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HomeMy WebLinkAbout07/31/2006 - Adjourned MeetingTRES HERMANOS CONSERVATION AUTHORITY /I/v2zcr_ BOARD OF DIRECTORS MEETING Adjourned Regular Meeting July 31, 2006 5:30 p.m. CHINO HILLS CITY HALL COUNCIL CHAMBERS 2001 GRAND AVENUE CHINO HILLS, CALIFORNIA MEMBERS: GWENN NORTON -PERRY, CHAIRMAN, Chino Hills 90110 k7len)"', BOB ZIRBES, VICE-CHAIRMAN, Diamond Bar C 5P �o CAROL HERRERA, Diamond Bar else CURT HAGMAN, Chino Hills STEVE TYE, ALTERNATE, Diamond Bar ED GRAHAM, ALTERNATE, Chino Hills DAVE PEREZ, EX -OFFICIO, City of Industry JIM DESTEFANO, Diamond Bar DOUGLAS N. La BELLE, Chino Hills DEBORAH FOX, Legal Counsel 33 {�mw 1. CALL TO ORDER: 5:30 p.m., Council Chambers, Chino Hills City Hall, 2001 Grand Ave., Chino Hills, CA PLEDGE OF ALLEGIANCE: Chairman Norton -Perry ROLL CALL: 2. 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 Authority on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Authority values your comments, pursuant to the Brown Act, the Authority generally cannot take any action on items not listed on the posted agenda. There is a five minute maximum time limit when addressing the Authority. 6 ) � 6 : �-61� 3. CONSENT CALENDAR: z) qJ A0tjYArg4 3.1 Minutes of Special Meeting of June 26, 2006 — Approve as submitted. 4. PUBLIC HEARINGS: None. { L, r ✓ 5. OLD BUSINESS: 5.1 Approval of Proposed By -Law Amendments. Recommended Action: Approve. ,/".4 /4 � � JUNE 26. 2006 PAGE 2 THCA 5.2 Discussion Request for Proposals for Tres Hermanos Consulting Services. Recommended Action: Direct Staff as necessary. 6. NEW BUSINESS: None 7. AUTHORITY MEMBER COMMENTS: f hN 8. ADJOURNMENT: l Agenda No. 3.1 TRES HERMANOS CONSERVATION AUTHORITY BOARD OF DIRECTORS MEETING MINUTES OF JUNE 26, 2006 DRAFT 1. CALL TO ORDER: Chairman Norton -Perry called the Tres Hermanos Conservation Authority Board of Directors meeting to order at 5:30 p.m. in the Chino Hills City Hall Council Chambers, 2001 Grand Avenue, Chino Hills, CA. ROLL CALL: Gwenn Norton -Perry, Chairman (CH); Bob Zirbes, Vice Chairman (D.B.); Carol Herrera (D.B.); Curt Hagman, (CH). Also present were: James DeStefano (CH); Deborah Fox, Legal Counsel. PLEDGE OF ALLEGIANCE: Chairman Norton -Perry led the Pledge of Allegiance. 2, PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR: VC/Zirbes moved, M/Hagman seconded, to approve the Consent Calendar. Without objection, the motion was so ordered. 3.1 APPROVED MINUTES OF AUGUST 1, 2005 —As presented. 3.2 RECEIVED AND FILED TREASURER'S STATEMENTS FROM JUNE 2005 THROUGH APRIL 2006. 4. OLD BUSINESS: 4.1 DISCUSSION OF PROPOSED BYLAW AMENDMENTS Jim DeStefano reported that in February 2004 the Board talked about changing the bylaws to clean up the housekeeping responsibilities between the two member cities to wit: The Board Chairperson is from Chino Hills and the City of Diamond Bar is the permanent Secretary to the Authority and the City of Chino Hills is the permanent Treasurer to the Authority. In addition, when one City serves as the Chair and Executive Director, the other City will serve as the Deputy Executive Director. Without objection, the Board unanimously concurred to direct staff to prepare the amended draft bylaws as proposed by staff and place the matter on the next meeting agenda for approval. JUNE 26, 2006 PAGE 2 THCA 5. 7 NEW BUSINESS: 5.1 REVIEW AND APPROVAL OF FISCAL YEAR 2006/07 AND 2007/08 AUTHORITY BUDGET. Jim DeStefano stated that the proposed Authority Budget for the next two fiscal years has a projected funding source of $83,600 and expenditures of $58,500 if the Authority pursues the land use study (legal fees, auditing services, etc.) leaving an anticipated fund balance on June 30, 2008 of $25,100. Staff requests that the Authority review and adopt the proposed budget. VC/Zirbes asked Mr. DeStefano to offer a proposal to the Authority for determining the acceptable uses for both communities (review and research) and the timeline for implementing a plan and, give the Authority an opportunity to discuss the details before a contract for consultant services is let for bid. Chair/Norton-Perry concurred and said she wanted to keep the $40,000 land use study item in the budget. VC/Zirbes moved, C/Hagman seconded to adopt the Authority Budget as recommended by staff with direction for staff to prepare a land use bid proposal for discussion and adoption by the Authority. Without objection, the motion was so ordered. AUTHORITY MEMBER COMMENTS: None Offered. Member Herrera said it was good to see everyone. There was discussion about new cell sites in both cities. Chair/Norton-Perry asked that the City of Industry again be placed on the Authority's distribution list and that they be notified regarding future Board meetings. ADJOURNMENT: There being no further business to conduct, Chairman Norton -Perry adjourned the meeting at 6:10 p.m. to July 31, 2006. DOUGLAS N. LA BELLE, Authority Secretary JUNE 26, 2006 PAGE 3 THCA ATTEST: GWEN NORTON -PERRY, Chairman Agenda No. 5.1 TRES HERMANOS CONSERVATION AUTHORITY STAFF REPORT Date: July 31, 2006 To: Chairman and Members of the Tres Hermanos Conservation Authority From: Executive. Director Subject: Adoption of Proposed By -Laws Amendments Recommendation: That the Authority adopt the proposed by-laws amendments. Background/Analysis: At the February 25, 2004 and June 26, 2006 meetings, amendments to the Authority's By -Laws were discussed. Various issues such as having certain duties being perma- nently assigned to one or the other city, having the Executive Director and the Chairman being from the same city, and having a Deputy Executive Director were discussed. Al- though we have been operating under the revised by-laws, they have never been for- mally approved. Staff is requesting that this item be considered and the proposed changes be adopted. Recommended by: Douglas N. LaBelle, Executive Director Attachment Respectfully Submitted by: James DeStefano, Secretary TRES HERMANOS CONSERVATION AUTHORITY BY-LAWS T In accordance with Article I, Subsection (8) of the Tres Hermanos Conservation Authority Joint Exercise of Powers Agreement, the Board may adopt by-laws, rules and regulations for the conduct of its meetings or as are necessary for the purposes hereof. The following by-laws are hereby established pursuant to Article I, Subsection (8). ARTICLE 1. DEFINITIONS: A. ELECTED OFFICERS 1. The Board shall elect from among the Board members the following officers: a. Chairman. The Director elected by the Board to service as chief officer of the Authority. The Chairman shall preside over the Board and conduct all meetings of the Board. The Chairman shall execute all contracts, deeds, warrants, and other official documents on behalf of the Authority as authorized by the Board. b. Vice Chairman. The elected officer who in the absence or inability of the Chairman to act shall act in the Chairman's capacity. 2. At no time shall the Chairman and Vice -Chairman be from the same Participating Agency. The Chairmanship shall rotate between Directors representing City of Chino Hills and the City of Diamond Bar. 3. Those elected to the position of Chairman, and Vice Chairman, at the Initial Meeting shall serve until the Annual Meeting of odd -numbered years. The term to be served by the Chairman and Vice -Chairman shall be for two years. The Annual Meeting shall be held at the regular March meeting, of each year. Subsequent terms, Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 beginning July 1, for the Chairman and Vice Chairman shall run for two (2) years, with elections held at the Annual Meeting of odd -numbered years. B. APPOINTED OFFICERS. The Board shall appoint the following officers: 1. Executive Director. The City Manager of the City of Diamond Bar, shall i�llp serve as the Executive Director and shall exercise the duties described in Article 5. 2. Deputy Executive Director. The City Manager of the City of Chino Hills shall serve as the Deputy Executive Director and, in the absence of the Executive Director, shall exercise the duties described in Article 5. 43. Secretary. The City Clerk of the City of Diamond Bar, or his her designee, shall serve as Secretary. The Secretary shall take and hold minutes of the meeting, attest to contracts and other documents, record documents as necessary, keep and maintain records, and perform such other and further administrative, documentation, and related functions. 44. Treasurer/Auditor. The Finance Director of the City of Chino Hills or &Q4 her designee, shall serve as Treasurer. �. The person serving as Treasurer ; shall also perform the functions of auditor as required by Government Code Section ev 6505.6. 45. General Counsel. The member of the California State Bar appointed by the Board shall serve as the legal advisor to the Authority. 2 Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 C. VACANCIES. In the event of a vacancy of a Director, the vacancy on the Board shall be filled, by the affected Participating Agency. The affected Participating Agency may appoint an interim replacement Director until the new Director is seated. In the event a vacancy, as referenced herein, is filled by the Alternate Board Member, the affected City Council shall appoint a permanent Alternate to complete the term of the Member. ARTICLE 2. POWERS OF THE BOARD OF DIRECTORS A. APPROVAL OF OPERATING BUDGET. At the first meeting following the Organizational Meeting and at the Annual Meeting, the Board shall review and approve a Two -Year Annual Operating Budget, for the period of July lsr of the first year through June 30th of the second year. The Board may, from time to time, modify the Authority's budget. B. REVIEW FUND ACCOUNTINGS. The Board shall receive and review, at least quarterly, accountings of all funds received and disbursed pursuant to this Agreement. C. POWER TO CONDUCT MEETINGS. The Board shall have the power to conduct on behalf of the Authority all business of the Authority including that assigned to the Executive Director. The Board may review, modify, and override all decisions and acts of the Executive Director. D. AUTHORITY PROCEDURES. The Board may after adoption, by resolution, of the By -Laws; and from time to time, thereafter, amend the bylaws for the Authority. The Board may establish, and may thereafter from time to time amend, such other policies, rules, regulations, and procedures to govern its operations as it deems Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 appropriate. The Board may adopt by reference the rules and regulations of any Participating Agency. E. AUTHORITY AUDIT. The Board shall arrange and provide for an annual audit of the accounts and records of the Authority by an Auditor. Copies of such audit shall be distributed to the Members within one hundred twenty (120) days following the close of the audit period. F. EMPLOYEES; CONTRACTORS. The Board shall have the power to authorize the employment of persons on a full time or part time basis, and to establish the terms and conditions of employment, as necessary to carry out the purposes of the Authority. The Board shall also have the authority to contract for professional, legal, administrative, technical, and other services to be provided to the Authority. G. EXECUTION OF CONTRACTS, DEEDS AND OTHER DOCUMENTS. Upon approval by the Board, all contracts, deeds, warrants and other official documents on behalf of the Authority shall be executed by the Chairman or the Executive Director, and attested to by the Secretary and approved as to form by the General Counsel, ARTICLE 3. MEETINGS OF THE BOARD OF DIRECTORS A. MEETINGS. The Board shall meet monthly; or, more frequently as the Board may determine. All meetings shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (Gov. Code §54950 et sem.). All meetings shall be held in the Offices of the City of the Chairman of the Tres Hermanos Conservation Authority, or such other place as the Board may determine. 4 Tres Henmanos JPA By -Laws 5/17/99 Revised 8/9/99 Res, 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 B. SPECIAL MEETINGS. A special meeting may be called by the Chairman or by the vote of three (3) members of the Board. All such meetings shall be called, noticed, held and conducted in accordance with the Brown Act. C. QUORUM. A quorum of the Board shall consist of three (3) of the Members (or their alternates) (fifty percent (50%) plus one (1)). A vote by a majority of those present at a meeting shall be sufficient to constitute action by the Board, unless otherwise specified herein or in an applicable bylaw, rule, regulation, or procedure established by the Board. D. MINUTES. The Secretary of the Board shall cause minutes of regular, adjourned regular, and special meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Member. E. MEETING AGENDA. An agenda of the meeting shall be prepared and posted pursuant to the Brown Act. F. CONDUCT OF MEETINGS. The Chairman, or in the absence of the Chairman the Vice -Chairman, shall conduct the meetings. Meeting shall be conducted in the spirit of "Robert's Rules of Order"; unless otherwise provided by any rule, regulation or bylaw of the Board. G. APPEAL OF DECISION OF ACTIONS. Any Member may appeal to the full Board any decision or action -taken by the Executive Director, for a full discussion of the decision or action taken, by making a written request to the Executive Director that the Board review the decision or action taken. The decision or action shall be suspended pending such Board review. If time is of the essence in respect to the decision or action taken, the Chairman of the Board shall call for a Special Board meeting as soon as practical to conduct such review. Tres Hernnanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 H. VOTE REQUIRED. Unless otherwise provided for in these by-laws, rules, regulations, or procedures adopted by the Board, a majority vote of the Members present and voting shall be sufficient to approve Board actions. Notwithstanding subsection 1 of this Section H, the following decisions shall require a Majority Vote: a. Adoption and thereafter any amendment of the budget. b. Proposing an amendment to the By -Laws. C. Approving any expenditure or contract in excess of $50,000. d. Approving any change in the assessment formula. e. Any other matter, which the Board determines, by resolution, should be included in this Section. ARTICLE 4. ASSESSMENTS. A. ANNUAL BUDGET. The Executive Director shall direct the preparation of an Authority's Operating Budget to be approved by the Board at the Annual Meeting. The approval of the Budget shall require a Concurrent Majority Vote. B. AUTHORITY TO ASSESS MEMBERS. To pay its necessary and proper expenses, the Authority may levy an assessment against its members. The assessment shall be sufficient to pay all expenses of the Authority, as set forth in the Budget, which will not be timely offset by other anticipated revenues of the Authority. C. TIME FOR PAYMENT. The Assessment shall be paid annually, or on such other frequency as the Board may determine. D. FORMULA FOR ASSESSMENT. The allocation of the Assessment to the Participating Agencies shall be on an equal basis between the member agencies. The Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 allocation formula may be modified to some other basis, such as land value, revenue generated, or other, by a Resolution approved by a Concurrent Majority Vote. ARTICLE 5 DUTIES OF ADMINISTRATIVE STAFF A. GENERAL DUTIES. The Executive Director shall have general authority to administer the Authority under the direction and control of the Board. The Executive Director shall have the authority to hire, manage, discipline, and terminate all employees for such positions as may be authorized by the Board, and administer all consulting and other contracts when approved by the Board. The Executive Director shall recommend the budget and annual assessments to the Board. The general duties shall include such other duties as specified in any bylaws, rules, regulations, or procedures adopted by the Board. The duties of the Executive Director may be delegated by the Executive Director to the Deputy Executive Director or subordinate employees or performed through contractual services. ARTICLE 6 APPOINTMENT OF TREASURER: FINANCES: DUTIES A. PURCHASING. The Treasurer shall recommend to the Board appropriate rules and regulations for the purchasing of supplies, services, and equipment, and shall thereafter undertake all such activity in accordance with the rules and regulations so adopted. B. FUNDS AND ACCOUNTS. The Treasurer of the Authority shall establish and maintain such funds and accounts as may be required by good accounting practice or by the Board. The Treasurer shall have the custody of and disburse the Authority's funds, and shall have the authority to delegate the signatory function of the Treasurer to such persons as authorized by the Board. Any wser 7 Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 invoices over Five Hundred Dollars ($500) shall require approval by both jurisdictions prior to payment. C. BOND REQUIREMENT. A bond paid by the Authority, in the amount determined by the Board to be adequate, shall be required of all officers and personnel authorized to disburse funds of the Authority. D. DUTIES OF TREASURER. The Treasurer of the Authority shall assume the duties described in Government Code Section 6505.5 as it may from time to time be amended, including: Receive and receipt for all money of the Authority and place it in the treasury of the Treasurer to the credit of the Authority; 2. In accordance with law, manage the investment of all funds of the Authority, keeping sufficient liquidity to pay on time all obligations of the Authority; Be responsible upon his or her official bond for the safekeeping and disbursement of all of Authority money so held by him or her; 4. Pay, when due, out of the money of the Authority so held by him or her, all sums payable on outstanding bonds and coupons of the Authority; Pay any other sums due from the Authority from Authority money only upon warrants signed by the Authority officer of employee so authorized by this Agreement; 6. Recommend a budget to the Executive Director for submission to the Board for adoption as the Authority's budget; 8 Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 7. Verify and report in writing monthly to the Authority the amount of money he or she holds for the Authority, the amount of receipts since the last report, and the amount paid out since the last report; and S. To report in writing to the Authority and the Board, within one hundred twenty (120) days following the close of the Fiscal Year on all financial activities for the Fiscal Year just ended. ARTICLE 7 INDEMNIFICATION AND INSURANCE A. INSURANCE. 1. The Authority shall obtain necessary bonding, fiduciary liability, officers and Director's liability insurance, and other insurance coverage on a pooled basis as deemed necessary by the Board for all Members, officers, and employees. Such coverage shall be an administrative expense. 2. The Authority shall procure and maintain, from the Effective date, comprehensive liability insurance in the minimum amount of Five Million Dollars ($5,000,000) combined single limit per occurrence and annual aggregate. Each of the Authority's Members shall be named as an additional insured on all Authority insurance policies. Alternatively, the Authority may self -insure. The Authority shall, if necessary or required, procure and maintain worker's compensation insurance as required by law. B. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, all pension, relief, disability, worker's compensation, and other benefits; which apply to the activity of officers, agents, or employees of any Member when performing their respective functions within the territorial limits of the Member, shall apply to them to the same Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 degree and extent while engaged in the performance of any of their functions and duties extraterritorially hereunder. 10 Tres Hermanos JPA By -Laws 5/17/99 Revised 8/9/99 Res. 99-01 Revised 1/22/01 Revised 4/5/01 Draft Revision 2/18/04 Agenda No. 5.2 CITY OF CHINO HILLS Request for Proposals (RFP) for TRES HERMANOS CONSULTING SERVICES Date: July 18, 2005 Department: Administration Project Name: Tres Hermanos Consulting Services Proposal Due Date: September 15, 2005 Time: 4:00 P.M. Proposals must be submitted to the: Tres Hermanos Conservation Authority C/O City of Chino Hills City Clerk's Office 2001 Grand Avenue Chino Hills, CA 91709 Proposal Information - Format Proposals will be received by the Tres Hermanos Conservation Authority, hereinafter called the "Authority", c/o the City of Chino Hills, at the office of the City Clerk, 2001 Grand Avenue, Chino Hills, California, 91709, until 4:00 P.M., PDT, September 15, 2005. Each Proposal must be submitted in a sealed envelope, addressed to the Authority at the above -referenced address. Each sealed envelope containing a Proposal must be plainly marked on the outside as Proposal for Tres Hermanos Consulting Services, Proposer's name, address and his/her license number, if applicable. If forwarded by mail, the sealed envelope containing the Proposal must be enclosed in another envelope addressed to the Tres Hermanos Conservation Authority, c/o City of Chino Hills, City Clerk, 2001 Grand Avenue, Chino Hills, California 91709. Salary tabulation sheets containing actual cost and overhead costs are to be submitted in a separate sealed envelope clearly marked Cost Proposal at the time of submission of the proposal. Copies of the Request for Proposals may be obtained in the Department of the City Manager of the City of Chino Hills, 2001 Grand Avenue, Chino Hills, California 91709. Questions regarding the Request For Proposal should be directed to James DeStefano, Diamond Bar City Manager at (909) 839-7010 Raymond Hansen, Chino Hills Senior Administrative Analyst at (909) 364-2616 or Jeff Adams, Chino Hills City Planner at (909)364-2751. The proposal shall include, as a minimum: A. A statement that this RFP shall be incorporated in its entirety as a part of the Consultant's quote. B. A statement that this RFP and the Consultant's proposal will jointly become the Scope for Professional Consultant Services for this project. A purchase order will be issued upon acceptance of the quote. C. A statement that the services to be provided, and fees therein, will be in accordance with the City's RFP except as otherwise specified in the Consultant's quote under the heading "Exceptions to the City's Request for Proposals." D. A single and separate section with the heading "Exceptions to the City's Request for Proposals" containing a complete and detailed description of all of the exceptions to the provisions and conditions of this RFP upon which the Consultant's proposal is contingent and which shall take precedent over this RFP. E. A Statement of Qualifications applicable to this project including the names, qualifications and proposed duties of the Consultant's staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses, and telephone numbers of the appropriate persons which the City can contact. F. A statement that all charges for services will be a "not to exceed fee", as submitted with and made part of said Consultant's quote. G. A copy of the Consultant's hourly rate schedule and a written statement that said hourly rate schedule is part of the Consultant's quote for use in invoicing for progress payments and for extra work incurred that is not part of this RFP. H. A written statement by the Consultant that all federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to. 2 A written statement by the Consultant shall allow all authorized federal, state, county, and the City of Chino Hills officials access to place of work, books, documents, papers, fiscal, payroll materials, and other relevant contract records pertinent to this project. All relevant records shall be retained for at least three years. J. A written statement that the Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. K. A written statement that the Consultant shall comply with the California Labor Code. Pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; and State of California Prevailing Wage Rates, respectively. L. A written statement that the Consultant shall comply with the Copeland Anti -kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof. DESCRIPTION The Authority is seeking proposals for the development of the Tres Hermanos Project located in the cities of Chino Hills and Diamond Bar. The Authority is currently evaluating the proposed development of the Tres Hermanos area, which consists of approximately 1781 acres in the City of Chino Hills and 748 acres in the City of Diamond Bar. The project may include residential units, office facilities, infrastructure improvements and retail center. Consultant will be given 90 days to complete the Scope of Services. SCOPE OF WORK Assignments may include, but not be limited to the following tasks or services with respect to the development of the Tres Hermanos Project: • Provide real estate and financial consulting services • Identify best land use jointly between cities. • Prepare feasibility studies to include retail components • Prepare feasibility studies to include residential/mixed use options (including commercial recreation) • Perform economic analysis of the retail development pro forma • Moving uses/relocation of businesses from existing locations in Chino Hills and Diamond Bar to Tres Hermanos. 3 Evaluate alternative development, financing, and ownership options for public facilities. • Identify advantages/disadvantages of regional access i.e. Tonner Canyon. Road. • Identify constraints on industrial, commercial, and residential development • Review existing constraints on residential of 1 unit per 5 acres. EVALUATION CRITERIA The Authority will evaluate the information submitted. The evaluation will consider the following criteria when reviewing your proposal. Approach to the work including task breakdown and staffing, forty five percent (45%). 2. Experience and technical competence of your firm and key people on similar projects of equal complexity, thirty percent (30%). Reports of references, and the willingness to agree to all terms of the Professional Services Agreement, twenty-five percent (25%). The Authority reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection process. Professional Services Agreement The Authority has provided a copy of the Agreement for Professional Services. Please review this agreement and provide the Authority with a written statement of your firm's willingness to accept the terms of the agreement. Please specifically identify each and every term of the agreement that your firm is unwilling to accept and the reason therefor. Prevailing Wages The Proposer agrees to abide by the requirements under Section 1773 of the Labor Code of the State of California for general prevailing wages where it is applicable. Equal Employment Opportunity Proposers will be required to comply with the President's Executive Order No. 11246 (Equal Employment Opportunity clause) as amended by Executive Order 11375, and as supplemented in Department of Labor Regulation (41 CRF, Part 60), California Labor Code 1410, et seg., California Labor Code 1777.6, and implementary regulations concerning equal opportunity for Apprentices. Insurance. 0 A. Insurance Requirements. Proposer shall provide and maintain insurance acceptable to the Authority's Attorney in full force and effect throughout the term of this Agreement, against,claims for injuries to persons or damages to property which may arise from or in connection with the performances of the work hereunder by the Proposer, its agents, representatives or employees. Insurance is to be placed with a current A.M. Best's rating of no less than ANIL Proposer shall provide the following scope and limits of insurance: Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). b. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval by the City. C. Workers' Compensation insurance as required by the Labor Code of the State of California and Employer's Liability Insurance and covering all persons providing service on behalf of the Proposer and all risks to such persons under this agreement. Errors and Omissions liability insurance appropriate to the Proposer's profession. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: a. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. C. Worker's Compensation and Employers Liability: Worker's Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Errors and Omissions Liability: $1,000,000 per occurrence. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: All Policies: Each insurance policy required by this paragraph shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the Authority. 2. General Liability and Automobile Liability Coverages: Authority, its officers officials, and employees and volunteer are to be covered as additional insured as respects: liability arising our of activities Proposer performs, products and completed operations of Proposers; premises owned, leased or hired or borrowed by Proposer. The coverage shall contain no special limitations on the scope of protection afforded to Authority, its officers, officials, or employees. b. Proposer's insurance coverage shall be primary insurance as respects to Authority, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Proposer's insurance. G. Proposer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Any failure to comply with the reporting or other provisions of the policies including the breaches of warranties shall not affect coverage provided to the Authority, its officers, officials, employees or volunteers. 3. Worker's Compensation and Emplover's Liability Coverage. Unless the Executive Director otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against the Authority, its officers, officials, employees and agents for losses arising from work performed by Consultant for Authority. C. Other Requirements. Consultant agrees to deposit with Authority, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy Authority that the insurance provisions of this Agreement have been complied with. The Authority's Attorney may require the Proposer furnish the Authority with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Authority reserves the right to inspect complete, certified copies of all required copies of all required insurance policies, at any time. Proposer shall furnish certificates and endorsements from each subcontractor identical to those Proposer provides. 2. Any deductibles or self-insured retentions must be declared to and approved by the Authority. At the option of the Authority, either the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the Authority, its officers, officials, employees and volunteers; or the Proposer shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Proposer's liability hereunder to fulfill the indemnification provisions and requirements of this Agreement. Subcontractin The Proposer may utilize the services of specialty Subcontractors on those parts of the Work that, under normal contracting practices, are performed by specialty Subcontractors. Unless Proposer lists a specific Subcontractor, Proposer is representing to Authority that Proposer has all appropriate licenses, certifications, and registrations to perform the work hereunder. After submission of his/her proposal, the Proposer shall not award Work to any unlisted Subcontractor(s) without prior written approval of the Authority. The Proposer shall be fully responsible to the Authority for the performance of his/her Subcontractors, and of persons either directly or indirectly employed by them. Nothing contained herein shall create any contractual relation between any Subcontractor and the Authority. Should you have any questions regarding this Request for Proposals, please contact James DeStefano, Diamond Bar Deputy City Manager at (909) 839-7010 Raymond Hansen, Chino Hills Senior Administrative Analyst at (909) 364-2616 or Jeff Adams, Chino Hills City Planner at (909) 364-2751. 7