ $285: Track all inspection reports and enforcement actions at 124 facilities using an electronic database $65 7 H $455: VI.D.6.c Educate Industrial/Commercial Sources $95: VI.D.6.c.i Notify facility operators of applicable BMP requirements (cost incorporated into inspection cost) $0: VI.D.6.c.ii Develop and implement a Business Assistance Program (cost incorporated into inspection cost) $0: VI.D.6.c.ii Develop educational materials to be distributed to facilities (printing/mailing costs incurred by City) $95 : 1 H i $95: VI.D.6.d,e,f Inspect Critical Industrial/Commercial Sources $14,375: VI.D.6.e,f Inspect 1 State NPDES Permitted industrial facilities for proper BMP implementation $115: 2 U $230: VI.D.6.d,e,f Inspect 123 commercial/light industrial facilities for proper BMP implementation $115 123 U $14,145 VI.D.2, VI.D.6.h Ensure Compliance (Implement Progressive Enforcement) $2,3902 VI.D.2.a.i Follow-up at non-compliant facilities within 4 weeks (assume 10% of facilities)$115 13: U [ $1,495 VI.D.2.a.i Second follow-up at non-compliant facilities (assume 10% of non-compliant facilities) $115 2 U € $230: VI.D.2.a.ii Prepare formal violation notices following the City's municipal code (assume 5% of facilities) $95 : 7 H [ $665 : VI.D.6.a Manage Program and implement QA/QC procedures (assume 5% of sub -program costs) $135 7 H € $945 $945: VI.D.7 Planning and Land Development Program Assume 7 LID plans, 12 BMP inspections, $15,265 VI.D.7.b.i,ii Develop planning forms to meet latest MS4 Permit requirements VI.D.7.d Program Implementation $13,780: VI.D.7.d.i Prepare and adopt LID ordinance VI.D.7.d.ii Review LID plans following the criteria of VI.D.7.b-c (assume 7 projects) $135 84 H $11,340 0 44 VI.D.7.d.iv.(1).(a) Track projects and BMPs in an electronic database (assume 7 projects) $95: 7 [ H [ $665: VI.D.7.d.iv.(1).(a) Track all inspection reports and enforcement actions (assume 5 reports) $65 1 H i $65 VI.D.7.d.iv.(1).(b) Conduct BMP verification inspections (as -needed service) VI.D.7.d.iv.(1).(c) Notify existing LID Plan sites of maintenance requirements (assume 5 projects) $95: 1 H $95: VI.D.7.d.iv.(1).(c) Conduct BMP maintenance inspections (assume 5 projects) $95: 8 [ H € $760: VI.D.7.d.iv.(1).(e) Conduct follow-up activities at non-compliant projects (assume 6 project(s)) $95: 9 H i $855: VI.D.7.a Manage Program and implement QA/QC procedures (assume 10% of sub -program costs) $165: 9: H : $1,485: $1,485 VI.D.8 Development Construction Program Assume 6 State -permitted sites, 2 trainings, $19,635 VI.D.8.d Sites less than one acre - As needed VI.D.8.g Inventory Construction sites (>1 acre) $160: VI.D.8.g.i Update monthly inventory of>1 acre construction sites in a database (assume 6 records updated a month) $95 1 H i $95 VI.D.8.j.ii.(4).(f) Track inspection reports and enforcement actions in a database $65:: 1: H $65: VI.D.8.h Construction Plan (SWPPP) Review and Approval $1,080: VI.D.8.h.ii.(9) Develop SWPPP review checklist VI.D.8.h.ii Review and approve site SWPPPs prior to issuing land disturbance permits (assume 2 projects)$135: 8: H i $1,080: Packet Pg. 328 6.15.b JLHA Annual Itemized Estimated Costs to Assist the City of Diamond Bar with Municipal NPDES Professional Services MS4 Permit § Mandated Task I Rate Hours/Units Cost Sub -totals Totals VI.D.B.j Inspect Construction Sites (>1 acre) $12,420: VI.D.8.j.ii.(4).(e) Develop BMP inspection report form (already completed) VI.D.8.j.ii Inspect monthly 6 State NPDES permitted construction sites for proper BMP implementation $115 108; U : $12,420; VI.D.8.j.ii.(4) Prepare and follow standard inspection operating procedures VI.D.2, VI.D.8.k Ensure Compliance (Implement Progressive Enforcement) $3,905: VI.D.2.a.i Follow-up at non-compliant facilities within 4 weeks (assume 20% of site visits) $115 23 U € $2,645: VI.D.2.a.i Second follow-up at non-compliant facilities (assume 25% of non-compliant sites) $115; 6 U € $690; VI.D.2.a.ii Prepare formal violation notices following the City's municipal code (assume 5% of site visits) $95 : 6: H $570: VI.D.8.1 Train City Staff $1,080: VI.D.8.I.ii.(1) Train plan reviewers and permitting staff in BMP standards and SWPPP requirements $135; 4 H i $540; VI.D.8.I.ii.(2) Train construction site inspection staff in BMP standards and SWPPP requirements $135: 4: H € $540: VI.D.B.a Manage Program and implement QA/QC procedures (assume 5% of sub -program costs) $165 6 : H € $990 $990: VI.D.9 Public Agency Activities Program Assume 1 training, $1,215 VI.D.9.b Public Construction Activities (this program is addressed by the Development Construction Program (VI.D.B) VI.D.9.g Landscape, Park, and Recreational Facilities Management (cost incorporated into training cost) VI.D.9.h Storm Drain Operation and Maintenance V-kB 9 f- f $43s 0 H€ VI.D.9.k Municipal Employee and Contractor Training $1,080: Train staff in targeted positions of requirements of Public Agency Activities Program $135 8 H € $1,080: VI.D.9.a Manage Program and implement QA/QC procedures (assume 5% of sub program costs) $135: 1 H $135: $135 : VI.D.10 Illicit Discharge Detection and Elimination Program Assume 1 complaint(s) received, 1 training, $1,565 VI.D.10.a.ii Review municipal code to ensure adequate legal authority VI.D.10.b.ii Investigate illicit discharge complaints and prepare investigation reports (assume 1 investigations) $95: 3: H : $285: VI.D.10.f Illicit Connection and Illicit Discharge Education and Training $1,080: VI.D.10.f.iii Provide staff training in illicit discharge identification, elimination, clean-up, reporting, and documentation $135 8 H € $1,080: VI.D.10.a Manage Program and implement QA/QC procedures (assume 5% of sub -program costs) $135: 1: H : $135 $135: VI.D.S Public Information and Participation Program Assume 1 event(s), 20 site visits, $2,610 VI.D.S.c Public Participation $830: VI.D.S.c.ii Participate in 1 City event(s) to provide public education/involvement in stormwater pollution prevention $95: 6: H $570: $65 4: H [ $260: VI.D.S.d Residential Outreach Program $1,510: VI.D.5.d.i.(1) Prepare article for City media outlet $95 : 2 : H $190: VI.D.5.d.i.(2) Develop educational materials to address vehicle, house, yard, animal, construction wastes $95: 1: H € $95: Printing cost estimate (mailing costs incurred by City) $1 100 U : $100: VI.D.5.d.i.(3) Distribute materials to 20 points of purchase (auto parts, home improvement, pet/feed stores) $65: 10: H € $650: VI.D.5.d.i.(4) Maintain stormwater website $95: 1: H $95: VI.D.5.d.i.(5) Provide educational materials to school children (primarily addressed by County program) $95: 4: H € $380: VI.D.S.a Manage Program and implement QA/QC procedures (assume 10% of sub -program costs) $135 2 : H : $270: $270: VI.C, VI.E Watershed Management, TMDL, and General NPDES Programs $10,335 Assist with Statewide Trash Amendments Compliance $135 10: H : $1,350: Packet Pg. 329 6.15.b JLHA Annual Itemized Estimated Costs to Assist the City of Diamond Bar with Municipal NPDES Professional Services MS4 Permit § Mandated Task Rate Hours/Units Cost Sub -totals Totals VLE, Att. P VI. E, Ati:. P Assist with Metals TMDL compliance activities Assist with Bacteria TMDL activities $135: $135 3 3: H H € $405: $405: VLC C As needed representative of City as a member of Watershed Group Update City on WMP and CIMP developments and assist as -needed in implementation activities $135 $135 6: 12 H H [ $810; $1,620: $2,430: Provide bimonthly newsletters on NPDES Programs and hold in-house meetings as needed $165 $135 6 [ 12 H € H : $990 $1,620: $2,610: Represent City at relevant MS4 Permit -related meetings and update City staff General as -needed assistance (council presentations, grant assistance, assistance with new regulation, etc.) $165; $165 6 10 H € H $990; $1,650 $990; $1,650: VLC, VLE Manage Programs and implement QA/QC procedures (assume 5% of sub -program costs) $165 3 : H $495 $495: MRP XVIII, XIX Reporting $5,140 MRP XVIII, XIX Assist with preparation of Annual Report (excluding TMDL reporting) $135 $115 $95: 10 20 10 H : H ( H i $1,350 $2,300: $950: $4,600: Prepare Annual TMDL Report (Trash TMDL DGR Study) $135 4: H [ $540: $540: Monitoring services are conducted separately under the CIMP MOA Annual Total $74,500 *Costs incurred for some tasks are dependent upon assumptions such as the expected number of plan reviews, construction sites, and industrial/commercial facilities. These assumptions are based on JLHA's prior experience --actual costs incurred for each task may vary. All services are provided on a time and materials basis, not to exceed the annual total without City approval. Packet Pg. 330 6.15.b JLHA Summary of Annual Costs to Assist the City of Diamond Bar with Municipal NPDES Professional Services MS4 NPDES Estimated Costs MS4 Permit § Task Cost VI.D.6 Industrial/Commercial Facilities Program $18,735 VI.D.7 Planning and Land Development Program $15,265 VI.D.8 Development Construction Program $19,635 VI.D.9 Public Agency Activities Program $1,215 VI.D.10 Illicit Discharge Detection and Elimination Program $1,565 VI.D.5 Public Information and Participation Program $2,610 VI.C, VLE Watershed Management, TMDL, and General NPDES Programs $10,335 MRP XVIII, XIX Reporting $5,140 Total $74,500 Packet Pg. 331 Agenda #: 6.16 Meeting Date: June 20, 2017 CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager 6i -t -c 6.16 AGENDA REPORT TITLE: APPROVE AMENDMENT NO. 3 TO CONSULTING SERVICES AGREEMENT FOR CAPITAL IMPROVEMENT PROGRAM PRO ECT MANAGEMENT SERVICES WITH PRO ECT PARTNERS FOR A TOTAL NOT TO E CEED AMOUNT OF $100,000 FOR FISCAL YEAR 2017 2018 Strategic Goal: RESPONSIBLE STEWARDSHIP OF PUBLIC RESOURCES :1*46]►TilIT, l;IZIULTIIs] ►A Approve. FINANCIAL IMPACT: The Fiscal Year 2017-2018 Public Works Operating Budget for contract engineering services was approved with an amount of $100,000 for Capital Improvement Program (CIP) Project Management Services. Below is a table indicating the total cumulative authorization for the Contract to date. Pro ect Partners Authori ed Amount Total Original Contract Amount $39,900 $39,900 Amendment No. 1 $35,100 $75,000 Amendment No. 2 $102,960 $177,960 Proposed Amendment No.3 $100,000 $277,960 BACKGROUND/DISCUSSION: The Public Works Department was reorganized in Fiscal Year 2016-2017 with the inclusion of Parks, Facilities and Landscape Maintenance and Capital Improvement services into the Department's functions. As a result, the CIP project list that would be Packet Pg. 332 6.16 managed by Public Works staff for FY 2016-2017 expanded to a total number of 44 projects. These projects included Public Works Infrastructure upgrades, Parks/Facilities Improvements, private developer's projects such as Diamond Canyon Park and Larkstone Park, and regional transportation projects such as the SR 60/Lemon Avenue on and off -ramps that require staff resources to oversee and administer. As we near the end of the Fiscal Year 2016-2017, it is expected that a total of 19 projects will be completed by June 30, 2017. The projects that have been completed to date were accomplished with a total investment value of $3,647,127 and a total of $241,946 under Council authorized contract amounts. Furthermore, an additional 19 projects are either in design or currently under construction with completion targeted in FY2017-2018. The approved FY2017-2018 CIP includes 32 projects for a total proposed budget of $21,217,427 with 22 projects being carried over from FY 2016- 2017. Project Partners has been providing Project Management services since August 2016 which has allowed the Public Works Department to complete 19 projects to date and with another 19 projects currently underway. The contract Project Management services provided by Project Partners compliments current staffing and will ensure the projects that are currently in process and programmed for FY2017-2018 will be completed by the end of the fiscal year and are given the level of management detail required. These services have proven to be valuable to the City as the FY2016-2017 past performance for project completion indicates. In August 2016 Project Partners was retained under the City Manager's authorization to provide project management services for specific projects. On October 18, 2016 the Council approved Amendment No. 1 to the contract with Project Partners to continue project management services through the end of the calendar year as the assigned projects were nearing completion. In January 2017 Contract Amendment No. 2 was approved by Council to further the Capital Improvement Program's completion goals. Currently the contract Project Manager is overseeing and actively managing critical projects such as the Diamond Bar Blvd. Streetscape Improvements Project, Golden Springs Drive/Copley Traffic Signal Modification, Groundwater Drainage Improvements (Phases I & II), the construction of Morning Canyon Parkway Improvements, the construction of the Area 5 Road Maintenance and Brea Canyon Cut-off Rehabilitation/Drainage Improvement Project as well as assisting staff with the Longview Park South Improvements Project. Project Partners has provided highly qualified consultants to the City over the last year and therefore staff is recommending approval of Amendment No. 3 to continue providing such services through mid -year. At such time, the Capital Improvement Program will be reevaluated to determine the progress of project completion of the various improvements that are proposed Citywide. The approval of Amendment No. 3 is a not -to -exceed amount of $100,000 to provide as -needed project management services and will reflect a total cumulative authorized contract amount of $277,960. Packet Pg. 333 U C =12-11 V=191 'F Kimberly Young, Sellor Ci i1 Enginlar 612012017 idi , 'Pliff i i ector 6/14/2017 Attachments: LAW anna HoneywglI, FinjnqdU irector 6114/2017 1. 6.16.a Project Partners Amendment No. 3 2. 6.16.b Project Partners Proposal June 2017 6.16 Packet Pg. 334 AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT This Amendment No. 3 to Consultant Services Agreement ("Amendment No. 3") is made and entered into as of June 20, 2017 by and between the City of Diamond Bar, a municipal corporation ( "City"), and Project Partners (herein referred to as the "Consultant") with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of August 8, 2016, which is incorporated herein by this reference (the "Original Agreement"); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A, the Consultant's proposal, dated June 9, 2017; 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth or as referenced in Exhibit A. 4. Integration. This Amendment No. 3 and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Amendment No. 3 amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Amendment No. 3 and the terms and provisions of the Original Agreement, the terms and provisions of this Amendment No. 3 shall control. 973895.1 6.16.a Packet Pg. 335 IN WITNESS hereof, the parties enter into this Amendment No. 3 on the year and day first above written. 0414]ilk RYI01F_1ilk Ia Project Partners By: Printed Name: Title: i1s]kVA Is] IWK6109]/_1►TAto] 01191Y_1:4 Jimmy Lin, Mayor Tommye A. Cribbins, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney 6.16.a Packet Pg. 336 6.16.b "Partners in Building Engineering Careers and Teams" www. projectpartners. cam Project Partners June 9, 2017 Mr. David Liu Director of Public Works and City Engineer City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 SUBJECT: Proposal for Project Management Engineering Support Services Dear Mr. Liu, Project Partners is pleased to offer continued Project Engineering Support Services for the City of Diamond Bar. Below is our proposed workplan and scope of work. Scope of Wor. Project Partners understands that the City of Diamond Bar has expressed an interest in completing several CIP and other identified projects. To assist the City of Diamond Bar accomplish this goal, Project Partners is submitting this proposal to provide project management support services. We are proposing that our engineers bring the projects identified in the section below to one of five specific levels of completion. These include: 1. Completion of Project Scoping and RFP development 2. Completion of Engineering Review, 3. Completion of Design Plan and Specs, 4. Completion of Bid Docs and Contractor Selection 5. Completion of Project Construction, Commissioning and Closeout Our engineers would additionally assist by providing as -needed specialist services such as plan checking services of specific consultant developed designs for constructability and facility operation, engineering analysis and possible solution evaluation. Our staff are subject matter experts and will advise and assist in the City of Diamond Bar's decision making process. Their job as Project Managers will be limited to working on the listed projects, and manage them to a level of completion is a fashion that adheres to the City of Diamond Bar's goals and objectives. P3195 La Cadena Or. Suite 101 I - Pho Laguna Hills, CA 921553 fax I Packet Pg. 337 6.16.b Project Partners Proposal Project Management Engineering Support Services Page 2 of 5 Identified Pro ects The following projects will be undertaken and completed in this scope of work. Pro ect Pro ect Name Pro ect Completion Level 1417 Area 5 Road Maintenance 24716 Copley / G.S.D. Inter. Improvement 25116 / (CDBG) Longview South Park Renovation 601721015 24414 Morning Canyon Street Improvements 26217 DBB Streetscapes PWOP1 Storm Drainage Diverter 26016 Ground Water Drainage Improvements Sycamore Canyon ADA 26116 Sewer System Master Plan PWOP2 Chino Hills Parkway Bridge • Completion of Project Construction, Commissioning and Closeout • Completion of Bid Docs and Contractor Selection • Completion of Project Construction, Commissioning and Closeout • Completion of Project Construction, Commissioning and Closeout • Completion of Design Plan and Specs • Completion of Bid Docs and Contractor Selection • Completion of Project Construction, Commissioning and Closeout • Completion of Project Construction, Commissioning and Closeout • Completion of Engineering Review • Completion of Engineering Review Throughout the duration of the contract, Project Partners offers the flexibility to amend this list by additions or deletions of projects. The amendment process, a written process set up by Project Partners, will be reviewed in detail after the initial project start-up. Pro ect Duration & Level of Effort It is anticipated that the projects outlined in this workplan will be completed by December 29, 2017. This is based on our understanding of the City of Diamond Bar's project needs, contract amendment # 3 funding, number of anticipated projects and the multitude and complexity of the tasks identified in the Scope of Work. Packet Pg. 338 6.16.b Project Partners Proposal Project Management Engineering Support Services Page 3 of 5 Project Partners' staff will be assigned to work on the listed projects approximately 36 hour(s) per week. Project Partners will adjust our staff's schedule, as needed, to accommodate project needs and to facilitate our ability to meet the City of Diamond Bar's goals. Allocated Staff Resource(s) Project Partners is proposing Mr. Jonathan Wu, a Senior Project Manager as our lead at the City. Mr. Wu has over 18 years of professional experience extensively in the field of Public Works engineering. He has provided consultant services for various municipal concerns; from managing project design to project closeout. Additionally he is a certified project manager with extensive written and verbal communications skills. It is anticipated that Mr. Wu will continue his current project manager assignment duties at the City and will be supported by our staff at Project Partners. Billing Rate and Pro ect Budget Project Partners billing rates for our proposed Senior Project Manager is as follows: Classification Senior Pro ect Manager Hourly Billing Rate for 2017 Mr. onathan Wu $110.00 Estimated Initial Budget $ 100,000 Note: As requested, Proiect Manaqement Staff Assignment Mileage will be include in the hourly billing rate. Pro ect Coordination, Logistics and Operations Staff Location To increase efficiency and expedite completion of the projects, Project Partners will station our assigned staff at the City of Diamond Bar's facilities. Working on-site at the City of Diamond Bar's offices offers many advantages that increase efficiency and reduce overall cost to the City of Diamond Bar. These advantages include easy access to necessary project files, documents, and other data, which results in increased project productivity. Additionally, being on-site, facilitates the coordination with the City of Diamond Bar's staff allowing quicker and more informed decision- making, as well as faster completion of projects. The result is increased efficiency and lower overall project cost. An additional important benefit offered by on-site location of our staff is that key project decisions are better understood by the City of Diamond Bar and add to the overall retention of project based knowledge (institutional knowledge). Packet Pg. 339 6.16. b Project Partners Proposal Project Management Engineering Support Services Page 4 of 5 Pro ect Coordination Pro ect Updates and Meetings Project Partners' staff will arrange update meetings with the City of Diamond Bar at a minimum of every two weeks. In the update meetings, our staff will review the status of the ongoing projects, highlight identified issues or concerns the City of Diamond Bar should be made aware of, and look ahead to projected accomplishments in the coming two weeks. Project Partners' staff will not be required to attend regular department staff meetings, but will attend as needed to relay the status of projects, thus, allowing better project coordination with other projects undertaken by the City of Diamond Bar. Tools, E uipment & Materials Vehicles — Should there be a need for Project Partners' staff to conduct field work, our staff will utilize their own vehicles. Project Partners will invoice the City of Diamond Bar at the IRS approved mileage rate for all approved miles driven related to the project. Phone — To facilitate communication with the City of Diamond Bar, Project Partners' staff member(s) will have individual cell phone(s). This phone will be the primary phone for our staff. Should wireless reception at the project location be spotty or where it is deemed that a land line would increase the effectiveness and efficiency of our staff to complete the scope of work, the City of Diamond Bar may be requested to provide our staff with a land based phone. Computers — Project Partners is requesting that the City of Diamond Bar provide a computer linked to the City of Diamond Bar's network for our staff's use to access project related technical, financial, and other related information required to complete the task. This arrangement is requested as it has been our understanding that for security reasons, the City of Diamond Bar's IT department's policies restrict computers not owned by the City of Diamond Bar from having direct connection into the computer network. Supplies — Project Partners provides its staff working on-site with the necessary general office related supplies at the start of our engagement. Pro ect Partners Support Training Project Partners' assigned staff members are professionals. They have been assigned to this workplan due to the skills, knowledge, and abilities they possess. Should extra technical training be required, Project Partners will provide that training. Packet Pg. 340 Project Partners Proposal Project Management Engineering Support Services Page 5 of 5 Administrative Support Project Partners will provide our staff with necessary administrative and clerical support as needed. Supervision Project Partners' staff are assigned technical and administrative supervisors. These supervisors are in regular contact with our staff and assist them in completing the services outlined in this workplan. Where applicable, Project Partners may assign an On -Site Manager to provide further supervision of staff assigned to the City of Diamond Bar's projects. Currently assigned supervisors are as follows: Administrative Supervisor: Ms. Atousa Johnson Operations Manager 949-852-9300 ext. 101 Technical Supervisor: Mr. Kimo Look, P.E. Principal Engineer 949-852-9300 ext. 103 Again, I would like to thank you for utilizing Project Partners services and as always, should you have any questions or desire additional information, please do not hesitate to call at any time. We look forward to providing continued services to you and your staff. Sincerely, Kimo Look, P.E. Project Partners 6.16.b Packet Pg. 341 Agenda #: 6.17 Meeting Date: June 20, 2017 CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager 6i_�_( 6.17 AGENDA REPORT TITLE: APPROVAL OF AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SIMPSON ADVERTISING, INC. IN THE AMOUNT OF $6,000 FOR A TOTAL NOT TO E CEED AMOUNT OF $66,762 FOR THE FISCAL YEAR 2016/17. Strategic Goal: OPEN, ENGAGED & RESPONSIVE GOVERNMENT :1*461LT4IIT, l;IZIULTIIs] ►A Approve. FINANCIAL IMPACT: There are sufficient appropriated funds for this expenditure in the FY 16-17 Adopted Budget. BACKGROUND: At its regular meeting of July 19, 2016, the City Council approved professional services expenditures with Simpson Advertising, Inc. for specialty design services for the production of the City's monthly newsletter and quarterly recreation guide in the amount of $36,762 and an additional $25,000 for miscellaneous services for a total not to exceed amount of $61,762. As a result of a combination of factors that include additional projects and expansion of project scope, staff is seeking City Council's approval for an additional $6,000, for an increased total authorization amount of $67,762 for fiscal year 2016/17. In addition to the newsletter and recreation guide, examples of projects Simpson has assisted with include the expansion of the annual Bridal Show promotion to include an email marketing campaign targeting wedding -related services throughout the surrounding counties in an effort to increase vendor participation, event attendance and enhancing the facility's position in the marketplace, creation of new print and online advertisements highlighting the Diamond Bar Center's business -friendly amenities, production of new and updated commercial property information leaflets for the Packet Pg. 342 promotion of development opportunities at the annual International Council of Shopping Centers conference, design and production of the annual street sweeping schedule magnet, artwork design for the solar -powered trash compactors located at City facilities, design concepts for proposed new City logo and reprinting of the Diamond Bar Center marketing brochure and promotional items. Since 2004, the City has utilized Simpson Advertising to assist with the production of various communication and marketing projects and has consistently produced professional, high-quality work with a quick turnaround and at very competitive rates. UV =1:7G1V 411 YF AACaZA ars a, Pu is In orma io ana er 6/20/2517 ,r,f A'W &'Ob Aff '1W AAW47" Ae. I -F ('e &e" Ir APOW "M yacLean 6/15/2017 anna oneywell, 'Finan Director 6115/2017 Attachments: 1. 6.17.a Attachment A. Simpson Agreement dated August 1, 2016 2. 6.17.b Attachement B. First Amendement to Simpson Agreement of August 1,2016 6.17 Packet Pg. 343 6.17.a City of Diamond Bar CONSULTING SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of August 1, 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Simpson Advertising, Inc. a California Corporation ("Consultant"). 'I. Consultants 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. Marsha Roa, Public Information Manager (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 1, 2016, and shall continue until July 30, 2017, with an option to renew for up to three one-year terms, upon agreement of the parties as to price, 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 sixty-one thousand, seven hundred and sixty-two dollars and no cents ($61,762) 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. 952077.1 Professional Services -- Non Design Packet Pg. 344 6.17.a 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 invoiced the City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% 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, except as specifically provided herein. 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 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. 952D77.1 Professional Services - ikon Design Packet Pg. 345 6.17.a 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. S. 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 Workers' Compensation Act 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 Professional Services - Non Design 952©77.1 Packet Pg. 346 6.17.a 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; and (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. 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 at least ten (10) days 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 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 X, VII. 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 4 Professional Services - Non Design 952077.1 Packet Pg. 347 6.17.a ("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 Consultant 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 952077.1 Professional Services — Non Design Packet Pg. 348 6.17.a 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. 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, Jeff Simpson and Debbi Baker 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. 952077.1 17. Non -Discrimination and Equal Employment Opportunity. Professional Services-- Non Design Packet Pg. 349 6.17.a 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 complete the work provided for in this Agreement as 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 Jo the prosecution of Consultant's work. 20. OMMITTED 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. 7 Professlonal Services - Non Design 952077.1 Packet Pg. 350 6.17.a 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 Fours; 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" Sim son Advertisin Inc. P.O. Box 2464 Santa Fe Sprin-gs, CA _ Attn.: Debbie Baker Phone: (562) 949-9780 ext. 2 E -Mail: debbie@simpsonadvertisinginc.com 952677.1 "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 917654178 Attn.: Marsha Roa Phone: (909) 839-7055 E-mail: mroa@diamondbarca.gov Professional Services -- Non Design Packet Pg. 351 6.17.a 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" Simpson Advertist , Inc. By. Printe e: Jeffrey D. Simpson Title: P esident By7 , :6?�. Printed me; Debra A. Baker Title:_ Corporate Secretary 952077.1 "City" By: W10 Nancy A. L ons, or AT ST: City Cierl Professional Services -- Non Design Packet Pg. 352 6.17.a MOTE. 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. Professional Services - Non Design Packet Pg. 353 6.17.a EXHIBIT A Issued; June 13, 2016 REQUEST FOR PROPOSALS GRAPHIC DESIGN SERVICES FOR THE PRODUCTION OF THE CITY'S NEWSLETTER AND RECREATION ACTIVITIES GUIDE. June 28, 2016 Marsha Roa City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Dear Ms. Marsha Roa, We appreciate the opportunity to submit a graphic design services proposal for Diamond Bar's DB Connection publications. Our creative talents and dependable service, coupled with over 40 years of experience In working with municipalities (11 years with the City Diamond Bar), make us a'perfect fit for Diamond Bar's graphic design services needs. We are very pleased to submit our proposal and look forward to more opportunities to provide stellar graphic design services for Diamond Bar. Please note that our proposal Includes same costs as last year's proposal. Project Description - The City of Diamond Bar's monthly newsletter, DB Connection, is delivered to residents and businesses in four (4) page format eight (8) times per year, and four (4) times per year is expanded to thirty-two (32) pages to Include the recreation activities guide. City staff will provide vendor with content in a Word document and some photos/graphic files electronically. Vendor may be asked to secure additional stock images to complete project. Vendor shall provide to City graphic design and layout of newsletter and/or recreation guide with same format and design of current publications and as follows: two (2) proofs, a draft and a second draft with corrections as provided by City staff, Once approved, packaged files are to be sent to printer electronically. Staff will coordinate production schedule with vendor upon award of contract. The following are the specifications for each document layout: Newsletter (DB Connection)- 8 times per year 4 -Page Newsletter size: 22"x 17"folded & trimmed to 11"x 17', then refold to 8.5"x 11 "with mailing panel facing out, 4/4 process with bleeds on 80# gloss book Recreation Guide — 4 times per year 32 -Page Recreation Guide size: 32 page self -cover, 3 -knife trim to finished size of8.5"x 11; saddle stitched on 11"side, 4/4 process with bleeds on 70# gloss book Packet Pg. 354 Miscellaneous Projects — Vendor may be asked for design assistance in miscellaneous projects, such as logo design and collateral items; Informational brochures, banners, flyers, postcards, etc. Provide examples of these Items you have completed. Cost Proposal and Deadline— - Submit Itemized costs on a monthly basis for both.options based on a 12 -month period to begin August 1, 2016 through June 30, 2017 and provide hourly rate for miscellaneous graphic design projects to mroa@dlamondbarca.gov by7uesday, June 28, 2016. Simpson Advertising Proposal Simpson Advertising is pleased to submit costs to perform the graphic design services as defined in the Project Description included In Diamond Bar's Request for Bids. Itemized costs for the D8 Connection publications: !Newsletter - 8 times per year Design & Layout Cost per Issue ................................... $ 1,765.00* Recreation Guide — 4 times per year I Design & Layout Cost per Issue ................................... $ 4,825.00* Hourly rates for miscellaneous graphic design projects: Design per hour.................................................................... $ 175.00* Productionper hour............................................................ $ 145.00* *Does not include stock photography, client adds and changes not included in the Project Description, or sales tax if applicable. Samples of Similar publications and miscellaneous projects: Simpson Advertising has submitted similar samples (!Newsletters and Recreation Guides) and other miscellaneous samples via USPS to the attention of Marsha Roa. Thanks again for the opportunity to submit a graphic design proposal for DB Connection publications. We look forward to meeting with you to discuss our graphic design services and how we can be of assistance to Diamond Bar. Best regards, Jeff Simpson, President (562) 449-9780, Ext.1 Jeff@Sirnpsonadvertisinginc.corn Debbie Baker, Corporate Secretary (562) 949-9780, Ext, 2 Cell (562) 400-4635 Debbie@Simpsonadvertisinginc.com 6.17.a Packet Pg. 355 6.17. b FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT This First Amendment to Consultant Services Agreement ("First Amendment") is made and entered into as of June 20, 2017, by and between the City of Diamond Bar, a municipal corporation ("City"), and Simpson Advertising, Inc., a California corporation (herein referred to as the "Consultant") with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of August 1, 2016, which is incorporated herein by this reference (the "Original Agreement"); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit "A" attached hereto and incorporated herein by this reference. 3. Compensation. The total not -to -exceed compensation set forth in Section 3 of the Original Agreement was the sum of sixty-one thousand seven hundred and sixty-two dollars ($61,762}. Section 3 of the Original Agreement is hereby amended to provide for an increase of six -thousand dollars ($6,000) so that the total not -to -exceed compensation, as amended by this First Amendment shall not exceed sixty-seven thousand, seven hundred and sixty-two dollars ($67,762) without the prior authorization of the City. 4. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. Packet Pg. 356 "CONSULTANT" SIMPSON ADVERTISING *By-. Printed Name: Title: *By: — Printed Title: Name: "CITY" CITY OF DIAMOND BAR By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: 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. 1118677.1 6.17. b Packet Pg. 357 EXHIBIT "A" ADDITIONAL SCOPE OF SERVICES [Behind this page.] 1118677.1 6.17. b Packet Pg. 358 6.17. b EXHIBIT A Issued; June 13, 2016 REQUEST FOR PROPOSALS GRAPHIC DESIGN SERVICES FOR THE PRODUCTION OF THE CITY'S NEWSLETTER AND RECREATION ACTIVITIES GUIDE. June 28, 2016 Marsha Roa City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Dear Ms. Marsha Roa, We appreclate the opportunity to submit a graphic design services proposal for Diamond Bar's DB Connection publications. Our creative talents and dependable service, coupled with over 40 years of experience In working with municipalities (11 years with the City Diamond Bar), make us a'perfect fit for Diamond Bar's graphic design services needs. We are very pleased to submit our proposal and look forward to more opportunities to provide stellar graphic design services for Diamond Bar. Please note that our proposal Includes sante costs as last year's proposal. Project Description - The City of Diamond Bar's monthly newsletter, D8 Connection, is delivered to residents and businesses In four (4) page format eight (8) times per year, and four (4) times per year is expanded to thirty-two (32) pages to Include the recreation activities guide. City staff will provide vendor with content in a Word document and some photos/graphic files electronically. Vendor may bi� asked to secure additional stock images to complete project. Vendor shall provide to City graphic design and layout of newsletter and/or recreation guide with same format and design of current publications and as follows: two (2) proofs, a draft and a second draft with corrections as provided by City staff. Once approved, packaged files are to be sent to printer electronically. Staff will coordinate production schedule with vendor upon award of contract. The following are the specifications for each document layout: Newsletter (D13 Connection)- 8 times per year 4 -Page Newsletter size: 22"x 17"folded & trimmed to 11"x 17. then refold to 8.5"x 11 "with mailing panel facing out, 4/4 process with bleeds on 800 gloss book Recreation Guide -- 4 times per year 32 -Page Recreation Guide size: 32 page self -cover, 3 -knife trim to finished size of 8.5"x 11", saddle stitched on 11"side, 4/4 process with bleeds on 70tf gloss book Packet Pg. 360 Miscellaneous Projects - Vendor may be asked for design assistance in miscellaneous projects, such as logo design and collateral items; Informational brochures, banners, flyers, postcards, etc. Provide Examples of these Items you have completed. Cost Proposal and Deadline - Submit itemized costs an a monthly basis for both options based on a 12 -month period to begin August 1, 2016 through lune 30, 2017 and provide hourly rate for miscellaneous graphic design projects to mroa@diamondbarca.gov by Tuesday, June 28, 2016. Simpson Advertising Proposal Simpson Advertising Is pleased to submit costs to perform the graphic design services as defined In the Project Description Included in Diamond Bar's Request for Bids, Itemized costs for the DB Connection publications: Newsletter - 8 times per year Design & Layout Cost per Issue ................................... $ 1,765.00* Recreation Guide - 4 times per year Design & Layout Cost per issue ................................... $ 4,825.00* Hourly rates for miscellaneous graphic design projects: Designper hour.................................................................... $ 175.00* Production per hour .................. $ 145.00* *Does not include stock photography, client adds and changes not included In the Project Description, or sales tax if applicable. Samples of Similar publications and miscellaneous projects: Simpson Advertising has submitted similar samples (Newsletters and Recreation Guides) and other miscellaneous samples via USPS to the attention of Marsha Roa. Thanks again for the opportunity to submit a graphic design proposal for DB Connection publications. We look forward to meeting with you to discuss our graphic design services and how we can be of assistance to Diamond Bar. Best regards, Jeff Simpson, President (562) 949-9780, Ext.I Jeff@Simpsonadvertisinginc.com Debbie Baker, Corporate Secretary (562) 949-9780, Ext, 2 Cell (562) 400-4635 Debbie@Slmpsonadvertlsinginc.com 6.17. b Packet Pg. 361 CITY COUNCIL 7.1 Agenda #: 7.1 Meeting Date: June 20, 2017 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Managers { TITLE: ADOPT RESOLUTION 2017 ADOPTING A SCHEDULE OF RATES, FEES, AND CHARGES FOR COMMUNITY DEVELOPMENT SERVICES AND ADMINISTRATIVE/MISCELLANEOUS FEES (CONTINUTED PUBLIC HEARING) RECOMMENDATION: Receive presentation, re -open the Public Hearing, Receive testimony, Close the Public Hearing, Discuss and Adopt Resolution. FINANCIAL IMPACT: Approval of this recommendation would result in estimated subsidy reduction/new revenue of $652,675 in FY 2017-18. This estimate is subject to adjustment based on the volume of development activity that ultimately takes place during the year. BACKGROUND: The City of Diamond Bar provides customer service -focused and cost-effective municipal services to the public. These services can be classified as community supported services or personal choice services. Community supported services have an implicit rationale for subsidization based on overall community welfare, such as social and safety services like parks and public safety, and are generally funded with taxes. Personal choice services are those provided directly to individuals for personal benefit that can be otherwise withheld for non-payment, such as building permits and facility rentals. The general assumption is that the cost of providing personal choice services is that their cost should be primarily borne by the individual receiving the benefit rather than be subsidized by the taxpayer. Cities customarily perform fee study updates at regular intervals to determine if fees are in line with operating costs and to make policy decisions to determine the appropriate level of subsidy, if any. The City's most recent analysis was performed in 2009, which resulted in the City Council adopting a three year phased fee increase plus an annual Consumer Price Index (CPI) adjustment each fiscal year thereafter. The City Council's Packet Pg. 362 7.1 2009 action did not result in full cost recovery, and the majority of personal choice services remain subsidized today. In 2016, the City Manager authorized Revenue Cost Specialists (RCS) to perform a comprehensive user fee study for a total not -to -exceed cost of $26,000. RCS is an expert in the field of cost analysis, completing comprehensive fee studies that provide a documented and systematic approach to managing fees and maintaining long-term financial sustainability for cities across the state. The RCS report was commissioned with the following goals in mind: 1. Conduct a cost and revenue analysis to determine the fully -burdened cost of personal choice services, including all direct and indirect costs, and identify subsidies. 2. Identify the beneficiary of City services to determine if the recipient is paying in relationship to the benefits derived or if the service has community benefits and is deserving of subsidy. 3. Develop a legally defensible baseline for calculating personal services fees under the "costs reasonably borne" test to establish fees for the provision of personal services to ensure that the fees only recover the estimated cost of providing such services in accordance with article XIIIC of the California Constitution. The test provides that the City is entitled to collect fees for personal choice services that include all applicable direct and indirect costs, overhead, and debt service costs as established in the study. While the City Council may choose to subsidize any or all personal choice services, failing to collect all costs reasonably borne in providing the service will lead to inequity between taxpayers and the recipient of the service (taxpayer subsidization). 4. Recommend fee and policy adjustments to ensure the City's long-term financial health and ability to maintain service levels. To develop the report and meet these goals, RCS conducted extensive interviews across departments over a period of months, establishing time and volume data for each service while compiling associated overhead costs (personnel/consultants, facility costs, maintenance, equipment and supplies, other administrative overhead, etc.). This complete approach provides a more accurate reflection of the true cost of each service than would a standardized blended hourly personnel rate. ANALYSIS: The results of the commissioned RCS study show that full costs of delivering fee - financed personal choice services exceed current and expected fee revenues on an annual basis in all service centers (Development Services, Parks & Recreation, & Administrative/Miscellaneous Services), meaning that tax dollars are diverted to subsidize the difference between fee revenues collected and full business costs incurred. Community Development Services are classified as those services provided by the Packet Pg. 363 7.1 Community Development and Public Works Departments, specifically under the Building & Safety, Engineering, and Planning Divisions. Specific services include development, plot plan, and environmental reviews, plan checks and inspections, and various permits (building, grading, CUP/TUP, encroachment, etc.), among many others. These personal choice services mainly benefit a developer or specific property owner and their costs would not otherwise be borne by the City. In FY 2015-16, the City's Development Services fees were subsidized by 38.3°/x, for a total taxpayer subsidy of $917,534. Administrative/Miscellaneous Services include a variety of services not classified under the City's other service centers. These include various permits (film, self -haul, parking, etc.), false alarm billing, and NSF check fees, among others. Like Development Services outlined above, these personal choice services benefit or are otherwise the result of individual action and would not otherwise be borne by the City. In FY 2015-16, the City's Administrative/Miscellaneous Services fees were subsidized by 14.2%, for a total taxpayer subsidy of $25,493. Elimination of all tax subsidies for personal choice services in the Community Development and Administrative/Miscellaneous Services categories (with some minor exceptions as noted in the attached matrices/Exhibits A, B, & C) would result in a conservatively estimated subsidy reduction of $652,675 in Fiscal Year 2017-18. This figure is based on expected development volumes and is subject to change based on unforeseen variables in overall development activity. FEE STUDY SUBCOMMITTEE: The RCS report and staff recommendations to adopt a full -cost recovery policy as set forth in the attached Resolution were presented to the City Council at the February 21, 2017 Study Session and March 7, 2017, April 18, 2017, and May 2, 2017 City Council meetings. Following questions and discussion, the City Council elected to create the Fee Study Subcommittee to study the matter in greater detail and report back to the City Council with a recommendation at the June 20, 2017 meeting. Mayor Pro Tem Low and Council Member Lyons were appointed by the Mayor to serve on the Subcommittee. The Fee Study Subcommittee subsequently met May 15, 2017 and May 24, 2017. At each meeting, the Subcommittee directed staff to provide detailed information on the report's findings, information regarding each fee and its impact on the service recipient, and provide historical background on previous fee study initiatives and policy decisions. Upon conclusion of the May 24 meeting, the Fee Study Subcommittee directed staff to implement a policy recommendation that balances full -cost recovery, long-term fiscal sustainability, and maintenance of expected service levels with a customer -friendly approach that phases in fee increases for specific services over a three year period. The Subcommittee's modified full -cost recovery recommendation is as follows: 1. Upon approval of the City Council, all fees for Community Development and Administrative/Miscellaneous Services shall immediately be set at full -cost recovery levels, with the exception of those identified in Item 2. Packet Pg. 364 7.1 2. The following fees shall reach full -cost recovery levels after a three-year phase-in process. • S-006: Plot Plan Review • S-007: Streamlined Plot Plan Review • S-040: Planning Appeal • S-042: New Business License Processing • S-043: Renewal Business License Processing The phase-in shall be made in equal amounts, with the first installment applied upon approval of the fee resolution before the City Council. A full accounting of the phase-in is as follows: Fee Current Full Cost Difference 3 Yr. Avg. Plot Plan Review $245.62 $1,670.00 $1,424.38 $474.79 Streamlined Plot Plan $245.62 $590.00 $344.38 $114.79 Planning Appeal $722.40 $3,575.00 $2,852.60 $950.87 New Bus. Lic. Processing $11.00 $38.00 $27.00 $9.00 Renewal Bus. Lic. Processing $11.00 $17.00 $6.00 $2.00 3. Fee S-118, Residential Parking Permit, shall remain at the $0.00 rate. 4. An annual escalator shall be applied to all fees beginning July 1, 2018. The escalator shall be based on the CPI of the previous twelve months (Urban Wage Earners & Clerical Workers — Los Angeles/Orange Counties, March to March) will be applied at the time of the adoption of the municipal budget each year forward. This factor will be applied during the phasing period to ensure the City's adjustments remain current. 5. Those fees found in the study to exceed the estimated costs of providing the service shall be reduced as set forth in the attached Resolution. 6. Fee Schedules should include a statement clearly identifying deposit -based fees. The proposed language, which will be identified with RFD (refundable) on fee schedules, reads as follows: (RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel involved plus any outside costs, with any unused portion of a deposit based fee being refunded to the applicant at the conclusion of the project. In certain circumstances where project costs are higher than the available deposit, the applicant will be required to submit additional funds into the deposit account. 7. The Subcommittee shall remain in place for the sole purpose of reviewing and providing recommendations on the 2017 policy related to Parks and Recreation fees. Note: As proposed, all fees are rounded to the lowest whole dollar amount. Packet Pg. 365 CONCLUSION: The City Council has a 28 -year history of prudent fiscal management, resulting in balanced budgets and significant reserves, even in the midst of the 2008 national economic recession. To maintain this strong foundation as the City matures, the City Council should enact policy that protects long-term financial sustainability and the City's limited revenue sources. As a primarily built -out bedroom community, Diamond Bar's large-scale commercial growth potential is inherently limited, and the City does not currently have the luxury of a mall, auto dealerships, or major tourist attractions that generate significant sales and transient occupancy tax revenues. Furthermore, Diamond Bar's 5.9% share of the County property tax pool is among the lowest in the County, offering little cushion to absorb subsidies over time. These facts highlight the need to maintain strategic fiscal management and reduce tax subsidies so those monies can be used to pay for services with community -wide benefits. As costs increase over time, the City's tax subsidies for personal choice services will also increase, leaving the Council with a choice between continuing taxpayer subsidies and reducing service levels or adjusting fees to capture the costs reasonably borne by providing the service to an individual or developer. The City Council has recognized these factors, making long-term strategic policy decisions that maintain long-term fiscal sustainability. The Fee Study Subcommittee's recommendation to adopt the modified full -cost recovery policy outlined above will ensure existing service levels are maintained and taxpayer equity achieved. Therefore, it is recommended that the City Council adopt the attached fee resolution for Community Development Services and Administrative/Miscellaneous Fees, with an annual Consumer Price Index (CPI) adjustment starting on July 1, 2018. Upon approval, fees for Administrative/Miscellaneous Services would be effective immediately, while fees for Community Development Services would be effective sixty (60) days thereafter. LEGAL REVIEW: The City Attorney has reviewed and approved this report and resolution. PREPARED BY: "AAW A; / AD.& F Lew ya clean 612012017 7.1 Packet Pg. 366 .r,f A Aw A103 / &W4 AD. f -1 LZU" yVf Lean 61912017 anna cneywell, Finan hector 6/1212017 Attachments: 1. 7.1.a A Development Services Fee Study Resolution 2017 -XX 06.20.2017 FINAL 2. 7.1.b B Building Construction Fee Schedule 2017-18 FINAL 6-8-17 3. 7.1.c C Building Fee Schedule 2017-18 FINAL 6-8-17 4. 7.1.d D Building Valuation Ancillary Items 2017-18 FINAL 6-8-17 (2) 5. 7.1.e E Engineering Fee Schedule 2017-18 FINAL 6-8-17 (1) 6. 7.1.f F IW Fee Schedule 2017-18 FINAL 6-8-17 7. 7.1.g G Planning Fee Schedule 2017-18 FINAL 6-8-17 8. 7.1.h H Admin Misc. Fee Schedule 2017-18 FINAL 6-8-17 7.1 Packet Pg. 367 7.1.a RESOLUTION 2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES FOR DEVELOPMENT AND ADMINISTRATIVE SERVICES A. RECITALS WHEREAS, the City Council of the City of Diamond Bar has heretofore established various schedules of rates, fees, and charges for the processing of applications, permits, and other municipal services; and WHEREAS, pursuant to the Constitution and state laws of the State of California, the City of Diamond Bar is authorized to adopt and implement rates, fees, and charges for municipal services, with the limitation that certain specified rates, fees, and charges may not exceed the estimated cost of providing such services; and WHEREAS, California Government Code Section 66017 requires that prior to adopting new or increased rates, fees, and charges (collectively, "fees") for the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement such as zoning variances and changes, use permits, building inspections and permits, and related planning and zoning services ("development fees" sometimes thereinafter) that the notice and public hearing procedures specific in Government Code Section 66016 be followed; ; and WHEREAS, Government Code Section 66016 requires the City to hold at least one open and public meeting and at least 10 days prior to the meeting make available the data upon which the new or increased fees are based; and WHEREAS, Government Code Section 66018 requires that prior to adopting new or increased fees that notice to be published in accordance with Government Code Section 6062a, which notice provides the time and place of the meeting and a general explanation of the matter to be considered;; and WHEREAS, Pursuant to Government Code Sections 66016-66018, the City Council conducted and concluded a duly noticed public hearing with respect to thefees; and WHEREAS, the City's fees for various municipal services are in need of adjustment to better reflect the City's estimated reasonable cost of providing the services; and WHEREAS, the City Council desires to implement the fees for various municipal services provided by the City of Diamond Bar as set forth herein. Packet Pg. 368 B. RESOLUTION NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar finds and determines as follows: SECTION 1. That based upon the data, information, and analyses, contained in the corresponding staff report and attachments and the testimony presented at the hearing, concerning the rates, fees, and charges described in Exhibit A and Exhibit B, which are attached hereto and by this reference incorporated herein, the rates, fees, and charges set forth in said Exhibit A and Exhibit B do not exceed the estimated reasonable cost of providing the service for which they are levied. SECTION 2. The rates, fees, and charges set forth in Exhibit A and Exhibit B are hereby adopted and approved as the rates, fees, and charges for the services identified. SECTION 3. The rates, fees, and charges set forth in Exhibit A shall be effective and implemented commencing sixty (60) days from the date of adoption of this Resolution. SECTION 4. The rates, fees, and charges set forth in Exhibit B shall be effective and implemented immediately upon adoption of this Resolution. SECTION 5. Immediately upon the effective date of the rates, fees, and charges set forth in Exhibit A and Exhibit B, the previously established rate shall be superseded by the rates, fees, and charges established in Exhibit A and Exhibit B. PASSED, APPROVED, AND ADOPTED this 2011 day of June, 2017. Jimmy Lin, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2017 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 20th day of June, 2017, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 7.1.a Packet Pg. 369 ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar 7.1.a Packet Pg. 370 7.1.b Exhibit A CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION BUILDING CONSTRUCTION FEE SCHEDULE 2017-18 ACTION FEE* Permit Valuation Based on ICBO/ICC Valuation Guidelines & City Ancillary Table Special Inspector $35 Per job site per specialty Per Job Site, Specialty Additional Plan Review Charges at the fully allocated hourly rates for all personnel involved plus any outside costs. After Hours Construction Review $260 Per Application Alternate Materials / Methods Review $155 Per application or actual costs at the discretion of the Building Official Building Appeal $1,555 Per appeal Building Permit Fees Total Valuation $54.79 $0-$700.00 $82.14 $701.00-$1,000 $21.22 Each Additional $1,000 or Fraction Thereof Up To $25,000 $16.28 Each Additional $1,000 or Fraction Thereof Up To $50,000 $12.20 Each Additional $1,000 or Fraction Thereof Up To $100,000 $11.99 Each Additional $1,000 or Fraction Thereof More Than $100,000 Building Permit Fees Refund Charge 20% of the original fee amount up to $350 maximum Building Plan Check Fees 85% Of Building Permit or $50 Minimum Duplicate Building Inspection Card $25 Per card Energy Enforcement State Mandated 10% of Permit & Plan Check Fee Extension of Expired Permit $75 Per application - $0 - $100,000 valuation $255 Per application - $100,001 + valuation Packet Pg. 371 7.1.b Exhibit A Extension of Unexpired Permit $75 Per application - $0 - $100,000 valuation $255 Per application - $100,001 + valuation Permit and Plan Check of Unpermitted Work Double Fees Strong Motion Instrumentation Program Residential State Fee, Valuation Based $0.60 Minimum, or .013% of valuation Commercial & 3 -Story + Residential $0.60 Minimum, or .028% of valuation Building Standards Administration Special $1 $1-25,000 Relvolving Fund (BSAF) $2 $25,000-50,000 State Fee (SB1473), Valuation Based $3 $50,000-75,000 $4 $75,000-100,000 Every $25,000 or fraction thereof above $100,000 add $1 Site Inspection $124.69 Site Inspections Not Otherwise Covered by a Fee Inspection, Group R or M Occupancies $209.40 Occupancy Groups Other Than R or M Floor Area $251.29 Less Than 5,000 S.F. $335.06 5,001-10,000 S.F. $670.13 10,001-100,000 S.F. $837.67 Over 100,000 S.F. Inspection, Repair/Rehab of Regular Building Permit Fee For Building/Structure Declared Substandard Structure Inspection, Demolition of Building/Structure $155 Per permit — complete demolition $390 Per permit — partial demolition Pre -Alt Inspection $100 Per inspection Wood Re -Roof Overlay, Pool/Spa Locations Inspection/Reinspection of Group A, Division $83.52 4 Structures Application and Investigation For Relocation, Floor Area Building Permit as Required By Chapter 68 $251.29 Less Than 2,500 S.F. $502.60 2,501+ S.F. Inspection Outside Normal Business Hours $150 Per hour, 2 hour minimum Building Records Archiving 5% of all building plan check and permit fees. Certificate of Occupancy $170 Per certificate Certificate of Occupancy, Temporary $385 Per application plus any outside costs Extension of Certificate of Occupancy, $75 Per application plus any outside costs Temporary Solar/Photovoltaic Systems $305 Single family residential $1,050 Multi -Family / Commercial/ Industrial plus $5 per kW above 250 kW Permit System Replacement 4% of building plan and permit revenues. Packet Pg. 372 7.1.b Exhibit A *All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018. The CPI will be calculated using the March to March rates of the federal Consumer Price Index (CPI) for Wage Earners and Clerical Workers in Los Angeles/Orange Counties. (+) Select City fees will be brought to 100% full cost recovery over a three year period, with the full increase phased in over three years, plus the CPI increase starting July 1, 2018. (RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel involved plus any outside costs, with any unused portion of a deposit based fee being refunded to the applicant at the conclusion of the project. In certain circumstances where project costs are higher than the available deposit, the applicant will be required to submit additional funds into the deposit account. Packet Pg. 373 7.1.c Exhibit A CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION ELECTRICAL, PLUMBING, & MECHANICAL FEE SCHEDULE 2017-18 ACTION I FEE* Administrative & Miscellaneous Fees Permit Issuance $43.34 Supplemental Permit Issuance $32.41 Standard Retention Fee 5% of Permit & Plan Check Fees Combo Permits Electrical Plumbing Mechanical 10% of the Building Permit Fee 10% of the Building Permit Fee 10% of the Building Permit Fee Mechanical Permit Fees Minimum Inspection Fee: Mechanical $74.27 Unit Fees• A/C, Residential (Each) Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Furnace (F.A.U., Floor) Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Heater (Wall) Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Refrigeration Compressor Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Boiler Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Chiller Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Packet Pg. 374 7.1.c (Continued) BUILDING & SAFETY DIVISION FEE SCHEDULE Heat Pump (Package Unit) Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Heater (Unit, Radiant, Etc.) Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Air Handler (Each) 2000 CFMs $14.74 2001-3,999 CFMs $43.51 4000-10,000 CFMs $43.51 10,001+ CFMs $75.42 Duct Work (Only, New) 1-10 Registers $50.28 11-30 Registers $150.84 31-50 Registers $228.96 51+ Registers $233.54 Alterations 1-10 Registers $50.28 11-30 Registers $150.84 31-50 Registers $228.96 51+ Registers $233.54 Evaporative Cooler 1-12,000 BTUs $25.31 12,001-24,000 BTUs $25.31 24,001-36,000 BTUs $25.31 36,001-48,000 BTUs $25.31 48,001+ BTUs $25.31 Inlet & Outlet Served by AC System $5.03 (Register, Each) Moisture Exhaust Duct (Clothes Dryer, Each) $39.18 Ventilation Fan Connected to a Single Duct $18.37 (Each) Vent System (Each) $39.18 Exhaust Hood/Fan/Duct (Residential, Each) $75.42 Exhaust Hood, Type 1 $75.42 (Commercial Grease Hood, Each) Exhaust Hood, Type 2 $75.42 (Commercial Steam Hood, Each) Spray Booth Served By Mechanical Exhaust, $75.42 Including Fans & Ducts attached Thereto Refrigerator Condenser Remote Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Packet Pg. 375 7.1.c (Continued) BUILDING & SAFETY DIVISION FEE SCHEDULE Walk-in Box/Refrigerator Coil Minimum Inspection Fee: Plumbing & Gas Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Install/Relocate Forced Air or Gravity -Type Furnace or Burner (Including Attached Ducts Gas Piping System First 5 After First 5 (Each) & Vents) Gas Meter (Each) Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Install/Relocate Suspended Heater, Recessed Wall Heater, or Floor Mounted Unit Heater (Each) Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Repair/Alter/Add Heating Appliance, Refrigeration Unit, Cooling Unit, Absorption Unit, or Each Heating, Cooling, Absorption, or Evaporative Cooling System, Including Installation of Controls (Each) Up to 100,000 BTUs $31.21 100,001-500,000 BTUs $58.94 500,001+ BTUs $151.36 Fire Damper (Each) $12.31 Garage Ventilation System (Each) $39.18 Product Conveying System (Each) $39.18 Appliance or Piece of Equipment Not Classed $39.18 in Other Appliance Categories, or For Which No Other Fee Is Listed Fire Suppression System $12.31 Other Mechanical Inspections (Per Hour) $107.35 Plumbing & Gas Permit Fees Minimum Inspection Fee: Plumbing & Gas $53.68 Stand Alone Plumbing Plan Check (Hourly) 50% of Mechanical Permit Fee $55 Minimum Unit Fees: Gas Piping System First 5 After First 5 (Each) $95.42 $4.90 Gas Meter (Each) $19.08 Gas Pressure Regulator (Each) $19.08 Building Sewer Connection (Each) $54.80 Future House Sewer Section $35.36 Packet Pg. 376 7.1.c BUILDING & SAFETY DIVISION FEE SCHEDULE Private Sewage Disposal System $112.24 (Septic Tank & Seepage Pit/Connection to House, Each) Disconnection, Abandonment, Alteration, or $38.52 Repair of Any House Sewer or Private Sewage Disposal System or Part Thereof (Each) Backflow Preventer First 5 $19.08 After First 5 (Each) $7.88 Water Heater and/or Vent (Each) $19.08 Water Softener (Each) $19.08 Dishwasher, Permanent (Each) $19.08 Water Pipe Repair/Replacement $19.08 Drainage or Vent Piping Repair/Alterations $19.08 (Each) Drinking Fountain (Each) $19.08 Solar Water SystemFixtures (Solar Panels, $63.56 Tanks, Water Treatment Equipment, Each) Swimming Pool Drainage Trap & Receptor $19.08 (Water Supply for Pool Not Included, Each) Medical Gas System (Each) $19.08 Plumbing Fixture/Trap or Set of Fixtures on $19.08 One Trap, Including Water, Drainage Piping, Hose Bibs, and Backflow Protection (each) Building Drain (w/o Accompanying $19.08 Plumbing, Each) Cesspool, Overflow Seepage Pit, Percolation $54.80 Test Pit, Swimming Pool Drywell, or Drainfield Extension or Replacement (Each) Private Sewage Disposal System (each) $283.66 Industrial Waste Grease Trap, Pretreatment $19.08 Interceptor, Including Trap & Vent (Each) Water Treating Equipment and/or Water $19.08 Piping Installed/Altered/Repaired (Each) Lawn Sprinkler System On any one Meter, $19.08 Including Backflow Protection Devices Therefore (Each) Backflow Devices Not Included in Other Fee $19.08 Services e.g., Building/Trailer Sewer (Each) Electrical Permit Fees Minimum Inspection Fee: Plumbing & Gas $53.68 System Fees: Packet Pg. 377 7.1.c BUILDING & SAFETY DIVISION FEE SCHEDULE Service, Subpanels, Switchboards or Section, Motor -Controlled Centers, and Panel Boards Up to 200 Amps $44.90 201-1000 Amps $87.90 1001+ Amps $187.94 New Single & Two -Family Residential $0.12 Buildings (Per Sq. Ft.) Multifamily Residential Buildings (Per Sq. $0.11 Ft.) Temporary Service Power Pole or Pedestal, $50.28 Including All Pole or Pedestal Mounted Receptacle Outlets and Appurtenances Temporary Distribution System & $24.97 Temporary Lighting & Receptacle Outlets (Each) Pre -Inspection (Per -Hour) $107.35 Private/Residential In -Ground Swimming $93.79 Pools, Spas, Therapeutic Whirlpools, Hot Tubs, New/Repairs (Each) "Includes Complete System of Necessary Branch Wiring, Bonding, Grounding, Underwater Lighting, Water Pumping, and Other Similar Electrical Equipment Directly Related to the Operation of a Swimming Pool Carnivals, Circuses, or other Traveling Shows $51.14 or Exhibitions Utilizing Transportable Rides, Booths, Displays, and Attractions With Lighting Temporary Distribution System and $18.90 Temporary Lighting and Receptacle Outlets For Construction Sites, Decorative Lights, Christmas Tree Sales Lots, Fireworks Stands, Etc. (Each) Unit Fees: Receptacle, Switch, Lighting, or Other Outlets at Which Current is Used or Controlled, Except Services, Feeders, & Meters First 20 (Or Portion Thereof) $2.26 Each Additional $1.56 Lighting Fixtures Lighting Fixtures, Sockets, or Other Lamp - Holding Devices First 20 (Or Portion Thereof) $2.26 Each Additional $1.56 Pole or Platform Mounted Lighting Fixtures $2.60 (Each) Theatrical -type Lighting Fixtures or $2.60 Assemblies (Each) Packet Pg. 378 7.1.c BUILDING & SAFETY DIVISION FEE SCHEDULE Residential Appliances Fixed Residential Appliances or Receptacle $12.48 Outlets For Same, Including Wall -Mounted Electric Ovens, Counter Mounted Cooking Tops, Electric Ranges, Self-contained Room Console, or Through Wall Air Conditioners, Space Heaters, Food Waste Grinders, Dishwashers (Each) **For Other Types of Air Conditioners, and Motor -Driven Appliances Having Larger Electrical Ratings, See Power Apparatus Nonresidential Appliances Residential Appliances and Self-contained $12.48 Factory -Wired Non -Residential Appliances, Including Medical and Dental Services, Food, Beverage, and Ice Cream Cabinets, Illuminated Show Cases, Drinking Fountains, Vending Machines, Laundry Machines, etc. (Each) Residential Appliances and Self-contained $12.48 Factory -Wired Non -Residential Appliances Not Exceeding One Horsepower (HP), Kilowatt (kW), or Kilovolt -ampere (kVA) in rating, including medical and dental devices, food, beverage, and ice cream cabinets, etc. **For Other Types of Air Conditioners, and Motor -Driven Appliances Having Larger Electrical Ratings, See Power Apparatus Power Apparatus Motors, Generators, Transformers, Rectifiers, Synchronous Converters, Capacitors, Industrial Heating, Air Conditioners, and Heat Pumps, Cooking & Baking Equipment and Other Apparatus Rating in Horsepower (HP), Kilowatts (kW), or Kilovolt -amperes (kVA) $22.72 Over 3-10 $53.23 Over 11-50 $99.86 Over 51-100 $164.53 Over 101 Busways Trolley and Plug -In Type Busways (Each 100 Ft. or Fraction Thereof) $30.17 **An Additional Fee Will Be Required For Lighting Fixtures, Motors, and Other Appliances That Are Connected To Trolley and Plug -In Type Busways. No Fee is Required For Portable Tools Packet Pg. 379 7.1.c BUILDING & SAFETY DIVISION FEE SCHEDULE Other Electrical Signs, Outline Lighting, or Marquees (Each) $44.90 Signs, Outline Lighting, or Marquees $14.74 Supplied From One Branch Circuit (Each) Additional Branch Circuits Within The Same $14.74 Sign, Outline Lighting System, Or Marquee (Each) Miscellaneous Apparatus, Conduits, and $75.24 Conductors (Each) Electrical Apparatus, Conduits, and $75.24 Conductors For Which a Permit is Required, But For Which No Fee is Herein Set Forth (Each) **Not Applicable When a Fee is Paid For One or More Services, Outlets, Fixtures, Appliances, Power Apparatus, Busways, Signs, or Other Equipment Photovoltaic Systems (Each) $69.30 Other Electrical Inspections (Per Hour) $107.35 Inspections Outside Normal Business Hours 0-2 Hours (Minimum Fee) $300.00 Each Additional Hour or Portion Thereof $150.00 Reinspection Fee (Each) $53.68 Inspections For Which No Fee is Indicated Per Hour, Minimum Charge of 1/Z Hour $107.35 Electrical Plans Over 2000 Sq. Ft. 2000-4000 (2 Hrs.) $180.11 4001-6000 (3 Hrs.) $270.17 6001-8000 (4 Hrs.) $360.21 8001-10,000 (5 Hrs.) $450.27 10,001-14,000 (6 Hrs.) $540.32 14,001-18,000 (8 Hrs.) $720.43 18,001-22,000 (9 Hrs.) $780.47 22,001+ (10 Hrs.) $900.53 *All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018. The CPI will be calculated using the March to March rates of the federal Consumer Price Index (CPI) for Wage Earners and Clerical Workers in Los Angeles/Orange Counties. (+) Select City fees will be brought to 100% full cost recovery over a three year period, with the full increase phased in over three years, plus the CPI increase starting July 1, 2018. (RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel involved plus any outside costs, with any unused portion of a deposit based fee being refunded to the applicant at the conclusion of the project. In certain circumstances where project costs are higher than the available deposit, the applicant will be required to submit additional funds into the deposit account. Packet Pg. 380 7.1.d Exhibit A CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION BUILDING VALUATION TABLE - ANCILLARY ITEMS 2017-18 ACTION FEE* (Per Sq. Ft.) Additions $105.52 Up To 1,000 sq. ft. Carports $13.76 Good $14.70 Very Good Garages $28.77 Very Good/Wood $29.20 Very Good/Masonry $30.87 Very Good/Wood - Hillside $31.41 Very Good/Masonry - Hillside Investigation/Reinspection $157.51 Patios/Decks $9.87 Fiberglass $14.70 Metal $15.44 Wood Patio Enclosures $31.51 Wood $52.51 Metal Porches $12.79 Remodel $42.00 Re -Roofs $2.25 Comp/Asphalt Shingles - Per Sq. Ft. $225.77 Comp/Asphalt Shingles - Roof Square $3.31 Tile (Class A) - Per Sq. Ft. $330.79 Tile (Class A) - Roof Square Allowed Only if <25% of Roof is Done: $2.32 Wood Shake (Untreated) - Per Sq. Ft. $231.01 Wood Shake (Untreated) - Roof Sq. $2.62 Wood Shake (Class A) - Per Sq. Ft. $262.54 Wood Shake (Class A) - Roof Sq. Swimming Pools/Spas $44.10 Private $51.46 Private/Decorative Tenant Improvement $23.20 $4.31 New TIs, A/C Commercial $3.46 New TIs, A/C Residential $2.57 New TIs, Sprinkler System *All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018. The CPI will be calculated using the March to March rates of the federal Consumer Price Index (CPI) for Wage Earners and Clerical Workers in Los Angeles/Orange Counties. (+) Select City fees will be brought to 100% full cost recovery over a three year period, with the full increase phased in over three years, plus the CPI increase starting July 1, 2018. Packet Pg. 381 7.1.d Exhibit A (RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel involved plus any outside costs, with any unused portion of a deposit based fee being refunded to the applicant at the conclusion of the project. In certain circumstances where project costs are higher than the available deposit, the applicant will be required to submit additional funds into the deposit account. Packet Pg. 382 7.1.e Exhibit A CITY OF DIAMOND BAR PUBLIC WORKS & ENGINEERING DEPARTMENT FEE SCHEDULE 2017-18 ACTION E: FEE* As-Builts As-Builts - $3,000 deposit (RFD) with charges at the Minor Amendments/Revisions To fully allocated hourly rates for all personnel involved Improvement Plans plus any outside costs. Other — Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Certificate of Correction $2,500 Minimum deposit (RFD) with charges For Any Changes To Final Recorded Maps at the fully allocated hourly rates for all personnel involved plus any outside costs. Change of Address $400 Application Changes of Individual Addresses, Assigning of New Addresses (New Subdivision) Change of Improvement Plans As-Builts - $3,000 deposit (RFD) with charges at the Changes Made Prior To City Approval fully allocated hourly rates for all personnel involved plus any outside costs. Other — Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Construction/Demolition $210.54 Each Monitoring Such Activities to Ensure Proper Diversion of Recyclables Curb & Gutter, Plan Check / Inspection $435 L.F. $435 per linear foot plus $2 per linear Installation in Public Right -of -Way foot over 100 linear feet Curb Core Inspection $110.00 Per permit Parkway Drain Inspection $370 Per permit DedicationNacation $2,500 Minimum Deposit (RFD) determined Residential (One Lot) & All Others by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Drainage/Parking Lots $245.00 Application Projects with 50 CY of Grading or Less Require Drainage Plan Approval Quantity Calculated = Cut + Fill Packet Pg. 383 7.1.e (Continued) PUBLIC WORKS & ENGINEERING FEE SCHEDULE Drainage Inspection (Rip -Rap) $2,500 Minimum Deposit (RFD) determined For Hillside Drainage Projects by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Driveway Approach, Plan Check / Inspection $435 Per permit — replacement of existing For Residential or Commercial Access $615 Per permit — new/relocation/widen Dumpsters $35 Per permit — valid for 7 days Use of Trash Dumpsters in Public ROW Easement Checking $2,500 Minimum deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Engineering Review $2,500 Minimum deposit (RFD) with charges Any Plan Check/Inspection Not Listed at the fully allocated hourly rates for all personnel involved plus any outside costs Supplemental Submittals (After 3 Submittals) Deposit (RFD) determined by staff with charges at the Each Submittal of Unresolved Plan Checks fully allocated hourly rates for all personnel involved plus any outside costs. Geotechnical & Geological Reports $2,500 Minimum deposit (RFD) with charges For All Grading/Subdivision Projects and at the fully allocated hourly rates for Construction in Restricted Use Area all personnel involved plus any outside costs. Geotechnical Observation $2,500 Minimum deposit (RFD) with charges Observation by Geotechnical Engineer of at the fully allocated hourly rates for Grading Activities all personnel involved plus any outside costs. Grading, Plan Check $1,065 50-100CY Projects with 51 CY or Greater Require Grading Plan Approval & Permit $1,065 101-1,000 CY Quantity Calculated = Cut + Fill +$22 Per 100 CY in excess of 101 $1,263 1,001-10,000 CY +$60 Per 1,000 CY in excess of 1,001 Deposit 10,001+ CY — Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Packet Pg. 384 7.1.e (Continued) PUBLIC WORKS & ENGINEERING FEE SCHEDULE Grading, Inspection $700 50-100CY Projects with 51 CY or Greater Require Grading Plan Approval & Permit $400 101-1,000 CY Quantity Calculated = Cut + Fill +$7.50 Per 100 CY in excess of 101 $768 1,001-10,000 CY +$87 Per 1,000 CY in excess of 1,001 Deposit 10,001+ CY — Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. House Numbering $65 $65 permit plus $1,000 refundable Painting House Numbers on Public Curbs deposit (RFD) Hydrology & Hydraulic Reports $2,500 Minimum deposit (RFD) with charges For All Major Grading/Subdivision Projects at the fully allocated hourly rates for And Construction in Flood Control Area all personnel involved plus any outside costs. Subdivision Agreement Review/Preparation $368.43 Each Review of Subdivision Agreements Prior to Final Map Approval Improvement/Security Agreement $368.43 Each Review Engineer's Estimates for Bonding Purposes of Grading, Sewer, Storm Drain Street, Landscape, & Monumentation Other Field Inspection Minimum $2,500 deposit (RFD) with charges at the Any Field Inspections Not Previously Listed fully allocated hourly rates for all personnel involved plus any outside costs. Lane Closures $265 Per permit Work on Private Property, Block Parties Any private use Limited Collection Permit (valid one calendar $235 Per permit r.) Traffic Control, Plan Check / Inspection Deposit (RFD) determined by staff with charges at the For Projects Requiring Traffic Control Plans fully allocated hourly rates for all personnel involved For Public Street Closures plus any outside costs. Map Analysis, Plan Check $2,500 Minimum deposit (RFD) determined Tract & Parcel Maps by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Minor Lot Line Adjustment, Plan Check $2,500 Minimum deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Packet Pg. 385 7.1.e (Continued) PUBLIC WORKS & ENGINEERING FEE SCHEDULE Monitoring Well $195 Per permit — valid 90 days Lane Closure Permits for Public Streets Other Engineering Reports, Plan Check $2,500 Minimum deposit (RFD) determined Any Engineering Reports Not Listed by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Permanent Encroachment Agreement $295 Per new application $160 Per existing application, plus any actual legal/outside costs Re -Inspection Fee Minimum eposit (RFD) determined by staff with charges Re -Inspection Due to Failed Inspections, at the fully allocated hourly rates for all personnel Corrections Required, Premature Inspections, involved plus any outside costs. Or Other Additional Requests Self -Hauling Permit $765 Issued Jan. -Mar. $574 Issued Mar. -Jun. $383 Issued Jul. -Sep. $191 Issued Oct. -Dec. Septic Tank, Plan Check $791.84 Minimum deposit (RFD) Review of Conformance With State Guidelines. Permits Issued by B&S Sewer Saddle / Lateral $220 Per permit plus County fee Installation of Sewer Laterals Only Sewer Plans, Plan Check As-Builts - $3,000 deposit (RFD) with charges at the Sewer Work, Public/Private Mainline/Lateral fully allocated hourly rates for all personnel involved plus any outside costs. Other - Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Sewer Plans, Inspection As-Builts - $3,000 deposit (RFD) with charges at the Sewer Work, Public/Private Mainline/Lateral fully allocated hourly rates for all personnel involved plus any outside costs. Other - Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Sewer System Overflow $421.07 Project Enforcement of Sewer System Overflows Reported by L.A. County Sidewalk, Plan Check / Inspection $435 LY $435 linear foot plus $2 per linear Cuts, Removal/Replacement food over 100 linear feet. Residential or Commercial Street Plans, Plan Check As-Builts - $3,000 deposit (RFD) with charges at the For All New Public/Private Streets fully allocated hourly rates for all personnel involved plus any outside costs. Other - Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Packet Pg. 386 7.1.e (Continued) PUBLIC WORKS & ENGINEERING FEE SCHEDULE Street Plans, Inspection As-Builts - $3,000 deposit (RFD) with charges at the For All New Public/Private Streets fully allocated hourly rates for all personnel involved plus any outside costs. Other - Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Stock Piling, Plan Check $155 Per plan Retention of Dirt For Established Period of Time Stock Piling, Inspection $155 Per permit Retention of Dirt For Established Period of Time Storm Drain, Plan Check As-Builts - $3,000 deposit (RFD) with charges at the For All Storm Drain Work, Public/Private fully allocated hourly rates for all personnel involved Mainline, Laterals plus any outside costs. Other - Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Storm Drain, Inspection As-Builts - $3,000 deposit (RFD) with charges at the For All Storm Drain Work, Public/Private fully allocated hourly rates for all personnel involved Mainline, Laterals plus any outside costs. Other - Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Storm Drain Transfer to County $660 Application Storm Drain/Sewer Structure Review/Inspect. $158.93 Each Any Storm Drain/Sewer-Related Junction Standard Urban Stormwater Mitigation Plan Deposit (RFD) determined by staff with charges at the SUSMP fully allocated hourly rates for all personnel involved plus any outside costs. Stormwater Business Inspection $300 Per inspection Stormwater Protect Plan / Inspection Deposit (RFD)determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Time Extension, Improvement Agreement $404.55 Each Time Extension, Unexpired Plan $25 Per application Checks/Permits Traffic Studies & Mitigation Reports $2,889.62 Minimum deposit (RFD) Transportation Permits $16.00 Per permit Oversize Load, Weight, Width, Length, Height, Etc. Utilities $655 $655 per permit plus $3 per linear foot over 150 linear feet Utility Encroachment - Non -Street Cut $220 Per permit Utility Residential Street Closure $265 Per permit Packet Pg. 387 7.1.e *All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018. The CPI will be calculated using the March to March rates of the federal Consumer Price Index (CPI) for Wage Earners and Clerical Workers in Los Angeles/Orange Counties. (+) Select City fees will be brought to 100% full cost recovery over a three year period, with the full increase phased in over three years, plus the CPI increase starting July 1, 2018. (RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel involved plus any outside costs, with any unused portion of a deposit based fee being refunded to the applicant at the conclusion of the project. In certain circumstances where project costs are higher than the available deposit, the applicant will be required to submit additional funds into the deposit account. Packet Pg. 388 7.1.f Exhibit A CITY OF DIAMOND BAR PUBLIC WORKS & ENGINEERING DEPARTMENT INDUSTRIAL WASTE FEE SCHEDULE 2017-18 ACTION FEE* Industrial Waste Inspection Type I12, Class A $316.99 Type 106, Class B $624.41 Type I04, Class C $939.29 Type I03, Class D $1,246.71 Type IO2, Class E $1,464.77 Type I01, Class M $3,099.74 Rainwater Diversion System, Type D, Class X $264.88 Permit Application, New Type A01-06, Sewer $482.94 Type A07-12, Onsite $590.39 Type A13-18, Offsite $646.75 Permit Application, Revision Type MO1-06, Sewer $323.38 Type M07-12, Onsite $482.94 Type M13-18, Offsite $429.75 Plan Review, New, Sewer Type POI, Class 1 $808.45 Type P02, Class 2 $1,025.44 Type P03, Class 3 $1,239.26 Type PO4, Class 4 $1,454.14 Type P05, Class 5 $1,672.21 Type P06, Class 6 $1,888.14 Plan Review, New, Onsite Type P07, Class 1 $915.88 Type P08, Class 2 $1,130.75 Type P09, Class 3 $1,345.65 Type P10, Class 4 $1,564.76 Type P11, Class 5 Type P12, Class 6 $1,996.64 $2,318.95 Plan Review, New, Offsite Type P13, Class 1 $860.57 Type P14, Class 2 $1,078.63 Type P15, Class 3 $1,294.57 Type P16, Class 4 $1,508.38 Type P17, Class 5 $1,723.26 Type P18, Class 6 $1,941.33 Packet Pg. 389 7.1.f Exhibit A Plan Review, Revision, Sewer Type ROI, Class 1 $590.39 Type R02, Class 2 $808.45 Type R03, Class 3 $1,025.44 Type R04, Class 4 $1,239.26 Type R05, Class 5 $1,454.14 Type R06, Class 6 $1,672.24 Plan Review, Revision, Onsite Type R07, Class 1 $699.94 Type R08, Class 2 $915.88 Type R09, Class 3 $1,130.75 Type R10, Class 4 $1,345.65 Type R11, Class 5 $1,564.76 Type R12, Class 6 $1,996.64 Plan Review, Revision, Offsite Type R13, Class 1 $646.75 Type R14, Class 2 $860.57 Type R15, Class 3 $1,078.63 Type R16, Class 4 $1,294.57 Type R17, Class 5 $1,508.38 Type R18, Class 6 $1,723.26 Closure Inspection, Type C01 -C18 $503.15 All Classes Site Remedial & Cleanup Plan Review $447.83 Initial Deposit Site Remediation/Per Hour $112.76 Off Hours Inspection/Per Hour $245.72 Inspection For Which No Fee Is Indicated $316.99 Additional Plan Review/Per Hour $112.76 Wastewater Sampling $316.99 *All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018. The CPI will be calculated using the March to March rates of the federal Consumer Price Index (CPI) for Wage Earners and Clerical Workers in Los Angeles/Orange Counties. (+) Select City fees will be brought to 100% full cost recovery over a three year period, with the full increase phased in over three years, plus the CPI increase starting July 1, 2018. (RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel involved plus any outside costs, with any unused portion of a deposit based fee being refunded to the applicant at the conclusion of the project. In certain circumstances where project costs are higher than the available deposit, the applicant will be required to submit additional funds into the deposit account. Packet Pg. 390 7.1.g Exhibit A CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION FEE SCHEDULE 2017-18 ACTION I FEE* Advance Planning Administrative Development Review $1,755 Application plus $2,000 deposit (RFD) Annexation $10,000 Deposit (RFD) Development (Zoning) Code Amendment $10,000 Deposit (RFD) Development Agreement $10,000 Deposit (RFD) General Plan Amendment $10,000 Deposit (RFD) Specific Plan $10,000 Deposit (RFD) Specific Plan Amendment $5,000 Deposit (RFD) Zone Change/Map Amendment $10,000 Deposit (RFD) Current Planning (Discretionary) Administrative Development Review $1,755 Application plus $2,000 deposit (RFD) Adult Oriented Business/Entertainer Permit $2,160 Application Animal Permit Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs Comprehensive Sign Program $1,620 Per application plus $2,000 deposit (RFD) with charges at the fully allocated hourly rates for all project personnel plus any outside costs. Conditional Use Permit - Minor $1,595 Application plus $2,000 deposit (RFD) Conditional Use Permit - Major $1,995 Application plus $4,000 deposit (RFD) Condition Use Permit Amendment $2,835 Application Density Bonus $5,000 Deposit (RFD) Development Review $2,855 Application plus $5,000 deposit (RFD) Extension of Time $150 Per application - no public hearing $2,835 Per application - with public hearing Landscape Plan Check $340 Per application plus any outside costs Large Family Daycare Permit Refer to Conditional Use Permit Miscellaneous/Special Studies Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Parcel Map Waiver $5,000 Deposit (RFD) Parking Permit / Joint Use Parking Agreement Deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Packet Pg. 391 7.1.g (Continued) PLANNING DIVISION FEE SCHEDULE Revision after TTM or TPM is approved $2,500 Minimum deposit (RFD) determined by staff with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Temporary Use Permit $250 Application Tentative Parcel Map (TPM) $5,000 Deposit (RFD) Tentative Tract Map (TTM) $5,000 Deposit (RFD) Tree Permit $1,185 Application plus $2,500 Deposit (RFD) with charges at the fully allocated hourly rates for all personnel involved plus outside costs Variance — Minor $1,420 Application Variance - Major $5,000 Deposit (RFD) Environmental California Department of Fish and Game $75 City processing fee $75.00 County processing fee $2,792.25 CDFG EIR review $2,010.25 CDFG Neg. Dec. review Environmental Analysis Deposit (RFD) determined by staff with charges at the (i.e.,Environmental Impact Report (EIR) or fully allocated hourly rates for all personnel involved Negative Declaration preparation) plus outside costs Environmental Mitigation Monitoring Program Cost to be determined as part of the EIR or Negative $1,835 Declaration Mitigation Monitoring program to be Sign Review included as a project condition of approval. Deposit Application (RFD) determined by staff with charges at the fully $70 allocated hourly rates for all personnel involved plus Zoning Clearance outside costs. Ministerial Review Appeals (+) 1 $1,673 Per appeal Streamlined Plot Plan Review (+) $360 Application Plot Plan Review (+) $720 Application Preliminary Project Review $1,835 Per application - with 50% of the fee being credited towards future Planning fees for the project. Sign Review $125 Application Temporary Sign Review $70 Application Zoning Clearance $75 Application Miscellaneous/Other Appeals (+) 1 $1,673 Per appeal Business License — New 1 $19 Application plus $1 State fee Packet Pg. 392 7.1.g Business License — Renewal (+) $10 Per application plus $1 State fee CC&Rs Review $5,000 Deposit (RFD) with charges at the fully allocated hourly rates for all personnel involved plus outside costs Certificate of Compliance $2,500 Minimum deposit (RFD) with charges at the fully allocated hourly rates for all personnel involved plus any outside costs. Concurrent filed applications One deposit (RFD) shall be accepted (the largest deposit listed) and all applications shall be processed as actual cost charged against the one deposit Interpretation $975 Application Mills Act Processing $5,000 Deposit (RFD) with charges at the fully allocated hourly rates for all personnel involved plus outside costs Permanent Record Retention $2.00 Per sheet of plans collected at the time of submittal Projects for which there is no fee category Actual cost deposit (RFD) to be determined by the Community Development Director Public Convenience & Necessity (ABC) $385 Application Quimby Fees (In -Lieu Park Fees) Fees determined during discretionary review for residential projects and are based upon an appraisal of the land Research Actual cost deposit (RFD) to be determined by the Community Development Director SEATAC Review Add 50% to the deposit (RFD) for concurrent application *All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018. The CPI will be calculated using the March to March rates of the federal Consumer Price Index (CPI) for Wage Earners and Clerical Workers in Los Angeles/Orange Counties. (+) Select City fees will be brought to 100% full cost recovery over a three year period, with the full increase phased in over three years, plus the CPI increase starting July 1, 2018. (RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel involved plus any outside costs, with any unused portion of a deposit based fee being refunded to the applicant at the conclusion of the project. In certain circumstances where project costs are higher than the available deposit, the applicant will be required to submit additional funds into the deposit account. Packet Pg. 393 7.1.h Exhibit B CITY OF DIAMOND BAR ADMINISTRATIVE / MISCELLANEOUS SERVICES FEES 2017-18 FEE SCHEDULE ACTION FEE* Abatement Lien Processing Charge the fully allocated hourly rates for all staff involved plus any outside costs. Animal Administrative Appeal $1,065 Per appeal Candidate Processing $25 Per candidate Copying / Document Reproduction $0.10 FPPC copy per page after first 5 pages Other $0.25 Plans/Maps/Blueprint copy — per page $5 Damage to City Property Charge the fully allocated hourly rates for all staff involved plus any outside costs. Document Certification $5 Per document Electronic File Co $5 Per device/disk False Alarm Billing $10 Per bill Film Permits $100 Student $435 Other — per application plus $500 per day for right-of-way rental General Research / Document Compilation Charge the fully allocated hourly rates for all staff involved plus any outside costs. Local Initiative Processing $200 Per application Notary Public Services $15 Per signature NSF Check Processing $46 Per NSF check Projects For Which There is No Fee Category Charge the fully allocated hourly rates for all staff involved plus any outside costs. Residential Parking Permit (+) $0 Per permit *All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018. The CPI will be calculated using the March to March rates of the federal Consumer Price Index (CPI) for Wage Earners and Clerical Workers in Los Angeles/Orange Counties. (+) Select City fees will be brought to 100% full cost recovery over a three year period, with the full increase phased in over three years, plus the CPI increase starting July 1, 2018. (RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel involved plus any outside costs, with any unused portion of a deposit based fee being refunded to the applicant at the conclusion of the project. In certain circumstances where project costs are higher than the available deposit, the applicant will be required to submit additional funds into the deposit account. Packet Pg. 394 Agenda #: 7.2 Meeting Date: June 20, 2017 CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager 7.2 AGENDA REPORT TITLE: ADOPT RESOLUTION NO. 2017 (A), NO. 2017 (B) AND NO. 2017 (C) LEVYING ASSESSMENTS ON CITY OF DIAMOND BAR LANDSCAPE DISTRICTS NO. 38, NO. 39 AND NO. 41 FOR THE FISCAL YEAR 2017 18 RECOMMENDATION: Receive Staff's Presentation, Open the Public Hearing, Receive Testimony, Close the Public Hearing, Discuss and Adopt Resolution No's. 2017 -XX (District 38), 2017 -XX (District 39) , and 2017-XX(District 41). FINANCIAL IMPACT: District No. 38 As shown on the attached Engineer's Report, $272,145 of assessment generated by this District and $157,154 of the General Fund are proposed to pay for the operation and maintenance costs budgeted in special fund No. 138. District No. 39 As shown on the attached Engineer's Report, the $295,236 of assessment generated by this District, $43,223 of appropriated fund balance, and $33,257 of General Funds are proposed to pay for the operation and maintenance costs budgeted in special fund No. 139. District No. 41 As shown on the attached Engineer's Report, $122,157 of assessment generated by this District, $5,000 of Prop A Funds and $106,839 of General Funds are proposed to pay for the operation and maintenance costs budgeted in special fund No. 141. BACKGROUND/DISCUSSION: District No. 38 Packet Pg. 395 7.2 The attached Engineer's Report for the City's Landscaping Assessment District Number 38, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 18,143 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2016-2017 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2017-2018 is to remain at $15.00 per parcel. The assessments will be utilized towards the general maintenance of City's medians and parkways. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. District No. 39 The attached Engineer's Report for the City's Landscaping Assessment District Number 39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments. The estimated number of parcels within the District is 1,251 parcels. The amount assessed upon the lands within District Number 39 for Fiscal Year 2016-17 was $236.00 per parcel. The amount to be assessed for Fiscal Year 2017-18 is proposed to remain at $236.00 per parcel. The assessments will be utilized towards the general maintenance of slopes, open space areas and the five (5) mini parks within District 39. In addition, the assessments will be utilized to make improvements at Longview Park South. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. District No. 41 The attached Engineer's Report for the City's Landscaping Assessment District Number 41, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 554 parcels. The amount assessed upon the lands within District Number 41 for Fiscal Year 2016-17 was Packet Pg. 396 7.2 $220.50 per parcel. The amount to be assessed for Fiscal Year 2017-18 is to remain at $220.50 per parcel. The assessments will be utilized towards the general maintenance of mini parks, slopes, and open space areas within District 41. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. PREPARED BY: A�r,f A ario, dFninislraWe Coordinator 6/20/2U17 )9421w;/ A;I I . AAffJ7 "ZOA& idi , PTiM W179 i ector 6/1412017 canna oneywell, Finan Director 6/14/2017 Attachments: 1. 7.2.a LLAD 38 - Resolution No. 2017 -XX - Levy 2. 7.2.b LLAD 39 - Resolution No. 2017 -XX - Levy 3. 7.2.c LLAD 41 - Resolution No. 2017 -XX - Levy 4. 7.2.d LLAD 38 - Engineer's Report (R) 5. 7.2.e LLAD 39 - Engineer's Report (R) 6. 7.2.f LLAD 41 - Engineer's Report (R) Packet Pg. 397 7.2.a RESOLUTION NO. 2017 A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2017 18. A. RECITALS. (i) By its Resolution No. 2017-15, this Council approved a report of the Engineer of Work related to City of Diamond Bar Assessment District No. 38 ("District") prepared pursuant to Article XIII of the California Constitution, and the Landscape and Lighting Act of 1972 (the "Act"), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof), which described the improvements thereon, and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2017-18. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-1." (ii) Said hearing was duly and properly noticed, commenced in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California on June 20, 2017, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 1 Packet Pg. 398 3. Based upon its review of the report of the Engineer of Work referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2017-18 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2017-18 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2017-18. 7. The City of Diamond Bar City Council hereby certifies that the assessments to be placed on the 2017-18 property tax bills meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the California Constitution. 8. The assessments are levied without regard to property valuation. 9. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 38. 2 7.2.a Packet Pg. 399 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 12. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of Jimmy Lin, Mayor 2017. I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of , 2017, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar 3 7.2.a Packet Pg. 400 Exhibit A 1 SWEET 1 Of 1 SHEET [sib iLi, iNIFM,,[0lu}l:1214 h ,ww.r.Tan®rx®.r�n�n s� aee oLPIC iC�B •� rn R N r w me r.r Yv 7.2.a Packet Pg. 401 7.2.b RESOLUTION NO. 2017 A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2017 18. A. RECITALS. (i) By its Resolution No. 2017-16, this Council approved a report of the Engineer of Work related to City of Diamond Bar Assessment District No. 39 ("District") prepared pursuant to Article XIII of the California Constitution, and the Landscape and Lighting Act of 1972 (the "Act"), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof), which described the improvements thereon, and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2017-18. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-1." (ii) Said hearing was duly and properly noticed, commenced in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California on June 20, 2017, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 1 Packet Pg. 402 3. Based upon its review of the report of the Engineer of Work referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2017-18 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $236.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2017-18 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2017-18. 7. The City of Diamond Bar City Council hereby certifies that the assessments to be placed on the 2017-18 property tax bills meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the California Constitution. 8. The assessments are levied without regard to property valuation. 9. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 39. 2 7.2.b Packet Pg. 403 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 12. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of Jimmy Lin, Mayor 2017. I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of , 2017, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar 3 7.2.b Packet Pg. 404 7.2.c RESOLUTION NO. 2017 A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2017 18. A. RECITALS. (i) By its Resolution No. 2017-17, this Council approved a report of the Engineer of Work related to City of Diamond Bar Assessment District No. 41 ("District") prepared pursuant to Article XIII of the California Constitution, and the Landscape and Lighting Act of 1972 (the "Act"), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof), which described the improvements thereon, and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2017-18. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-1." (ii) Said hearing was duly and properly noticed, commenced in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California on June 20, 2017, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 1 Packet Pg. 406 3. Based upon its review of the report of the Engineer of Work referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2017-18 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $220.50 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2017-18 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2017-18. 7. The City of Diamond Bar City Council hereby certifies that the assessments to be placed on the 2017-18 property tax bills meet the requirements of Proposition 218 that added ARtciels XIIIC and XIIID to the California Constitution. 8. The assessments are levied without regard to property valuation. 9. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 41. 2 7.2.c Packet Pg. 407 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 12. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of Jimmy Lin, Mayor 2017. I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of , 2017, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar 3 7.2.c Packet Pg. 408 Exhibit A 1 A SF-t)'Edi iI I AGRA ASSESSMENT Cil TI T NO. -1 FOR THE WY OF DIAM014D BAR .w -W rd 160 7.2.c Packet Pg. 409 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 38 ENGINEER'S REPORT FISCAL YEAR 2017-18 APRIL 2017 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ENGINEER OF WORK: SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD, CALIFORNIA 94534 PHONE 707.430.4300 FAx 707.430.4319 WWW.SCI-CG.COM 7.2.d Packet Pg. 410 (THIS PAGE INTENTIONALLY LEFT BLANK 7.2.d Packet Pg. 411 CITY OF DIAMOND BAR CITY COUNCIL Jimmy Lin, Mayor Ruth M. Low, Mayor Pro Tem Carol Herrera, Councilmember Nancy A. Lyons, Councilmember Steve Tye, Councilmember CITY MANAGER James DeStefano PUBLIC WORKS DIRECTOR I CITY ENGINEER David Liu CITY ATTORNEY David DeBerry ENGINEER OF WORK SCI Consulting Group CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 7.2.d PAGE ConsultingGroup Packet Pg. 412 (THIS PAGE INTENTIONALLY LEFT BLANK CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 7.2.d PAGE II CIConsultingGroup Packet Pg. 413 7.2.d PAGE III TABLE OF CONTENTS INTRODUCTION....................................................................................................................... 5 OVERVIEW...................................................................................................................... 5 ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5 LEGISLATIVE ANALYSIS.................................................................................................... 6 PLANS & SPECIFICATIONS...................................................................................................... 9 FISCAL YEAR 2017-18 ESTIMATE OF COST AND BUDGET ....................................................... 11 BUDGET FOR FISCAL YEAR 2017-18............................................................................... 11 METHOD OF ASSESSMENT APPORTIONMENT.......................................................................... 13 METHOD OF APPORTIONMENT........................................................................................ 13 DISCUSSIONOF BENEFIT................................................................................................ 13 SPECIAL BENEFIT.......................................................................................................... 14 GENERAL VERSUS SPECIAL BENEFIT.............................................................................. 16 BENEFITFINDING........................................................................................................... 17 METHOD OF APPORTIONMENT........................................................................................ 20 ANNUAL ASSESSMENT CALCULATION.............................................................................. 20 DURATION OF ASSESSMENT........................................................................................... 21 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 21 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 21 ASSESSMENT...................................................................................................................... 22 ASSESSMENT DIAGRAM........................................................................................................ 24 ASSESSMENTROLL............................................................................................................. 26 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 CIConsultingGroup Packet Pg. 414 LIST OF TABLES TABLE 1 - FY 2017-18 ESTIMATE OF COSTS TABLE 2 - FY 2017-18 SUMMARY COST ESTIMATE CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 7.2.d PAGE IV 22 CIConsultingGroup Packet Pg. 415 INTRODUCTION 7.2.d OVERVIEW The City of Diamond Bar (the "City") services and maintains perimeter and median landscaping, and other improvements ("Improvements") to various parts of the City. In order to fund the maintenance and operation ("Services") of these projects and improvements, Landscaping Assessment District No. 38 ("District") was formed in 1984 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer's Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2017-18 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the "Article"). ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for over 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the "Council") must direct the preparation of an Engineer's Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer's Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer's Report (the "Report") was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer's Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for June 20, 2017. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2017-18. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2017-18. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 SC IConsultingGroup Packet Pg. 416 7.2.d PAGE 6 Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer's reports has been retained herein and is cited in italics as appropriate. LEGISLATIVE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4TH 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority ("SVTA"). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: ■ Benefit assessments are for special, not general, benefit ■ The services and/or improvements funded by assessments must be clearly defined ■ Special benefits are directly received by and provide a direct advantage to property in the Improvement District ■ The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer's Report and the process used to establish the continuation of the assessments for fiscal year 2017-18 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 417 7.2.d PAGE 7 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi -family residential parcels, commercial parcels, industrial parcels, etc. DAHMS V. DOWNTOWN POMONA PROPERTY (2009) 174 CAL. APP. 4T" 708 In Dahms v. Downtown Pomona Property ("Dahms") the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDER V. TOWN OF TIBURON (2009) 180 CAL. APP. 4T" 103 Bonander v. Town of Tiburon ("Bonander'), the 1St District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. BEUTZ V. COUNTY OF RIVERSIDE (2010) 184 CAL. APP. 4T" 1516 Steven Beutz v. County of Riverside ("Beutz") the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD ASSOCIATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4T" 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 418 7.2.d PAGE 8 were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. COMPLIANCE WITH CURRENT LAW This Engineer's Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 419 7.2.d PAGE 9 PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District's boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 38, ("District"), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the "Act"), the work and improvements are generally described as follows: MEDIANS The landscaped islands to be maintained by the District are located as follows: ■ Diamond Bar Blvd ■ Grand Ave ■ Golden Springs Dr — 57 fwy overcrossing to West City Limits ■ Golden Prados Dr — Golden Springs Dr to Hopi St ■ Tin Dr — Great Bend Dr to Diamond Bar Blvd ■ Lemon Ave — Lycoming St to Golden Springs Dr ■ Sunset Crossing Rd — 57 fwy off -ramp to Prospectors Rd ■ Prospectors Rd — at Dry Creek Rd; at Palo Cedro Dr; and at Beaverhead Dr ■ Pathfinder Rd at Brea Canyon Rd (east of 57 fwy) PARKWAYS The landscaped parkways to be maintained by the District are located as follows: ■ Grand Ave — Summit Ridge to Diamond Bar Blvd, north side ■ Temple Ave — Diamond Bar Blvd to Golden Springs Dr, south side ■ Golden Springs Dr — Ballena Dr to End of cul-de-sac ■ Golden Springs Dr — EI Encino Dr to Platina Dr ■ Golden Springs Dr — Rancheria Rd to end of cul-de-sac ■ Diamond Bar Blvd — Mountain Laurel Way to Maple Hill Rd ■ Pathfinder Rd — Evergreen Springs Dr to end of cul-de-sac ■ Brea Canyon Rd — at Gerndal St ■ Golden Springs Dr — at Adel Ave ■ Brea Canyon Rd — South of Pathfinder Rd to southerly City Limits, both sides ■ Sunset Crossing Rd — Big Falls Dr to Chapparal Dr TURF AREAS The landscaped turf areas to be maintained by the District are located as follows: ■ Diamond Bar Blvd — at Gold Rush Dr ■ Grand Ave (east side) — from south of Rolling Knoll Dr to driveway at the Diamond Bar Center CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 420 7.2.d PAGE 10 Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, lighting, fencing, entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, "Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage and lights. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ,ClConsultingGroup Packet Pg. 421 7.2.d PAGE 11 FISCAL YEAR 2017-18 ESTIMATE OF COST AND BUDGET BUDGET FOR FISCAL YEAR 2017-18 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2017-18 for the maintenance and servicing of the Improvements is provided below. TABLE 1— FY 2017-18 ESTIMATE OF COSTS Expenditure Item Amount Salaries & Benefits (subsidized by General Fund) $ 36,225 Operating Expenses Advertising 5,000 Utilities $ 139,900 Maintenance of Grounds/Buildings 31,250 Professional Services 5,500 Contract Services 211,424 Capital Improvements 0 Estimated Expenditures $ 429,299 Revenue Item Amount Direct Benefit Assessments $ 272,145 General Fund Contribution $ 157,154 Estimated Revenues $ 429,299 Budget Allocation to Parcels Amount Total Assessment BudgetA $ 272,145 Total Assessable Parcels 18,143 Assessment per Parcel $ 15.00 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 CIConsultingGroup Packet Pg. 422 7.2.d PAGE 12 Notes to Estimate of Costs: A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 CIConsultingGroup Packet Pg. 423 7.2.d PAGE 13 METHOD OF ASSESSMENT APPORTIONMENT METHOD OF APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. DISCUSSION OF BENEFIT In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. " The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 424 7.2.d PAGE 14 provided with the assessment proceeds. These types of special benefit are summarized as follows: A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: ■ Proximity ■ Expanded or improved access ■ Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district's property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. SPECIAL BENEFIT The District was formed by a different engineer of record. From the original Engineer's Report, the primary special benefits on landscaping are as set forth below: CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 425 7.2.d PAGE 15 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits.' In addition, SCI assessment engineers have identified the following special benefits: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICTS The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. EXTENSION OF A PROPERTY'S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide From the Engineer's Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 426 7.2.d PAGE 16 additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: Total _ General Special Benefit — Benefit + Benefit There is no widely -accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not "particular and distinct" and are not "over and above" benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements "over and above" this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: Benefit to Real Benefit to Real General _ Property Outside Property Inside the Benefit to Benefit — the Assessment + Assessment District + the Public District that is Indirect and at Large Derivative CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 427 7.2.d PAGE 17 Special benefit, on the other hand, is defined in the state constitution as "a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large." The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it "receives a direct advantage from the improvement (e.g., proximity to a park)." In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special, and is only minimally received by property outside the Districts or the public at large. BENEFIT FINDING QUANTIFICATION OF GENERAL BENEFIT In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since the properties outside the District but with frontage abutting the Improvements cannot be assessed by the District, this is a form of general benefit to other property. The primary way that parcels outside the district benefit by the Improvements is from views. Therefore, parcels that abut the landscape areas and are not separated from the Improvements by a privacy fence are counted for this general benefit. Since very few of the Improvements lie at the District boundary near occupied parcels, there are very few parcels in this category. The general benefit to property outside of the District is calculated as follows. ASSUMPTIONS: ■ 18 parcels outside the District ■ 18,143 parcels in the District CALCULATION: General Benefit to property outside the District = 18/(18+18,143 ) = 0.10% CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 428 7.2.d PAGE 18 BENEFIT TO PROPERTY INSIDE THE ASSESSMENT DISTRICTS THAT IS INDIRECT AND DERIVATIVE The "indirect and derivative" benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly "over and above" and "particular and distinct" when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit "conferred on real property located in the district" A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 4.43% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. BENEFIT To THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District's Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same way as park improvements — and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy landscaping in the same way as they may visit a park. One way to measure the special benefit to the general public is by the vehicle trips through an area with Improvements by people who are not residents within the District. Of the four ways benefits are conferred (proximity, access, views, extension of a property's green space, and creation of lots), the only benefit that is conferred by way of pass -by vehicle trips is views, which accounts for 25% of the total benefits. This is further reduced to 10% due the brevity of the views and because views are less critically important and are enjoyed much less often to the average non-resident driver than to a resident. Specific data is not available for the number of vehicle trips by non-residents of the District past the Improvements, which lie mostly on arterial roadways. A conservative estimate of vehicle trips by non-residents is 50% of all vehicle trips. Therefore (50% of 10% =) 5.00% of the benefits from the other Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, we find that approximately 9.53% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 429 7.2.d PAGE 19 LANDSCAPING GENERAL BENEFIT CALCULATION 0.10% (Outside the District) + 4.43% (Property within the District) + 5.00% (Public at Large) = 9.53% (Total General Benefit) Although this analysis finds that 9.53% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 10%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City's General Fund or other non -District funds. These contributions can also be in the form of in -lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in -lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District's Assessments. A summary and quantification of these other contributions from the City is discussed below: The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non -assessment funds, this CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 430 7.2.d PAGE 20 "annuity" can be used to offset general benefit costs, and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 10% which is entirely offset by the conservatively quantified total non -assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. METHOD OF APPORTIONMENT The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer's Report is included below: The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. The existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.2 ANNUAL ASSESSMENT CALCULATION For fiscal year 2017-18 the amount of Assessments for the District is not increased from prior years. The estimated assessment per parcel is $15.00. 2 From the Engineer's Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 SCIConsultingGroup Packet Pg. 431 7.2.d PAGE 21 DURATION OF ASSESSMENT The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. APPEALS OF ASSESSMENTS LEVIED TO PROPERTY Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then -current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 432 ASSESSMENT 7.2.d PAGE 22 WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; Now, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2017-18 is generally as follows: TABLE 2 — FY 2017-18 SUMMARY COST ESTIMATE Salaries & Benefits $ 36,225 Operating Expenses & Services 393,074 Capital Expenses 0 Total for Services $ 429,299 Less General Fund Contribution (157,154) Less Other Revenue 0 Net Amount to Assessments $ 272,145 As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 CIConsultingGroup Packet Pg. 433 7.2.d PAGE 23 2017-18. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2017-18 for each parcel or lot of land within the District. Dated: April 28, 2017 No. "I Exp. 9 Sa r p CIVIL /a� CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 0 Engineer of Work Jerry Bradshaw, License No. C48845 CIConsultingGroup Packet Pg. 434 7.2.d PAGE 24 ASSESSMENT DIAGRAM The District boundary is conterminous with the City Limits. The parcels to be assessed in Landscaping Assessment District No. 38 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar, and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2017-18, and are incorporated herein by reference, and made a part of this Diagram and this Report. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 CIConsultingGroup Packet Pg. 435 7.2.d PAGE 26 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2017-18 :ConsultingGroup Packet Pg. 437 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 ENGINEER'S REPORT FISCAL YEAR 2017-18 APRIL 2017 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ENGINEER OF WORK: SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD, CALIFORNIA 94534 PHONE 707.430.4300 FAx 707.430.4319 WWW.SCI-CG.COM 7.2.e Packet Pg. 438 (THIS PAGE INTENTIONALLY LEFT BLANK 7.2.e Packet Pg. 439 CITY OF DIAMOND BAR CITY COUNCIL Jimmy Lin, Mayor Ruth M. Low, Mayor Pro Tem Carol Herrera, Councilmember Nancy A. Lyons, Councilmember Steve Tye, Councilmember CITY MANAGER James DeStefano PUBLIC WORKS DIRECTOR I CITY ENGINEER David Liu CITY ATTORNEY David DeBerry ENGINEER OF WORK SCI Consulting Group CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 7.2.e PAGE ConsultingGroup Packet Pg. 440 (THIS PAGE INTENTIONALLY LEFT BLANK CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 7.2.e PAGE II ConsultingGroup Packet Pg. 441 7.2.e PAGE III TABLE OF CONTENTS INTRODUCTION....................................................................................................................... 5 OVERVIEW...................................................................................................................... 5 ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5 LEGISLATIVE ANALYSIS.................................................................................................... 6 PLANS & SPECIFICATIONS...................................................................................................... 9 FISCAL YEAR 2017-18 ESTIMATE OF COST AND BUDGET ....................................................... 11 BUDGET FOR FISCAL YEAR 2017-18............................................................................... 11 METHOD OF ASSESSMENT APPORTIONMENT.......................................................................... 13 METHOD OF APPORTIONMENT........................................................................................ 13 DISCUSSIONOF BENEFIT................................................................................................ 13 SPECIAL BENEFIT.......................................................................................................... 14 GENERAL VERSUS SPECIAL BENEFIT.............................................................................. 16 BENEFITFINDING........................................................................................................... 17 METHOD OF APPORTIONMENT........................................................................................ 20 ANNUAL ASSESSMENT CALCULATION.............................................................................. 21 DURATION OF ASSESSMENT........................................................................................... 21 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 21 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 22 ASSESSMENT...................................................................................................................... 23 ASSESSMENT DIAGRAM........................................................................................................ 25 ASSESSMENTROLL............................................................................................................. 27 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 442 LIST OF TABLES TABLE 1 - FY 2017-18 ESTIMATE OF COSTS TABLE 2 - FY 2017-18 SUMMARY COST ESTIMATE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 7.2.e PAGE IV 23 ConsultingGroup Packet Pg. 443 INTRODUCTION 7.2.e OVERVIEW The City of Diamond Bar (the "City") services and maintains mini -parks, slopes and open space areas and other improvements ("Improvements") in the Diamond Bar Hills area of the City. In order to fund the maintenance and operation ("Services") of these projects and improvements, Landscaping Assessment District No. 39 ("District") was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer's Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2017-18 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the "Article"). ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the "Council") must direct the preparation of an Engineer's Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer's Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer's Report (the "Report") was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer's Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for June 20, 2017. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2017-18. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2017-18. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 39 ENGINEERS REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 444 7.2.e PAGE 6 Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer's reports has been retained herein and is cited in italics as appropriate. LEGISLATIVE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4TH 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority ("SVTA"). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: ■ Benefit assessments are for special, not general, benefit ■ The services and/or improvements funded by assessments must be clearly defined ■ Special benefits are directly received by and provide a direct advantage to property in the Improvement District ■ The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer's Report and the process used to establish the continuation of the assessments for fiscal year 2017-18 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 445 7.2.e PAGE 7 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi -family residential parcels, commercial parcels, industrial parcels, etc. DAHMS V. DOWNTOWN POMONA PROPERTY (2009) 174 CAL. APP. 4T" 708 In Dahms v. Downtown Pomona Property ("Dahms") the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDER V. TOWN OF TIBURON (2009) 180 CAL. APP. 4T" 103 Bonander v. Town of Tiburon ("Bonander'), the 1St District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. BEUTZ V. COUNTY OF RIVERSIDE (2010) 184 CAL. APP. 4T" 1516 Steven Beutz v. County of Riverside ("Beutz") the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD ASSOCIATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4T" 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 446 7.2.e PAGE 8 were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. COMPLIANCE WITH CURRENT LAW This Engineer's Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 447 7.2.e PAGE 9 PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District's boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 39, ("District"), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the "Act"), the work and improvements are generally described as mini -parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District. Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis courts, other recreational facilities, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, "Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 448 7.2.e PAGE 10 to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 449 7.2.e PAGE 11 FISCAL YEAR 2017-18 ESTIMATE OF COST AND BUDGET BUDGET FOR FISCAL YEAR 2017-18 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2017-18 for the maintenance and servicing of the Improvements is provided below. TABLE 1— FY 2017-18 ESTIMATE OF COSTS Expenditure Item Amount Salaries & Benefits $ 20,540 Operating Expenses Advertising 5,000 Utilities 76,700 Maintenance of Grounds/Buildings 32,500 Professional Services 5,500 Contract Services Landscape Maintenance 208,476 Tree Maintenance 5,000 Weed/Pest Abatement 18,000 Capital Improvements 0 Estimated Expenditures $ 371,716 Revenue Item Amount Direct Benefit Assessments $ 295,236 Carryover from Fund Balance 43,223 General Fund Contribution 33,257 Estimated Revenues $ 371,716 Budget Allocation to Parcels Amount Total Assessment BudgetA $ 295,236 Total Assessable Parcels 1,251 Assessment per Parcel $ 236.00 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 450 7.2.e PAGE 12 Notes to Estimate of Costs: A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 451 7.2.e PAGE 13 METHOD OF ASSESSMENT APPORTIONMENT METHOD OF APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. DISCUSSION OF BENEFIT In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. " The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 452 7.2.e PAGE 14 A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. E. Safety and Security within the District F. Creation of individual lots for residential and commercial use that, in absence of the Assessments, would not have been created. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: ■ Proximity ■ Expanded or improved access ■ Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district's property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. SPECIAL BENEFIT The District was formed by a different engineer of record. From the original Engineer's Report, the primary special benefits on landscaping are as set forth below: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 453 7.2.e PAGE 15 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. 4. The enhancement of the value of property which results from the foregoing benefits.1 In addition, SCI assessment engineers have identified the following special benefits: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICT The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. From the Engineer's Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 454 7.2.e PAGE 16 EXTENSION OF A PROPERTY'S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. SAFETY AND SECURITY WITHIN THE ASSESSMENT DISTRICT The City, through proper installation, maintenance and servicing of permanent public improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well -kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL AND COMMERCIAL USE THAT, IN ABSENCE OF THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED In most of the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for public improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate "White Paper" reports that the parcels were subject to assessment. Purchase of property was also an "agreement" to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 455 7.2.e PAGE 17 Total _ General Special Benefit — Benefit + Benefit There is no widely -accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not "particular and distinct" and are not "over and above" benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements "over and above" this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: Benefit to Real Benefit to Real General _ Property Outside Property Inside the Benefit to Benefit the Assessment + Assessment District + the Public District that is Indirect and at Large Derivative Special benefit, on the other hand, is defined in the state constitution as "a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large." The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it "receives a direct advantage from the improvement (e.g., proximity to a park)." In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special, and is only minimally received by property outside the Districts or the public at large. BENEFIT FINDING QUANTIFICATION OF GENERAL BENEFIT In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 456 7.2.e PAGE 18 BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are eight parcels outside the District that lie within a half mile travel distance of one of mini -parks within the District. In addition, there are 79 parcels outside the District that are directly adjacent to areas where brush clearing activity is performed by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by half. The general benefit to property outside of the District is calculated as follows. ASSUMPTIONS: ■ 87 parcels outside the District ■ 1,251 parcels in the District ■ 50% Benefit Factor CALCULATION: General Benefit to property outside the District = 87/(87+1,251) x 50% = 3.25% BENEFIT TO PROPERTY INSIDE THE ASSESSMENT DISTRICTS THAT IS INDIRECT AND DERIVATIVE The "indirect and derivative" benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly "over and above" and "particular and distinct" when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit "conferred on real property located in the district" A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 1.51% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 457 7.2.e PAGE 19 BENEFIT TO THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District's Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. There are two ways in which the public at large can enjoy the improvements, with each counting for half of the general benefit: use of parks, and pass -by trips where landscaped areas can be viewed. In the case of the mini -parks that serve primarily the neighborhood, City staff estimate that approximately 10% of the users do not live, work or own property in the District. The general landscape improvements are typically along slopes and open space areas, out of view of the general public; no general benefit is conferred for views of landscaping. Finally, the general benefits conferred to the public at large does not include the benefit of lot creation, so this benefit is further reduced by half. Therefore we find that ((50% of 10%) x 50% _) 2.500% of the benefits from the Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, we find that approximately 7.26% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. LANDSCAPING GENERAL BENEFIT CALCULATION 3.25% (Outside the District) + 1.51% (Property within the District) + 2.50% (Public at Large) = 7.26% (Total General Benefit) Although this analysis finds that 7.26% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 8%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City's General Fund or other non -District funds. These contributions can also be in the form of in -lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in -lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District's Assessments. A summary and quantification of these other contributions from the City is discussed below: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 458 7.2.e PAGE 20 The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non -assessment funds, this "annuity" can be used to offset general benefit costs, and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 8% which is entirely offset by the conservatively quantified total non -assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. METHOD OF APPORTIONMENT The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer's Report is included below: The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are as set forth below: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 459 7.2.e PAGE 21 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. The existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.2 ANNUAL ASSESSMENT CALCULATION For fiscal year 2017-18 the amount of Assessments for the District is not increased from the prior year. The estimated assessment per parcel is $236.00. DURATION OF ASSESSMENT The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. APPEALS OF ASSESSMENTS LEVIED TO PROPERTY Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then -current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. 2 From the Engineer's Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 460 7.2.e PAGE 22 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 461 ASSESSMENT 7.2.e PAGE 23 WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; Now, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2017-18 is generally as follows: TABLE 2 — FY 2017-18 SUMMARY COST ESTIMATE Salaries & Benefits $ 20,540 Operating Expenses & Services 351,176 Capital Expenses 0 Total for Services $ 371,716 Less General Fund Contribution (33,257) Less Carryover (43,223) Net Amount to Assessments $ 295,236 As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 462 7.2.e PAGE 24 2017-18. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2017-18 for each parcel or lot of land within the District. Dated: April 28, 2017 No. 4884 Exp. 9 So I p A\ CIVIL /Z\ CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 0 Engineer of Work Jerry Bradshaw, License No. C48845 SCIConsultingGroup Packet Pg. 463 7.2.e PAGE 25 ASSESSMENT DIAGRAM The District boundary and the parcels to be assessed in Landscaping Assessment District No. 39 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar, and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2017-18, and are incorporated herein by reference, and made a part of this Diagram and this Report. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 464 .. � ISS _ _ .. � � "�'� `� r�"� � �}��w�F'i9�i � _ 4 k R` �a94;� is � A a '� K�y, -'. ��,� ���nYTR�., �'w .t � f+� 3Rb�`M� �� r �' I �_ �� !q ' J �'"T f�,y C I � Y _ y �, M 2 I � �.� � -.tin it �P�,. p' a � r ,- ' . S �� F � 7rV�J. �` J, �_ y ,� s � .._ ��, r ,-' -� , �, ,� r� i � � ;,y •�� -�� �. % � �' .� �. <rr�=r= r 7.2.e PAGE 27 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT, FISCAL YEAR 2017-18 SCIConsultingGroup Packet Pg. 466 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 ENGINEER'S REPORT FISCAL YEAR 2017-18 APRIL 2017 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ENGINEER OF WORK: SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD, CALIFORNIA 94534 PHONE 707.430.4300 FAx 707.430.4319 WWW.SCI-CG.COM 7.2.f Packet Pg. 467 (THIS PAGE INTENTIONALLY LEFT BLANK 7.2.f Packet Pg. 468 CITY OF DIAMOND BAR CITY COUNCIL Jimmy Lin, Mayor Ruth M. Low, Mayor Pro Tem Carol Herrera, Councilmember Nancy A. Lyons, Councilmember Steve Tye, Councilmember CITY MANAGER James DeStefano PUBLIC WORKS DIRECTOR I CITY ENGINEER David Liu CITY ATTORNEY David DeBerry ENGINEER OF WORK SCI Consulting Group CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 7.2.f PAGE ConsultingGroup Packet Pg. 469 (THIS PAGE INTENTIONALLY LEFT BLANK CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 7.2.f PAGE II ConsultingGroup Packet Pg. 470 7.2.f PAGE III TABLE OF CONTENTS INTRODUCTION....................................................................................................................... 5 OVERVIEW...................................................................................................................... 5 ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5 LEGISLATIVE ANALYSIS.................................................................................................... 6 PLANS & SPECIFICATIONS...................................................................................................... 9 FISCAL YEAR 2017-18 ESTIMATE OF COST AND BUDGET ....................................................... 11 BUDGET FOR FISCAL YEAR 2017-18............................................................................... 11 METHOD OF ASSESSMENT APPORTIONMENT.......................................................................... 13 METHOD OF APPORTIONMENT........................................................................................ 13 DISCUSSIONOF BENEFIT................................................................................................ 13 SPECIAL BENEFIT.......................................................................................................... 14 GENERAL VERSUS SPECIAL BENEFIT.............................................................................. 16 BENEFITFINDING........................................................................................................... 18 METHOD OF APPORTIONMENT........................................................................................ 20 ANNUAL ASSESSMENT CALCULATION.............................................................................. 21 DURATION OF ASSESSMENT........................................................................................... 21 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 22 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 22 ASSESSMENT...................................................................................................................... 23 ASSESSMENT DIAGRAM........................................................................................................ 25 ASSESSMENTROLL............................................................................................................. 27 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 471 LIST OF TABLES TABLE 1 - FY 2017-18 ESTIMATE OF COSTS TABLE 2 - FY 2017-18 SUMMARY COST ESTIMATE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 7.2.f PAGE IV 23 ConsultingGroup Packet Pg. 472 7.2.f INTRODUCTION OVERVIEW The City of Diamond Bar (the "City") services and maintains mini -parks, slopes and open space areas and other improvements ("Improvements") in the Diamond Bar High Country area of the City. In order to fund the maintenance and operation ("Services") of these projects and improvements, Landscaping Assessment District No. 41 ("District") was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer's Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2017-18 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the "Article"). ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the "Council") must direct the preparation of an Engineer's Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer's Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer's Report (the "Report") was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer's Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for June 20, 2017. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2017-18. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2017-18. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 473 7.2.f PAGE 6 Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer's reports has been retained herein and is cited in italics as appropriate. LEGISLATIVE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4TH 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority ("SVTA"). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: ■ Benefit assessments are for special, not general, benefit ■ The services and/or improvements funded by assessments must be clearly defined ■ Special benefits are directly received by and provide a direct advantage to property in the Improvement District ■ The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer's Report and the process used to establish the continuation of the assessments for fiscal year 2017-18 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 474 7.2.f PAGE 7 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi -family residential parcels, commercial parcels, industrial parcels, etc. DAHMS V. DOWNTOWN POMONA PROPERTY (2009) 174 CAL. APP. 4T" 708 In Dahms v. Downtown Pomona Property ("Dahms") the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDER V. TOWN OF TIBURON (2009) 180 CAL. APP. 4T" 103 Bonander v. Town of Tiburon ("Bonander'), the 1St District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. BEUTZ V. COUNTY OF RIVERSIDE (2010) 184 CAL. APP. 4T" 1516 Steven Beutz v. County of Riverside ("Beutz") the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD ASSOCIATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4T" 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 475 7.2.f PAGE 8 were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. COMPLIANCE WITH CURRENT LAW This Engineer's Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 476 7.2.f PAGE 9 PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District's boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 41, ("District"), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the "Act"), the work and improvements are generally described as mini -parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District. Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, lighting, fencing, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, "Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 477 7.2.f PAGE 10 to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 478 7.2.f PAGE 11 FISCAL YEAR 2017-18 ESTIMATE OF COST AND BUDGET BUDGET FOR FISCAL YEAR 2017-18 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2017-18 for the maintenance and servicing of the Improvements is provided below. TABLE 1— FY 2017-18 ESTIMATE OF COSTS Expenditure Item Amount Salaries & Benefits $ 17,670 Operating Expenses Advertising 5,000 Utilities 52,750 Maintenance of Grounds/Buildings 20,000 Professional Services 5,500 Contract Services Landscape Maintenance 68,076 Tree Maintenance 18,000 Weed/Pest Abatement 47,000 Capital Improvements 0 Estimated Expenditures $ 233,996 Revenue Item Amount Direct Benefit Assessments $ 122,157 General Fund Contribution 106,839 Prop A Contribution 5,000 Estimated Revenues $ 233,996 Budget Allocation to Parcels Amount Total Assessment BudgetA $ 122,157 Total Assessable Parcels 554 Assessment per Parcel $ 220.50 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 479 7.2.f PAGE 12 Notes to Estimate of Costs: A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 480 7.2.f PAGE 13 METHOD OF ASSESSMENT APPORTIONMENT METHOD OF APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. DISCUSSION OF BENEFIT In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. " The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 481 7.2.f PAGE 14 A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. E. Safety and Security within the District F. Creation of individual lots for residential and commercial use that, in absence of the Assessments, would not have been created. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: ■ Proximity ■ Expanded or improved access ■ Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district's property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. SPECIAL BENEFIT The District was formed by a different engineer of record. From the original Engineer's Report, the primary special benefits on landscaping are as set forth below: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 482 7.2.f PAGE 15 1. Beautification of the streets which are used by all the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. 4. The enhancement of the value of property which results from the foregoing benefits.1 In addition, SCI assessment engineers have identified the following special benefits: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICT The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. From the Engineer's Report, Update of Assessment District No. 41, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 483 7.2.f PAGE 16 EXTENSION OF A PROPERTY'S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. SAFETY AND SECURITY WITHIN THE ASSESSMENT DISTRICT The City, through proper installation, maintenance and servicing of permanent public improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well -kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL AND COMMERCIAL USE THAT, IN ABSENCE OF THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED In most of the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for public improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate "White Paper" reports that the parcels were subject to assessment. Purchase of property was also an "agreement" to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 484 In other words: Total _ General Special Benefit — Benefit + Benefit 7.2.f PAGE 17 There is no widely -accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not "particular and distinct" and are not "over and above" benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements "over and above" this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: Benefit to Real Benefit to Real General _ Property Outside Property Inside the Benefit to Benefit — the Assessment + Assessment District + the Public District that is Indirect and at Large Derivative Special benefit, on the other hand, is defined in the state constitution as "a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large." The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it "receives a direct advantage from the improvement (e.g., proximity to a park)." In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special, and is only minimally received by property outside the Districts or the public at large. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 485 7.2.f PAGE 18 BENEFIT FINDING QUANTIFICATION OF GENERAL BENEFIT In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are 23 parcels outside the District that are directly adjacent to areas where slopes are maintained by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by half. The general benefit to property outside of the District is calculated as follows. ASSUMPTIONS: ■ 23 parcels outside the District ■ 1,251 parcels in the District ■ 50% Benefit Factor CALCULATION: General Benefit to property outside the District = 23/(23+ 554) x 50% = 1.99% BENEFIT TO PROPERTY INSIDE THE ASSESSMENT DISTRICTS THAT IS INDIRECT AND DERIVATIVE The "indirect and derivative" benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly "over and above" and "particular and distinct" when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit "conferred on real property located in the district" A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 486 7.2.f PAGE 19 major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. The District boundaries are narrowly drawn to include only the residential areas within the neighborhood, and there are no regional facilities within the District. Therefore, the indirect and derivative general benefits to property within the District are zero. BENEFIT TO THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District's Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same was as park improvements, and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy slope improvements in the same way as they may visit a park. However, certain slopes maintained by the District may provide some enhancement to views enjoyed by the public as they drive past. Approximately 25% of the slopes and linear green areas maintained by the District lie along arterial roadways that carry a high percentage of traffic not associated with people who are not residents or property owners within the District. While there are not statistics available as to what percentage of pass -by vehicle trips are by non-residents or non -property owners, a liberal factor of 90% is assumed. Finally, of all the types of benefits conferred by the Improvements, passersby only benefit from views, which are estimated at 10% of the total benefits. Therefore we find that ((90% of 25%) x 10% _) 2.25% of the benefits from the Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, we find that approximately of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. LANDSCAPING GENERAL BENEFIT CALCULATION 1.99% (Outside the District) + 0% (Property within the District) + 2.25% (Public at Large) = 4.24% (Total General Benefit) Although this analysis finds that 4.24% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 5%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 487 7.2.f PAGE 20 CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City's General Fund or other non -District funds. These contributions can also be in the form of in -lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in -lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District's Assessments. A summary and quantification of these other contributions from the City is discussed below: The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non -assessment funds, this "annuity" can be used to offset general benefit costs, and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 8% which is entirely offset by the conservatively quantified total non -assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. METHOD OF APPORTIONMENT The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer's Report is included below: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 488 7.2.f PAGE 21 The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are as set forth below: 1. Beautification of the streets which are used by all the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. The existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.2 ANNUAL ASSESSMENT CALCULATION For fiscal year 2017-18 the amount of Assessments for the District is not increased from prior years. The estimated assessment per parcel is $220.50. DURATION OF ASSESSMENT The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. 2 From the Engineer's Report, Update of Assessment District No. 41, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 489 7.2.f PAGE 22 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then -current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 490 ASSESSMENT 7.2.f PAGE 23 WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; Now, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2017-18 is generally as follows: TABLE 2 — FY 2017-18 SUMMARY COST ESTIMATE Salaries & Benefits $ 17,670 Operating Expenses & Services 216,326 Capital Expenses 0 Total for Services $ 233,996 Less General Fund Contribution (106,839) Less Other Revenue (Prop A) (5,000) Net Amount to Assessments $ 122,157 As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 491 7.2.f PAGE 24 2017-18. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2017-18 for each parcel or lot of land within the District. Dated: April 28, 2017 No. "I Exp. 9 Sa r p �Z'CIVlL /a� CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 a Engineer of Work P{� Jerry Bradshaw, License No. C48845 ConsultingGroup Packet Pg. 492 7.2.f PAGE 25 ASSESSMENT DIAGRAM The District boundary and the parcels to be assessed in Landscaping Assessment District No. 39 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar, and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2017-18, and are incorporated herein by reference, and made a part of this Diagram and this Report. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 ConsultingGroup Packet Pg. 493 DISTRICT NO. ' r ~ for the ..ZIP !i'1•CITY OF DIAMOND BAR ms Iry-tit 4,a< 4,1� Ago' w� w' lit ~- � •]'� �� ,. _� .;.� g�.' 1I .I - � . �+� �'' +� 1 1 ,,, ,,�y ,e L �� �:_. 10.. "a� tyiyYVii(wM ,g��'�Fiw.+� —�~�- _ - ,}`,t 1 "i 1! 4, �,.` 1 Qr 1 zip "/r .' 4 rT 4 R 'y lain �..�x�• �"�YP', � t f: ' �.. -a , � '* �h _ r e ry„�` �. i� � �a'+1t, , ' r +�'� ✓ Vis' �° `�rEy „r�,' ��'� ,.• r, „tea,. JI 14 •!�'i4,, P CqLegend i` Alp SLCPES 12 f Rr r vo 4�4 r 7.2.f PAGE 27 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2017-18 SCIConsultingGroup Packet Pg. 495 CITY COUNCIL 8.1 Agenda #: 8.1 Meeting Date: June 20, 2017 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: APPROVAL OF CONTRACT WITH YMCA OF POMONA VALLEY ACQUIRING PARCEL NOS. 8718 005 007 AND 8718 005 008 FOR PUBLIC USE AS A NEIGHBORHOOD PARK AT A PRICE OF $740,000 AND APPROPRIATION OF FUNDS FROM GENERAL FUND RESERVES RECOMMENDATION: Approve and Appropriate funds. FINANCIAL IMPACT: The agreed-upon property purchase price is $727,000, with additional closing costs of up to $8,000 expected. The City is also required to reimburse the YMCA for appraisal costs in the amount of $5,000. In total, it is recommended that $740,000 be appropriated from General Fund reserves to complete the property acquisition. BACKGROUND: The YMCA currently owns approximately 2.83 acres of property (hereafter, the "Property") lying north of the YMCA building across a parking lot at the end of Sunset Crossing Road and west of Big Falls Drive. The Property has been owned by the YMCA since at least 1995, but to City staff's knowledge, never been developed by the YMCA for its or any other purposes. The Property is now marginally maintained as open space. At one point in time it was used by the adjoining PONY/Little League as ball fields, but has not had any significant recreational uses for what City staff estimates to be the last 10 years. The Property is zoned and has a general plan designation for recreational uses. The City is seeking to acquire the Property to develop a neighborhood park to serve the surrounding neighborhood, one that is currently lacking in such facilities. Other than security lighting, no lighting for night time use of the Property is being considered. Based on the City's experience with its neighborhood parks, it is not anticipated that the development of a neighborhood park will generate any significant new traffic trips, noise or other impacts to the surrounding uses. The neighborhood park would be compatible with the recreational uses which lie adjacent to the Property - PONY League fields to the north and the YMCA to the south. The specific amenities for the neighborhood park Packet Pg. 496 will be determined after receiving input from the surrounding neighborhood and other constituencies such as the Parks and Recreation Commission and City Council and subsequent design by a landscape architect. DISCUSSION: In 2015, the City Manager approached YMCA administrators with an offer to purchase the Property. After an extended negotiation process by the City Manager and City Attorney that included the City's adoption of a Resolution of Necessity and filing of an eminent domain action, the YMCA has agreed to a voluntary sale of the property for the amount referenced above. The eminent domain action will be abandoned upon completion of the sale. LEGAL REVIEW: The City Attorney has drafted and approved the attached Contract. PREPARED BY: I FA, Pe-, ' A 1+ I W - 6120/2017 A"A AIF &A 1A9 A Af AAir,07 " 0 a 36 ya cLean 6/1 2120 1 7 Manna oneywell, Finan Director 6/12/2017 Attachments: 1. 8.1.a Final - Sales Contract - YMCA 2. 8.1.b Exhibit A -Grant Deed YMCA Property 3. 8.1.c Exhibit B -PRELIMINARY TITLE REPORT -YMCA 8.1 Packet Pg. 497 Vacant Land — North Side Sunset Crossing Rd.Mest of Big Falls Drive, Diamond Bar, CA 91765 Property Address 8718-005-007 and 008 APNs. 09191566-919-KRC- KRE Title Order No. CONTRACT Escrow No. Young Men's Christian Association of Pomona Valley (a/k/a Young Men's Christian Association of Pomona Valley, Inc.), a California nonprofit public benefit corporation ("Grantor"), owns real property located on the north side of Sunset Crossing Road, West of Big Falls Drive in the County of Los Angeles. The property to be conveyed to the City of Diamond Bar is legally described in Exhibit "A", attached to the form of Grant Deed (Exhibit "1 "), and hereinafter is referred to as the "Property". In consideration the conditions and agreements hereinafter set forth, it is mutually agreed as follows: (A) This agreement sets forth the whole of the parties conditions and obligations with respect to those matters set forth herein ("Agreement"). The performance of this Agreement constitutes the entire consideration and, except as otherwise expressly set forth herein, shall relieve the City of all further obligations or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) The City requires the Property described in Exhibit 1 for park purposes, a public use for which the City has the authority to exercise the power of eminent domain. (C) Both Grantor and the City recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property by eminent domain litigation. The compensation set forth herein for the Property is in compromise and settlement in lieu of such litigation. (D) It is agreed that the City shall open an escrow in accordance with this Agreement at Commonwealth Land Title Insurance Company with its address at 888 S. Figueroa Street, Suite 2100, Los Angeles, CA 90017, Attention: Christopher Raczynski ("Escrow Agent" or "Escrow Holder"). This Agreement constitutes the joint escrow instructions of the City and Grantor. Escrow Agent is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow within forty-five (45) days following the opening of escrow. Escrow shall be deemed open when the Escrow Agent receives a fully executed copy of this Agreement. Escrow Holder shall notify City and Grantor, in writing, of the date Escrow is opened. 2. (A) Prior to close of escrow, Grantor shall deliver to Escrow Holder a fully executed and acknowledged Grant Deed in the form of Exhibit 1. At close of escrow, City shall obtain from Escrow Holder an owner's policy of title insurance for the Property (the "Title Policy") at its sole cost and expense. (B) Prior to the close of escrow, the City shall pay to the Escrow Holder the sum of $727,000 for the Property, plus the cost of Grantor's appraisal for the Property (in the amount of e1of5 1186641.1 1251199.1 8.1.a Packet Pg. 498 $5,000). Upon recordation of the Grant Deed and the Property vesting in the City free and clear of all liens, deeds of trusts, monetary encumbrances, leases (recorded and/or unrecorded), and taxes and assessments, except items A and B in Schedule B - Section B in the Preliminary Report issued by Commonwealth Land Title Company and dated May 30, 2017 (the "Title Report"), which is attached hereto as Exhibit 2, the Escrow Holder shall pay such sum to Grantor. Notwithstanding the foregoing, if Grantor executes and delivers a so-called Gap Indemnity to Escrow Holder, Escrow Holder shall pay such sum to Grantor prior to said recordation, and such sum shall be paid to Grantor upon close of escrow. (C) The City will pay all usual escrow and recording fees incurred in this transaction, including the premium charged for the Title Policy. Due to the City's status as a public agency, no recording fees will be payable (pursuant to Government Code section 27383) and no documentary transfer tax will be payable (pursuant to Revenue & Taxation Code section 11922). (D) The City shall have the authority to deduct and pay from the amount shown on Clause 2(B) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non -delinquent assessments which have become a lien against the Property at the close of escrow. (E) Notwithstanding anything to the contrary, there shall be no proration of real property taxes. 3. FULL AND COMPLETE SETTLEMENT; "AS IS". Grantor hereby acknowledges that it is the sole and lawful owner of the Property and the compensation paid to Grantor through this Agreement constitutes the full and complete settlement of any and all claims against the City and its respective predecessors, successors and assigns, employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies and assigns ("Releasees") by reason of the acquisition of the Property, including, but not limited to, any and all rights or claims that Grantor had, currently has or may in the future have under Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or regulation, except as provided herein. Grantor, on behalf of itself and its successors and assigns, further knowingly and voluntarily waives and expressly releases and discharges Releasees from liability in regard to any claims for the following: pre -condemnation damages, inverse condemnation, lost business, goodwill, lost profits, lost rents, severance damages, mitigation damages, compensation for the construction and use of the Property in the manner proposed, damage to or loss of improvements pertaining to the realty, machinery, fixtures, inventory, equipment and/or personal property, interest, any right to repurchase, leaseback, or receive any financial gain from, the sale of any portion of the Property, any right to challenge the adoption of a resolution of necessity, any right to receive any notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any obligation pursuant to the Eminent Domain Law, any other rights conferred upon Grantor pursuant to the Eminent Domain Law, and claims for litigation expenses, attorney's fees, statutory interest and/or costs in connection with the foregoing. CITY REPRESENTS AND WARRANTS TO GRANTOR THAT CITY'S PURCHASE OF THE PROPERTY HEREUNDER WILL BE "AS IS, WHERE IS, WITH ALL FAULTS" AND CITY WILL BE CONCLUDING THE PURCHASE OF THE PROPERTY BASED SOLELY ON ITS AND ITS CONSULTANTS' AND ADVISORS' INSPECTION AND INVESTIGATION OF THE e2of5 1186641.1 1251199.1 8.1.a Packet Pg. 499 PROPERTY. WITHOUT LIMITING THE FOREGOING, CITY ACKNOWLEDGES THAT, EXCEPT FOR THE GRANTOR'S REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, GRANTOR HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES ON WHICH CITY IS RELYING AS TO ANY MATTERS CONCERNING THE PROPERTY (INCLUDING, WITHOUT LIMITATION, THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY, TITLE, ZONING, DEVELOPMENT RIGHTS AND PERMISSIBLE USES, EFFECT OF APPLICABLE LAWS, ACCESS TO UTILITIES, TRANSPORTATION AND OTHER SERVICES, TAXES AND ASSESSMENTS, INSURABILITY, WATER OR WATER RIGHTS, TOPOGRAPHY, SOIL AND SUBSOIL CONDITIONS, DRAINAGE, MARKET CONDITIONS, THE PRIOR USE OR OPERATION OF THE PROPERTY, OR THE CONDITION, USES AND PROSPECTIVE OR POTENTIAL DEVELOPMENT OF SURROUNDING PROPERTIES. As a material part of the consideration to Grantor for the sale of the Property, City, on behalf of itself and its successors and assigns, knowingly and voluntarily waives and expressly releases and discharges Grantor and its respective predecessors, successors and assigns, employees, agents, officers, servants, representatives, contractors, attorneys, partners and assigns ("Grantor Releasees") from any and all liability and claims that are based directly or indirectly on, arise from or in connection with, or are related to: (a) any defect, inaccuracy or inadequacy in title of the Property, the legal description of the Property, or covenants, restrictions, encumbrances or encroachments which affect the Property, (b) any other past, present or future fact, event or condition relating to the Property, including, without limitation, the presence of hazardous substances, wastes or materials at the property, or (c) any and all statements, representations, warranties, determinations, conclusions, assessments, assertions or any other information contained in any records, documents or other information furnished to City or any misrepresentation or failure to disclose information relating to the Property, excluding from such waiver and release only claims against Grantor based on Grantor's fraud or breach of its representations and warranties expressly set forth in this Agreement. 4. The parties intend that this Agreement will result in a full, complete and final resolution and settlement of any and all claims, causes of action or disputes which exist, or may exist, between them as to the acquisition, possession and/or use of the Property, except as expressly provided herein. It is therefore understood that the waiver, under this Agreement, of any rights, damages, compensation or benefits to which Grantor or City is, or may be, entitled is intended to be full and complete. Accordingly, except as provided herein, upon and subject to the Close of Escrow: (A) Pursuant to the releases set forth in this Agreement, each of Grantor and City specifically waives the provision of section 1542 of the Civil Code of the State of California which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." (B) Each of Grantor and City represents and warrants that it understands the effect of this waiver of section 1542 and has had the opportunity to discuss the effect of this waiver with counsel of its choice. e3of5 1186641.1 1251199.1 8.1.a Packet Pg. 500 8.1.8 5. Any monies payable under this Agreement up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said deed(s) of trust or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 6. Grantor represents and warrants that it is the fee simple owner of the Property and that it has the right to convey the Property. 7. Grantor represents and warrants that there are no oral or written leases on all or any portion of the Property. 8. Any notice either party may or is required to give the other shall be in writing, and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses: To Grantor: Young Men's Christian Association of Pomona Valley, a California corporation Attn: Carolyn Hemming 1460 E. Holt Avenue, Suite 196 Pomona, CA 91767 With a copy to: YMCA of Orange County Attn: Jeff McBride 13821 Newport Avenue, Suite 200 Tustin, CA 92780 To the City: Ryan McLean I Assistant City Manager City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 9. It is understood and agreed by and between the parties that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, successors, and/or assignees. 10. Grantor represents and warrants that, to Grantor's knowledge, during the period of Grantor's ownership of the Property, there have been no known disposals or releases of hazardous substances or hazardous wastes on, from, or under the Property. Grantor further represents and warrants that Grantor has no knowledge of any disposal or release of hazardous substances or hazardous wastes on, from, or under the Property which may have occurred prior to Grantor taking title to the Property. As used in this Agreement, "Grantor's actual knowledge" Page 4 of 5 1186641.1 Packet Pg. 501 1251199.1 and other and similar phrases relating to the knowledge of Grantor mean the actual knowledge of Carolyn Hemming without duty of inquiry or investigation. 11. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby. 12. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 13. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of this Agreement. 14. This Agreement may be executed in counterparts, including by facsimile and/or electronic transmission (i.e., email), each of which so executed counterpart shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 15. This Agreement is subject to approval by the City's City Council. In witness whereof, the parties have executed this Agreement on the day and year set forth below. GRANTOR Young Men's Christian Association of Pomona Valley, a California nonprofit public benefit corporation in Its: DATE in Its: DATE The City of Diamond Bar AM Jimmy Lin, Mayor 1186641.1 1251199.1 Attest: DATE Tommye Cribbins, City Clerk e5of5 8.1.a Packet Pg. 502 APPROVED AS TO FORM: A, - David David DeBerry City Attorney 1186641.1 1251199.1 DATE e6of5 8.1.a Packet Pg. 503 8.1.a Exhibit "1" Grant Deed (attached) 1186641.1 Packet Pg. 504 1251199.1 8.1.a Exhibit "2" Title Report (attached) 1186641.1 Packet Pg. 505 1251199.1 8.1.b APNs: 8718-005-007 and 008 WHEN RECORDED MAIL TO: CITY OF DIAMOND BAR 21810 Copley Drive Diamond Bar, CA 91765 Attn: Ryan McLean, Assistant City Manager Exempt from recording fee per The Above Space For Recorder's Use Only Government Code §§ 6103 and 27383 Exempt from Documentary Transfer Tax pursuant to Revenue and Taxation Code § 11922 ["NT—lel a 17_D1 D7 FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, Young Mens Christian Association of Pomona Valley, Inc., a California corporation ("Grantor"), hereby grants to the CITY OF DIAMOND BAR, a municipal corporation ("Grantee"), all that real property situated in the County of Los Angeles, State of California, described as follows: PER LEGAL DESCRIPTION SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Executed this of , 2017. Grantor: Young Mens Christian Association of Pomona Valley, Inc., a California corporation By: Name: Title: 1181625.1 1 Packet Pg. 506 CERTIFICATE OF ACCEPTANCE Pursuant to California Government Code section 27281, this is to certify that the interest in real property conveyed by the attached Grant Deed dated , 2017, from Young Mens Christian Association of Pomona Valley, Inc., a California corporation, is hereby accepted by the undersigned officer on behalf of the City of Diamond Bar ("Grantee") pursuant to authority conferred by the City Council of the City of Diamond Bar ("City Council") on , 2017 and the City Council consents to the recording thereof by its duly authorized officer. Grantee: By: City Manager 8.1.b 1181625.1 1 Packet Pg. 507 ACKNOWLEDGMENT 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 ORANGE ) On , 2017, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 8.1.b 1181625.1 1 Packet Pg. 508 Commonwealths LAND TITLE COMPANY Commonwealth Land Title Company 888 S. Figueroa St Suite 2100 Los Angeles, CA 90017 Phone: (800) 432-0706 City of Diamond Bar Our File No: 08014075 21810 Copley Drive Title Officer: Kathy Religioso Diamond Bar, CA 91765 e-mail: Unit9@cltic.com Phone: (213) 330-3060 Attn: Home Improvement Fax: (213) 330-3105 Your Reference No: Property Address: vacant land, Diamond Bar, California PRELIMINARY REPORT (V4) Dated as of May 30, 2017 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. CLTA Preliminary Report Form - Modified (11-17-06) Page 1 8.1.c Packet Pg. 509 File No: 08014075 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Standard Owners Policy (6-17-06) ALTA Extended Loan Policy (6-17-06) The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Young Mens Christian Association of Pomona Valley, Inc., a California corporation The land referred to herein is situated in the County of Los Angeles, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form - Modified (11-17-06) Page 2 8.1.c Packet Pg. 510 File No: 08014075 EXHIBIT '"A" All that certain real property situated in the County of Los Angeles, State of California, described as follows: Parcel 2 of Parcel Map No. 12778, in the City of Diamond Bar, County of Los Angeles, State of California, as per map filed in Book 156, Pages 98, 99 and 100 of Parcel Maps, in the Office of the County Recorder of said County. Except therefrom all oil, gas and other hydrocarbons and minerals now or at any time hereafter situated therein and thereunder, together with the exclusive right to drill for, produce, extract, take and mine therefrom such oil, gas and other hydrocarbons and minerals, and to store the same upon the surface of said land, or below the surface of said land, together with the right to store upon the surface of said land, oil, gas and other hydrocarbons and minerals which may be produced from other lands, with the right of entry thereon for said purposes, and with the right to construct, use, maintain, erect, repair, replace and remove thereon and therefrom all pipe lines, telephone and telegraph lines, tanks, machinery, buildings and other structures, which may be necessary and requisite to carry on operations on said lands, with the further right to erect, maintain, operate and remove a plant, with all necessary appurtenances for the extraction of gasoline from gas, including all rights necessary or convenient thereto, as excepted and reserved in the deed from Transamerica Development Company, a California corporation, recorded March 29, 1968, as Instrument No. 2456 in Book D3955, Page 185, Official Records, and re-recorded June 19, 1969, as Instrument No. 1776, in Book D4407, Page 591, Official Records. All easements and rights-of-way, and other rights to the use and occupancy of the surface of the above described land were quitclaimed in deed recorded November 18, 1982 as Instrument No. 82-1160640, Official Records. Assessor's Parcel Number: 8718-005-007 & 008 CLTA Preliminary Report Form - Modified (11-17-06) Page 3 8.1.c Packet Pg. 511 File No: 08014075 SCHEDULE B - Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor of material not shown by the Public Records. CLTA Preliminary Report Form - Modified (11-17-06) Page 4 8.1.c Packet Pg. 512 File No: 08014075 SCHEDULE B - Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2017-2018. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: to remove any improvements, trees, shrubs and other growth thereon, unless otherwise herein provided, and at any time and from time to time to locate, relocate, construct, reconstruct, maintain, operate, renew, enlarge, remove and replace a line or lines of pipe of whatever nature, value and meter structures, services and/or connections, with all and every appendages, structures and equipment necessary or convenient to be installed or used by grantee at any time and from time to time in connection with any of the aforementioned facilities, for water transportation and for the uses and purposes of the grantee and its assigns Recording Date: July 9, 1957 Recording No: as Instrument No. 3092, in Book 55003, Page 54, Official Records Affects: As described therein. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Sanitary sewer Recording Date: December 19, 1958 Recording No: as Instrument No. 4077, in Book D311, Page 149, Official Records Affects: That portion of said land as more particularly described therein. Said easement is also shown on the map of said Parcel Map. An instrument to modify the terms and provisions of said easement as therein provided, recorded March 30, 1959, as Instrument No. 3986, in Book D414, Page 983, Official Records. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Utilities Recording Date: November 18, 1959 Recording No: as Instrument No. 3483, in Book D667, Page 935, Official Records Affects: As described therein. CLTA Preliminary Report Form - Modified (11-17-06) Page 5 8.1.c Packet Pg. 513 File No: 08014075 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Gas pipes, mains, metering, regulating and other appurtenances for the purpose of conveying gas for heat, light and power or other purposes Recording Date: November 18, 1959 Recording No: as Instrument No. 4395, in Book D668, Page 139, Official Records Affects: As described therein. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Poles, cables, crossarms, wires, anchors, guys, braces, underground conduits, manholes, and appurtenances, for the transmission of electric energy for communication and other purposes Recording Date: May 31, 1960 Recording No: as Instrument No. 3322, in Book D799, Page 290, Official Records Affects: As described therein. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Sewer Recording Date: August 11, 1970 Recording No: as Instrument No. 2811, in Book D4798, Page 932, Official Records Affects: As described therein. 8. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: October 23, 1970 Recording No: as Instrument No. 1878, Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 9. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: November 18, 1970 Recording No: as Instrument No. 1301, Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 10. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: November 18, 1970 Recording No: as Instrument No. 1302, Official Records CLTA Preliminary Report Form - Modified (11-17-06) Page 6 8.1.c Packet Pg. 514 File No: 08014075 Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 11. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: May 21, 1973 Recording No: as Instrument No. 1467, Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 12. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Water lines Recording Date: March 20, 1974 Recording No: as Instrument No. 2049, Official Records Affects: As described therein. 13. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: July 31, 1981 Recording No: as Instrument No. 81-768771, Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Parcel Map No. 12778 Filed: In Book 156, Pages 98, 99 and 100 of Parcel Maps Purpose: Flood control Affects: That portion of said land as shown on the map of said Parcel Maps. 15. Recitals as shown on that certain map/plat Map/Plat: Parcel Map No. 12778 Filed: In Book 156, Pages 98, 99 and 100 of Parcel Maps Which among other things recites: Granted to the County of Los Angeles the right to restrict direct vehicular ingress and egress to Sunset Cross Road. The effect of a Quitclaim Deed, dated November 22, 1983, executed by the County of Los Angeles, a body corporate and politic to the Los Angeles County Flood Control District, a body corporate and politic, upon the terms and conditions contained therein, recorded November 28, 1983, as Instrument No. 83-1398887, Official Records. CLTA Preliminary Report Form - Modified (11-17-06) Page 7 8.1.c Packet Pg. 515 File No: 08014075 Reference is hereby made to said document for full particulars. 16. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Completing improvements on the property required by the County of Los Angeles Recording Date: December 13, 1982 Recording No: as Instrument No. 82-1238135, Official Records Affects: Said land 17. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Ingress, egress and parking Recording Date: December 13, 1982 Recording No: as Instrument No. 82-1238135, Official Records Affects: Said land 18. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 19. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 20. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 21. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 22. A pending court action as disclosed by a recorded notice: Plaintiff: City of Diamond Bar, a Municipal corporation Defendant: Young Mens Christian Association of Pomona Valley, Inc., a California corporation; The Diamond Bar Development Corporation, a California Corporation; Diamond Bar -Walnut Branch of the Young Men's Christian Association of Pomona, INC.; and Does 1 through 100, inclusive, and ALL PERSONS UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY County: Los Angeles Court: Superior Court for the State of California Case No.: Not shown Nature of Action: Eminent Domain Recording Date: May 24, 2017 Recording No: 20170574600 of Official Records END OF SCHEDULE B EXCEPTIONS CLTA Preliminary Report Form - Modified (11-17-06) Page 8 8.1.c Packet Pg. 516 File No: 08014075 PLEASE REFER TO THE -NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form - Modified (11-17-06) Page 9 8.1.c Packet Pg. 517 File No: 08014075 REQUIREMENTS SECTION: REQ NO. 1 In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): all parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. REQ NO.2: The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: Young Mens Christian Association of Pomona Valley, Inc., a California Corporation a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein C) If the Articles and/or By-laws require approval by a 'parent' organization, a copy of the Articles and By-laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. REQ NO. 3 Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/ Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. CLTA Preliminary Report Form - Modified (11-17-06) Page 10 8.1.c Packet Pg. 518 File No: 08014075 INFORMATIONAL NOTES SECTION NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 2: For wiring Instructions please contact your Title Officer or Title Company Escrow officer. NOTE NO. 3: Intentionally deleted. NOTE NO. 4: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. C) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). NOTE NO. 5: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. NOTE NO. 6: Intentionally deleted. NOTE NO. 7: Intentionally deleted. NOTE NO. 8: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: Affects: 8718-005-007 2016-2017 $93.74 $93.73 none 10024 A portion of the Land described herein. 8.1.c CLTA Preliminary Report Form - Modified (11-17-06) Page 11 Packet Pg. 519 File No: 08014075 NOTE NO. 9: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: Affects: 8718-005-008 2016-2017 $132.81 $132.81 none 10026 A portion of the Land described herein. Typist: nb0 Date Typed: March 17, 2015; August 8, 2016; May 5, 2017 CLTA Preliminary Report Form - Modified (11-17-06) Page 12 8.1.c Packet Pg. 520 8.1.c Attachment One (Revised 06-05-14) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE—SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; C. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Page 13 Packet Pg. 521 8.1.c File No: 08014075 b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00% of Policy Amount Shown in Schedule A or $2,500.00 Covered Risk 16: (whichever is less) $ 10,000.00 1.00% of Policy Amount Shown in Schedule A or $5,000.00 Covered Risk 18: (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or $5,000.00 Covered Risk 19: (whichever is less) $25,000.00 1.00% of Policy Amount Shown in Schedule A or $2,500.00 Covered Risk 21: (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Page 14 Packet Pg. 522 8.1.c File No: 08014075 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE Except as provided in Schedule B - Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: PART I The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Page 15 Packet Pg. 523 8.1.c File No: 08014075 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. Variable exceptions such as taxes, easements, CC&R's, etc. shown here. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth -in -lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Page 16 Packet Pg. 524 8.1.c File No. 08014075 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one - to -four family residential dwelling. FNF Underwritten Title Company LTC - Lawyers Title Company Available Discounts FNF Underwriter CLTIC - Commonwealth Land Title Insurance Co. DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discounts Mod. 10/21/2011 Page 17 Packet Pg. 525 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate- and loan -related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. The provision of this Privacy Notice to you does not create any express or implied relationship, or create any express or implied duty or other obligation, between Fidelity National Financial, Inc. and you. See also No Representations or Warranties below. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. How Information is Collected The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: • Applications or other forms we receive from you or your authorized representative; • Information we receive from you through the Website; • Information about your transactions with or services performed by us, our affiliates, or others; and • From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re -sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and 8.1.c other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third -party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non -personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non -personalized information about your online usage activity. You can opt -out of certain online behavioral services through any one of the ways described below. After you opt -out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt -out via the Network Advertising Initiative industry opt -out at http://www.networkadvertising.org. • You can opt -out via the Consumer Choice Page at hLtp://www.aboutads.info. • For those in the U.K., you can opt -out via the IAB UK's industry opt -out at http://www.youronlinechoices.com. • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt -out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt -out again. Use of Personal Information Information collected by FNF is used for three main purposes: • To provide products and services to you or one or more third party service providers (collectively, "Third Parties") who are obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services that we perform for you or for Third Parties. Packet Pg. 526 File No: 08014075 To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third -party contractors or service providers who provide services or perform marketing services or other functions on our behalf, • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good -faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non - Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry -standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non - Personal Information to take precautions against liability, investigate and defend against any third -party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the 8.1.c use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be Information From Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children — or others — in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non -Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices With Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of Packet Pg. 527 File No: 08014075 the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you cannot opt -out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2015 will receive information regarding 2014 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. 8.1.c No Representations or Warranties By providing this Privacy Notice, Fidelity National Financial, Inc. does not make any representations or warranties whatsoever concerning any products or services provided to you by its majority-owned subsidiaries. In addition, you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Fidelity National Financial, Inc. and/or the Website are provided "as is" and "as available" for your use, without representations or warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Fidelity National Financial, Inc. makes no representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are or will remain uninterrupted or error -free, that defects will be corrected, or that the web pages on or accessed through the Website, or the servers used in connection with the Website, are or will remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Fidelity National Financial, Inc. and your exclusive remedy with respect to the use of any product or service provided by Fidelity National Financial, Inc. including on or accessed through the Website, will be the re -performance of such service found to be inadequate. Your Consent To This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888)934-3354 privacy@fnf.com Copyright © 2015. Fidelity National Financial, Inc. All Rights Reserved. PRIVACY NOTICE EFFECTIVE AS OF: JANUARY 6, 2015 Packet Pg. 528 H O i \ \ / / -- i i r ) ---rte a� i z�iJu 8.1.c This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon. Packet Pg. 529 K Z; LU CL of W a z N H- x Z LI � � N 1 a H O i \ \ / / -- i i r ) ---rte a� i z�iJu 8.1.c This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon. Packet Pg. 529 8.1.c OWNER'S DECLARATION The undersigned hereby declares as follows: (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 08014075-919-KRC-Q60 for full legal description (the "Land"). Declarant is the of ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 08014075-919-KRC-Q60 for full legal description (the "Land"). (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Commonwealth Land Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above -referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5. The Land is currently in use as ; occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Commonwealth Land Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at Signature: MISCO220.doc — Owner's Declaration (Rev. 02/03/14) Packet Pg. 530 I UVIOND BAR i ------ VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM - ADDRESS: ORGANIZATION: AGENDA#/SU BJ ECT: CITY CLERK (Optio DATE: -6 11 (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. l � -, ",z" .�- A Signature This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: tQ e.\ e-ev) t�]15 5!�jj DATE: 2)9 I f = - ADDRESS: 1 :7-2. tU /?c; c4x- j2tvv_-� PHONE: gocl Lj c,- 2, 5 (Optional) (Optional) ORGANIZATION: r AGENDA#/S U BJ ECT: I expect to address the Council on the subject agenda/subject item. Please have the Cou reflect my name and address_as written above. ` Signature This document is a public record subject to disclosure under the Public Records Act. H owe, ( 4 rk-04 MinuM.0iV\_1