HomeMy WebLinkAbout10/21/2014 Agenda - Regular MeetingCity of Diamond Bar City Council Agenda Tuesday, October 21, 2014 5:30 p.m. - Closed Session - Room CC -8 5-:45 p.m. - Study Session -Room CC -8 6:30 p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Carol Herrera Mayor Steve Tye Mayor Pro Tem Ling -Ling Chang Nancy A. Lyons Jack Tanaka 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 you have questions regarding an agenda item, please contactthe City Clerk at(909) 839-7010 during regular business hours. 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CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 21. 2014 Next Resolution No. 2014-41 Next Ordinance No. 08 (2014) CLOSED SESSION: 5:30 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54957 Public Employee - City Manager Performance Evaluation STUDY SESSION: 5:45 p.m., Room CC -8 ► Grand Avenue Beautification Update - Discussion and Action. ► Discussion of Political Signs — Discuss and Action. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: ROLL CALL: 6:30 p.m. Mayor Cantor Paul Buch, Temple Beth Israel Council Members Chang, Lyons, Tanaka, Mayor Pro Tem Tye, Mayor Herrera 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 Cup!ey Dr., Diamond Bar, California, during normal business hours. October 21, 2014 PAGE 2 APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the CitV Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — October 23, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Time Capsule Dedication - Saturday, October 25, 2014 — 4:00 p.m. Diamond Bar City Hall, 21810 Copley Drive. 5.3 Planning Commission Meeting — October 28, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive 5.4 Halloween Haunted House — October 30 & 31, 2014 — 6:00 p.m. - 9:00 p.m., Heritage Park, 2900 S. Brea Canyon Road. 5.5 Fall Fun Festival — October 31, 2014 — 4:30 p.m. — 8:30 p.m., Heritage Park, 2900 S. Brea Canyon Road. 5.6 City Council Meeting - November 4, 2014 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.7 Veterans Celebration — November 5, 2014 — 9:00 — 11:00 a.m., Diamond Bar Canter, 1600 S. Grand Avenue. 5.8 Veterans' Holiday — November 11, 2014 — City offices will be closed Tuesday, November 11th in observance of Veterans' Day. City offices will re -open Wednesday, November 12, 2014 at 7:30 a.m. October 21, 2014 PAGE 3 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting Minutes of October 7, 2014. Recommended Action: Approve as submitted. Requested by: City Clerk 6.2 Traffic and Transportation Commission Minutes: (a) Regular Meeting for June 12, 2014. (b) Regular Meefing for July 10, 2014. Recommended Action: Receive and File. Requested by: Public Works Department 6.3 Ratification of Check Register— Dated October 2, 2014 through October 15, 2014 totaling $834,087.05. Recommended Action: Ratify. Requested by: Finance Department 6.4 Resolution No. 2014 -XX of the City Council of the City of Diamond Bar Approving the Application for $153,346 of Land and Water Conservation Fund Grant, which if Awarded, Requires a $153,346 Match from the City, for the Silver Tip Park Trail and Trail Head. Recommended Action: Adopt. Requested by: Community Services Department 6.5 Adopt Resolution No. 2014 -XX: Approving Program Supplement Agreement No. 013-N Administering Agency -State Agreement No. 07- 5455R for Utilization of Federal Funds in the Amount of $1,032,964 on the Grand Avenue Beautification Project. Federal Project HPLUL- 5455(016). Recommended Action: Adopt. Requested by: Public Works Department October 21, 2014 PAGE 4 6.6 Second Reading and Adopt Ordinance 07 (2014): Revising the City's Purchasing System, Amending the Diamond Bar Municipal Code and Rescinding Ordinance No. 05(2006) in its Entirety. Recommended Action: Approve for Second Reading by Title Only, Waive Full Reading and Adopt. Requested by: Finance Department 6.7 Approval of Amendment No. 2 to the Agreement with Clear Channel Outdoor to Extend Franchise Agreement for Bus Shelters in Diamond Bar for Seven (7) Additional Years, from July 1, 2014 through June 30, 2021. Recommended Action: Approve. Requested by: Community Services Department 6.8 Award of Professional Engineering Services Contract to Tait & Associates; Inc. for Civil Engineering Design, Construction Administration/Inspection and Construction Survey for the Ronald Reagan Park and Carlton Peterson Park Parking Lots Rehabilitation Project in the Amount of $109,685; Plus a Contingency Amount of $11,000 for a Total Authorization of $120,685. Recommended Action: Award. Requested by: Public Works Department 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Tonight's Meeting will be adjourned in memory of longtime resident Eileen Tillery. Study Session No.1 DMS CONSULTANTS. INC. C I Y I L 8 �undscxy_.arN«rotz o..�>aravinn..:_ �! Y{( �';,i• s r- iHI "'mei � j €ac ri Monument Location` t i - tgf i2f 4}t Zjti(j�1 }E BILI i . DESIGN FEATURES a 'DIAMOND BAWLETTERS TO BEB'HIGH, DARK BRONZE FINISH, LETTERS TO BE ATTACHED TO ACCENT BAR OFFSET FROM FACE OF WALL E 'Inw�pmIed 1989" LETTERS TO BE $� HIGH, UPPER & LOWER CASE, DARK BRUSH BRONZE FINISH, LETTERS TO BE OFFSET FROM FACE OF WALL c PRECAST SIGN WALL WITH LIGHT SANDBLAST DIAMOND PATTERN ON FRONT AND BACK (TWO WALLS) d PRECAST COLUMN CAP e CORTEN STEEL PANEL WITH LASER CUT OUTS OF CITY INSPIRED "WINDMILL' IMAGES. ATTACHE CORTEN PAN EL TO COLUMN FACE WITH STAND-OFF PINS. PANEL TO BE ILLUMINATED FROM BACKSIOETO HIGHLIGHTIMAGE. (TWOSIDES) I DIMENSIONAL CUT. NATURAL STONE VENEER TO FRAME CORTEN PANEL g NATURAL STONE VENEER. SELECTED STONE AND STONEWORK TO RESEMBLE THE STONEWORK AT THE DIAMOND BAR CENTER h IN�GROUND UPLIGHTS, FRONT ONLY 1 (3) SEPARATE CORTEN STEEL PANELS SYMBOLIZING DIAMOND BAR'SROLLING HILLS, ATTACHEOPANELS TO FACE OF WALLWITH STANDOFF PINS AND 1"GAP BETWEEN EACH PANEL 2.10„ I I (EAST BOUND) Plan View Sign Placement in Median on Grand Avenue Street Section Entering the City on Grand Avenue I I (EAST Plan View /q Sign Placement in Median on Grand Avenue ------ Z --- ----j --- --- MINIMUM 4-Ct AF Side View Front View • Natural stone facing Width: 3' • Depth: 2' • Bronze letters for the city name Design Elements DATE: October 21, 2014 Study Session No. 2 INTEROFFICE MEMORANDUM TO: Honorable Mayor Herrera and Members of the City Council FROM: James DeStefano, City Ma r SUBJECT: POLITICAL SIGNS Over the years, study sessions were conducted to discuss ways to minimize the visual blight caused by the inappropriate placement and/or overproliferation of political signs. The last study session, held on March 18, 2008, focused on whether or not the City should continue to allow political signs within the public rights-of-way. This past summer, staff was asked to determine if a permit program could be lawfully implemented as one of the potential solutions to curtail the excessive placement of political signs. The enclosed memorandum was distributed on June 26, 2014 explaining how such a permit program could be enacted in light of various legal issues to consider. The purpose of tonight's study session is to not only discuss the possibility of establishing a permit program for political signs, but to facilitate a broader topical conversation that may lead to additional options for reducing the amount of visual clutter associated with political signs. Enclosure 01Political Signs\10-21-14 Political Sign Study Session.docx DATE: June 26, 2014 INTEROFFICE MEMORANDUM TO: Honorable Mayor Herrera and Members of the City Council FROM: James DeStefano, City Manager SUBJECT: ESTABLISHING A PERMIT PROGRAM FOR POLITICAL SIGNS SUMMARY Staff consulted with the City Attorney to determine if a permit program could be lawfully implemented for the purpose of curtailing both the proliferation of illegally placed political signs during election seasons, and the abandonment of political signs following an election. More specifically, staff was asked to review Chino Hills' political sign ordinance, which requires the payment of a refundable abatement deposit at the time that political sign permits are issued, to determine if similar requirements could be applied in Diamond Bar. The City Council could amend the sign ordinance to require such permits and deposits for political signs if it desires to do so. For the purpose of this discussion, the term "political sign" is used as defined in the Municipal Code: "A sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election." Signs placed on private property that express political views unrelated to an election are not addressed in this memorandum. The regulation of political speech is highly complex due to Constitutional protections and Supreme Court decisions, including City Council of Los Angeles v, Taxpayers for Vincent (1984) 466 U.S. 789, which held that cities can prohibit both commercial and political signs in the public rights-of-way ("PROW") altogether. Amending the Municipal Code to require deposits, permits, etc., for political signs especially, will require a review of the entire sign ordinance. CHINO HILLS' POLITICAL SIGN PERMIT REQUIREMENTS AS A MODEL FOR DIAMOND BAR There are three key provisions in the Chino Hills political sign regulations that differentiate them from Diamond Bar's: Political signs in the PROW are prohibited. Persons or entities responsible for the placement of political signs must obtain a permit and submit a $250 refundable deposit. Chino Hills will deduct $20 from the refund for every illegally placed sign removed by code enforcement. Political signs must identify the names of the permittees or entities responsible for the placement of the signs. Establishing a Permit Program for Political Signs June 26, 2014 Paqe 2 of 2 The refundable deposit requirement appears to be a viable incentive for those responsible for the placement of the signs to follow Diamond Bar's restrictions on the time, place and manner in which political signs may be displayed. Since deposits are intended to increase the likelihood of self - enforcement, they are generally less costly to administer than issuing notices and citations. Diamond Bar currently collects deposits for temporary commercial banners on private property, and has proven to be an effective tool to a certain extent (illegally placed banners remain an ongoing code enforcement issue). The appropriate dollar amount for the deposit could be studied further, and should be adopted separately by resolution so that it could be more readily updated as needed to ensure its effectiveness. Political signs and associated visual impacts have been the subject of past City Council study sessions, and the Councilmembers were generally supportive of continuing to allow them within the PROW. It is therefore assumed that any new permit requirements would not include prohibiting signs in the PROW; in fact, it would be less problematic to require permits only for political signs in the PROW than it would be to impose the same requirement on private property, as discussed below. LEGAL ISSUES TO CONSIDER Political speech enjoys greater protection under the Constitution than commercial speech. Whereas an encroachment permit would be required for a temporary commercial signs in the PROW, political signs are currently exempt from any permit requirements, so Diamond Bar's existing political sign regulations may survive a challenge under the First Amendment.' If the City was to establish permit requirements for political signs in the PROW, they must be no more restrictive than they would be for temporary commercial signs, and should still be treated somewhat preferably. It will be much more difficult to amend the sign code to require permits for political signs on private property because several types of nonpolitical signs are on private property are exempt from permit requirements. Examples of exempt nonpolitical signs include the following: • Real estate signs; • Garage sale signs; • Construction signs identifying, among other things, future tenants, developers and contractors; and • Signs within shopping centers which are not visible from the street; It should be noted the Chino Hills sign code has similar permit exemptions on private property, so it is possible that its political sign regulations are at odds with the First Amendment. CONCLUSION While it is possible to amend Diamond Bar's political sign regulations to require permits and the payment of a deposit, doing so will likely result in revisions to several other sections of the sign code to avoid conflicts with First Amendment rights. 'There are two types of "permanent" commercial signs currently allowed in both the PROW and private property, and are exempt from permit requirements: bus bench/shelter ads and commercial vehicle signage. As explained in the summary of this memorandum, the entire sign code will need to be reviewed when amending the political sign regulations to avoid treating political signs more restrictively than commercial signs. Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 7, 2014 CLOSED SESSION: 5:45 p.m., Room CC-8 @)MMY Public Comments on Closed Session Agenda — None Offered. No. Conference with Real Property Negotiators — Government Code Section 54956.8 Property: APN: 8719-003-900 and 903 Agency Negotiator: City Manager and City Attorney Negotiating Parties: City; and, State of California Under Negotiations: Price and Terms of Payment ► Government Code Section 54957 Public Employee — City Manager Performance Evaluation CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California. CA/DeBerry reported that during tonight's Closed Session no reportable action was taken. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church, gave the invocation. ROLL CALL: Council Members Chang, Lyons, Mayor Pro Tem Tye and Mayor Herrera. Absent: Council Member Tanaka was excused. Staff Present: James DeStefano, City Manager; Ryan McLean, Deputy City Manager; David DeBerry, City Attorney; Dianna Honeywell, Finance Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Bob Rose, Community Services Director; Kimberly Young, Senior Civil Engineer; John Beshay, Associate Engineer; Anthony Santos, Sr. Management Analyst, Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: OCTOBER 7, 2014 PAGE 2 CITY COUNCIL 1.1 M/Herrera and Council Members presented a City Tile to former Planning Commissioner Jack Shah. BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to Luis Duarte, Owner, Paco's Tacos, Business of the Month for October 2014. Mr. Duarte was unable to attend. 2. CITY MANAGER REPORT AND RECOMMENDATIONS: 2.1 PWD/Liu introduction the City's newest staff member John Beshay, Associate Engineer. 2.2 Grand Avenue Beautification Project Update — PWD/Liu reported that this project is intended to design and construct streetscape enhancements including, but not limited to, decorative traffic signals; crosswalks featuring interlocking pavers with the diamond pattern; upgrading of medians and parkways with special design elements to add visual interest and highlight local history featuring pre -cast poles with timber rails and steel panels to displace images such as the windmill; pedestrian and accent lighting as well as, an enhanced landscape palate in the parkways and medians. The two locations under consideration include Grand Avenue at Diamond Bar Boulevard and at the easterly City limit line of Longview Drive. On April 1, 2014, staff presented the final concept plan to the City Council. Subsequently, the final design plans, based on input from Council and the community with material samples, was approved by the City Council on July 1, 2014 and staff was directed to move forward with the project with Council's concurrence. Design plans and specifications were presented to Caltrans on July 30 for authorization to proceed with construction. On September 10, Caltrans notified the City that the plans and specifications were approved allowing the City to advertise and award the project. Staff is currently working with the landscape architect to design and build a gateway monument at the easterly City limit line near Longview at Grand Avenue. Staff proposes that the design concept be ready to be presented to the City Council for input at its next Study Session on October 21. Looking forward, the project is set as follows: After the October 21 Study Session with Council's concurrence to incorporate the gateway monument in the plans and specifications, staff will advertise and solicit public bids during the months of November and December; award a construction contract in January 2015 and with a 90 day construction schedule, complete the project by April/May 2015. OCTOBER 7, 2014 PAGE 3 CITY COUNCIL 3. PUBLIC COMMENTS: Stephen Fomba, representing the San Gabriel Consortium on Homelessness, stated that his organization has the responsibility to coordinate homeless services and programming by facilitating partnerships among various service providers, educating community member agencies and advocating for appropriate housing and homeless services in the valley. He presented brochures to the City Council Members and spoke about the program and services it provides. He asked that the City Council consider adopting a proclamation to allow the establishment of a Homeless Awareness Week in the San Gabriel Valley that will coincide with the national Homeless and Hunger Prevention Awareness Week. Brittany (no last named) stated that the land at the Diamond Bar United Church of Christ for the Diamond Bar Community Garden has been cleared. The group is opening itself up to community members to build boxes and get the garden growing. A fundraising event will be held on October 26 from 1:00 p.m. to 5:00 p.m. at the site. For more information regarding the community garden, community members can call 909-861-4735. Josh Murray, Teen Services Librarian, Diamond Bar Library, invited residents to participate in the October programs including Read Together Diamond Bar. He announced that on October 8 at 4:00 p.m. there will be an "open mike" night for children ages 4-11 in the Windmill Room; October 15 at 7:00 p.m. in the Windmill Room there will be a special viewing of a film based on the true story of a high school math teacher who inspired dropout prone students to learn calculus; October 18 at 2:00 p.m. in the AQMD Auditorium the library will host David Mao, Law Librarian of Congress who will discuss "Serving Digital Natives in Libraries Today" and at that time the winners of the Teen Essay Contest (Teen Read Week) will be announced. Event seats can be reserved by calling 626-960-2861. On October 22 at 6:30 in the Windmill Room the library will hold a book discussion about this year's Read Together Diamond Bar's book True Notebooks by Mark Salzman. On October 25 local children will be asked to contribute to a book the library will include in the City's Time Capsule in celebration of the City's 25th Anniversary. He also spoke about continuing children and teen programs. Surendra Mehta thanked M/Herrera and Council Members for allowing him, on behalf of his family and the Sunshine Senior Association family, to thank Jack Shah for his service as a Planning Commissioner and his service to the City and community and wished him well. Manju Kumar, 27 year resident said that for the past five years she has been working on social and climate issues and asked if the City was doing anything about water issues. She was concerned about big corporations like Kmart and Walmart and felt Diamond Bar should be a model City with respect to water and climate issues and worries about water runoff and lack of respect for drought issues. She also stated that she as well as other residents would prefer to see OCTOBER 7, 2014 PAGE 4 CITY COUNCIL more organic and healthy choices in businesses in smaller, casual and more intimate shopping centers. Diamond Bar has no place for residents to congregate and would like to see more open spaces where people could post things in a more intimate setting. There is a Facebook Club called "Diamond Bar Buzz" and people talk about wanting to have a better community with more personal contact with more small businesses. Theresa Lee, thanked the City Council for the Millennium workshop which provided "The Country Estates" homeowners with a great deal of knowledge about the project. She asked that if the permit comes up for renewal the City Council consider how the community feels about the project and offer a public hearing for the 880 residents to allow residents the opportunity to decide whether or not to proceed with the development. Kurt Nelson, speaking on behalf of Millennium Diamond Road Partners, stated that in the past, he has come before the City Council regarding other projects such as the Crystal Ridge and Windmill Tract projects and doesn't understand why there is so much controversy and unhappiness about this project. However, he did hear many people who seemed to be uninformed about the facts of the project. What he has been hired to do, in part, is to help make sure that by February 2016 he will not be in front of the City Council asking for an extension of the Final Map and is very confident of that fact as long as something does not come completely out of left field or if completely unreasonable arguments cloud reality. To that end, he would be very happy to meet with any "The Country Estates" homeowners in the near future to let them know the facts. He is sad that folks in his tract (Crystal Ridge) are unhappy about this project because he knows and respects them and they purchased homes from his company. But respectfully, their homes would not be there if they had been turned away as many older residents of "The Country Estates" wanted to do in the 1990's. He offered his assistance in hopes that he could dispel fears. Individuals who wish to speak with him about meeting with residents can contact him at 714-272-1610 which is his personal number. He intends to have an office in Diamond Bar in the near future and is willing to meet with people as soon as he gets up to speed on the issues because he believes sharing facts is key and does not understand the controversy. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responding to the speaker that staff has reported to the City Council over the past regarding the drought conditions. The General Manager of the Walnut Valley Water District has spoken to the Council and residents about drought conditions and has encouraged residents to use a variety of steps and techniques for cutting back and conserving water usage. Diamond Bar has cut its water usage by 23 percent in the last billing statement since those formal drought conditions were adopted by the Water District and the City continues to look at ways to save water. As the Council knows and as the community is well aware, there is a massive amount of open space, parks, fields, ball fields, soccer OCTOBER 7. 2014 PAGE 5 CITY COUNCIL fields, etc. all of which require a lot of water. Staff has looked at other ways to reduce that water usage level without stressing those properties too severely. Staff continues to pursue this matter and may see additional water savings in the City's medians which may result in the grassy areas turning brown. Staff is concerned that if the areas are stressed too much the City will lose the trees and shrubs as well and that some of the water systems are not separated to distinguish trees and shrubs from lawn areas at this time; however, staff is looking at all of these issues and possible solutions. The Water District is gearing up for a water rate increase and contemplating holding a community forum to discuss this very issue which would take place in November in the AQMD Auditorium. The date and time once announced will be posted on the City's website when the information is available. There is a possibility that a flyer has already gone out to residents regarding that forum. CM/DeStefano stated that with respect to the Kmart Center, staff received notice about a week ago from Sears Holdings, the parent company of Kmart, that the Kmart store in Diamond Bar would close by the end of this calendar year (about mid-December). Staff understands that Kmart and/or Sears will be closing over 130 stores across the United States in the next few months as a part of the continuing downsizing of their retail inventory. Sears Holdings bought Kmart about eight years ago. Sears Holdings is more of a real estate company than it is a retail operation and Sears Holdings has been redeveloping properties across the US. In Diamond Bar's case, Kmart still controls the lease. Even with a dark store, Kmart still controls the lease so Sears Holdings will likely be coming to the City asking to transform that center into some other product. City officials have not met with Sears Holdings and do not know what type of product choices might be proposed at this point. The property owner (The Charles Company) is well aware of what is occurring. CM/DeStefano met with the property owner last week to talk about future possibilities, what Sears Holdings and Kmart is doing in other cities where they are closing stores, and what could be done with that real estate. But it is far too early in the process to know what could come next. The creation of more community gathering places is exactly the type of product City officials and residents would like to see in Diamond Bar. There are very limited choices in Diamond Bar because Diamond Bar does not have a lot of land and does not have willing property owners of existing properties that are interested in tearing down and redeveloping those properties. Urban areas like Pasadena which was referenced by the speaker has a lot more choices, historic character, significant daytime population base with employees, synergy with other shopping centers, intensity of development and people who live in the downtown areas in multi- family products, etc. That palate of typical characteristics does not exist in Diamond Bar which has a suburban atmosphere which makes it much more difficult to create an urban atmosphere. OCTOBER 7, 2014 PAGE 6 CITY COUNCIL 5 SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting — October 9, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive 5.2 Planning Commission Meeting — October 14, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — October 21, 2014 - 6:30 p.m., SCAQMD Auditorium, 21865 Copley Drive. 5.4 Time Capsule Dedication — Saturday, October 25, 2014 — 4:00 p.m., Diamond Bar City Hall, 21810 Copley Drive. 5.5 Halloween Haunted House — October 30 & 31, 2014 — 6:00 p.m. to 9:00 p.m., Heritage Park, 2900 S. Brea Canyon Road. 5.6 Fall Fun Festival — October 31, 2014 — 4:30 p.m. to 8:30 p.m., Heritage Park, 2900 S. Brea Canyon Road. CONSENT CALENDAR: MPT/Tye moved, C/Lyons seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Tanaka 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of September 16, 2014. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of August 28, 2014. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting Minutes for August 12, 2014. 6.4 RATIFIED CHECK REGISTER — Dated September 11, 2014 through September 30, 2014 totaling $2,709,889.51. 6.5 APPROVED TREASURER'S STATEMENT — Month of August 2014. 6.6 APPROVED CONTRACT AMENDMENTS FOR ON-CALL TRAFFIC ENGINEERING SERVICES WITH: A) ADVANTEC CONSULTING ENGINEERS, B) ITERIS, C) KOA CORPORATION, D) FEHR & PEERS, AND E) SASAKI TRANSPORTATION SERVICES FOR A PERIOD OF TWO (2) YEARS. OCTOBER 7, 2014 PAGE 7 CITY COUNCIL 6.7 APPROVED CONTRACT AMENDMENTS FOR ON-CALL SOILS AND GEOTECHNICAL ENGINEERING SERVICES WITH: A) LEIGHTON AND ASSOCIATES, INC, B) WILDAN GEOTECHNICAL AND, C) NINYO AND MOORE FOR A PERIOD OF TWO (2) YEARS. 6.8 AWARDED PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR ON-CALL CIVIL ENGINEERING WITH: A) HALL AND FOREMAN, INC., B) ONWARD ENGINEERING, C) PENCO ENGINEERING, INC. AND, D) DMS CONSULTANTS FOR A PERIOD OF THREE (3) YEARS. 6.9 AWARDED A DESIGN CONSTRUCTION ADMINISTRATION SERVICES CONTRACT FOR AREA 3 RESIDENTIAL AND COLLECTOR STREET REHABILITATION TO ONWARD ENGINEERING IN THE AMOUNT OF $109,003.00; AND, AUTHORIZED A CONTINGENCY AMOUNT OF $10,900.00 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $119,903. 6.10 APPROVED NOTICE OF COMPLETION FOR MEDIAN MODIFICATION PROJECT ON DIAMOND BAR BOULEVARD AT KIOWA CREST DRIVE. 7. PUBLIC HEARING: None 8. COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUTION NO. 2014-40: ESTABLISHING A TRAVEL, EXPENSE AND REIMBURSEMENT POLICY IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 53232.2 AND 53232.3, AND RESCINDING RESOLUTION NO. 2008-11 IN ITS ENTIRETY CM/DeStefano explained that this matter is brought before the Council from time to time to polish and update the City's Travel Expense and Reimbursement Policy. Staff has a variety of recommended changes to the policy, the details of which will be presented by FD/Honeywell. Options to staff's recommended adoption include 1) adopt as recommended revising the document; 2) return the document to staff and/or audit committee for further work or; 3) reject the proposal and maintain the existing travel and expense policy last adopted in 2008. FD/Honeywell presented the proposed revision of the City's Travel Expense and Reimbursement Policy that was last updated in 2008. The City recognizes the value of attendance by City officials and employees at business meetings and professional conferences that benefit the City and there are times when these conferences may require travel. Currently, the policy outlines the accepted method of travel, lodging, expense report, per diem and compliance with all state laws. Policies such as this are reviewed on a regular basis to ensure that current laws and best practices are being followed. In order to maintain this practice of transparency, staff OCTOBER 7, 2014 PAGE 8 CITY COUNCIL has prepared revisions to the policy for Council's consideration. Revisions include the following changes: Per Diem advances may no longer be claimed by any official or employee that has been issued a City credit card. Officials that have not been issued a City credit card may still claim a per diem advance of $70 per day, but purchases using that advance must be documented with receipts and any unused per diem must be returned to the City. Employees proposing overnight travel must complete the travel authorization form and submit it to the City Manager for approval of overnight travel. C/Chang moved, MPT/Tye seconded, to Adopt Resolution No. 2014-40: Establishing a Travel, Expense and Reimbursement Policy in Accordance with California Government Code Sections 53232.2 and 53232.3, and Rescinding Resolution No. 2008-11 In Its Entirety. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Tanaka 8.2 FIRST READING OF ORDINANCE 07 (2014): REVISING THE CITY'S PURCHASING SYSTEM, AMENDING THE DIAMOND BAR MUNICIPAL CODE AND, RESCINDING ORDINANCE NO. 05(2006) IN ITS ENTIRETY CM/DeStefano stated that similar to his comments regarding the City's Travel and Reimbursement Policy, the City Purchasing Policy was last adopted in 2006 and has been brought to the City Council over the years for purposes of refining the document to incorporate best practices and polishing of the document. Staff's recommendation is for City Council approval of the document by adopting First Reading of the Ordinance and setting Second Reading for the next City Council meeting. Council can adopt this matter as recommended by staff; revise it through comments this evening and adopt it; return it to City staff and/or audit committee review for further work; or, maintain the existing Purchasing System and Ordinance last adopted in 2006. FD/Honeywell will provide information on this matter. FD/Honeywell reported that this item is a proposed revision of the City's Purchasing System that was last updated in 2006. Since that time there have been many changes and updates to what is considered "best practices" in the field of purchasing and the revisions found in this proposed Ordinance reflect those changes. Highlights of changes to the Purchasing Ordinance are: The City Manager is designated as the purchasing manager and also establishes his or her authority to delegate the responsibility to "Purchasing Agents" and "Purchasing Delegates." OCTOBER 7, 2014 PAGE 9 CITY COUNCIL the contractual authority levels are proposed to change to the following: Division Managers would have authority up to $5,000; Department Directors and the Deputy City Manager would have authority up to $10,000; the City Manager would have authority up to $40,000, and anything over $40,000 would go to the City Council for approval. There is also a new section that outlines step by step the purchasing procedure and what to do from the time that bids and quotes are being sought to when the purchase order is generated and payment is made. There is also a section that highlights when exceptions to this procedure are allowed. There is another new section which outlines the formal bid process for items costing over $40,000 and a new section that outlines the bid procedures required for public projects and public works contracts. These types of contracts have very specific rules which staff felt would be beneficial to have as part of the comprehensive document. There is a section on change orders which says that "any change order that results in a total contract amount of more than $40,000, or substantially changes the terms, or results in cost in excess of a cost a Council award plus any contingency must go back to the City Council for approval. It also allows the City Manager or Purchasing Manager to approve change orders for contracts approved by the City Council in an amount up to ten percent (10%) of the contract, not to exceed $40,000. There is a new section which details the requirements for procuring professional services and the use of Request for Proposals. It also gives guidelines for selection processes and what the requirements are with respect to multi-year contracts. There has been the elimination of the "approved vendor list" which will ensure that due diligence is followed each and every time that a purchase is made and that each vendor has an equal chance of prevailing in the bidding process. MPT/Tye acknowledged a job well done by FD/Honeywell who fully informed the audit committee and took time to update the Ordinance and bring it into compliance. C/Lyons moved, C/Chang seconded to approve First Reading of Ordinance No. 07 (2014): Revising the City's Purchasing System, amending the Diamond Bar Municipal Code and, Rescinding Ordinance No. 05( 2006) in is entirety. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Tanaka OCTOBER 7, 2014 PAGE 10 CITY COUNCIL 8.3 APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE UNEXPIRED TERM OF JACK SHAH. M/Herrera announced that she received applications from three very qualified and impressive individuals and that she wishes to appoint Jennifer "Fred" Mahlke to the position of Planning Commissioner effective Friday, October 10, 2014. M/Herrera moved, C/Lyons seconded, to approve appointment of Jennifer "Fred" Mahlke to the position of Planning Commissioner effective Friday, October 10, 2014. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Tanaka Mrs. Mahlke spoke about her background, said she loves the City. She thanked the City Council for the appointment from Traffic and Transportation Commission Chairperson to Planning Commissioner. She hopes to serve in the same thoughtful and compassionate spirit and with a spirit of "community first: as did Jack Shah. M/Herrera welcomed Mrs. Mahlke to the Planning Commission. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang said that as usual residents can follow her on a variety of media outlets. A couple of weeks ago she visited Three Valleys MWD and received a tour of the facility and engaged in discussions regarding the drought and the Water Bond. She encouraged residents to check out the MWD Twitter and Facebook pages to receive updates on creative solutions to water conservation and drought issues. She welcomed AE/Beshay to the Diamond Bar family, thanked Jack Shah for his services to the City on the Planning Commission and welcomed Jen Mahlke as the new Planning Commissioner and thanked her for her service. C/Lyons said that in September she attended the San Gabriel Valley Council of Governments meeting as the alternate to M/Herrera. She thanked M/Herrera for the opportunity to attend a very interesting meeting. She also attended the Grand Opening of the H.H. Dorje Chang Buddha III Cultural and Art Museum in Covina where she enjoyed the fine paintings, artwork, cawings and prints. The museum has a very, very large collection of original art. While there is no charge to attend, individuals must call for a reservation at 626-281-6378. She encouraged residents to enjoy the building OCTOBER 7, 2014 PAGE 11 CITY COUNCIL and its contents. She attended the first event for Read Together Diamond Bar last Wednesday evening sponsored by the Diamond Bar/Walnut American Association of University Women and Friends of the Diamond Bar Library which was a panel on juvenile justice which is the theme of the featured book True Notebooks. She expects all of the events during the month to be excellent events and encouraged residents to check it out at the Library and attend one or more of the events. MPT/Tye congratulated AE/Beshay. Diamond Bar is a great family. Kmart is closing and whenever one door, or in this case one store, closes, another opens and the City looks forward to a new beginning in that location which will be of great benefit to the City. Last week he attended the TIGER Grant Appreciation meeting with the City of Industry. Thanks to the team that made the grant possible. He congratulated "Fred" Mahlke on her appointment to the Planning Commission and announced that there is now an opening on the Traffic and Transportation Committee and anyone interested should contact CC/Cribbins and provide her with an application for possible appointment. M/Herrera thanked MPT/Tye for chairing the last City Council meeting. She heard he did a stellar job and apologized for stealing his Traffic and Transportation Commissioner. She congratulated Jennifer on her appointment and new employee AE/Beshay. She again thanked Jack Shah for his many years of service to the community. Jack has been a wonderful representative of the community attending different events and provided the City with his expertise on the Planning Commission. She wished him well as he moves to his new residence in another area. M/Herrera wished C/Tanaka a speedy recovery so that he can rejoin the City Council for its next meeting. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the City Council Meeting at 7:40 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2014. CAROL HERRERA, MAYOR Agenda No. 6.2(a) CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING JUNE 12, 2014 CALL TO ORDER: Chair Mahlke called the meeting to order at 7:05 p.m. in the Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice -Chair Carrera led the Pledge of Allegiance. ROLL CALL: Commissioners Ken Mok, Manisha Sulakhe, Vice Chair Ted Carrera, Chair Jen "Fred" Mahlke Also Present: Kimberly Young, Senior Civil Engineer; Christian Malpica, Associate Engineer; Sterling Mosley, Assistant Engineer, and Marcy Hilario, Administrative Coordinator. ►File iii I. APPROVAL OF MINUTES: Commissioner Ed Pechy was excused. A. Minutes of the April 10, 2014 Regular Meeting. C/Sulakhe moved, VC/Carrera seconded, to approve the Minutes of the April 10, 2014 regular meeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mok, Sulakhe, VC/Carrera, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Pechy II. PUBLIC COMMENTS: None III. ITEMS FROM STAFF: A. Receive and File Traffic Enforcement Updates for: 1. Citations: March, April and May 2014 2. Collisions: March, April and May 2014 3. Street Sweeping: March, April and May 2014 June 12. 2014 PAGE 2 T&T COMMISSION VC/Carrera moved, C/Mok seconded, to receive and file the Traffic Enforcement Update reports for March, April and May 2014. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: IV. OLD BUSINESS: V. VI NEW BUSINESS: COMMISSIONERS COMMISSIONERS: COMMISSIONERS: None None Mok, Sulakhe, VC/Carrera, Chair/Mahlke None Pechy STATUS OF PREVIOUS ACTION ITEMS: None VII. ITEMS FROM COMMISSIONERS: Chair/Mahlke asked how many accidents need to occur in the same location in order for staff to review the situation. SCE/Young responded that there is no magic number, per se. Since Chair/Mahlke is bringing this to staff's attention, staff will work with the Sheriff's Department to bring up the traffic statistics for the past three to five years to determine what types of accidents have occurred and based on the data accumulated and studies, if appropriate, staff will make recommendations for remediation. Chair/Mahlke said one accident she witnessed involved a driver making a right -turn on red from Carpio Drive onto Golden Springs Drive. She was behind the car that got hit head-on and the debris hit her car. SCE/Young said staff would follow through and ask the City's Traffic Engineer to review the situation as well to determine whether there are any line -of -sight issues that need to be addressed. C/Mok commented that there is a lot of speeding by drivers headed east on Golden Springs Drive, especially when people are in a rush to get home. There is a lot of room between traffic signals which allows drivers to pick up their speed. C/Sulakhe agreed with the situation that it was difficult to make a right turn from Carpio Drive onto Golden Springs Drive. C/Sulakhe stated that on Grand Avenue, after Lavender Drive at the Stonegate Community, there is a very long wait to make both a right turn and left turn during the morning peak hours. She inquired about the feasibility of installing a traffic signal on Grand Avenue at Cahill Place. SCE/Young said staff will look into this matter as well. VC/Carrera asked if staff could get an overview of the tie-ins of the streets around the Willow Heights development (Site D) and timeline of the tie-ins to Diamond Bar Boulevard. SCE/Young said she would provide updates and, because of the size of June 12, 2014 PAGE 3 T&T COMMISSION the project and impacts to the community, this project will be on the agenda going forward as an informational item. VIII. INFORMATIONAL ITEMS: A. Traffic Signal Battery Backup Project AE/Malpica indicated that project plans and specifications were made available on May 26th for bid opening on June 9th. On the bid opening date, staff received 10 proposals. The lowest bid was $131,138 submitted by Traffic Development Services, Inc. The Engineer's estimate was $140,000. After review of the contractor's bid proposal and references, it was determined that Traffic Development Services, Inc. is the lowest responsible bidder. Staff will recommend award of the contract to this contractor at the City Council's June 17th meeting with construction to begin July 2014 and completion by August 2014 (30 calendar days). This project involves installation of 14 new battery backup units along Diamond Bar Boulevard, Golden Springs Drive, Grand Avenue and Lemon Avenue. The new battery backup units will provide backup power service for up to five hours of normal operation and an additional four hours of red flash. B. NTMP — Castle Rock Road/Crooked Creek Drive Neighborhood AE/Malpica reported that project plans and specifications were made available on May 26' with bid opening on June 9th. Staff received two bids with the lowest bid in the amount of $29,366 submitted by Carvajal Trucking & Tractor, Inc. (CT&T). The Engineer's estimate was for $26,000 and after review it was determined that CT&T was the lowest responsible bidder. Staff anticipates Council award of contract on June 17th with construction to commence July 2014 and completion by August 2014 (30 calendar days). The scope of work includes tools such as three speed cushions along Castle Rock Road, two speed cushions along Gold Run Drive, speed limit signs throughout the neighborhood, centerline striping, and edge -line parking on Gold Run Drive from Running Branch Road to Crooked Creek Drive. Staff anticipates these traffic calming tools will result in a reduction in traffic speed. Following staff's outreach effort, two property owners said they were pleased the speed cushions are being installed and wanted to make sure there would be no conflict with driveway ingress/egress. C. Diamond Bar Boulevard and Kiowa Crest Drive Median Modification Project AE/Mosley stated that the bid opening for this project was May 27th. Five bids were received with the lowest bid from Carvajal Trucking & Tractor, Inc. (CT&T) of $35,222.30. The Engineer's estimate for this project was $38,800. Following City Council award of contract on June 17th, construction will begin in early July. The scope of work includes modification of the northbound median on Diamond Bar Boulevard at Kiowa Crest Drive. C/Mok asked if this project June 12, 2014 PAGE 4 T&T COMMISSION will address a line -of -sight issue. AE/Mosley responded yes, this project will address the line -of -sight issue in both directions. C/Sulakhe asked if this was part of the Grand Avenue Beautification Project. AE/Mosely responded that this is a separate project. D. Morning Canyon Rehabilitation Project AE/Mosley reported that the plans and specifications are scheduled to be finalized within the next two weeks. Currently, the Engineer's estimate is slightly above $245,000. Staff is aiming for a bid opening of June 24th with a proposed award of contract to be scheduled for July 15th and construction commencing shortly thereafter. E. Lemon Avenue Interchange Project SCE/Young reported that this project remains in the right-of-way acquisitions phase which staff expects to be completed by the end of the calendar year. Thirteen properties (nine residential - four commercial) require either partial takes or temporary construction easements. Two of the nine residential properties have settled and accepted Caltrans offers for their partial take or temporary construction easement and two of the four commercial properties have accepted Caltrans offers. The others are scheduled to go to the CTC to begin condemnation proceedings. Subsequently, the CTC would have to move forward with filing lawsuits and condemning the properties. However, it is likely that once these property owners are served with the condemnation papers, they will continue to negotiate with Caltrans. Some property owners have counter offered and are in negotiations with Caltrans; however, to keep the project moving forward, condemnation proceedings will move forward. Staff hopes for right-of-way certification by the end of December 2014, advertise the project shortly thereafter, and begin construction by mid -2015. F. Residential Area 2/Arterial Zone 1 Road Maintenance Project SCE/Young reported that this project was awarded to Hardy and Harper, Inc. on May 20th for a contract award of $1,797,000. SCE/Young is working with the contractor to schedule pre -construction meetings and get work started by the first of July. The contractor is obligated to complete the residential roadways prior to the beginning of school or construction hours will be limited. Since the Mountain Laurel Way, Chaparral Drive, and Maple Hill Drive neighborhood is one of the most congested school areas, staff will push the contractor to work on those areas first to make sure the project has moved out of the school areas before the start of the school year. G. Approved FY 2014-15 Capital Improvement Project and CIP Multi -Year Plan SCE/Young combined the 2014-15 and multi-year CIP items into one discussion and referred the Commissioners to the multi-year CIP packet to June 12, 2014 PAGE 5 T&T COMMISSION follow the presentation. The CIP Program Budget was approved by City Council on May 20tH VC/Carrera asked if the Prop 42 funds were fixed or variable each year based on projects. SCE/Young explained that the Prop 42 funds are the gas tax funds and vary each year based on gas sales. Because of the decrease in gas tax in recent years due to the increase in electric vehicles and usage of public transit, there has been a significant reduction in funds coming to the City. As a result, staff has made every attempt to be creative with other types of funds the City utilizes in order to protect the City's General Funds. Accordingly, AB 2766 funds (for projects that can improve air quality) are being used for CIP projects where they were not previously used. That being said, NTMP and traffic signal upgrades warrant the use of the AB2766 funds and; therefore, will be moved into the CIP project budget. SCE/Young provided details of an upcoming project that would address areas throughout the City that experiences natural groundwater that seeps through the pavement and causes ponding in gutters and ramp areas. As an example, she referred to an area in front of City Hall at the crosswalk where the ADA ramp is located. C/Sulakhe asked if the groundwater was contaminated. SCE/Young responded no. She explained that the water is pure spring water from the groundwater table that flows underground and into the storm drain system. VC/Carrera asked if the open drain channel in the Willow Heights development will be covered. SCE/Young responded that the main channel will remain open. There is another open channel on the pie -shaped piece near Brea Canyon Road which will be covered. The 2014-15 FY budget is $10 million. SCE/Young went on to provide a brief overview of the projects in the remaining years of multi-year CIP plan. H. Willow Heights — Diamond Bar Boulevard and Brea Canyon Road (Site D) SCE/Young updated the Commission on this project. Grading continues at the residential development with the first models anticipated to be open for viewing by February 2015. Full build -out is anticipated by 2017. The project is on - target to have the mass grading completed in August, moving forward with the Diamond Bar Boulevard/Brea Canyon Street improvements. SCE/Young explained the proposed project plans including related street improvements. IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda. June 12, 2014 PAGE 6 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Mahlke adjourned the meeting at 7:56 p.m. The foregoing minutes are hereby approved this to -rd day of JU , 2014. Respectfully, Davi . Li , Secretary Attest: D air J d" Mahlke Agenda No. 6.2(b) CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING JULY 10, 2014 CALL TO ORDER: Chair Mahlke called the meeting to order at 7:00 p.m. in the Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Chair Mahlke led the Pledge of Allegiance. ROLL CALL: Commissioners Ken Mok, Ed Pechy, Manisha Sulakhe, Vice Chair Ted Carrera, Chair Jen "Fred" Mahlke Also Present: David Liu, Public Works Director; Kimberly Young, Senior Civil Engineer; Christian Malpica, Associate Engineer; Sterling Mosley, Assistant Engineer, and Stella Marquez, Administrative Coordinator. I. APPROVAL OF MINUTES: A. Minutes of the June 12, 2014 Regular Meeting. VC/Carrera moved, C/Mok seconded, to approve the Minutes of the June 12, 2014 regular meeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS II. PUBLIC COMMENTS: None III. ITEMS FROM STAFF: Mok, Sulakhe, VC/Carrera, Chair/Mahlke None Pechy None A. Receive and File Traffic Enforcement Updates for: 1. Citations: April, May and June 2014 2. Collisions: April, May and June 2014 3. Street Sweeping: April, May and June 2014 JULY 10. 2014 PAGE 2 T&T COMMISSION VA V kup VC/Carrera moved, Chair/Mahlke seconded, to receive and file the Traffic Enforcement Update reports for April, May and June 2014. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mok, Pechy, Sulakhe, VC/Carrera, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OLD BUSINESS: SCE/Young reported with respect to an observation from Chair/Mahlke regarding the intersection of Carpio Drive and Golden Springs Drive. Staff investigated the traffic data and the City's Traffic Engineer reviewed the site conditions and determined there was no line of site issues for vehicles turning right from Carpio Drive onto Golden Springs Drive. Staff will continue to monitor the intersection. SCE/Young reported to C/Sulakhe regarding her inquiry concerning the intersection of Cahill Place and Grand Avenue. Since C/Sulakhe mentioned her concern involved a school bus stop, staff will look at that situation once school is again in session in August/September. It would allow staff to have a clearer understanding of all of the roadway characteristics and vehicular interaction. Once staff has completed its investigation, there will be a report back to the Commission. NEW BUSINESS: None STATUS OF PREVIOUS ACTION ITEMS: None VII. ITEMS FROM COMMISSIONERS: C/Pechy provided a photograph of an area of concern which included barriers and a very untidy hillside that is visible to all who travel on Diamond Bar Boulevard across from the trail head to Sycamore Canyon Park. He asked for information so that he could pass along to concerned citizens. SCE/Young responded that the address of the property is 1007 Banner Ridge, which is a hillside erosion failure issue that occurred in December 2010. The hillside eroded into the street which required emergency services to provide mitigation. As a result, this matter was turned into a code violation case since the owners failed to properly respond to the repair. The Courts took over the case from the City and it now follows due process according to the violation. During the past couple of months, a Receiver was appointed to the property (a third party) to repair the damage; however, the geotechnical reports that are required to be approved by the City in order for the Receiver to obtain permits for the repair are under review. Staff is hopeful that within the next few months the reports can be approved and permits for the repair can be issued. C/Pechy asked if the repair involved cleanup of the debris. SCE/Young responded she would consult with the City's Code Enforcement officer to see if he can work with the property owner to clean up the visqueen; however, no one is allowed to touch the slope in terms of grading without a City permit. SCE/Young further stated that the k -rails have been in JULY 10, 2014 PAGE 3 T&T COMMISSION place since the erosion occurred and because the hillside has not been deemed stable and actually failed once and impeded both lanes of street traffic, the k -rail will remain in place to protect the public right-of-way. C/Sulakhe asked if staff has a geotechnical report that describes what happened. SCE/Young responded that there is a geotechnical report available. These hillsides are 1 '/z:1 which is a steeper hillside than what is currently permitted for construction. In addition, gophers can cause instability in hillsides and overall poor property maintenance is a large factor in hillside erosion issues. This particular property has two v -ditches along the benches (specific drainage devices installed on hillsides) and if those are not properly maintained, can also lead to erosion issues. VC/Carrera stated that coming across Pathfinder Road and Peaceful Hills Road, the traffic signal was not operating on Tuesday evening. He asked if there was a battery backup system in place at that signal because he expected to see flashing red; however, the signal was not operating. AE/Malpica responded that currently, there is no battery backup system at that location. PWD/Liu stated that the City's ultimate goal is to have battery backup systems at all signals. VC/Carrera asked if the block walls along Diamond Bar Boulevard are City -owned or private property walls. He commented that during the recent earthquake, several of the walls were damaged. PWD/Liu indicated that staff is in the process of investigating that matter upon receiving inquiries from the public. There are at least three or four property owners (three private properties and one county owned parcel at the flood control channel) who contacted the City about the repair work. Staff is looking into ownership of these the walls as well as, where the wall is located; i.e. in the public right-of-way or on the private property side. VIII. INFORMATIONAL ITEMS: A. Grand Avenue Beautification Project— SCE/Young reported that at the July 1st City Council meeting, staff presented the final design plan for approval and sign -off to complete final plans and specs for submission to Caltrans next week. Their review is necessary since a portion of this project is being funded with federal dollars. Staff is hoping to entice Caltrans to complete its review within 30 days so that bids can be let for commencement of construction no later than October. If construction does not begin by October, construction will likely be postponed until the new calendar year so as not to impose on businesses and residences during the holiday season. B. 2014 Citywide Speed Zone Survey — AE/Malpica said that in order to continue to legally enforce the speed limits Citywide, the California Vehicle Code requires speed limits to be developed on the basis of traffic and engineering speed zone studies. These are required to be updated every seven years to ten years. In 2004, the City Council adopted a resolution for a Citywide Speed Zone Study which will terminate in August 2014. The updated study was presented to the City Council on June 171h and was approved for JULY 10, 2014 PAGE 4 T&T COMMISSION first reading. The second reading occurred on July 1 It. The Speed Zone Study recommended the speed limits to remain unchanged based on the 85th percentile except for certain locations including: Brea Canyon Road at Fountain Springs Road to Copper Canyon Drive recommended to be reduced from 45 mph to 40 mph; Diamond Bar Boulevard at Mountain Laurel Way to Grand Avenue to be reduced from 45 mph to 40 mph; Diamond Bar Boulevard at Golden Springs Drive to the SR -60 eastbound ramp reduced from 40 mph to 35 mph; Diamond Bar Boulevard at Highland Valley Road to Temple Avenue reduced from 50 mph to 45 mph; Golden Springs Drive at Lemon Avenue to 900' west of Gona Court increased from 40 mph to 45 mph; Lycoming Street at Lemon Avenue to Brea Canyon, Road reduced from 35 mph to 25 mph; Pathfinder Road at Brea Canyon Road/South Fernhollow Drive to Diamond Bar Boulevard reduced from 45 mph to 40 mph; Via Sorella at Brea Canyon Road to northerly terminus (Institute of Knowledge) to be posted at 35 mph. C/Mok asked if the signals would be recalibrated based on the new speed limits. PWD/Liu responded that it will depend on driver behavior and roadway conditions. In 2015, staff will be looking at the timing at all signalized intersections along the major boulevards to consider the level of service and the efficiency of timing. Staff believes that data can be compiled after the new speed limit signs are in place and become effective on August 15t C/Sulakhe asked how drivers will know about the new speed limits. PWD/Liu responded that there will be a learning curve. In addition, staff will be working with the Public Information Department to get information out via the City's newsletters beginning in August along with the signs being replaced with the new speed limit signs. C/Mok shared that typically, the Sheriff's Department will work with the public by issuing warnings for a certain amount of time before issuing citations. VC/Carrera commented that the various speed limits on Diamond Bar Boulevard appear to be somewhat confusing because it appears the same traffic will be flowing through that area. PWD/Liu responded that when Speed Limit Studies are performed, there are various criteria considered. As an example, Diamond Bar Boulevard speed limits were determined within each segment based on land uses, such as commercial/shopping centers, lane width/geometrics, etc. C. Traffic Signal Battery Backup Project—AE/Malpica reported that the Traffic Development Services, Inc. construction contract for $131,138 was approved by the City Council on June 17th. A pre -construction meeting is scheduled for July 14th and construction for the 30 -day project to install battery back-up systems at 14 additional locations is slated to commence the end of July/beginning of August. JULY 10, 2014 PAGE 5 T&T COMMISSION D. NTMP — Castle Rock Road/Crooked Creek Drive Neighborhood — AE/Malpica stated that the $29,366 Carvajal Truck & Tractor, Inc. construction contract was approved by the City Council on June 17th. The pre -construction meeting is scheduled for July 15th with construction to begin the end of July/early August and be completed by the end of August/early September. The contract includes speed cushions, speed limit signs, centerline striping and parking striping. E. Diamond Bar Boulevard and Kiowa Crest Median Modification Project - AE/Mosley stated that the scope of work for this project is to modify the northbound median along Diamond Bar Boulevard at Kiowa Crest Median for the purpose of improving the line -of -sight. The pre -construction meeting with CT&T, Inc. and other utility agencies is scheduled for July 15th. Once begun, construction is scheduled to be completed within 30 working days. F. Morning Canyon Rehabilitation Project — AE/Mosley indicated that the scope of work includes rehabilitation of the roadway from Diamond Bar Boulevard to Stone Pine as well as, removal of 16 pine trees that are uplifting the pavement/curb and gutter. Staff anticipates letting bids on July 22nd and move forward to award a contract by August 12th. VC/Carrera asked if root barriers will be installed with the new species of trees and AE/Mosely responded affirmatively and said that he is working closely with the Community Services staff to plant less invasive species. G. Lemon Avenue Interchange Project—SCE/Young reported that the project is still in the right-of-way acquisition phase. All appraisals have been completed and all offers have been presented to the affected property owners and minus those who have settled, negotiations continue with the remaining property owners. Staff hopes to have the right-of-way completed by the end of the calendar year. H. Area 2/Zone 1 Road Maintenance Project — SCE/Young stated that this project was started this week with concrete demolition for new curb ramps. Concrete will be poured in the new ADA compliant curb ramps beginning Monday, July 14th. Localized asphalt removal and replacement will also begin next week with the streets that received edge grind and overlay. Next will be the chip seal and slurry seal for completion. During the pre -construction meeting, staff learned that the slurry seal contractor will not be able to complete his portion of the project until after school begins so that work will likely be scheduled for Saturdays to avoid conflict with school traffic. However, a lot of the streets including Mountain Laurel will be completed before school because these are grind and overlay streets. Willow Heights — Diamond Bar Boulevard and Brea Canyon Road (Site D)- SCE/Young reported that mass grading operations continue. She encouraged Commissioners to drive by the site because the walls have all been constructed and mass grading is expected to be completed within the next two JULY 10, 2014 PAGE 6 T&T COMMISSION Cherrydale. All of the residents have been notified of the impending work because their ingress and egress will be impacted but not shut off. The lanes will be reduced to one during work hours only. Staff has received a number of complaints from residents in the Cherrydale neighborhood with respect to noise and construction dust. AQMD has been to the site several times and found the site to be in complete compliance with all air and noise quality regulations. The contractor has been working within the designated hours which are stipulated by the City's Municipal Code of 7:00 a.m. to 7:00 p.m. The contractor has worked a few Saturdays and will be working this coming Saturday; however, as a courtesy to the residents, on Saturdays they do not begin work until 8:00 a.m. even though the code permits a 7:00 a.m. start time. Staff has investigated and addressed all complaints received. IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Mahlke adjourned the meeting at 7:45 p.m. The foregoing minutes are hereby approved this q" day of C006E2- 2014. Respectfully, Davi G. LK, Secretary Attest: h irper n n l` I� CITY COUNCIL Agenda # 6.3 Meeting Date: September 21, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma g TITLE: Ratification of Check Register dat d October 2, 2014 through October 15, 2014 totaling $ 834,087.05 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 834,087.05 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated October 2, 2014 through October 15, 2014 for $ 834,087.05 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. Faq.47021TOMPIM Luisa Allen Accounting Technician REVIEWED BY: Finance Director Attachments: Affidavit and Check Register — 10/2/14 through 10/15/14. 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 October 2, 2014 through October 15, 2014 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Prop A - Transit Fund Prop C - Transit Tax Fund Intergrated Waste Management Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Capital Imp Projects Fund Computer Eq Repl Fund Signed: Dianna Honeywell Finance Director Amount $589,358.43 $3,189.66 $6,542.06 $14,749.45 $14,113.70 $19,089.88 $6,315.15 $178,367.12 2,361.60 $834,087.05 SUNGARD PENTAMATION INC DATE: 10/15/2014 CITY OF DIAMOND BAR TIME: 17:12:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transaCt.Ck_date between '20141002 00:00:00.000' and '20141015 00:00:00.000' ACCOUNTING PERIOD: 4/15 FUND - 001 - GENERAL FUND AMOUNT CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 109641 10/02/14 ACCESSCO ACCESS CONTROL SECURITY 0015333 10100 109641 10/02/14 ACCESSCO ACCESS CONTROL SECURITY 0015333 TOTAL CHECK 0.00 -57.60 10100 109642 10/02/14 ADVANTEC ADVANTEC CONSULTING ENGI 001 10100 109642 10/02/14 ADVANTEC ADVANTEC CONSULTING ENGI 001 10100 109642 10/02/14 ADVANTEC ADVANTEC CONSULTING ENGI 001 10100 109642 10/02/14 ADVANTEC ADVANTEC CONSULTING ENGI 001 10100 109642 10/02/14 ADVANTEC ADVANTEC CONSULTING ENGI 001 10100 109642 10/02/14 ADVANTEC ADVANTEC CONSULTING ENGI 001 TOTAL CHECK 0.00 1,560.54 10100 109643 10/02/14 AFLAC AFLAC 001 10100 109644 10/02/14 ALEXANDE ALEXANDER & LYNN INC 0015350 10100 109644 10/02/14 ALEXANDE ALEXANDER & LYNN INC 0015350 10100 109644 10/02/14 ALEXANDE ALEXANDER & LYNN INC 0015350 TOTAL CHECK 0.00 919.17 10100 109645 10/02/14 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 10100 109645 10/02/14 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 10100 109645 10/02/14 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 TOTAL CHECK 0.00 280.00 10100 109646 10/02/14 ASCE AMERICAN SOCIETY OF CIVI 0015551 10100 109647 10/02/14 ANAGLASS ANAHEIM GLASS INC 0015333 10100 109648 10/02/14 BERNROSI ROSIE BERN 001 10100 109649 10/02/14 BESTLTG BEST LIGHTING PRODUCTS 0014093 10100 109649 10/02/14 BESTLTG BEST LIGHTING PRODUCTS 0014093 TOTAL CHECK 0.00 400.00 10100 109650 10/02/14 BLANCOMA MARIBEL BLANCO 001 10100 109651 10/02/14 BREAUXKA KATHY BREAUX 0015350 10100 109652 10/02/14 CACOMMER CALIFORNIA COMMERCIAL LI 0015333 10100 109652 10/02/14 CACOMMER CALIFORNIA COMMERCIAL LI 0015333 TOTAL CHECK 0.00 1,000.00 10100 109653 10/02/14 CANNINGH CANNING HUNGER INC 001 10100 109654 10/02/14 CAREFORT CARE FOR THE CHILDREN 001 10100 109655 10/02/14 CTTINC CARVAJAL TRUCKING & TRAC 250 10100 109655 10/02/14 CTTINC CARVA.TAL TRUCKING & TRAC 2505510 TOTAL CHECK 0.00 2,361.60 10100 109656 10/02/14 CELLULAR CELLULAR ACCESSORIES FOR 5304070 PAGE NUMBER: 1 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT DIAMOND BAR CENTER SEC 0.00 1,132.88 DIAMOND BAR CENTER SEC 0.00 1,343.55 0.00 2,476.43 SOILS/MISC 0.00 -57.60 SOILS/MISC 0.00 -54.00 ADMIN FEE 18% 0.00 54.00 ADMIN FEE 18% 0.00 57.60 TRAFFIC PLAN REVIEW 0.00 300.00 TRAFFIC PLAN REVIEW 0.00 320.00 0.00 620.00 SUPT INS PREM 09/2014 0.00 1,560.54 CONTRACT CLASS INSTRUC 0.00 243.00 CONTRACT CLASS INSTRUC 0.00 297.00 CONTRACT CLASS INSTRUC 0.00 513.00 0.00 1,053.00 CROSSING GUARD SERVICE 0.00 919.17 CROSSING GUARD SERVICE 0.00 6,696.81 CROSSING GUARD SERVICE 0.00 7,440.90 0.00 15,056.88 MEMBERSHIP -YOUNG K. 0.00 280.00 ACRYLLIC INSTALL DHC 0.00 45.36 RECREATION REFUND 0.00 35.00 LIGHTING SUPPLIES C/H 0.00 33.90 SEP SERVICES 0.00 85.00 0.00 118.90 REFUND DEPOSIT 0.00 400.00 CONTRACT CLASS INSTRUC 0.00 176.40 LIGHTING SUPPLIES DBC- 0.00 299.76 LIGHTING SUPPLIES DEC 0.00 686.70 0.00 966.46 REFUND -PR 2014-3531 0.00 1,000.00 REFUND -PR 2014-3637 0.00 1,000.00 5% RETENTION 0.00 -1,761.12 CONSTRUCTION CONTRACT 0.00 35,222.30 0.00 33,461.18 SATELLITE PHONES 0.00 2,361.60 SUNGARD PENTAMATION INC DATE: 10/15/2014 CITY OF DIAMOND BAR TIME: 17:12:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tTansact.ck_date between '20141002 00:00:00.000' and '20141015 00:00:00.000' ACCOUNTING PERIOD: 4/15 FUND - 001 - GENERAL FUND AMOUNT SUMMER ADULT EXCURSION CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 109657 10/02/14 CERTITRA CERTIFIED TRANSPORTATION 1125350 10100 109658 10/02/14 CHANPRAC TRACY CHAN 001 10100 109659 10/02/14 CONTEDGA EDGAR CONTRERAS 001 10100 109659 10/02/14 CONTEDGA EDGAR CONTRERAS 001 10100 109659 10/02/14 CONTEDGA EDGAR CONTRERAS 001 TOTAL CHECK 107.92 P&R COMM MEETING 9/25 0.00 10100 109660 10/02/14 COFLADPW COUNTY OF LOS ANGELES 0015510 10100 109661 10/02/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015551 10100 109662 10/02/14 GRUNDYDA DAVID J. GRUNDY 0015350 10100 109663 10/02/14 DELTACAR DELTA CARE PMI 001 10100 109664 10/02/14 DELTADEN DELTA DENTAL 001 10100 109665 10/02/14 DENNISCA CAROL A DENNIS 0015310 10100 109666 10/02/14 DHMAINTE DH MAINTENANCE 0015340 10100 109666 10/02/14 DHMAINTE DH MAINTENANCE 0015333 10100 109666 10/02/14 DHMAINTE DH MAINTENANCE 0014093 10100 109666 10/02/14 DHMAINTE DH MAINTENANCE 0015340 TOTAL CHECK DISPENSER BAGS 0.00 10100 109667 10/02/14 DIANACHO DIANA CHO & ASSOCIATES 2505510 10100 109668 10/02/14 DIRKSJES JESSICA DIRKS 001 10100 109668 10/02/14 DIRKSJES JESSICA DIRKS 001 TOTAL CHECK 18.11 E/MAIL-FPL 14-382 0.00 10100 109669 10/02/14 DOGGIEWA DOGGIE WALK BAGS INC 0015340 10100 109670 10/02/14 DOPPERTK KAROLA DOPPERT 001 10100 109671 10/02/14 EVANSBEL BELIA EVANS 001 10100 109672 10/02/14 EXPRESSM EXPRESS MAIL CORPORATE A 0014090 10100 109672 10/02/14 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 109672 10/02/14 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 109672 10/02/14 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 109672 10/02/14 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 109672 10/02/14 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 109672 10/02/14 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 109672 10/02/14 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 109672 10/02/14 EXPRESSM EXPRESS MAIL CORPORATE A 001 TOTAL CHECK 10100 109673 10/02/14 FEDEX FEDEX 001 10100 109673 10/02/14 FEDEX FEDEX 001 PAGE NUMBER: 2 ACCTPA21 -----DESCRIPTION- -- SALES TAX AMOUNT SUMMER ADULT EXCURSION 0.00 780.83 REC CLASS REFUND 0.00 75.00 FACILITY CHRGS-DBC 0.00 -17.00 FACILITY REFUND -DBC 0.00 3.15 FACILITY REFUND -DSC 0.00 600.00 0.00 586.15 INDUSTRIAL WASTE CONTR 0.00 2,777.99 LEMON AVENUE/SR-60 INT 0.00 107.92 P&R COMM MEETING 9/25 0.00 45.00 OCT 2014 HMO DENTAL 0.00 320.45 OCT 2014 PPO DENTAL 0.00 4,387.57 MINUTE SECRETARIAL SER 0.00 150.00 "AS -NEEDED" JANITORIAL 0.00 150.00 "AS -NEEDED" JANITORIAL 0.00 300.00 "AS -NEEDED" JANITORIAL 0.00 300.00 "AS -NEEDED" JANITORIAL 0.00 400.00 0.00 1,150.00 CDBG ADMINISTRATIVE SE 0.00 1,804.00 RBC DEPOSIT REFUND 0.00 200.00 INSURANCE FEE REFUND 0.00 2.32 0.00 202.32 DISPENSER BAGS 0.00 1,362.50 RECREATION REFUND 0.00 35.00 RECREATION REFUND 0.00 100.00 EXPRESS MAIL -GENERAL 0.00 15.94 E/MAIL-FPL 14-382 0.00 18.11 E/MAIL-FPL 14-382 0.00 16.11 E/MAIL-FPL 14-382 0.00 18.11 1004 PARK SPRING 0.00 18.11 23502 GRAND RIM 0.00 18.11 23502 GRAND RIM 0.00 18.11 DR PL2014-301 0.00 18.11 DR PL2014-301 0.00 18.11 0.00 160.82 EXP MAIL -FPL 2012-454 0.00 32.37 EXP MAIL -FPL 2011-515 0.00 32.37 SUNGARD PENTAMATION INC PAGE NUMBER: 3 DATE: 10/15/2014 CITY OF DIAMOND BAR ACCTPA21 TIME: 17:12:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141002 00:00:00.000' and '20141015 00:00:00.000' ACCOUNTING PERIOD: 4/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 109673 10/02/14 FEDEX FEDEX 0014090 EXPRESS MAIL-GENERAL 0.00 - 80.30 TOTAL CHECK 0.00 145.04 10100 109674 10/02/14 GARTZKED DORRIE GARTZKE 001 RED ACTIVITY REFUND 0.00 35.00 10100 109675 10/02/14 GATEWAYC GATEWAY CORPORATE CENTER 0014093 CAPITAL CONTRIBUTION 0.00 184.00 10100 109675 10/02/14 GATEWAYC GATEWAY CORPORATE CENTER 0014093 ASSOCIATION DUES 0.00 1,601.00 TOTAL CHECK 0.00 1,785.00 10100 109676 10/02/14 GFBFRIED GFH FRIEDRICH & ASSOCIAT 1385538 PROF.SVCS-LLAD #38 0.00 1,707.37 10100 109676 10/02/14 GFBFRIED GFH FRIEDRICH & ASSOCIAT 1395539 PROF.SVCS-LLAD #39 0.00 1,909.76 10100 109676 10/02/14 GFBFRIED GFB FRIEDRICH & ASSOCIAT 1415541 PROF.SVCS-LLAD #41 0.00 1,909.76 TOTAL CHECK 0.00 5,526.89 10100 109677 10/02/14 GLENNSRE GLENN'S REFRIGERATION CO 0015333 SERVICE DBC REFRIG 0.00 215.00 10100 109678 10/02/14 GOPINPRI PRIYA GOPINATH 001 REC ACTIVITY REFUND 0.00 69.00 10100 109679 10/02/14 GRAFFITI. GRAFFITI CONTROL SYSTEMS 0015230 GRAFFITI REMOVAL SERVI 0.00 3,294.00 10100 109680 10/02/14 HERNDONL LEW HERNDON 0015350 P&R COMM MEETING 9/25 0.00 45.00 10100 109681 10/02/14 HIROSEJE JEFFREY HIROSE 0015350 CONTRACT CLASS INSTRUC 0.00 96.00 10100 109681 10/02/14 HIROSEJE JEFFREY HIROSE 0015350 CONTRACT CLASS INSTRUC 0.00 144.00 10100 109681 10/02/14 HIROSEJE JEFFREY HIROSE 0015350 CONTRACT CLASS INSTRUC 0.00 240.00 TOTAL CHECK 0.00 480.00 10100 109682 10/02/14 HSIEHKIM KIM HSIEH 0015350 P&R COMM MEETING 9/25 0.00 45.00 10100 109663 10/02/14 IVDB INLAND VALLEY DAILY BULL 0014030 LEGAL AD PUBLIC HEAR 0.00 174.40 10100 109683 10/02/14 IVDB INLAND VALLEY DAILY BULL 001 LEGAL AD 2014-381 0.00 507.98 10100 109663 10/02/14 IVDB INLAND VALLEY DAILY BULL 001 LEGAL AD FPL 2014-301 0.00 485.48 10100 109683 10/02/14 IVDB INLAND VALLEY DAILY BULL 001 LEGAL AD FPL 2013-221 0.00 445.44 10100 109683 10/02/14 IVDB INLAND VALLEY DAILY BULL 001 LEGAL AD FPL 2014-328 0.00 457.76 10100 109683 10/02/14 IVDB INLAND VALLEY DAILY BULL 001 LEGAL AD FPL 2014-382 0.00 540.92 TOTAL CHECK - 0.00 2,611.98 10100 109684 10/02/14 ICSC INT'L COUNCIL OF SHOPPIN 0014096 ANNUAL MEMBERSHIP 0.00 50.00 10100 109685 10/02/14 IZQUIERG GEORGE IZQUIERDO 001 REC ACTIVITY REFUND 0.00 260.00 10100 109686 10/02/14 KAVANAUG KATIE KAVANAUGH 001 REC ACTIVITY REFUND 0.00 75.00 10100 109687 10/02/14 KOSASIHN NATALIA KOSASIH 001 REC FACILITY REFUND 0.00 50.00 10100 109688 10/02/14 KWANHATA JENNY KWAN-HATA 001 REC ACTIVITY REFUND 0.00 52.00 10100 109689 10/02/14 KWONKIDO KI DONG KWON 001 RBC ACTIVITY REFUND 0.00 84.00 10100 109690 10/02/14 LANDSTRU LANDSCAPE STRUCTURES INC 0015340 LG SAIL COOLTOPPERS 0.00 1,341.25 10100 109691 10/02/14 LEAHYMEL MELANIE LEAHY 001 REC FACILITY REFUND 0.00 50.00 SUNGARD PENTAMATION INC PAGE NUMBER: 4 DATE: 10/15/2014 CITY OF DIAMOND BAR ACCTPA21 TIME: 17:12:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141002 00:00:00.000' and '20141015 00:00:00.000' ACCOUNTING PERIOD: 4/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 109692 10/02/14 DBDELI AGADA LEE 0014090 SHERIFF BOOSTER MEET 0.00 109.33 10100 109693 10/02/14 LEEHAWK HAWK LEE - 001 REC ACTIVITY REFUND 0.00 75.00 10100 109694 10/02/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE 180 0.00 70.38 10100 109694 10/02/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 SOILS/MISC 0.00 -283.23 10100 109694 10/02/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 SOILS/MISC 0.00 -186.93 10100 109694 10/02/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 SOILS/MISC 0.00 -135.90 10100 109694 10/02/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 SOILS/MISC 0.00 -70.38 10100 109694 10/02/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 GEOTCH REVIEW 0.00 1,573.50 10100 109694 10/02/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 GEOTECH REVIEW 0.00 1,038.50 10100 109694 10/02/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 GEOTECH REVIEW 0.00 755.00 10100 109694 10/02/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE 180 0.00 186.93 10100 109694 10/02/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE 180 0.00 - 135.90 10100 109694 10/02/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE 18% 0.00 283.23 10100 109694 10/02/14 LEIGHTON LEIGHTON & ASSOCIATES, I 001 GEOTECH REVIEW 0.00 391.00 TOTAL CHECK 0.00 3,758.00 10100 109695 10/02/14 LIANGBEN BENNY LIANG 0015350 P&R COMM MEETING 9/25 0.00 45.00 10100 109696 10/02/14 LICONJUD JUDY LICON 001 REC FACILITY REFUND 0.00 150.00 10100 109696 10/02/14 LICONJUD JUDY LICON 001 REC FACILITY REFUND 0.00 523.73 TOTAL CHECK 0.00 673.73 10100 109697 10/02/14 LILLIECO CONSTANCE J LILLIE 0015350 CONTRACT CLASS INSTRUC 0.00 75.00 10100 109697 10/02/14 LILLIECO CONSTANCE J LILLIE 0015350 CONTRACT CLASS INSTRUC 0.00 163.20 10100 109697 10/02/14 LILLIECO CONSTANCE J LILLIE 0015350 CONTRACT CLASS INSTRUC 0.00 180.60 TOTAL CHECK 0.00 418.80 10100 109698 10/02/14 LINMICHA. MICHAEL LIN 001 REC ACTIVITY REFUND 0.00 70.00 10100 109699 10/02/14 LOPEZALF ALFA LOPEZ 001 REC ACTIVITY REFUND 0.00 97.00 10100 109700 10/02/14 LOPEZJUD JUDE LOPEZ 001 REC FACILITY REFUND 0.00 800.00 10100 109701 10/02/14 LORIAGIN GINA LORIA 001 REC ACTIVITY REFUND 0.00 70.00 10100 109702 10/02/14 LACPUBWK LOS ANGELES COUNTY PUBLI 0015510 INDUSTRIAL WASTE SERVI 0.00 664.73 10100 109702 10/02/14 LACPUBWK LOS ANGELES COUNTY PUBLI 0015510 INDUSTRIAL WASTE SERVI 0.00 4,794.30 TOTAL CHECK 0.00 5,459.03 10100 .109703 10/02/14 MAEMILY EMILY MA 001 FACILITY REFUND -DBC 0.00 500.00 10100 109704 10/02/14 MANAGEDH MANAGED HEALTH NETWORK 001 OCT 2014 EAP PREMIUM 0.00 165.88 10100 109705 10/02/14 MARTINRA RAMON MARTINEZ 001 REC FACILITY REFUND 0.00 100.00 10100 109705 10/02/14 MARTINRA RAMON MARTINEZ 001 REC FACILITY REFUND 0.00 2.32 TOTAL CHECK 0.00 102.32 10100. 109706 10/02/14 MAWHORJU JULIE MAWHORTER 001 AEC ACTIVITY REFUND 0.00 75.00 SUNGARD PENTAMATION INC PAGE NUMBER: S DATE: 10/15/2014 - CITY OF DIAMOND BAR ACCTPA21 TIME: 17:12:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141002 00:00:00.000' and '20141015 00:00:00.000' ACCOUNTING PERIOD: 4/15 FUND - 001 - GENERAL FUND VEGETATION CONTROL SER CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 109707 10/02/14 MCECORPO MCE CORPORATION 0015554 10100 109707 10/02/14 MCECORPO MCE CORPORATION 0015558 TOTAL CHECK REPEATER SVC OCT 2014 0.00 10100 109708 10/02/14 MENDDANN DANNY MENDOZA 001 10100 109708 10/02/14 MENDDANN DANNY MENDOZA 001 10100 109708 10/02/14 MENDDANN DANNY MENDOZA 001 TOTAL CHECK 0.00 10100 109709 10/02/14 MILLERCO MILLER CONSTRUCTION MANA 001 10100 109710 10/02/14 MOBILERE MOBILE RELAY ASSOCIATES 0014440 10100 109711 10/02/14 MOKMUITE MUI TEH MOR 001 10100 109712 10/02/14 NGUYENCA CATHERINE NGUYEN 001 10100 109713 10/02/14 OWENSTED TED OWENS 0015350 10100 109714 10/02/14 PALOMINO MANUEL PALOMINO 001 10100 109715 10/02/14 PERSHEAL PERS HEALTH 0014060 10100 109715 10/02/14 PERSHEAL PERS HEALTH 0014090 10100 109715 10/02/14 PERSHEAL PERS HEALTH 001 TOTAL CHECK 10100 109716 10/02/14 PSI PROTECTION ONE INC 0015340 10100 109716 10/02/14 -PSI PROTECTION ONE INC 0015333 10100 109716 10/02/14 PSI PROTECTION ONE INC 0015340 TOTAL CHECK 10100 109717 10/02/14 PULIDOMA MARIA PULIDO 001 10100 109718 10/02/14 REINADER DERRICK REINA 001 10100 109719 10/02/14 RELIABLE RELIABLE IT 0014070 10100 109719 10/02/14 RELIABLE RELIABLE IT 0014070 TOTAL CHECK 10100 109720 10/02/14 RIGGINSS SIERRA BIGGINS 001 10100 109721 10/02/14 RKACONSU RNA CONSULTING GROUP 0015551 10100 109721 10/02/14 RKACONSU RKA CONSULTING GROUP 0015510 TOTAL CHECK 10100 109722 10/02/14 SCHORRME SCHORR METALS INC 0014093 10100 109723 10/02/14 SHAHASHR ASHAR SHAH 001 10100 109723 10/02/14 SHAHASHR ASHAR SHAH 001 TOTAL CHECK 10100 109724 10/02/14 SIEMENS SIEMENS INDUSTRY INC 0015554 -----DESCRIPTION---- SALES TAX RIGHT OF WAY MAINTENAN 0.00 VEGETATION CONTROL SER 0.00 0.00 REC FACILITY REFUND 0.00 REC FACILITY REFUND 0.00 REC FACILITY REFUND 0.00 0.00 REFUND OF DEP ACCT 0.00 REPEATER SVC OCT 2014 0.00 REC ACTIVITY REFUND 0.00 AEC FACILITY REFUND 0.00 P&R COMM MEETING 9/25 0.00 REC FACILITY REFUND 0.00 OCT 2014 ADMIN FEE 0.00 OCT 2014 RETIREE INS 0.00 OCT 2014 HEALTH INS 0.00 0.00 ALARM SERVICES FOR DEC 0.00 ALARM SERVICES FOR DEC 0.00 ALARM SERVICES FOR DEC 0.00 0.00 REC FACILITY REFUND 0.00 REC FACILITY REFUND 0.00 TPV SERVICES 0.00 TWC/WINDSTREAM REVIEW 0.00 0.00 REC ACTIVITY REFUND 0.00 LAND DEVELOPMENT PROSE 0.00 FED FUNDING COMP SVCS 0.00 0.00 REPAIR SVCS-C/HALL 0.00 FACILITY REFUND-REAGA 0.00 FACILITY REFUND-REAGA 0.00 0.00 T/SIGNAL MAINT-DBB/TP 0.00 u�G 1,989.92 8,384.82 10,374.74 40.00 190.80 500.00 730.80 2,059.78 78.75 70.00 550.00 45.00 500.00 149.83 595.00 40,857.20 41,602.03 41.50 69.76 136.26 247.52 900.00 50.00 775.00 525.00 1,300.00 35.00 8,400.00 1,311.40 9,711.40 79.91 50.00 2.32 52.32 1,400.00 SUNGARD PENTAMATION INC DATE: 10/15/2014 CITY OF DIAMOND BAR TIME: 17:12:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141002 00:00:00.000' and '20141015 00:00:00.000' ACCOUNTING PERIOD: 4/15 FUND - 001 - GENERAL FUND AMOUNT T/SIGNAL MAINT-AUG CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 109724 10/02/14 SIEMENS SIEMENS INDUSTRY INC 0015554 10100 109724 10/02/14 SIEMENS SIEMENS INDUSTRY INC 0015554 TOTAL CHECK FACILITY REFUND -DBC 0.00 81.00 10100 109725 10/02/14 SOCIALVO SOCIAL VOCATIONAL SERVIC 0015556 10100 109726 10/02/14 SOOFISHA SHARIF SCOFI 001 10100 109726 10/02/14 SOOFISHA SHARIF SOOFI 001 10100 109726 10/02/14 SOOFISHA SHARIF SOOFI 001 TOTAL CHECK ELECT SVCS-T/CONTROL 0.00 249.75 10100 109727 10/02/14 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 109727 10/02/14 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 109727 10/02/14 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 109727 10/02/14 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 109727 10/02/14 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 109727 10/02/14 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 109727 10/02/14 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 109727 10/02/14 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 109727 10/02/14 SCE SOUTHERN CALIFORNIA EDIS 1365538 TOTAL CHECK LEGAL AD -FPL 14-362 0.00 539.92 10100 109728 10/02/14 STANDARD STANDARD INSURANCE OF OR 001 10100 109728 10/02/14 STANDARD STANDARD INSURANCE OF OR 001 10100 109728 10/02/14 STANDARD STANDARD INSURANCE OF OR 001 TOTAL CHECK LEGAL AD-P/HEARING 0.00 10100 109729 10/02/14 SGVT THE SAN GABRIEL VALLEY N 001 10100 109729 10/02/14 SGVT THE SAN GABRIEL VALLEY N 001 10100 109729 10/02/14 SGVT THE SAN GABRIEL VALLEY N 001 10100 109729 10/02/14 SGVT THE SAN GABRIEL VALLEY N 001 10100 109729 10/02/14 SGVT THE SAN GABRIEL VALLEY N 001 10100 109729 10/02/14 SGVT THE SAN GABRIEL VALLEY N 0014030 TOTAL CHECK 0.00 50.00 10100 109730 10/02/14 ADELPHIA TIME WARNER CABLE 0014070 10100 109731 10/02/14 TRICITIE TRI -CITIES POOL SERVICE 0015333 10100 109732 10/02/14 USBANK US BANK 0014050 10100 109733 10/02/14 VALLEYCR VALLEY CREST LANDSCAPE M 0015340 10100 109733 10/02/14 VALLEYCR VALLEY CREST LANDSCAPE M 0015340 TOTAL CHECK 10100 109734 10/02/14 VASQCYNT CYNTHIA VASQUEZ 001 10100 109735 10/02/14 VSP VISION SERVICE PLAN 001 10100 109736 10/02/14 GRAINGER W.W. GRAINGER INC. 0015333 10100 109737 10/02/14 WAXIESAN WAXIE SANITARY SUPPLY 0015333 PAGE NUMBER: 6 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT T/SIGNAL MAINT-AUG 0.00 4,102.00 T/SIGNAL MAINT-AUG 0.00 6,915.37 - 0.00 12,417.37 LITTER REMOVAL -AUG 0.00 1,982.76 FACILITY REFUND -DBC 0.00 81.00 FACILITY REFUND -DBC 0.00 100.00 FACILITY REFUND -DBC 0.00 610.00 0.00 791.00 ELECT SVCS-T/CONTROL 0.00 596.05 ELECT SVCS-T/CONTROL 0.00 - 166.75 ELECT SVCS-T/CONTROL 0.00 249.75 ELECT SVCS-T/CONTROL 0.00 257.88 ELECT SVCS-T/CONTROL 0.00 323.75 ELECT SVCS-T/CONTROL 0.00 414.08 ELECT SVCS-T/CONTROL 0.00 395.02 ELECT SVCS-T/CONTROL 0.00 126.22 ELECT SVCS -DIST 38 0.00 28.02 0.00 2,561.52 OCT 14-SU11P LIFE INS 0.00 399.00 OCT 14 -LIFE INS PREM 0.00 1,011.75 OCT 24-STD/LTD 0.00 2,080.64 0.00 3,491.39 LEGAL AD -FPL 14-362 0.00 539.92 LEGAL AD -FPL 13-221 0.00 479.20 LEGAL AD -FPL 14-328 0.00 479.20 LEGAL AD -FPL 14-381 0.00 484.72 LEGAL AD -FPL 14-301 0.00 517.84 LEGAL AD-P/HEARING 0.00 230.80 0.00 2,731.68 INTERNET SVCS -T -LOMB 0.00 950.00 FOUNTAIN MAINT-SEPT 0.00 160.00 CITY CREDIT CARD -SEPT 0.00 25,236..78 ADDL MAINT-PAUL GROW 0.00 461.68 ADDL MAINT-REAGAN PK 0.00 747.32 0.00 1,209.00 FACILITY REFUND-PTRSN 0.00 50.00 VISION PREMIUM -OCT 14 0.00 1,657.53 DEC SUPPLIES 0.00 109.11 SUPPLIES -DHC 0.00 649.64 SUNGARD PENT AMA TION INC - DATE: 10/15/2014 CITY OF DIAMOND BAR TIME: 17:12:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141002 00:00:00.000' and '20141015 00:00:00.000' ACCOUNTING PERIOD: 4/15 FUND - 001 - GENERAL FUND 10/09/14 ARCIMAGI CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 109737 10/02/14 WAXIESAN WAXIE SANITARY SUPPLY 0014093 10100 109737 10/02/14 WAXIESAN WAXIE SANITARY SUPPLY 0014093 TOTAL CHECK 0014010 TOTAL CHECK 1,534.65 10100 109738 10/02/14 WESTCOAS WEST COAST ARBORISTS INC 0015558 10100 109738 10/02/14 WESTCOAS WEST COAST ARBORISTS INC 0015558 TOTAL CHECK 0014020 10100 109752 10/09/14 10100 109739 10/02/14 WILLDANG WILLDAN GEOTECHNICAL 001 10100 109739 10/02/14 WILLDANG WILLDAN GEOTECHNICAL 001 10100 109739 10/02/14 WILLDANG WILLDAN GEOTECHNICAL 001 TOTAL CHECK 001 10100 109753 10/09/14 10100 109740 10/02/14 WILLMICH MICHELLE WILLIAMS 001 10100 109741 10/02/14 WONGTHOM THOMAS WONG 0015350 10100 109742 10/02/14 ZAMORAST STEPHANIE ZAMORA 001 10100 109743 10/09/14 AARP AARP 0015350 10100 109744 10/09/14 ACSI ACSI 001 10100 109745 10/09/14 AMERICOM AMERICOMP GROUP 0014070 10100 109746 10/09/14 AMERITEC AMERITECH BUSINESS SYSTE 0014090 10100 109747 10/09/14 APA APA 0015210 10100 109748 10/09/14 ARAMARK ARAMARK WORK APPAREL & U 0015340 10100 109748 10/09/14 ARAMARK ARAMARK WORK APPAREL & U 0015340 TOTAL CHECK 10100 109749 10/09/14 ARCIMAGI ARC IMAGING RESOURCES 0014070 10100 109750 10/09/14 BEEREMOV BEE REMOVERS 1395539 10100 109751 10/09/14 CITYOFNO CITY OF NORWALK 0014010 10100 109751 V 10/09/14 CITYOFNO CITY OF NORWALK 0014010 TOTAL CHECK 1,534.65 0.00 10100 109752 10/09/14 DAPEERRO DAPEER ROSENBLIT & LITVA 0014020 10100 109752 10/09/14 DAPEERRO DAPEER ROSENBLIT & LITVA 0014020 10100 109752 10/09/14 DAPEERRO DAPEER ROSENBLIT& LITVA 0014020 10100 109752 10/09/14 DAPEERRO DABBER ROSENBLIT & LITVA 0014020 TOTAL CHECK 100.00 CONTRACT CLASS -FALL 0.00 10100 109753 10/09/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 109753 10/09/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 109753 10/09/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 109753 10/09/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 109753 10/09/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PAGE NUMBER: 7 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT SUPPLIES-C/HALL 0.00 762.52 SUPPLIES-C/HALL 0.00 12.20 0.00 1,424.36 WATERING MAINT-AUG 14 0.00 1,048.50 TREE MAINT-AUG 14 0.00 1,534.65 0.00 2,583.15 ADMIN FEE-PR13-1687 0.00 -66.60 ADMIN FEE-PR13-1687 0.00 66.60 PROF.SVCS-PR13-1687 0.00 370.00 0.00 370.00 FACILITY REFUND -DBC 0.00 100.00 CONTRACT CLASS -FALL 0.00 480.00 RECREATION REFUND 0.00 69.00 AARP MATURE DRIVING 0.00 60.00 CHARGES-C.VARGAS 0.00 90.44 PRINTER TONERS 0.00 304.10 COPIER MAINT-SEPT 0.00 1,248.76 MEMBERSHIP DUES-GUBMN 0.00 670.00 STAFF SHIRTS -PARKS 0.00 768.86 STAFF SHIRTS -PARKS 0.00 1,324.45 0.00 2,093.31 PRINTER MAINT-I.T. 0.00 20.95 BEE REMOVAL -STARDUST 0.00 115.00 MTC -COUNCIL 0.00 25.00 MTG-COUNCIL 0.00 -25.00 0.00 0.00 LEGAL SVCS-MCCABE 0.00 41.00 LEGAL SVCS-DECORAH 0.00 341.37 LEGAL SVCS -SHELL STN 0.00 5,239.87 LEGAL SVCS -AUG 14 0.00 11,024.90 0.00 16,647.14 ADMIN FEE -FPL 12-479 0.00 -118.44 ADMIN FEE -FPL 10-385 0.00 -103.05 ADMIN FEE -FPL 02-09 0.00 -52.20 ADMIN FEE -FPL 02-09 0.00 52.20 ADMIN FEE -FPL 13-229 0.00 -531.90 SUNGARD PENTAMATION INC DATE: 10/15/2014 CITY OF DIAMOND BAR TIME: 17:12:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: traasact.ck_date between '20141002 00:00:00.000' and '20141015 00:00:00.000' ACCOUNTING PERIOD: 4/15 FUND - 001 - GENERAL FUND AMOUNT ADMIN FEE -FPL 12-479 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 109753 10/09/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 109753 10/09/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 109753 10/09/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 109753 10/09/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 109753 10/09/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 109753 10/09/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 109753 10/09/14 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 TOTAL CHECK 0.00 2,290.87 10100 109754 10/09/14 DAYNITEC DAY & NITE COPY CENTER 0015310 10100 109754 10/09/14 DAYNITEC DAY & NITE COPY CENTER 0015220 TOTAL CHECK - 250.00 LASERFICHE SOFTWARE 0.00 10100 109755 10/09/14 DENNISCA CAROL A DENNIS 0014030 10100 109756 10/09/14 DUNCANDI DIANA DUNCAN 0015350 10100 109757 10/09/14 DURANFRE FREE) DURAN 0015350 10100 109758 10/09/14 ECSIMAGI ECS IMAGING INC 0014030 10100 109759 10/09/14 EMBASSYS EMBASSY SUITES 0015230 10100 109760 10/09/14 EMBASSYS EMBASSY SUITES 0015230 10100 109761 10/09/14 EMERALD EMERALD LANDSCAPE SERVIC 0014093 10100 109762 10/09/14 EXCELLAN EXCEL LANDSCAPE INC 0015340 10100 109762 10/09/14 EXCELLAN EXCEL LANDSCAPE INC 1415541 10100 109762 10/09/14 EXCELLAN EXCEL LANDSCAPE INC 1395539 10100 109762 10/09/14 EXCELLAN EXCEL LANDSCAPE INC 1385538 TOTAL CHECK RODENT CONTROL-C/HALL 0.00 65.00 10100 109763 10/09/14 EXTERMIN EXTERMINETICS OF SO CAL 0015340 10100 109763 10/09/14 EXTERMIN EXTERMINETICS OF SO CAL 0015340 10100 109763 10/09/14 EXTERMIN EXTERMINETICS OF SO CAL 0015333 10100 109763 10/09/14 EXTERMIN EXTERMINETICS OF SO CAL 0015340 10100 109763 10/09/14 EXTERMIN EXTERMINETICS OF SO CAL 0014093 10100 109763 10/09/14 EXTERMIN EXTERMINETICS OF SO CAL 0014093 10100 109763 10/09/14 EXTERMIN EXTERMINETICS OF SO CAL 0015333 TOTAL CHECK 140,851.94 10100 109764 10/09/14 FUNEXPRE FUN EXPRESS LLC 0015350 10100 109765 10/09/14 GOHARSHA SHADY GOHAR 001 10100 109766 10/09/14 GREENBUI GREEN BUILDING CORPORATI 2505310 10100 109766 10/09/14 GREENBUI GREEN BUILDING CORPORATI 2505310 10100 109766 10/09/14 GREENBUI GREEN BUILDING CORPORATI 250 10100 109766 10/09/14 GREENBUI GREEN BUILDING CORPORATI 250 TOTAL CHECK PAGE NUMBER: 8 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT ADMIN FEE -FPL 12-479 0.00 118.44 ADMIN FEE -FPL 10-385 0.00 103.05 PROF.SVCS-FPL 02-09 0.00 290.00 PROF.SVCS-FPL 13-229 0.00 2,955.00 ADMIN FEE -FPL 13-229 0.00 531.90 PROFS.VCS-FPL 10-385 0.00 572.50 PROF.SVCS-FPL 12-479 0.00 658.00 0.00 4,475.50 PRINT SVCS -COMM SVCS 0.00 632.20 PRINT SVCS-B/S PERMIT 0.00 1,658.67 0.00 2,290.87 MTG-MILLENNIUM PROS 0.00 250.00 EXCURSION -TINY TOTS 0.00 375.00 DEPOSIT-SCH DANCE 0.00 - 250.00 LASERFICHE SOFTWARE 0.00 37,912.50 CACEO CONF-FLACKS 0.00 506.86 CACEO CONF-FREIHOLTZ 0.00 506.86 LANDSCAPE SVCS-C/BALL 0.00 888.00 LANDSCAPE MAINT-PARK 0.00 325.00 LANDSCAPE MAINT-#41 0.00 4,143.87 LANDSCAPE MAINT-#39 0.00 11,610.95 LANDSCAPE MAINT-#38 0.00 11,718.00 0.00 27,797.82 PEST CONTROL-PANTERA 0.00 30.00 PEST CONTROL -HERITAGE 0.00 40.00 PEST CONTROL -DBC 0.00 40.00 PEST CONTROL -PETERSON 0.00 50.00 PEST CONTROL-C/HALL 0.00. 50.00 RODENT CONTROL-C/HALL 0.00 65.00 PEST CONTROL -DBC 0.00 75.00 0.00 350.00 SUPPLIES -FALL FUN FES 0.00 647.97 RECREATION REFUND 0.00 97..00 GRANDVIEW TRAIL CONST. 0.00 46,270.94 GRANDVIEW TRAIL CONST. 0.00 101,994.26 RETENTION PAYABLE 0.00 -3,706.63 RETENTION PAYABLE 0.00 -3,706.63 0.00 140,851.94 SUNGARD PENTAMATION INC PAGE NUMBER: 9 DATE: 10/15/2014 CITY OF DIAMOND BAR ACCTPA21 TIME: 17:12:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141002 00:00:00.000' and '20141015 00:00:00.000' ACCOUNTING PERIOD: 4/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 109767 10/09/14 HAIMOVIC HANAN HAIMOVICH 001 RECREATION REFUND 0.00 25.00 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR14-2548 0.00 -72.90 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR14-2548 0.00 18.23 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR14-2548 0.00 -18.23 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE-PR14-2548 0.00 72.90 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN CHECK 0.00 63.22 10100 109768 .10/09/14 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN CHECK 0.00 63.23 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 0015510 PROF.SVCS-INSPECTION 0.00 164.03 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 0015510 PROF.SVCS-INSPECTIONS 0.00 210.00 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 0015510 PROF.SVCS-INSPECTIONS 0.00 5,838.75 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 0015510 PROF.SVCS-INSPECTIONS 0.00 2,452.49 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 2505510 PROF.SVCS-DBB/KIOWA 0.00 1,500.00 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PR14-2548 0.00 101.25 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PR14-2548 0.00 405.00 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-MAP REV 0.00 288.82 10100 109768 10/09/14 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-GRADING 0.00 303.75 TOTAL CHECK 0.00 11,390.54 10100 109769 10/09/14 HOMEDEPO HOME DEPOT CREDIT SERVIC 0014093 SUPPLIES -CITY HALL 0.00 346.85 10100 109769 10/09/14 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015333 SUPPLIES -DBC 0.00 242.41 TOTAL CHECK 0.00 589.26 10100 109770 10/09/14 TKEENGIN ICG INC 2505310 DESIGN SVCS-GRANDVIEW 0.00 750.00 10100 109771 10/09/14 INLANDEM INLAND EMPIRE STAGES 1125350 TEEN EXCURSION 0.00 775.00 10100 109772 10/09/14 KENSHARD KENS HARDWARE 0015554 SUPPLIES -RD MAINT 0.00 108.99 10100 109772 10/09/14 KENSHARD KENS HARDWARE 0015554 SUPPLIES -RD MAINT 0.00 129.65 10100 109772 10/09/14 KENSHARD KENS HARDWARE 0015554 SUPPLIES -RD MAINT 0.00 150.92 TOTAL CHECK 0.00 389.56 10100 109773 10/09/14 KEYSERMA KEYSER MARSTON ASSOCIATE 0014096 CONSULTING SVCS -SEPT 0.00 9,102.08 10100 109774 10/09/14 LAICHIHE CHIH EN LAI 001 FACILITY REFUND-PTRSN 0.00 50.00 10100 109775 10/09/14 LANCESOL LANCE, BOLL & LUNGHARD L 0014050 AUDIT SVCS-Y/END 2014 0.00 11,792.00 10100 109776 10/09/14 LARAEILE EILEEN LARA 001 FACILITY REFUND-PNTRA 0.00 100.00 10100 109776 10/09/14 LARAEILE EILEEN LARA 001 FACILITY REFUND-PNTRA 0.00 160.00 TOTAL CHECK 0.00 260.00 10100 109777 10/09/14 DBDELI AGADA LEE 0014090 MTG SUPPLIES 0.00 175.97 10100 109778 10/09/14 LEWISENG LEWIS ENGRAVING INC. 0015220 SUPPLIES-B/S 0.00 92.60 10100 109778 10/09/14 LEWISENG LEWIS ENGRAVING INC. 0015210 SUPPLIES -COMM DEV 0.00 86.11 TOTAL CHECK 0.00 178.71 10100 109779 10/09/14 MERCURYD MERCURY DISPOSAL SYSTEMS 1155515 RECYCLING FEES 0.00 931.44 10100 109780 10/09/14 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015350 SUPPLIES -HELIUM 0.00 24.00 10100 109780 10/09/14 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015340 CYLINDER ARGON 0.00 8.00 SUNGARD PENTAMATION INC DATE: 10/15/2014 CITY OF DIAMOND BAR TIME: 17:12:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tsansact.ck_date between '20141002 00:00:00.000' and '20141015 00:00:00.000' ACCOUNTING PERIOD: 4/15 TOTAL CHECK 10100 FUND - 001 - GENERAL FUND PRIORITY PRIORITY MAILING SYSTEMS CASH ACCT CHECK NO ISSUE IT VENDOR NAME FUND/DIVISION TOTAL CHECK 109785 10/09/14 PYROCOMM PYRO COMM SYSTEMS INC 10100 109781 10/09/14 MOONLIGH MOONLIGHT PRESS 0015210 10100 109782 10/09/14 ORKININC ORKIN PEST CONTROL INC 1385538 10100 109782 10/09/14 ORKININC ORKIN PEST CONTROL INC 0015340 TOTAL CHECK 109788 10/09/14 RKACONSU RKA CONSULTING GROUP 10100 109783 10/09/14 PERSRETI PERS RETIREMENT FUND 001 10100 109783 10/09/14 PERSRETI PERS RETIREMENT FUND 001 10100 109783 10/09/14 PERSRETI PERS RETIREMENT FUND 001 TOTAL CHECK 10100 109784 10/09/14 PRIORITY PRIORITY MAILING SYSTEMS 0014090 10100 109785 10/09/14 PYROCOMM PYRO COMM SYSTEMS INC 0014093 10100 109785 10/09/14 PYROCOMM PYRO COMM SYSTEMS INC 0015333 TOTAL CHECK SUPPLIES -INK CARTRIDG 0.00 10100 109786 10/09/14 QUACHCYD CYD QUACH 001 10100 109787 10/09/14 RPDICKSO R F DICKSON COMPANY INC 0015554 10100 109788 10/09/14 RKACONSU RKA CONSULTING GROUP 0015220 10100 109789 10/09/14 SCMAF SCMAF 0015350 10100 109790 10/09/14 SINGHBIR BIKRAM SINGH 001 10100 109791 10/09/14 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 109791 10/09/14 SCE SOUTHERN CALIFORNIA EDIS 0015340 10100 109791 10/09/14 SCE SOUTHERN CALIFORNIA EDIS 1415541 10100 109791 10/09/14 SCE SOUTHERN CALIFORNIA EDIS 1395539 10100 109791 10/09/14 SCE SOUTHERN CALIFORNIA EDIS 0015333 10100 109791 10/09/14 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 109791 10/09/14 SCE SOUTHERN CALIFORNIA EDIS 1385538 TOTAL CHECK 0.00 10100 109792 10/09/14 SPARKLET SPARKLETTS 0015340 10100 109792 10/09/14 SPARKLET SPARKLETTS 0015340 10100 109792 10/09/14 SPARKLET SPARKLETTS 0015340 TOTAL CHECK 10100 109793 10/09/14 STOKESJA JAZMINE D STOKES 0015350 10100 109794 10/09/14 TELEPACI TELEPACIFIC COMMUNICATIO 0014070 10100 109795 10/09/14 TENNISAN TENNIS ANYONE INC 0015350 10100 109796 10/09/14 THESAUCE THE SAUCE CREATIVE SERVI 0015340 10100 109796 10/09/14 THESAUCE THE SAUCE CREATIVE SERVI 0015350 TOTAL CHECK -----DESCRIPTION--- SALES TAX 0.00 P/NOTICE ENVELOPES 0.00 GOPHER CONTROL-B/CYN 0.00 SQUIRREL CONTROL-S/CY 0.00 0.00 RETIRE CONTRIB-PEPRA 0.00 RETIRE CONTRIE-EE 0.00 SURVIVOR BENEFIT 0.00 0.00 SUPPLIES -INK CARTRIDG 0.00 ALARM SVCS-C/BALL 0.00 MAINT-DBC 0.00 0.00 RECREATION REFUND 0.00 ST/SWEEPING SVCS -SEPT 0.00 BLDG & SFTY SVCS -AUG 0.00 SCMAF MTG-STAFF 0.00 RECREATION REFUND 0.00 ELECT SVCS -DIST 38 0.00 ELECT SVCS -PARKS 0.00 ELECT SVCS -DIST 41 0.00 ELECT SVCS -DIST 39 0.00 ELECT SVCS -DBC 0.00 ELECT SVCS-T/CONTROL _ 0.00 ELECT SVCS -DIST 38 0.00 0.00 WATER SUPPLIES-S/CYN 0.00 EQ RENTAL-S/CYN 0.00 ENERGY SURCHRGS 0.00 0.00 CONTRACT CLASS -FALL 0.00 T-1 INTERNET SERVICE F 0.00 CONTRACT CLASS -SUMMER 0.00 SUPPLIES -COMM SVCS 0.00 PRINT SVCS -COMM SVCS 0.00 0.00 PAGE NUMBER: 10 ACCTPA21 AMOUNT 32.00 348.80 63.37 66.06 129.43 825.40 13,639.34 50.22 14,514.96 182.30 135.00 137.50 272.50 385.00 8,593.93 48,819.26 155.00 79.00 56.04 458.14 261.52 5,454.17 11,014.27 837.23 540.90 18,622.27 59.94 12.00 3.08 75.02 150.00 868.89 4,881.10 377.14 706.32 1,083.46 SUNGARD PENTAMATION INC PAGE NUMBER: 11 DATE: 10/15/2014 CITY OF DIAMOND BAR ACCTPA21 TIME: 17:12:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20141002 00:00:00.000' and '20141015 00:00:00.000' ACCOUNTING PERIOD: 4/15 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 109797 10/09/14 ADELPHIA TIME WARNER CABLE 0014010 MODEM SVCS -COUNCIL 0.00 63.98 10100 109798 10/09/14 USHEALTH US HEALTHWORKS MEDICAL G 0014060 PRE-EMPLOYMENT PHYSCL 0.00 574.00 10100 109799 10/09/14 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 10/10/14-P/R DEDUCTN 0.00 29,342.11 10100 109799 10/09/14 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 10/10/14-L/DEDUCTIONS 0.00 2,857.35 TOTAL CHECK 0.00 32,199.46 10100 109800 10/09/14 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DSC 0.00 1,195.32 10100 109800 10/09/14 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES-C/HALL 0.00 68.64 10100 109800 10/09/14 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES-C/HALL 0.00 45.76 TOTAL CHECK 0.00 1,309.72 10100 109801 10/09/14 WCMEDIA WEST COAST MEDIA 0014095 AD -OCT ISSUE 0.00 500.00 10100 109802 10/09/14 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN .FEE -EN 08-624 0.00 133.20 10100 109802 10/09/14 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 13-1779 0.00 99.90 10100 109802 10/09/14 WILLDANG WILLDAN GEOTECHNICAL 001 GEOTECH REV-EN08-624 0.00 740.00 10100 109802 10/09/14 WILLDANG WILLDAN GEOTECHNICAL 001 GEOTECH REV-PR13-1779 0.00 555.00 10100 109802 10/09/14 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 13-1779 0.00 -99.90 10100 109802 10/09/14 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -EN 08-624 0.00 -133.20 TOTAL CHECK 0.00 1,295.00 10100 21 -PP 12 10/09/14 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER-21/PP 14 0.00 171,986.04 10100 21 -PP 12 10/09/14 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER-21/PP 14 0.00 1,633.83 10100 21 -PP 12 10/09/14 PAYROLL PAYROLL TRANSFER 113 P/R TRANSFER-21/PP 14 0.00 6,542.06 10100 21 -PP 12 10/09/14 PAYROLL PAYROLL TRANSFER 115 P/R TRANSFER-21/PP 14 0.00 13,818.01 TOTAL CHECK 0.00 193,979.94 TOTAL CASH ACCOUNT 0.00 834,087.05 TOTAL FUND 0.00 834,087.05 TOTAL REPORT 0.00 834,087.05 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e Agenda # 6.4 Meeting Date: 1012112014 AGENDA REPORT TITLE: RESOLUTION NO. 2014 -XX OF HE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR $153,346 OF LAND AND WATER CONSERVATION FUND GRANT, WHICH IF AWARDED, REQUIRES A $153,346 MATCH FROM THE CITY, FOR THE SILVER TIP PARK TRAIL AND TRAIL HEAD, RECOMMENDATION: Adopt Resolution, FINANCIAL IMPACT: Development of the Silver Tip Park Trail and Trail Head is estimated to cost $306,692. The Land and Water Conservation Fund grant requires a dollar to dollar match from the City. Staff is seeking $153,346 in Land and Water Conservation grant funds. The remaining amount that must be matched is $153,346. Approximately $20,000 of the match will come from Prop A Youth at Risk funds that will be used to pay the California Conservation Corp (CCC) for preliminary work clearing and grubbing the project area. The remaining $133,346 will be listed as a commitment from the City of Diamond Bar to complete the match from the General Fund. Also, staff has applied for a grant from the Habitat Conservation Fund that, if awarded, could become this match. BACKGROUND: The Silver Tip Park Trail begins at the back of the park where the concrete perimeter walkway connects to a dirt path that goes up the hill. The path continues up the hill, past the WVWD water towers and connects to the Pantera Park Trail. This trail project will include a Trail Head that will be constructed adjacent to the concrete walkway in Silver Tip Park. Staff has worked with the CCC to determine the best route for this trail. Currently the hard pan path has switch backs that allow hikers to climb the hill and connect to the Pantera Park Trail. The CCC has built some small retaining walls to contain the path along its steeper sections. Continuing to use the CCC for this project will help make the grant more competitive. This grant application will address the steep grades and provide an alternative route. If the grant is awarded the trail will be developed using the existing switch backs with an improved design, including the possibility of adding steps where necessary. DISCUSSION: The application for this grant is being prepared by Community Services staff. This project will develop approximately 2,300 feet of improved trail that will connect Silver Tip Park with Pantera Park. Trail amenities that are planned include cobblestone swales for improved drainage, retaining walls to support the trail and possibly the addition of steps where necessary. The project will also include the trail head, a picnic table, lodge pole fencing where needed, benches, trash receptacles, minor foliage restoration, and directional, rules and interpretive signage. This Resolution is a required element of the grant application. This is one of many applications that staff has submitted in an effort to obtain funds to construct improvements identified in the Trails Master Plan. Examples are funding for the Pantera Park Trail, awarded last year (FY 2013-14), Grand View Trail and Trail Link from the Land and Water Conservation Fund (FY's 2011-12 & 2012-13), Pantera Park Trail (FY 2013-14) and Grand View Trail Link from the Habitat Conservation Fund Grant (FY 2012-13). PREPARED BY: RE�j`ll=-D Y Alison Meyers S s C.S. Coordinator i ect r of Community Services RESOLUTION NO. 2014— XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND PROJECT SILVER TIP PARK TRAIL AND TRAIL HEAD WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant -In -Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing Applications by local agencies under the program; and WHEREAS, the Applicant certifies by resolution the approval of the Application and the availability of eligible Matching funds prior to submission of the Application to the State; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar hereby: 1. Approves the filing of an Application for Land and Water Conservation Fund assistance for the proposed Silver Tip Park Trail and Trail Head; 2. Agrees to abide by Section 6(f)(3) of Public Law 88-578 which states "No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location." 3. Certifies that said agency has Matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and 4. Appoints the City Manager of the City of Diamond Bar as agent of the Applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project. Approved and Adopted on the 21st day of October, 2014. I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by City Council of the City of Diamond Bar, Carol Herrera Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 215t day of October, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Tommye Cribbins, City Clerk City of Diamond Bar CITY COUNCIL Agenda # 6 . 5 Meeting Date: October 21, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: A RESOLUTION APPROVING PR GRAM SUPPLEMENT AGREEMENT NO. 013-N TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 07- 5455R FOR UTILIZATION OF FEDERAL FUNDS IN THE AMOUNT OF $1,032,964 ON THE GRAND AVENUE BEAUTIFICATION PROJECT FEDERAL PROJECT # HPLUL-5455(016). RECOMMENDATION: Approve. FINANCIAL IMPACT: The approval of the Resolution and the execution of the Program Supplement Agreement will allow the City to be reimbursed $1,032,964 for the construction of the Grand Avenue Beautification Project. The reimbursable federal funds are being provided by the Federal SAFETEA-LU funds in the amount of $699,000 and Surface Transportation Program - Local (STPL) funds in the amount of $333,964. The Fiscal Year 2014-2015 Capital Improvement Budget has programed these funds for the Grand Avenue Beautification Project as well as funding from Prop C, TDA, and Prop A Exchange funds. The total approved budget is $1,732,741. DISCUSSION: The primary purpose of this project is to highlight the Diamond Bar community identity and create visual points of interest. The project's aesthetic features will also serve as a catalyst to stimulate existing commercial centers. Streetscape enhancements are proposed at the intersections of Grand Avenue and Diamond Bar Blvd. and Grand Ave. and Longview Drive. A goal of the City's General Plan is to be recognized as a community of a well-planned and aesthetically pleasing physical environment. The project is to design and construct streetscape enhancements including but not limited to decorative traffic signals, interlocking pavers in the parkways and crosswalks, timber rails and steel panels to display City images along the parkways and medians, pedestrian and accent lighting as well as enhanced landscape palette in the parkways and medians and a new entry monument sign at Longview. In September 2014 Caltrans issued the Authorization to Proceed with construction. Before federal funds can be made available for a programmed project, the City is required to enter into a supplemental agreement with the California Department of Transportation (Caltrans) and provide a resolution which authorizes the City Manager of the City to execute the supplemental agreement. The existing agreement, commonly referred to as Administering Agency -State Agreement No. 07-5455, allows the City to administer Federally Funded Projects, whereas the supplemental agreement establishes conditions specific to an individual project. The tentative project schedule is as follows: Advertise and Solicit Public Bids Award Construction Contract Complete Construction PREPARED BY: Kimberly M. Young, Senior Civil Engineer REVIEWED BY: DaM G. eu, Director of Public Works November/December 2014 January 2015 April/May 2015 Attachment: Resolution No. 2014 -XX Program Supplement Agreement No. 013-N DATE PREPARED: October 10. 2014 RESOLUTION NO. 2014 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PROGRAM SUPPLEMENT NO. 013-N TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 07-5455R FOR UTILIZATION OF FEDERAL FUNDS ON THE GRAND AVENUE ENHANCEMENT PROJECT RECITALS (i) The United States Congress enacted the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005; (ii) The City is eligible to receive Federal funding for the Grand Avenue Enhancement Project, through the California Department of Transportation; and (iii) The Program Supplement Agreement No. 013-N to Administering Agency - State Agreement No. 07-5455R shall be fully executed by the City and State of California Department of Transportation (Caltrans) prior to processing of the City's requests for reimbursement of the federal funds for the Grand Avenue Enhancement Project. RESOLUTION NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. Approve the Program Supplement No. 013-N to Administering Agency - State Agreement No. 07-5455R for Federal Funds to be utilized for the construction of the Grand Avenue Enhancement Project. 2. Certifies that said Project will be constructed in accordance with the Program Supplement No. 013-N and federal procedures outlined in the Local Assistance Program Manual and Guidelines. 3. Appoints James DeStefano, City Manager, as agent of the City of Diamond Bar to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED, APPROVED AND ADOPTED this 21St day of October, 2014. Carol Herrera, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 21st day of October, 2014 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATEST: CITY CLERK OF THE CITY OF DIAMOND BAR PROGRAM SUPPLEMENT NO. N013 Adv Project ID Date: September 18, 2014 to 0714000115 Location: 07-LA-0-DMBR ADMINISTERING AGENCY -STATE AGREEMENT Project Number: HPLUL-5455(016) FOR FEDERAL -AID PROJECTS NO 07-5455R E.A. Number: Locode; 5455 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 06/05/08 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Grand Ave &Diamond Bar Blvd and Grand Ave & Longview Dr Demo ID 630. TYPE OF WORK: Enchancement/Rehabilitation. Beautification,Streetscape/Hardscape LENGTH: 0.0(MILES) & Pedestrian improvem Estimated Cost Federal Funds Matching Funds M231 $333,964.00 LOCAL OTHER LY10 $699,000.00 $1,701,674.00 $668,710.00 $0.0( i CITY OF DIAMOND BAR STATE OF CALIFORNIA Department of Transportation By _ By Title Chief, Office of Project Implementation Division of Local Assistance Date Date —.—. Attest I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date ��/f $1,032,964.00 Program Supplement 07 -5455R -N013- ISTEA Page 1 of 4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 0112010) TO: Page _ of _ Clains Audits 9119/2014 0714000115 3301 "C" Street, Rm 404 REQUISITION NUMBER! CONTRACT NUMBER: Sacramento. CA 95816 RQS-2660- 071500000298 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR/LOCAL AGENCY: CITY OF DIAMOND BAR CONTRACTAMOUNT'. Local Assistance ADA Notll For individuals with sensory disabilities, this document is available in alternate formats, For information, call (9 15) 654-6410 of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS -89, Sacramento, CA 95814. [17EAd1 . i+ MI= HPLU L-5455(016) SPECIAL COVENANTS OR REMARKS 09/18/2014 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 07 -5455R -N013- ISTEA Page 2 of 4 07-LA-0-DMBR 09/18/2014 HPLUL-5455(016) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 4, The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 5. Any State and Federal funds that may have been encumbered for this project are Program Supplement 07 -5455R -N013- ISTEA Page 3 of 4 07-LA-0-DMDR H?LUL-5455(016) SPECIAL COVENANTS OR REMARKS 09/18/2014 available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 6. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 7. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at wvvw.sam.gov. Program Supplement 07 -5455R -N013- ISTEA Page 4 of 4 CITY COUNCIL Agenda # 6.6 Meeting Date: October 21, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man g TITLE: SECOND READING OF ORDINA CE NO. 07(2014) AN ORDINANCE OF THE CITY OF DIAMOND BAR REVISING THE CITY'S PURCHASING SYSTEM, AMENDING THE DIAMOND BAR MUNICIPAL CODE AND RESCINDING ORDINANCE 05(2006) IN ITS ENTIRETY RECOMMENDATION: Approve second reading by title only and adopt Ordinance No. 07(2014). BACKGROUND: The City's Purchasing Ordinance was last revised in 2006. Since that time there have been many changes to "best practices" in the area of Purchasing. A new Purchasing Policy which incorporates these best practices was presented at the October 7, 2014 City Council Meeting where Council conducted a first reading of the ordinance to the Diamond Bar Municipal Code. The ordinance will go into effect approximately 30 days after approval of the second reading. PREPARED BY: L - Dianna L. Honeywell Finance Director Attachment: Ordinance 07(2014) Purchasing Ordinance ORDINANCE 07 (2014) AN ORDINANCE OF THE CITY OF DIAMOND BAR REVISING THE CITY'S PURCHASING SYSTEM AND AMENDING THE DIAMOND BAR MUNICIPAL CODE WHEREAS, the City has established a purchasing ordinance in Chapter 3.24 of the City Code ("Purchasing Ordinance") to provide an efficient and cost-effective process for the purchase of supplies, services, personal property and equipment; and WHEREAS, the City desires to revise and amend the Purchasing Ordinance as Set forth herein. Now therefore, the City Council of the City of Diamond Bar does ordain as follows: Section 1. Title 3, Chapter 3.24 of the Diamond Bar Municipal Code is repealed in its entirety and is replaced to read as follows: Chapter 3.24 Purchasing Ordinance Sections: 3.24.010 Establishment of Purchasing System 3.24.020 Definitions 3.24.030 Decentralized Purchasing 3.24.040 Purchasing Manager 3.24.050 Contractual Authority 3.24.060 Purchasing Procedure 3.24.070 Exceptions to Purchasing Procedure 3.24.080 Formal Bid Process 3.24.090 Formal Bid Procedures for Public Projects and Public Works Contracts 3.24.100 Encumbrance of Funds 3.24.110 Change Orders 3.24.120 Professional Services 3.24.130 Temporary Staffing 3.24.140 Local Preference 3.24.150 Use of Recycled Materials 3.24.160 Surplus Personal Property 3.24.010 ESTABLISHMENT OF A PURCHASING SYSTEM To establish efficient procedures for the purchase of supplies, services, personal property and equipment; to secure for the City supplies, services, and equipment at the lowest cost commensurate with the quality needed and with due consideration to usability; to exercise positive financial control over purchases; to 1 clearly define authority for the purchasing functions; to assure the quality of purchases; and to buy without favor or prejudice, a purchasing system is adopted and shall control the procedures for all purchases except as otherwise provided by law. 3.24.020 DEFINITIONS As used in this Ordinance, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended: (a) Blanket Purchase Order shall mean an agreement whereby the City contracts with a vendor to provide supplies or equipment on an as -needed basis throughout the fiscal year. (b) Budget Authority shall mean that with the exception of emergency procedures, no purchase shall be made without prior approval and appropriation in the City's annual budget. (c) Capital Asset shall mean land, improvements to land, easements, buildings, building improvements, vehicles, machinery, equipment, infrastructure and all other tangible assets that are used in operations, cost in excess of $5,000 and that have initial useful lives extending beyond one year. (d) City shall mean the City of Diamond Bar (e) Contract shall mean an agreement, in writing, between two or more persons with the requisite authority, which creates an obligation to do a particular thing. (f) Encumbrance shall mean a contingent liability and reservation of a budget appropriation incurred as a result of the issuance of a purchase order and/or contract. (g) Personal Property shall mean any tangible property not including land or real estate. This includes but is not limited to vehicles, equipment, supplies, furniture and fixtures. (h) Purchases shall mean procurement of supplies, services, equipment and personal property and shall include leases or rentals of such items. (i) Professional Services shall mean, but is not limited to, any type of professional services that may be lawfully rendered including the services of architects, attorneys, auditors, consultants, engineers, physicians, accountants, information technology professionals or other individuals or 4 organizations possessing a high degree of professional, unique, specialized, technical skill or expertise. �) Public Project have the same meaning as set forth in Public Contract Code section 20161 as follows: 1. The erection, improvement, painting or repair of public buildings and works; 2. Work in or about streams, bays, waterfronts, embankments or other work for protection against overflow; 3. Street or sewer work, except maintenance or repair; and 4. Furnishing of supplies or materials for any such project, including maintenance or repair of streets or sewers. (k) Purchase Order shall mean a written authorization issued by the City to a provider of labor, materials or services for which the City agrees to pay. (I) Responsible Bid shall mean an offer submitted by a responsible bidder to furnish supplies, materials, equipment, personal property or contractual services in conformity with the specifications, delivery terms, conditions and other requirements included in the request for bids. (m) Responsible Bidder shall mean a bidder who submits a responsible bid, i.e. a bidder, who has furnished, when requested, information and data to prove that his financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of supplies, materials, equipment or contractual services on which the bids are made, and who has not violated, or attempted to violate, any provision of this Chapter. (n) Services shall mean any and all services, with the exception of professional services as defined in this section (i) above, including but not limited to equipment service contracts. (o) Splitting shall mean dividing a purchase or contract into two or more parts in order to avoid the requirements of this policy. Splitting is prohibited. Further, splitting of a public works project is a misdemeanor under PCC section 20163 and is prohibited. (p) Surplus Personal Property shall mean any personal property that is no longer needed or useable by the City. 3.24.030 DECENTRALIZED PURCHASING The purchase of supplies, services, personal property and equipment is the responsibility of the individual departments requiring said supplies, services, personal property and equipment. It is the responsibility of the Purchasing Manager described in Section 3.24.040 (a) to ensure the adherence to the procedures prescribed in this Chapter. 3.24.040 PURCHASING MANAGER (a) Creation of Position of Purchasing Manager There is hereby created the position of Purchasing Manager, who shall be the City Manager. (b) Power and Duties The Purchasing Manager shall direct and supervise the acquisition of all goods and services under this Chapter and may delegate any of the powers and duties conferred upon him as provided herein. 2. Purchasing Agents. In accordance with Diamond Bar Municipal Code 3.24.040 (b), the Purchasing Manager may delegate the responsibility for administering purchasing policies and procedures to one or more Purchasing Agents. The authorized Purchasing Agents Shall include: Deputy City Manager Finance Director iii. Public Works Director iv. Community Development Director V. Community Services Director vi. Information Services Director 3. Purchasing Delegates. Additionally, the Purchasing Manager may delegate authority to the Purchasing Agents to delegate authority to additional individuals within their supervision who shall be authorized to make purchases. Individuals delegated purchasing authority hereunder are referred to as "Purchasing Delegates". Purchasing Delegates shall be designated in accordance with the following requirements: i. A written list of Purchasing Delegates must be submitted to the Finance Director and include the name and maximum dollar purchasing authority authorized for each individual. ii. A written list of Purchasing Delegates must be approved on an annual basis or upon changes in employment status, 0 whichever is more frequent, by the City Manager, the Finance Director and the Department Director. iii. The Finance Director must maintain a written record of all approved Purchasing Delegates. 3.24.050 CONTRACTUAL AUTHORITY Provided there is adequate unencumbered appropriation in the account against which the expenditure is to be charged: (a) Purchases of supplies, services, personal property and equipment of an estimated value up to five thousand dollars ($5,000) shall be approved by the Purchasing Manager, a Purchasing Agent or a Purchasing Delegate. (b) Purchases of supplies, services, personal property and equipment of an estimated value up to ten thousand dollars ($10,000) shall also be approved by the Purchasing Manager or a Purchasing Agent. (c) Purchases of supplies, services, personal property and equipment with an estimated value greater than ten thousand dollars ($10,000) and up to forty thousand dollars ($40,000) must receive the approval of the Purchasing Manager or his/her designee. (d) Except as otherwise provided in this Chapter, purchases with an estimated value greater than forty thousand dollars ($40,000) shall be subject to the purchasing procedures outlined in Section 3.24.060, Section 3.24.080 or Section 3.24.090 and approved by the City Council. 3.24.060 PURCHASING PROCEDURE (a) Availability of Funds — Except in emergencies as defined in Section 3.24.070 (a), no notice of award of contract shall be issued, no contract shall be signed and no purchase order shall be issued unless the unexpended appropriation concerned is sufficient to pay the amount of such contract or purchase order. (b) Purchaser Responsibilities — It shall be the responsibility of the Purchasing Manager, Purchasing Agent or Purchasing Delegate handling a purchase: To reduce, to the maximum extent possible, the number of purchase transactions by combining into bulk orders and contracts the requirements of departments or City for common -use items or items repetitively purchased. The use of blanket purchase orders is recommended for vendors that a department uses repeatedly throughout the fiscal year. Blanket purchase orders may not be used for the purchase of Capital Assets. 2. To obtain a completed IRS Form W-9 from any vendor not previously used for City purchases and submit it to the Finance Department. This information must be validated by the Finance Department before any purchases can be made with the new vendor. 3. If a City business license is required, it is the responsibility of the Purchasing Agent to direct the vendor to the Diamond Bar Community Development department in order to obtain the license. 4. Except as otherwise authorized in this Chapter or by State or Federal law, to select the lowest responsible bidder when bids are solicited, whether formal or informal. If the lowest priced bid is not selected, then the decision process must be documented explaining why the lowest bid was not chosen. This provision does not apply to professional service contracts as set forth in 3.24.120. 5. If the item(s) to be purchased is only available through one vendor and/or sole source provider, or when required if three bids could not be obtained, back up documentation verifying that the vendor is the sole source provider must be provided using the "Justification for Sole Source/Sole Brand" form. Unjustified factors for a sole source/sole brand include: i. Personal preference for a product or vendor ii. Cost, vendor performance, local service, maintenance and delivery time (these are award factors in competitive bidding; iii. Lack of advance planning for activity, unless deemed an emergency purchase as referenced in Section 3.24.070 (c) The Purchasing Manager is authorized to prescribe the use of various types of contracts and orders, including, but not limited to the following: 1. Use of petty cash is authorized for single purchases of seventy-five dollars ($75.00) or less. 2. Purchase orders shall be used for all purchases of supplies, services, personal property and equipment in accordance with the following: i. Any single item or aggregate purchase with an estimated value of two thousand five hundred dollars ($2,500) or greater. ii. When the Purchasing Manager, Purchasing Agent or Purchasing Delegate expects to make multiple purchases with a single vendor and purchases are expected to exceed two thousand five hundred dollars ($2,500) annually. 0 (d) In the absence of those exceptions set forth in Section 3.24.070 the following procedures shall be followed with regards to purchases of supplies, services, personal property and equipment: For any single item or aggregate purchase with an estimated value of two thousand five hundred dollars ($2,500) up to five thousand dollars ($5,000) three informal bids or quotes shall be solicited. i. Bids or quotes may be obtained from the vendors in verbal or written format. ii. Written documentation (using the "Quotation Worksheet" form) of the bids and quotes must be submitted with the requisition. 2. For any single item or aggregate purchase with an estimated value in excess of five thousand dollars ($5,000) up to forty thousand dollars ($40,000) three informal bids shall be solicited. Bids must be obtained in writing from the vendors. Written documentation (in the form of the "Quotation Worksheet" form) of the bids must be submitted with the requisition. 3. Any single item or aggregate purchase of supplies, services, personal property or equipment with an estimated value of forty thousand dollars ($40,000) or greater (purchased within one fiscal year) must be approved by City Council via the formal bid process outlined in Section 3.24.080. 4. Any Public Project or Public Works Contract with an estimated value of forty thousand dollars ($40,000) or greater (purchased within one fiscal year) must be approved by City Council via the process outlined in Section 3.24.090 In determining whether the $40,000 fiscal year threshold for City Council approval has been exceeded, for purchases of supplies, services, personal property or equipment, multiple contracts shall be aggregated on a department basis for the applicable fiscal year. If, in the aggregate, purchases by a single department from a single vendor of supplies, services, personal property or equipment would exceed $40,000 in a fiscal year, the purchase which results in the $40,000 threshold being exceeded shall be approved by the City Council. (e) Professional development and training costs do not require purchase orders. Any travel related costs should also be in accordance with the City's Travel, Expense and Reimbursement Policy. (f) Purchases made with a City credit card may include but are not limited to: 1. Conferences/training/seminars (registration, airline, car rental, hotel accommodations, meals and fuel; 2. Business lunch with representatives from other government agencies or consultant under contract to the City, furnishing lunch for interview panels and/or evaluation review boards; 3. Publications/manuals; 4. Providing meals, equipment and material to work crews in cases of emergencies and 5. Memberships and/or dues to professional organizations. 3.24.070 EXCEPTIONS TO PURCHASING PROCEDURE (a) Emergency Purchases. The emergency procedure applies to purchases made necessary from an emergency situation that poses an immediate threat to public health, welfare or safety as determined by the Purchasing Manager for which no time exists to seek Council action or approval, if such action or approval were otherwise required. An emergency situation is defined as follows: L A public disaster; ii. An immediate need to prepare for national or local defense; and iii. A breakdown of machinery or an essential service immediately affecting public health, safety or welfare. 2. The Purchasing Manager, a Purchasing Agent, or any Purchasing Delegate may purchase supplies, services, personal property, or equipment directly subject to parameters set forth in City Council resolution(s) and shall submit a report of the circumstances of the emergency to the Purchasing Manager as soon as possible. The report will be filed with the City Council and will be entered in the minutes of the Council at its next regular meeting. (b) Bidding: Exceptions Purchases of supplies and equipment and contracts, except Public Works Contracts, shall be by bidding procedures pursuant to the provisions of Section 3.24.090. 2. Bidding shall be dispensed with upon authorization of the Purchasing Manager or designee: i. Where bidding would be impossible or impractical; ii. The amount of the purchase has a total estimated value of less than two thousand five hundred dollars ($2,500); iii. Where the commodity or service can be obtained from only one vendor. When there is only one vendor that provides the product or service, the details must be documented and supported with the form "Justification for Sole Source/Sole Brand" in order to dispense with bidding requirements; or iv. Where the price of the commodity or service is controlled by law such that bidding would be unlikely to result in any cost savings. 3. For the purposes of this Section: i. "Impossible" shall mean extreme and unreasonable difficulty or expense;and ii. "Impractical" shall mean incapable of being performed by the bid procedure. 4. Other Exceptions. When, in the opinion of the Purchasing Manager or Purchasing Agent, supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained if acquired on behalf of the City by the State Department of General Services or other government purchasing program, the Purchasing Manager or Purchasing Agent shall so advise the City Council. Acquisition of any such supplies, materials, personal property or equipment by the State Department of General Services or other government purchasing program may be authorized by resolution of the City Council. 3.24.080 FORMAL BID PROCESS Except as otherwise exempted in this Chapter, supplies, services, equipment and personal property with an estimated value of more than forty thousand dollars ($40,000) shall be purchased using the Formal Bid Process as follows: (a) To initiate the Formal Bid Process, the Purchasing Agent shall provide specifications for the item to be purchased and documentation showing the existence of an unencumbered appropriation for the item in the current approved budget. (b) Formal bids shall be posted at City Hall, on the City's website and in a newspaper of general circulation, and if applicable, in appropriate trade publications. The date of the publication shall be at least 14 days before the due date. The Notice Inviting Bids shall include the requirement that the bid be in writing and be sealed, a general description of the supplies, service personal property or equipment to be purchased, the location where specifications may be obtained, the time and place for opening bids, and the security required, if any. 0 (c) All formal bids shall be sealed and shall be publicly opened and read at the date, time and place indicated in the public notice. (d) Bids shall be reviewed for compliance with the specifications document and all deviations from the specifications shall be fully documented by the requesting Department and the impact of the deviations on performance or suitability of the bid item shall be detailed. (e) Staff shall prepare a staff report with a recommendation to the City Council. (f) Except for certain professional services agreements, the City Council may award the contract to the lowest responsible bidder in conformity with the specifications. (g) When a bid is recommended to be awarded to other than the lowest responsible bidder, written justification is required. The written statement must be included with the staff report to the City Council. (h) Rejection of Bids — the Purchasing Manager or when applicable, the City Council, may, in any given case reject all bids with or without cause and submit the supplies, personal property, equipment or service involved to a new bidding process or may abandon the purchase. (i) This policy specifically prohibits splitting a purchase to circumvent the threshold limits set forth in Section 3.24.060 (d)(3). Q) The purchase must be approved by the City Council. 3.24.090 FORMAL BID PROCEDURES FOR PUBLIC PROJECTS AND PUBLIC WORKS CONTRACTS (a) Bid solicitation procedures. 1. The City Council shall approve plans and specifications for all public projects which are required per applicable laws and regulations. 2. A notice inviting formal bids, stating the time and place for the receiving and opening of sealed bids and distinctly describing the public project, commodity or class of commodities shall be prepared. Every notice inviting bids shall be prepared in accordance with the following requirements: The notice shall be published in accordance with the requirements of California Public Contracts Code section 20164, and as that section may be modified. The Purchasing Agent shall, in addition, solicit bids from prospective bidders for the class of commodities being purchased or sold by sending them copies of the newspaper WO notice or such other notice as well as will acquaint them with the proposed purchase. All pending purchases shall also be advertised by posting a copy of the contract bid form on a public bulletin board in City Hall iii. In addition to notice required by this section, the Purchasing Manager, Purchasing Agent or Purchasing Delegate may give such other notice as he or she deems proper. 3. Provisions shall be included in any invitation for bid and in any contract documents for the withholding of retentions earned to ensure performance under a contract in an amount and type as determined by the Director of Public Works, consistent with State law. Provisions shall be included in any invitation for bid and in any contract documents for insurance coverage in an amount, type and term as may be specified by the City. 4. When required by State law, the contractor shall not pay less than the general prevailing rates of wages, as determined by the Director of the Department of Industrial Relations, to all workers employed on a Public Project or Public Works Contract. (b) Formal Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk with the bid number written on the envelope where they will be date and time stamped. All bids must be received and date and time stamped by the City Clerk's clock on or before the date and time due; late bids will be returned unopened. The City Clerk shall publicly open all bids at the time and place stated in the public notice. A tabulation of all bids shall be available for public inspection in the City Clerk's Office during regular business hours for a period of one year after bid opening (c) The City Council may reject a bid based upon non -responsibility and award to the next lowest responsible bidder if the Purchasing Agent provides notice to the bidder of any evidence reflecting on the bidder's responsibility at least two business days prior to the hearing at which the City Council will be considering whether to reject the bid. The bidder shall have the opportunity to present evidence that the bidder is qualified to perform the contract. (d) Rejection of Formal Bids. In its discretion, the City Council may reject any and all bids presented for any reason. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the City Council may: (a) abandon the project; (b) re -advertise for bids in the manner prescribed by this chapter; or (c) perform the work with City employees, after passing a resolution by a four-fifths vote of the City Council declaring that the project can be performed more economically by City employees. (e) Award of Formal Bid Contracts. All contracts for public works projects with a value exceeding ($40,000) shall require the approval of the City Council 11 and shall be executed by the Mayor and approved as to form by the City Attorney. If a contract is awarded, it shall be awarded by the City Council to the lowest responsible bidder. The determination of the "lowest responsible bidder" shall be at the discretion of the City Council pursuant to the findings and recommendations presented by the Purchasing Agent at the time of award of contract. In determining the lowest responsible bidder, the following may be considered by the City Council, in addition to price: The ability, capacity and skill of the bidder to perform the contract or provide the services required; Whether the bidder can perform the contract or provide the services promptly, or within the time specified, without delay or interference; iii. The sufficiency of the bidder's financial resources to perform the contract or provide the service; iv. The ability of the bidder to provide future maintenance and services where such maintenance and service is essential; The quality and timeliness of the bidder's performance on previous contracts for the City; vi. Litigation by the bidder on previous contracts with the City; vii. The character, integrity, reputation, judgment, experience and efficiency of the bidder; viii. The bidder is licensed under the Contractors' State License Law (commencing with Section 7000 of the Business and Professions Code of the State of California, as the same may be amended from time to time) to perform the work for which it submitted a bid proposal. (f) Tie Formal Bids. If two or more formal bids received are for the same total amount the City Council may, at its discretion, accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders. (g) No Formal Bids. If no bids are received through the formal or informal procedure, the project may be performed by the employees of the City by force account or through a negotiated contract without further complying with this chapter. (h) Bid Selection. If a contract is awarded, it shall be to the lowest responsible bidder. The determination of the "lowest responsible bidder" shall be at the discretion of the City Council pursuant to the findings and recommendations presented by the Purchasing Agent. (i) Nothing contained in this section is intended to be in conflict with applicable state law. 12 3.24.100 ENCUMBRANCE OF FUNDS Except in cases of emergency, the issuing department shall not issue any purchase order for supplies, services, or equipment unless there exists an unencumbered appropriation in the account against which said purchase is to be charged. If, when the purchase order is posted the account appears to be over budget, the Department Director shall create a budget transfer to cover said overage immediately. 3.24.110 CHANGE ORDERS (a) Any substantial change to a contract or approved purchase which results in a cost in excess of the City Council award amount, shall be documented with a change order. If a change order will result in a total contract amount of more than $40,000 or substantially changes the terms or results in a cost in excess of Council award amount plus any Council approved contingencies, the change order must be brought to Council as soon as staff becomes aware as to avoid any delays in the project. No change order may exceed budgetary authorization without Council approval. (b) The Purchasing Manager may approve a change order for contracts approved by the City Council in an amount up to 10% of the contract amount or $40,000, whichever is less. (c) All change orders are subject to the approval authority set forth in section 3.24.050 (c). 3.24.120 PROFESSIONAL SERVICES (a) Use of Requests for Proposals. The formal bid procedures set forth in Section 3.24.080 for Professional Services shall be utilized whenever practical. (b) Guidelines for Selection. Firms or individuals shall be selected based on their ability to perform the specific functions including, but not limited to, such factors as: Overall professional experience, reliability, and continuity of the firm as related to the tasks described in the solicitation for proposals or bids; ii. Professional experience of the firm in executing contracts of a similar nature; iii. Adequacy of personal numbers within specific disciplines required to complete the work required by the solicitation for proposals or bids; 13 iv. Experience and training of key personnel as related to the work described in the solicitation for proposals or bids; V. Adequacy of number of principal(s) which are intended to be assigned to the contract; vi. Knowledge of applicable regulations and technology associated with the contract; vii. Quality and timeliness of recently completed or nearly completed projects which were similar to the work described in the solicitation for proposals or bids; viii. Specialized qualifications for the services to be performed; and ix. Price Such factors shall be weighed by the acquiring authorized person and by the City department primarily responsible for the project according to the nature of the contract, the needs of the City and complexity and special requirements of the specific contract for which the services will be provided. (c) RFP Procedures. If a formal RFP is used, the following procedures shall apply: A Request for Proposal solicitation document shall be issued to potential individuals or firms. The solicitation document shall discuss the following: i. Scope of work or specification desired. ii. List of any required qualifications. iii. List the evaluation criteria iv. The date of submission for the response by the vendor V. Only criteria disclosed in the solicitations may be used to evaluate the supplies or services proposed. 2. The solicitation document shall be made available to a minimum of three (3) qualified firms or individuals, unless three qualified firms or individuals cannot be located, and shall be made available for no less than fourteen (14) calendar days. (d) Evaluation of proposals received will be conducted by either an individual or a review committee. Interviews may be conducted, at the discretion of the person authorized to make the purchase, with one (1) or more responsible bidders who has submitted a proposal and is determined to be reasonably susceptible for being accepted for award. These discussions may be held for the purpose of clarification to assure full understanding of responsiveness to the solicitation requirements. (e) Multi -Year Contracts. The total not to exceed amount for the entire term of a multi-year contract shall be the amount untilized in determining the 14 approval authority required under this Chapter. The City Council may authorize the Purchasing Manager to extend the term of such contracts provided the contract provides for such extensions. (f) The Purchasing Manager, Purchasing Agent or Purchasing Delegate shall notify the selected contractor and obtain a written contract to be kept on file with the City Clerk. 3.24.130. TEMPORARY STAFFING PROFESSIONAL AND CONSULTANT SERVICES Proposals for all temporary staffing, professional and consultant services may be obtained pursuant to procedures determined by the Human Resources Department. Selection shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. It is not mandatory that a contract for temporary staffing, professional and consultant services be awarded to the lowest bidder when it is believed that the quality of service or technical expertise provided by a higher bidder warrants their selection. Reasons for the selection of any bidder other than the lowest bidders shall be in writing and shall be retained with the record of bids. Section 3.24.140 LOCAL PREFERENCE In order to promote the economic health of the City and to encourage local participation in the procurement process, the City in determining the lowest responsible bidder may take in to consideration the sales tax (one percent) which would be returned to the City as prescribed in this Section. (a) Definition. Whenever used in this section, the phrase "local bidder/vendor" shall mean a business, firm, or enterprise with fixed offices or locally taxable distribution points within the City, which holds a valid business registration issued by the City, and bearing a street address within the City. (b) Local Preference. In awarding purchase orders and contracts for supplies and equipment, the City may grant a preference of one percent (1%) to local bidder/vendors. The bids of all local bidder/vendors shall be reduced by one percent prior to determining the lowest responsible bidder. (c) Identical Bids. If after applying the preference provided for in subsection (b) of this section, identical bids are submitted by a local bidder/vender and a bidder who is not local, the contract shall be awarded to the local bidder/vendor. Identical bids by two or more local bidder/vendors shall be determined by the toss of a coin. In the event City Council approval is 15 required for the bid, this provision shall not apply and the City Council shall award the bid in its discretion. (d) Exceptions. Notwithstanding the foregoing, the provisions of this section shall not apply under any of the following circumstances: When application of the provisions of this section is prohibited by state or federal law or the requirements of a state or federal grant; When a contract with the City to purchase supplies and equipment will be funded in whole or in part by donations or gifts to the City, to the extent that the provisions of this section would conflict with any conditions attached by the donor of the donation, provided that the donation and any conditions attached to it have been accepted and approved by the City Council; 3. When the Purchasing Manager determines that a contract with the City to purchase supplies and equipment results from exigent circumstances, and also determines either that any delay in the execution or performance of the contract would jeopardize the public health, safety, or welfare of the citizens of the City, or that the operational effectiveness of a significant municipal function would be seriously threatened if the contract were not entered into expeditiously. (e) Good Faith Effort to Contact Local Merchants. The City shall make a good faith effort when soliciting bids for supplies or equipment to solicit bids or proposals from local merchants. (f) Purchasing Manager Authorization. The Purchasing Manager, or his or her designee, may promulgate rules and regulations to implement the provisions of this section. (g) Enforcement and Penalties. In the event that the Purchasing Manager, or his or her designee, makes a finding that a bidder for a contract has made an intentional misstatement in order to obtain a local merchant preference under regulations adopted pursuant to this section, the bidder may be subject to any remedy available to the City at law or equity. A finding by the Purchasing Manager, or his or her designee, that a bidder for a contract has made an intentional misstatement in order to obtain a local merchant preference shall be regarded by the City Council as a basis for determining whether the bidder is a responsible bidder for the present contract or for future contracts. 16 2. A bidder who has been disqualified as a responsible bidder by a determination of the City Council, based on a finding by the Purchasing Manager, or his or her designee, that the bidder made an intentional misstatement in order to obtain a local merchant preference, shall be disqualified from bidding on all contracts with the city for a period of not less than one year from the date of the disqualification, as determined by the City Council. Section 3.24.150 USE OF RECYCLED MATERIALS All departments shall purchase and use recycled products and recycled materials when available unless determined by the City Manager to be financially infeasible. The City may at its option require its contractors and consultants to use recycled products in fulfilling contractual obligations Section 3.24.160 SURPLUS PERSONAL PROPERTY Each department shall periodically review its equipment and inventory and complete a surplus property list for items deemed surplus or have become obsolete or worn out. The completed list shall be submitted to the Purchasing Manager's office. A copy of the list shall also be given to the Finance Department in order to remove any items on the fixed asset inventory list. (a) Trade in. The Purchasing Manager or designee shall have the authority to exchange for or trade in on new equipment surplus personal property. (b) Sale. The Purchasing Manager shall have the authority to dispose of surplus personal property by auction, sealed bids, for scrap or negotiated sale, whichever in the Purchasing Manager's judgment will provide the maximum return to the City. (c) Disposed as trash. When the cost of locating a buyer exceeds the estimated sale price of surplus personal property or the item is obsolete or worn out or of minimal value, the Purchasing Manager may recycle, destroy or dispose of the item as trash. (d) Disposed as gifts. The Purchasing Manager subject to the approval of the City Council may give surplus personal property to another public agency or special district such as a school district or library. 17 Section 2. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this day of 2014. Mayor M CITY COUNCIL Agenda # 6.7 Meeting Date: 10121114 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma a TITLE: APPROVAL OF AMENDMENT # TO AGREEMENT WITH CLEAR CHANNEL OUTDOOR TO EXTEND FRANCHISE AGREEMENT FOR BUS SHELTERS IN DIAMOND BAR FOR SEVEN (7) ADDITIONAL YEARS, FROM JULY 1, 2014 THROUGH JUNE 30, 2021. RECOMMENDATION: Approve. FINANCIAL IMPACT: The City of Diamond Bar receives approximately $24,000 in revenue annually from this agreement. Additional revenue is available to the City if gross revenues earned by Clear Channel Outdoor from Diamond Bar ad panels exceed $31,413 for the quarter (three month period). The City then receives 19.1% of the amount that exceeds $31,413. The only cost borne by the City related to this agreement is for City Logos (reflective decals) that are placed on each shelter (two (2) decals per shelter). Budget for the decals is about $500 per year, which is paid from Prop A Transportation funds. BACKGROUND: The City Council approved the Bus Shelter Franchise agreement on September 5, 2000 for the period of July 1, 2000 through June 30, 2007. The original agreement was with Eller Media Company, but the company name was changed on July 1, 2001 to Clear Channel Outdoor. This agreement provides for the maintenance and operation of 35 bus stop shelters (shelter, bench & trash container) and 53 bus stop benches (bench & trash container). All shelters, benches and trash containers currently in place were paid for and installed by Clear Channel Outdoor per the City's design (that was approved by the City Council). The shelters contain two ad spaces each that Clear Channel Outdoor uses to obtain revenue. The City is guaranteed $2,000 per month and 19.1% of gross revenue exceeding $10,471 per month, calculated and paid on a quarterly basis. The maintenance and operation responsibilities of Clear Channel Outdoor include: cleaning, repairing, servicing trash containers and replacing components destroyed in an automobile accident or by vandalism. The only responsibility retained by the City is the placement of the City Logo at two locations on each shelter. DISCUSSION: Over the past seven years, Clear Channel Outdoor has been very responsive to the City's requests for extra clean-up, removal and replacement of damaged shelters and benches, and removal of offensive ads reported to staff by residents. Terms of the amendment require Clear Channel Outdoor to refurbish and/or replace 16 bus benches and 32 trash receptacle lids that are showing high levels of wear. The City also has the right to use a percentage of the ad spaces for public service messages, which it does on a regular basis. (Staff has noticed that LA County also uses some of the shelter ad space for their messages.) Staff believes the extension of the franchise agreement with Clear Channel Outdoor is in the best interest of the community. PREPARED AND REVIEWED BY: Director of Community Services Attachments: Amendment #2 to Franchise Agreement for Bus Shelters dated 10/21/14. Attachment "A", Inventory of bus stop shelter and bus bench locations. Amendment #1 to Franchise Agreement for Bus Shelters dated 5/15/07. Franchise Agreement for Bus Shelters dated 9/5/2000. AMENDMENT #2 TO FRANCHISE AGREEMENT FOR BUS SHELTERS THIS AMENDMENT #2 is made this 21st day of October, 2014 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and CLEAR CHANNEL OUTDOOR (formally ELLER MEDIA COMPANY), a California Corporation ("FRANCHISEE"). Recitals: CITY awarded a franchise agreement ("AGREEMENT') to FRANCHISEE on September 5, 2000 for the provision of bus shelters and bus benches at various designated bus stop locations throughout the City for the seven (7) year term of July 1, 2000 — June 30, 2007. b. Amendment #1 was approved on May 15, 2007 to extend the term for seven years, July 1, 2007 — June 30, 2014, referred to herein as the "Amendment'. C. Parties desire to amend the AGREEMENT and Amendment to up -date the inventory of bus stop shelter and bus bench locations, to refurbish and/or replace a portion of the bus benches and trash receptacle lids and to extend the term, all as more particularly provided herein. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — AGREEMENT is amended to extend the term to July 1, 2014 — June 30, 2021. Section 2 — Inventory of bus stop shelter and bus bench locations is provided in Attachment "A". Section 3 — FRANCHISEE, before April 6, 2015, shall refurbish and/or replace 16 bus benches and 32 trash receptacle lids, the selection of such benches and receptacles to be made by mutual agreement between the FRANCHISEE and CITY. Except as specifically provided in this Amendment #2, the AGREEMENT and the Amendment shall in all other respects remain in full force and effect. If there is a conflict between this Amendment #2 on the one hand and the Agreement and the Amendment on the other, then this Amendment #2 shall control. IN WITNESS WHEREOF, the parties hereto have executed this Amendment #2 on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Carol Herrera Mayor APPROVED TO FORM City Attorney CLEAR CHANNEL OUTDOOR, INC. Franchisee Signed Title City Clerk Attachment A Map Number Site Structure Ad Panel No. Shelter Location 1 4511 4324 Golden Spring NS 100ft E/0 Grand Av FIE - 1 4325 Golden Spring NS 100ft E/0 Grand Av F/W - 2 2 4453 4282 Golden Spring SS 100ft E/O Grand Av F/W - 1 4283 Golden Spring SS 100ft E/O Grand Av FIE - 2 3 53 4780 Golden Spring SS 100ft W/O Golden Prados Dr F/S - 1 4781 Golden Spring SS 100ft W/O Golden Prados Dr FIN - 2 4 4237 8917 Golden Springs SS 100ft E/0 Diamond Bar F/W - 1 8918 Golden Springs SS 100ft E/0 Diamond Bar FIE - 2 5 4500 4316 Diamond Bar WS 100ft S/0 Temple Av FIE - 1 4317 Diamond Bar WS 100ft S/0 Temple Av FM - 2 6 4462 4288 Diamond Bar ES 100ft N/O Highland Valley Rd F/W - 1 4289 Diamond Bar ES 100ft N/O Highland Valley Rd FIE - 2 7 4503 4318 Diamond Bar WS 100ft S/0 Highland Valley Rd FIE - 1 4319 Diamond Bar WS 100ft S/0 Highland Valley Rd F/W - 2 8 4458 4286 Diamond Bar WS 100ft N/O Sunset Crossing Rd F/W - 1 4287 Diamond Bar WS 100ft N/O Sunset Crossing Rd FIE - 2 9 4498 4314 Diamond Bar ES 100ft N/0 Sunset Crossing Rd FIE - 1 4315 Diamond Bar ES 100ft N/0 Sunset Crossing Rd F/W - 2 10 4506 4320 Diamond Bar ES 150ft S/0 Pomona Fwy W/B Ent F/W - 1 4321 Diamond Bar ES 150ft S/0 Pomona Fwy W/B Ent FIE - 2 11 4465 4290 Diamond Bar ES 100ft SID Gentle Springs Ln F/W - 1 4291 Diamond Bar ES 100ft S/0 Gentle Springs Ln FIE - 2 12 4514 4326 Diamond Bar WS 400ft S/0 Gentle Springs Ln FIE - 1 - 4327 Diamond Bar WS 400ft S/0 Gentle Springs Ln F/W - 2 13 4456 4284 Diamond Bar WS 100ft N/0 Golden Springs Dr F/W - 1 4285 Diamond Bar WS 100ft N/0 Golden Springs Dr FIE - 2 14 55 4784 Diamond Bar WS 100ft N/0 Golden Springs -R FIE, - 1 4785 Diamond Bar WS 100ft N/O Golden Springs -R FIV - 2 15 4508 4322 Diamond Bar ES 100ft N/O Golden Springs -L FIE - 1 - 4323 Diamond Bar ES 100ft N/O Golden Springs -L F/W - 2 16 1680 7843 Diamond Bar WS 42ft SIO Tin Drive FIN - 1 7844 Diamond Bar WS 42ft SIO Tin Drive F/S - 2 17 1679 7841 Diamond Bar WS 18ft S/0 Clear Creek FIN - 1 7842 Diamond Bar WS 18ft S/0 Clear Creek F/S - 2 18 4470 4294 Diamond Bar ES 100ft N/O Grand Av F/W - 1 4295 Diamond Bar ES 1001 N/O Grand Av FIE - 2 19 4557 4350 Diamond Bar WS 100ft S/0 Grand Av FIE - 1 4351 Diamond Bar WS 100ft S/0 Grand Av F/W - 2 20 4467 4292 Diamond Bar ES 100ft S/0 Quail Summit Dr F/W - 1 4293 Diamond Bar ES 100ft S/0 Quail Summit Dr FIE - 2 Map Number sno Bfri irfi iro n,f pond kin sr,oaor i nrnfinn 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1678 7839 Diamond Bar ES 1ft N/O Acacia Hill F/S - 1 -- NO BUS STOP 7840 Diamond Bar ES 1ft N/0 Acacia Hill FIN - 2 -- NO BUS STOP 1677 7837 Diamond Bar ES 11 ft SID Silverhawk F/S - 1 7838 Diamond Bar ES lift SID Silverhawk FIN - 2 52 4778 Diamond Bar WS 100ft SID Fountain Springs FIE - 1 4779 Diamond Bar WS 100ft SID Fountain Springs F/W - 2 4263 8938 Brea Canyon ES 100ft N/O Diamond Bar F/S - 1 8939 Brea Canyon ES 100ft N/O Diamond Bar FIN - 2 4478 4300 Diamond Bar NS 100ft W/0 Brea Canyon FIE - 1 4301 Diamond Bar NS 100ft W/O Brea Canyon F/W - 2 4481 4302 Diamond Bar SS 100ft W/O Brea Canyon F/W - 1 4303 Diamond Bar SS 100ft W/O Brea Canyon FIE - 2 4264 8940 Pathfinder SS 100ft E/0 Orange NIB Fwy Exit FAN - 1 8941 Pathfinder SS 100ft E/O Orange NIB Fwy Exit FIE - 2 4448 4278 Golden Spring NS 100ft W/O Brea Canyon FIE - 1 4279 Golden Spring NS 100ft W/O Brea Canyon F/W - 2 4234 8913 Golden Springs NS 100ft E/O Rapidview FIE - 1 8914 Golden Springs NS 100ft E/O Rapidview F/W - 2 4232 8909 Golden Springs NS 100ft W/O Lemon FIE - 1 8910 Golden Springs NS 100ft W/O Lemon FNV - 2 4241 8922 Golden Spring SS 100ft E/0 Calbourne F/W - 1 8923 Golden Spring SS 100ft E/O Calbourne FIE - 2 4233 8911 Golden Springs SS 100ft E/O Lemon F/W - 1 8912 Golden Springs SS 100ft E/O Lemon FIE - 2 4236 8915 Golden Springs SS 100ft E/O Rapidview F/W - 1 8916 Golden Springs SS 100ft E/O Rapidview FIE - 2 4450 4280 Golden Spring SS 100ft E/0 Brea Canyon F/W - 1 4281 Golden Spring SS 100ft E/0 Brea Canyon FIE - 2 56 4786 Golden Spring NS 100ft E/0 Adel Av FIE - 1 4787 Golden Spring NS 100ft E/0 Adel Av F/W - 2 Map Letter Bench / Trash Container Location -- 55 Sites (52 bus stops) A 21810 Copley at AQMD Driveway B Across from 21810 Copley (Across from AQMD Driveway) C 21660 Copley at Driveway D Across from 21660 Copley E Copley At Entrance to Travelers Building (at Valley Vista) IF Copley Across from Entrance to Travelers Building (at Valley Vista) G Copley At Entrance to Holiday Inn Select H Copley Across from Entrance to Holiday Inn Select Golden Springs SS at Racquet Club J Golden Springs NS at Racquet Club K Golden Springs NS at Golden Prados L Golden Springs SS at Sabana M Golden Springs NS at Sabana N Golden Springs NS at Diamond Bar Blvd O Golden Springs SS at Ballena P Golden Springs NS at Ballena Q Golden Springs SS at Carpio R Golden Springs NS at Carpio S Golden Springs SS at Sylvan Glen T Golden Springs NS at Sylvan Glen U Golden Springs NS at Sunset Crossing V Golden Springs SS at Sunset Crossing W Golden Springs NS at High Knob X Golden Springs SS at High Knob Y Temple Ave SS E/O Golden Springs Z Temple Ave SS E/O Diamond Bar a Diamond Bar WS N/O 60 Fwy b Diamond Bar WS N/O Gold Rush C Diamond Bar ES S/0 Gold Rush d Diamond Bar ES N/O Tin Map Letter Bench / Trash Container Location e Diamond Bar ES S/O Steep Canyon -- NO BUS STOP f Diamond Bar WS S/O Trail Head (Sycamore Canyon Park) -- NO BUS STOP q Diamond Bar ES S/O Clear Creek Canyon h Diamond Bar WS at Quail Summit j Diamond Bar ES S/0 Mountain Laurel j Diamond Bar WS S/O Mountain Laurel k Diamond Bar WS N/O Maple Hill Diamond Bar ES S/O Maple Hill M Diamond Bar WS N/O Acacia Hill -- NO BUS STOP n Diamond Bar WS N/O Kiowa Crest O Diamond Bar ES S/0 Kiowa Crest P Diamond Bar WS N/0 Pathfinder q Diamond Bar ES S/O Pathfinder r Diamond Bar WS at Shawdow Canyon S Diamond Bar ES at Fountain Springs t Diamond Bar WS N/O Cold Spring U Diamond Bar ES S/O Cold Spring v Diamond Bar WS S/0 Crooked Creek w Diamond Bar ES S/0 Crooked Creek x Brea Canyon Road WS S/O Diamond Bar v Pathfinder NS E/O 57 Fwy NB Entrance z Golden Springs NS E/O Calbourne AA Golden Springs NS W/O Adel AMENDMENT #1 TO FRANCHISE AGREEMENT FOR BUS SHELTERS THIS AGREEMENT AMENDMENT is made this 15th day of May, 2007 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and CLEAR CHANNEL OUTDOOR (formally ELLER MEDIA COMPANY), a California Corporation ("FRANCHISEE"), Recitals: CITY awarded a franchise agreement ("AGREEMENT') to FRANCHISEE on September 5, 2000 for the provision of bus shelters and bus benches at various designated bus stop locations throughout the City for the seven (7) year term of July 1, 2000 — June 30, 2007. b. Parties desire to amend the AGREEMENT to extend the term for an additional seven (7) years, July 1, 2007 — June 30, 2014. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Section 8 of the AGREEMENT is amended to extend the term to July 1, 2007 — June 30, 2014. 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 #1 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Ste ye Mayor CLEAR CHANNEL OUTDOOR, INC. Franchisee SignedL__ l' �- TitleyC,<- � City Cler CITY OF DIAMOND BAR FRANCHISE AGREEMENT FOR BIDS SHELTERS THIS AGREEMENT is made this 5th day of September, 2000, by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California, ("CITY") and ELLER MEDIA COMPANY, (formerly Metro Display Advertising), a California Corporation, ("FRANCHISEE"). RECITALS A. The City desires bus shelters and bus benches, hereinafter referred to as "shelters" and "benches", at various designated bus stop locations throughout the City. B. City desires to provide such shelters and benches without incurring costs and expenses therefor. C. Franchisee represents that it is willing and qualified to provide such shelters under the terms and conditions hereinafter set forth. D. City is willing to provide Franchisee with a right to construct, erect, install, repair, maintain and insure such shelters on City -owned property under the terms and conditions hereinafter set forth. AGREEMENT 1. Grant of Richt by City. City hereby grants to Franchisee, subject to Provisions herein, the right to construct, erect, install, repair, maintain and insure shelters as described in Exhibit "A", attached hereto and incorporated herein by reference, at twenty-four (24) designated bus stop locations, said locations as are described in Exhibit "A" attached hereto and incorporated herein by reference. 2. Fee Payable to City. a. In consideration of the right granted hereby, Franchisee agrees to pay to City 19.1% of the gross advertising revenues received by Franchisee, after agency commission, for the rental of advertising space in and on each shelter, and in no instance shall said payment be less than a minimum of $1000 per month. No CPI increases will be available for the seven (7) year term and no additional minimum guaranteed fees will be available if additional bus shelters are installed above and beyond those 24 shelters described in Exhibit "A". b. Franchisee shall make payment to City on a quarterly basis for all shelter revenues due City for the preceding quarter. Payments are due January 15, April 15, July 15 and October 15 of each year. c. Franchisee shall allow inspection of its books and records by City officials as authorized by City Manager, at Franchisee's office during reasonable business hours, to determine revenues due the City. If payments are 3% or more lower than they should be, Franchisee shall pay costs of inspection. 3. Franchisee's Services. Franchisee agrees, at its own cost and expense, to perform the following: a. All bus shelters existing and in place in Diamond Bar as of the date hereof shall be removed and replaced with modular design bus shelters, as determined by the City. Work must be completed within 90 days of approval of design by the City. b. At least ten (10) new modular bus shelters shall be installed at ten (10) new locations; sites to be determined by mutual agreement and consent of both the Franchisee and City. Work shall be completed within 120 days of site determination. c. All concrete bus stop benches existing and in place in Diamond Bar as of the date hereof shall be removed and replaced with concrete bus stop benches of a new design, to be determined by the City. Work shall be completed within 150 days of design determination. Once installed, concrete bus stop benches shall become the property of the City. d. Concrete trash containers shall be provided and installed adjacent to all new concrete bus stop benches by the Franchisee. City shall determine design of concrete trash containers. Franchisee shall service trash containers per the frequency stated in Section 4 of this Agreement. Concrete trash containers shall be installed concurrently with new concrete bus stop benches. Once installed, concrete trash containers shall become the property of the City. e. Shelter Electrification — All bus shelters shall be equipped with solar powered illumination, consisting of energy efficient overhead fluorescent lighting (Minimum size — 80 ) concealed in the roof structure, unless Franchisee demonstrates that solar energy cannot feasibly be employed due to the physical location of the shelter. Photocells or other approved devices capable of activating each shelter's lighting system shall be installed to ensure that the shelter is illuminated from dusk to dawn. If solar energization is infeasible at any particular location, conventional electrical energy shall be used to satisfy this requirement as long as a ready source of electricity is reasonably proximate to the shelter and the cost of connecting to that source is not unreasonable. In such event, Franchisee shall pay for the necessary electrical hook up and pay for onging electricity charges. f. Additional Shelters. The City reserves the right to require shelters in addition to the 24 referenced in Exhibit "A" and the 10 stated in paragraph 3.b. subject to the provisions herein, and upon written amendment to this agreement. Franchisee shall make every effort to meet the need for additional City requested shelters, or document in writing within seven (7) days why it cannot meet stated needs. Failure to respond to City's written request within seven (7) days shall release City to fill the need at its discretion. No shelters other than those specified in Exhibit "A" shall be installed by the Franchisee without written authorization from the City. g. Liquidated Damages. Failure to perform, as required above, on any item, will result in liquidated damages being assessed by the City in the sum of fifty dollars ($50.00) for each delinquent day. 4. Shelter and Bench Maintenance Repair: The Franchisee shall maintain, repair, clean, and service all shelters and benches, keeping them, their appurtenances and the immediate surrounding areas, in a safe, clean, attractive. and sanitary condition. The Franchisee shall be at liberty to enter upon and into shelters and benches at any 2 reasonable time with personnel and all necessary equipment and materials to provide for the satisfactory maintenance of all the shelters and benches. Franchisee shall complete clean-up/trash removal calls on each shelter and bench location at least twice each week, one of those being on the first work day following a weekend. Shelters and benches located on Diamond Bar Blvd. between Golden Springs and Palomino (area of K -Mart Shopping Center) shall be serviced five days per week (Monday through Friday). Each shelter and bus bench shall be completely steam cleaned as needed, but not less often than once a month. Franchisee maintenance crews shall respond to maintenance problems at shelters and benches within three (3) hours of notification. The Franchisee shall repair or replace bus shelters and benches due to damage, vandalism or graffiti within two (2) working days after having been found at the time of the required twice (or five-day) per week routine maintenance, or sooner upon notification by the City. If shelter or bench damage or vandalism is such that the public could be exposed to a dangerous situation while in or near the shelter or bench, the Franchisee shall repair or, if necessary, remove the entire shelter or bench within twenty- four (24) hours of notification, leaving the site in a safe condition, and it shall be replaced and made fully operational at the same location within five (5) working days after removal. The Franchisee shall furnish to the City a written monthly summary of its shelter maintenance operations within the City of Diamond Bar. All maintenance work and corrective actions shall be performed at the expense of the Franchisee. Franchisee's personnel, equipment and/or vehicles shall not block automobile or bicycle travel lanes without proper warning signs and traffic delineation devices properly placed in accordance with the Work Area Traffic Control Handbook (Published by Building News, Inc.) 5. Advertising: The Franchisee shall, upon request, transmit to the City Manager or his designee, color copies of any and all ads proposed to be placed in the shelters, for review prior to display. Should the City, in its sole discretion, determine that any advertising on any shelter is improper, offensive or constitutes a display that is likely to interfere with, mislead or distract traffic, or conflict with any traffic control system, the Franchisee shall be so advised and shall not utilize such advertising. In the event Franchisee fails to provide the City Manager or his designee with such color copies prior to display, and the display is determined to be improper, for any reason set forth herein, Franchisee shall remove such advertising within twenty-four (24) hours. after the City serves written notice thereof. Franchisee contractor will provide local businesses the right of first refusal on 50% of the available advertising space. 6. Public Service Messages: Franchisee shall make available to CITY advertising space on each of the bus shelters for placement of public service messages, at no charge to the City, in accordance with the following schedule during the term of this Agreement: 29; A minimum of 15%n of total advertising space from November 1 through February 7 A minimum of 10% of total advertising space from March 1 through April 30 and September 1 through October 31; A minimum of 5% of total advertising space from May 1 through August 31. Advertising space above and beyond the minimums may be made available to CITY on a space available basis. 7. Performance Guarantee: The Franchisee shall post and maintain an irrevocable letter of credit which will inure to the benefit of the City, or equivalent security approved by the City, in the amount of twenty-five thousand dollars ($25,000.00). Said letter of credit or security shall remain in effect over the duration of the franchise period to insure the faithful performance of Franchisee's covenants for construction, maintenance, and repair or replacement of the shelters and benches, timely payment of all revenues due the City, ie.: advertising revenues, and restoration of shelter sites to their condition existing prior to installation of the shelters, whenever a shelter is removed or relocated. All shelters no longer serving a specified bus route shall be removed by Franchisee at its own expense within seven (7) days after written notice is served by mail by City. Shelters may be relocated only with City approval. S. Term: The term of this agreement shall be from July 1, 2000 and shall continue for a term of seven (7) years, unless previously terminated as provided in Section 9. By mutual agreement and consent of both Franchisee and City, this agreement may be extended for an additional seven (7) year term. Conditions and revenue are to be negotiated at time of extension as amended. 9. Termination: If the Franchisee is found to be in default with respect to any term or provision of the franchise, and if after ten (10) days prior written notice, Franchisee does not cure such default and provide for the satisfactory continuance of the agreement, the City may terminate the contract upon giving the Franchisee written notice thereof not less than sixty (60) days prior to the effective date of termination. Upon termination of the franchise, either by default or by expiration of its term, and within ten (10) days thereof the Franchisee shall remove the shelters and restore each site to its proper and original condition at the Franchisee's own cost and expense. The non -advertising bus benches and concrete trash containers shall remain in place at the termination of the franchise. Franchisee shall retain the right to remove an_v shelter upon sixty (60) days notice to the City of Diamond Bar in the event the Federal, State, Municipal or other proper authorities should hereafter establish any rules, regulations or taxation which shall so restrict location, construction, maintenance or operation of the shelters as to substantially diminish the value of said shelters for advertising purpose which effectively inhibits the ability of the bus shelter to generate advertising profit. 10. Independent Contractor: Franchisee is an independent contractor and not an employee of City, and all personnel to be utilized by Franchisee in the performance of this Agreement shall be employees of Franchisee and not employees of City. Franchisee shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 11. Insurance: The Franchisee shall obtain, at its sole cost, and keep in force throughout the term of the franchise, the following insurance coverage: a. Minimum one million dollars ($1,000,000.00) combined single limit public liability insurance for bodily injury and property damage. b. Said policy or policies shall be in a form approved by the City and shall name the City, the City Council, its officers, agents and employees as additional insureds by an endorsement to the policy. Said endorsement shall provide that the City shall receive not less than thirty (30) days prior written notice of cancellation of any policies of insurance required hereunder. c. Franchise shall furnish evidence, prior to commencing performance of this Agreement, of having procured Workers' Compensation Insurance on behalf of its employees in an amount as required by law and which is acceptable to the City Attorney of City. Further, the Franchisee shall obtain any additional kinds and amounts of insurance which, in its own ,judgement may be necessary for the proper protection of any of its officers', employees', agents', or authorized subcontractors' own actions during the performance of this franchise. 12. Representative and Notices: The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Ton}�Ineegneri, Vice -President. Public .Affairs; shall be the sole representative of Franchise for purposes of this Agreement, and may enter into any subordinate agreements with City pursuant to this Agreement on behalf of the Franchisee. Notice and written communications sent by one party to the other shall be personally delivered or sent by U.S. Mail, postage prepaid, to the following addresses: If sent by Franchisee to City: City Manager City of Diamond Bar 21660 E. Copley Drive Suite #100 Diamond Bar, CA 91765-4177 If sent by City to Franchisee: Eller Media Co. Tony Ingegneri, Vice -President, Public Affairs 1539 W. Orangewood Ave. Orange. Ca 92668 13. Subcontractors: None of the services to be provided under this Agreement shall be subcontracted without the prior approval of City. Franchisee shall be 5 fully responsible to City for the performance of any and all approved subcontractors. Any performance of Franchisee's obligations hereunder by any person or entity, other than Franchisee, without prior written permission of City, shall be deemed reasonable cause for City to terminate this Agreement. 14. Assi2nability: This Agreement may not be sold, transferred or assigned by the Franchisee or by operation of law, to any other person or persons, business entity, without the City's prior written permission. Any such sale, transfer or assignment without written permission, may be deemed by City to constitute a voluntary termination of this Agreement by Contractor constitute a voluntary termination of this Agreement by Franchisee and this Agreement shall thereafter be deemed terminated and void; provided and excepting, however, that if the Franchisee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of this Agreement. 15. Indemnification: Franchisee shall defend, indemnify, hold free and harmless the City, its elected officials, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify, save and hold harmless City, elected officials, its officers and employees from any and all claims, demands, suits, actions or proceedings of any kind of nature, including, but not by way of limitation, all civil claims, Workers' Compensation claims, and all other claims resulting from or arising out of the acts, errors or omissions of Franchisee, its employees and/or authorized subcontractors, whether intentional or non -intentional, in the performance of this Agreement. 16. Validity: The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement. 17. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18. Entire Agreement: This Agreement supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the Covenants and Agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by both City and Franchisee. 19. Tax Interest: Franchisee recognizes and understands that this Agreement may create a possessory interest in Franchisee subject to property taxation and Franchisee agrees to assume all liability and responsibility for payment of property taxes levied on each interest. 0 20. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 21. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and 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 home 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. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR ELLER MEDIA COMPANY A Municipal Corporation A California Corporation of the State of California Signed�� f�UlchrC— Title &I �/� Signed.. Title City Clerk EXHIBIT "A" IS Shelter Locations Location: 1. WB Diamond Bar Brea Canyon 2. WB Diamond Bar Fountain Springs 3. WB Diamond Bar Grand Avenue 4. WB Diamond Bar Golden Springs 5. WB Diamond Bar Sav-On Entrance 6. WB Diamond Bar Pomona Freeway 7. WB Diamond Bar Sunset Crossing Road S. WB Diamond Bar Highland Valley Road 9. WB Diamond Bar Temple Avenue 10, WB Golden Springs Grand Avenue 11, WB Golden Springs Brea Canyon Road 12, EB Golden Springs Brea Canyon Road 13. EB Golden Springs Grand Avenue 14. FB Diamond Bar Golden Springs 15, EB Diamond Bar K -Mart Entrance 16. EB Diamond Bar Sunset Crossing Road 17. EB Diamond Bar Highland Valley Road 18. EB Diamond Bar Grand Avenue 19. EB Diamond Bar Quail Summit 20. EB Diamond Bar Brea Canyon Road 21. EB Diamond Bar Silver Hawk 2222 WB Diamond Bar Tin Drive 2.3. WB Diamond Bar Clear Creek Canyon Drive 24. FB Diamond Bar Acacia Hill Road IS Agenda # 6. 8 Meeting Date: October 21 2014 CITY COUNCIL` '3w ' AGENDA REPORT /'�l il2Pand1Y /,� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Maa TITLE: AWARD OF PROFESSIONAL E :GINEERING SERVICES CONTRACT TO TAIT & ASSOCIATES, INC. FOR CIVIL ENGINEERING DESIGN, CONSTRUCTION ADMINISTRATION/INSPECTION, AND CONSTRUCTION SURVEY FOR THE RONALD REAGAN PARK AND CARLTON PETERSON PARK PARKING LOTS REHABILITATION PROJECT IN THE AMOUNT OF $109,685.00, PLUS A CONTINGENCY AMOUNT OF $11,000.00 FOR A TOTAL AUTHORIZATION OF $120,685.00. RECOMMENDATION: Award Contract. FINANCIAL IMPACT: For Fiscal Year 2014-2015, a General fund budget amount of $329,000 for Peterson Park Parking Lot Improvements and $100,000 for Reagan Park Parking Lot Improvements have been allocated and approved by the City Council for the design and construction of the subject improvements. The total project budget is $429,000. Funds to be used to complete the project are as follows: No. Item Amount 1. Civil Engineering Design, Construction Administration/Inspection, and Construction Survey $109,685.00 2. Contingency $11,000.00 Total $120,685.00 BACKGROUND/DISCUSSION: Ronald Reagan Park is located at the southwest corner of Pathfinder Road and Peaceful Hills Road. Peterson Park is located at the southeast corner of Sylvan Glenn and Golden Springs Drive. The project consists of complete rehabilitation of AC pavement in the parking lots and consideration of expansion of parking lot spaces, correction of drainage paths, removal and replacement of existing damaged concrete curb, gutter, and sidewalks, construction of ADA compliant concrete curb ramps, installation of new striping, and all incidental and appurtenant work. On August 7, 2014, a Request for Proposal (RFP) was mailed out to six (6) engineering firms to initiate the process of selecting a qualified engineering consultant to prepare the Civil Engineering design plans, technical specifications, and provide construction administration/inspection, and construction survey. On September 2, 2014, four (4) engineering consulting firms submitted proposals and cost estimates as indicated below: Consultant Cost Based on Hourly Rates DMS Consultants, Inc. $ 80,580.00 Tait & Associates, Inc. $109,685.00. TKE $111,400.00 PENCO $136,415.00 Per the Qualifications -Based Selection process in procuring engineering services firm, the cost of the work is not considered during the initial selection of the most qualified firm for this project. However, to give the various firms the same advantages and opportunities, the proposers were requested to summarize their fees and total hours for engineering design, technical specifications, and provide construction administration/inspection, and construction survey. Upon evaluation of the proposals by the selection committee, Tait & Associates, Inc. was selected based on meeting and surpassing the requirements for the qualifications of the project team, firm's experience, project understanding, project scheduling, and other related engineering aspects. Additionally, Tait & Associates, Inc. was deemed as the most qualified based on their approaches and methodology that best fit the City's needs. It is recommended that the City Council award the contract to Tait & Associates, Inc., in the amount of $109,685.00. 2 The tentative project schedule is as follows: Task Tentative Schedule Design Development November 2014 Plans and Specifications Complete February 2015 Construction Contract Award April 2015 Construction Start Late June 2015 "Late start due to recreation activities at both parks. Construction is expected to begin last week of June and end the second week of August. PREPARED BY: John Beshay, Associate Engineer Date Prepared: October 14, 2014 REVIEWED /� A David G. iu, P.E. Director of Public Works/ City Engineer Attachments: Consultant Services Agreement 3 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of October 21, 2014 by and between the City of Diamond Bar, a municipal corporation ("City") and Tait & Associates, Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated August 7, 2014. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Proposal, dated September 2, 2014 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Agreement shall take effect October 21, 2014, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "C". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred and Nine Thousand Six Hundred Eighty Five Dollars ($ 109,685.00). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano City Manager City of Diamond Bar 21810 Copley Drive Diamond Bar. CA 91765-4178 6. Status as Independent Contractor. Consultant: David Sloan Project Manager Tait & Associate, Inc 701 Park Cent Dr. Santa Ana, CA 92705 A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 2 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant 's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Consultant shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Consultant's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) 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 insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. 3 B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A-, VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should 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 Finance 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. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. E 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. s B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 19. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 9 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: M CITY OF DIAMOND BAR By: Tommye Cribbins, City Clerk Carol Herrera, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: 7 EXHIBIT "A" REQUEST FOR PROPOSALS rAugusi 1, 2014 21810 Copley Drive ® Diamond Bar, CA 91765-4178 To Civil Engineering Firms: (909) 839-7000 o Fax (909) 861-3117 www.DiamondBarCA.gov SUBJECT: Request for Proposals to Provide Professional Engineering Design and Construction Administration/Inspection Services for Park Parking Lot Rehabilitation Project I. INTRODUCTION The City of Diamond Bar is soliciting proposals to conduct professional engineering design and construction administration/inspection services on two (2) park parking lots. Refer to Exhibits A-1 & A-2 for site maps of the parks. The objective is to develop plans, specs and engineering estimates fortwo parking lots rehabilitation and to perform the construction administration/ inspection services once the construction contract is awarded. The intent is to have both park locations bid as one project. The two parks to be investigated are: Carol Herrera a. Ronald Regan Park -complete rehabiiita:ion of parking lot and Mayor potential expansion of parking lot spaces where "turn around" is located. Steve Tye b. Peterson Park -complete rehabilitation of parking lot, review and Mayor Pro Tem correction of drainage paths, potential expansion of parking spaces Ling -Ling Chang and on-site removal and replacement of existing damaged Council Member concrete. It is believed that a high groundwater table has contributed to the deterioration of this parking lot. Consultant must Nancy A. Lyons provide effective method of mitigating this condition so that it does Council Member not continue to compromise the parking lot. Jack Tanaka11. PROJECT TIMELINES Council Member The Consultant shall prepare construction plans, specifications and cost estimates for each park parking lot in accordance with the American Public Works Standard Construction Plans and City standards. The plans and specifications shall be completed within three (3) months after the issuance of a notice to proceed so that the project can go out to bid with construction completion targeted by the end of the fiscal year (June 30, 2015). Request for Proposals —Park Parking Lot Rehabilitation Project Page 2 The proposal shall identify each task to be included as part of each park location. At a minimum these tasks shall include for each project site: 1) Meet with the City staff prior to the beginning of work to discuss background, scope, objectives, and any other pertinent details of the project. Consultant shall also attend periodic meetings with City staff at various stages of the project as needed. 2) Collect and review all existing information pertaining to this project, including the available improvement and utility plans. 3) Perform a complete field review. Collect and review all existing field conditions and information pertaining to the proposed project. Obtain all available improvement and utility plans form the appropriate agencies. 4) Conduct a utility search for all utilities within the project limits and send two utility notices during design to all applicable utility companies. Review the location of the existing utilities, surface and subsurface structures and proposed improvements. If the proposed improvements interfere with existing utilities, the Consultant shall arrange to have potholes taken by the utility company. The Consultant shall secure the necessary permits from all utility companies and applicable agencies for the design and construction of the project. 5) The Consultant shall prepare plans, specifications, and cost estimate for the project as noted under the Introduction. The improvement plans shall be prepared in 20" scale and submitted in 24" x 36" sheet format and in Adobe Acrobat Format. Specifications shall be submitted on 8'/�" x 11" sheets in Microsoft Word Format. An electronic file will also be required to be submitted to the City. The Consultant shall prepare in Microsoft Excel format and submit the construction cost estimate on 8'/z' x 11" sheets. The cost estimate shall be prepared in a tabular form for each construction item showing quantity, unit, unit price, and total cost. All estimate back-up calculations by plan sheet shall also be submitted. Final plans and bid specifications shall be signed, stamped, and certified by a Civil Engineer registered in the State of California. 6) It is the City's intention to use the Standard Specifications for Public Works Construction (latest edition) and the Standard Plans for Public Works Construction (latest edition), in conjunction with the City standard specifications and plans. The Consultant shall provide copies of referenced standard plans from other sources. 7) Provide assistance during the bidding period. The selected Consultant shall provide technical assistance to the City staff. Should any questions arise during the bidding period, the Consultant shall provide clarification. If any changes to the plans and specifications are required during the bidding period, the Consultant shall make the necessary changes in a timely manner so that City staff can issue an addendum. Request for Proposals —Park Parking Lot Rehabilitation Project Page 3 8) Coordinate and conduct the Pre -Construction Meeting, including notifications to the contractor, utility agencies, and trash collection service. . Prepare the meeting agenda and minutes. 9) Re-establish Centerline Monuments if applicable and prepare Corner Records (this task will be the responsibility of the contractor, however the Construction Management Consultant will be responsible for reviewing the submittal prior to County recordation). 10) Oversee construction staking to reflect the design shown on the plans. 11) Provide inspection services for the entire project on an as -needed basis during mobilization, demobilization, traffic control installation and public notification process. Provide daily quality control and inspection services during construction. 12) Provide geotechnical investigation as deemed necessary for the design and inspection and testing services to certify that materials and construction conform to specifications during construction phase. 13) Address any public complaints or concerns received. 14) Review and address contractor's RFI's. 15) Assist in the preparation of contract change orders. 16) Prepare daily inspection logs which include the names of all construction workers on the project site, total hours worked on a daily basis for each employee, and the identification of each piece of equipment on the project site for each working day. Daily reports shall be submitted on a weekly basis and include progress and photo documentation by stages. All photos shall be submitted in digital format. 17) Prepare punch list and conduct final job walk. Prepare recommendation to City staff for acceptance of the construction project. IV. CITY SUPPORT A. Existing street, utility and park plans in the City's possession. B. Reproduction of final construction plans and specifications for advertising. V. PROPOSED FORMAT AND CONTENT FOR EACH PROPOSAL A. Project Team An organization chart indicating principals and key project team members. Also provide resumes of the key personnel involved with this project including personnel from sub -consultants. Request for Proposals —Park Parking Lot Rehabilitation Project Page 4 B. Firm's Experience List a maximum of three (3) projects which your firm has designed for other public agencies in the greater Los Angeles area. Provide the following information: location, owner, construction cost, year the design was completed, year the construction was completed, your project manager's and engineer's name. If any portion of the project is sub -contracted, provide similar information for a maximum of three projects. C. Project Understanding Describe the approach and methods that will be used to meet the project requirements. Also, identify any potential concerns or problems that your firm anticipates during the term of this project. D. Project Scheduling Provide a schedule identifying milestones for the major tasks in the design of the project, beginning with the Notice to Proceed. E. Resource Requirements Provide a man hour and fee estimate by item identified in Section III. Also provide a total "Not to Exceed" design fee and construction management fee for the project. Please state all assumptions upon which the estimates are based. Fees shall be included in a separate sealed envelope. F. Fee Schedule Provide the hourly rates of all personnel assigned to the project. These rates will be used to negotiate any additional work the City may request. G. 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 for submittal to the City Council. The selected Consultant must submit a "Statement Certifying Insurance Coverage" certifying that the required insurance coverage will be obtained by the Consultant, 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. H. References List of at least three (3) references must be provided. Include contact person, address, and telephone number. Request for Proposals —Park Parking Lot Rehabilitation Project Page 5 0 .9.9 Three (3) copies of the proposal shall be presented in a sealed envelope with the fee proposal(s) in a separate sealed envelope bearing the name, address and telephone number of the individual or entity submitting the proposal and shall be addressed to: Ms. Kimberly M. Young, P.E. Senior Civil Engineer City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, CA 91765-4177 The envelope shall be clearly marked with the notation "DO NOT OPEN — PROPOSAL." The proposal shall be delivered to the addressee on or before 3:00 P.M. on September 2, 2014. VII. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the scope of work prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; 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 shall only provide the staff assistance and documentation specifically referred to herein and shall not be responsible for any other cost of obligation of any kind which may be incurred by the proposing firm. All proposals submitted to the City in response to this RFP shall become property of the City. Vlll. QUESTIONS If you have an intention to submit a proposal and/or have any questions regarding the project, please call Ms. Kimberly M. Young, Senior Civil Engineer at (909) 839- 7044. Sincerely, C\K � David G. Liu P.E. I C Director of Public Works/City Engineer Attachments: Exhibit A-1 & A-2 Site Maps Exhibit B -Consulting Services Agreement 9 Poo ,.. to 9 < �yy d e b Reagan Park'Parking Lot Areas of con a rn are: -Pavem -64 ition -D 1 inane ADcompliance AdV- l;ncreasof parking spaces �� `a` „ v t e %kS. Ac Y k� yF. AM AS NK�✓'` a u j*y"h„ k a i �yi d ,. � Tyiligy�,i ia$VY 3 t y } 1nS3. S1 ZZ r ?`^' Peterson Park Parking Lot Areas of concern are: -Pavement condition _ io ar - Drainage 1 l'bow -ADA com litnce Increase # of parking spaces -On-site concrete removaLand replacement Alf INIS, , Mi Ir - Glen THIS AGREEMENT is made as of 20XX by and between the City of Diamond Bar, a municipal corporation ("City") and , Inc., ("Consultant'). A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1 Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", the City's Request for Proposals dated 20XX and Exhibit "B" the Consultant's Proposal, dated , 20XX. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 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 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 Consultant pursuant to this Agreement shall not exceed ($ ). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses City: James DeStefano, City Manager Consultant: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 1 C . 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 inplependent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant 's negligence, 2 recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Consultant shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Consultant's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) au omotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) 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 insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A-, VII. i C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should 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 Finance 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. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed E by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise; to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this /agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. Non -Waiver of Terns, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under -this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 19. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business Fours 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. 9 22. Governing Law, This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: la CITY OF DIAMOND BAR By: Tommye Cribbins, City Clerk Carol Herrera, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: CITY OF DIAMOND BAR REQUEST FOR PROPOSAL DEPARTMENT OF PUBLIC WORKS AMENDMENT NO. 1 21810 COPLEY DRIVE RFP DUE DATE: September 2, 2014 3:00pm DIAMOND BAR, CA 91765 909-839-7040 Design and Construction Administrationlinspection Services for Park Parking Lot Rehabilitation Project 1PUTAIMPTON ISSUED: August 15, 2014 The following are responses to questions received regarding the Subject RFP dated August 7, 2014. Please sign this Amendment where designated and return the executed copy with the submission of your proposal. This amendment is hereby made part of the referenced request for proposal as though fully set forth therein. Any questions_ regarding this amendment should be addressed to: Kimberly M. Young, P.E. Senior Civil Engineer City of Diamond Bar Department of Public Works 21810Copley Drive Diamond Bar, CA 91765 (909)839-7044 Email: kyoung@diamondbarca.gov 1 ORDINANCE NO. 11 (2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING DIVISION 5 OF CHAPTER 8.12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) REQUIREMENTS BY IMPOSING RAINWATER LOW IMPACT DEVELOPMENT (LID) STRATEGIES ON PROJECTS THAT REQUIRE BUILDING, GRADING AND ENCROACHMENT PERMITS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS: A. The federal Clean Water Act establishes Regional Water Quality. Control Boards in order to prohibit the discharge of pollutants in stormwater runoff to waters of the United States. B. The City is a permittee under the permit issued by the California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2012-0175, on November 08, 2012 which permit establishes Waste Discharge Requirements for Municipal Separate Storm Sewer Systems (MS4) Discharges within the Coastal Watersheds of Los Angeles County, except discharges originating from the City of Long Beach MS4. C. Order No. R4 -2g12-0175 ("Order") contains requirements for the City to establish a Low Impact Development (LID) Ordinance in order to participate in a Watershed Management Program and/or Enhanced Watershed Management Program. D. The Regional Board has adopted Total. Maximum Daily Loads (TMDLs) for pollutants which are numerical discharge limits that must be achieved effectively through LID implementation. E. The City has the authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions and limitations with respect to activity that might degrade waters of the State. F. The City has a stormwater management program that protects water quality and water supply by employing watershed -based approaches that balance environmental and economic considerations. G. Urbanization has led to increased impervious surface areas resulting in increased water runoff and less percolation to groundwater aquifers causing the transport of pollutants to downstream receiving waters. H. As required by the.Order the City is expanding the applicability of the existing LID requirements by providing stormwater and rainwater LID strategies for all projects development and redevelopment projects. a Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales. Bioretention means a LID BMP that reduces stormwater runoff by . intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum 2 -foot top layer of a specified soil and compost mixture underlain by a gravel -filled temporary storage pit dug into the in-situ soil. As defined in this Ordinance, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by Order No. R4-2012-0175 as biofiltration. Bioswale means a LID BMP consisting of a shallow channel lined with grass or other dense, low -growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes. Commercial Malls means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s).,A commercial mall includes, but is not limited to: mini -malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers. Construction Activity means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See `Routine Maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction. Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan. Discharge means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance. . Flow-through treatment BMPs means a modular, vault type "high flow biotreatment' devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain. Full Capture System means any single device or series of devices, certified by the Executive Officer, that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub -drainage area. General Construction Activities Storm Water Permit (GCASP) means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions. 3 (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR Section 122.2. (40 CFR Section 122.26(b) (8)). National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Section 307, 402, 318, and 405. The term includes an "approved program". Natural Drainage System means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system. Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances with connect segments of the same stream or other waters of the United Sates and are used to convey waters of the United States. (40 CFR Section 122.26(b) (9)). Parking Lot means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area, or with 25 or more parking spaces. Pollutant means any "pollutant" defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Section 1337. Project means all development, redevelopment, and land disturbing activities. The term is not limited to "Project" as defined under CEQA (Pub. Resources Code Section 21065). Rainfall Harvest and Use means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non -potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department. Receiving Water means "water of the United States' into which waste and/or pollutants are or may be discharged. Redevelopment means land -disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. Routine Maintenance" includes, but is not limited to projects conducted to; 8. Special areas. Storm Drain System means any facility or any parts of the facility, including streets, gutters, conduits, natural or artificial drains, channels and watercourse that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the City. Storm Water or Stormwater means runoff and drainage related to precipitation events (pursuant to 40 CFR Section 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)). Urban Runoff means surface water flow produced by storm and non -storm events. Non -storm events include flow from residential, commercial or industrial activities involving the use of potable and non -potable water." Section 3: The second sentence of Section 8.12.1690(b) is amended to read as follows: "The following shall apply to all construction activities within the City not otherwise governed by Section 8.12.1695 of this Code and such construction activities shall be required from the time of land clearing, demolition or commencement of construction until receipt of a certificate of occupancy:" Section 4: Section 8.12.1695, entitled "Standard Urban Storm Water Mitigation Plan . ((SUSMP"), is deleted in its entirety and replaced with the following: "Section 8.12.1695. — Low Impact Development Measures for New Development and/or Redevelopment Planning and Construction Activities. (a) Objective. The provisions of this Section establish requirements for construction activities and facility operations of Development and Redevelopment projects to comply with the current "Order No. R4-2012-0175," lessen the water quality impacts of development by using smart growth practices, and integrate LID practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. LID shall be inclusive of new development and/or redevelopment requirements. (b) Scope. This Section contains requirements for stormwater pollution control measures in Development and Redevelopment projects and authorizes the City to further define and adopt stormwater pollution control measures, and to develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies, grant waivers from the LID requirements, and collect funds for Projects that are granted waivers. Except as otherwise provided herein, the City shall administer, implement and enforce the provisions of this Section. (c) Applicability. Development projects subject to Permittee conditioning and approval for the design and implementation of post -construction controls to mitigate storm water pollution, prior to completion of the project(s), are: (1) All development projects equal to 1 acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area. considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade. e.. Existing single-family dwelling and accessory structures are exempt from the Redevelopment requirements unless such projects create, add, or replace 10,000 square feet of impervious surface area. (d) Effective Date. The Planning and Land Development requirements contained in Section 7 of Order No. R4-2012-0175 shall become effective 90 days from the adoption of the Order (February 6, 2013). This includes Planning Priority Projects that are discretionary permit projects or project phases that have not been deemed complete for processing, or discretionary permit projects without vesting tentative maps that have not requested and received an.extension of previously granted approvals within 90 days of adoption of the Order. Projects that have been deemed complete within 90 days of adoption of the Order are not subject to the requirements of Section 7. (e) Specific Requirements. The Site for every Project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use. (1) A new single-family hillside home development shall include mitigation measures to: a. Conserve natural areas; b. Protect slopes and channels; c. Provide storm drain system stenciling and signage; d. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and e. Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability. (2) Street and road construction of 10,000 square feet or more of impervious surface shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA -833-F-08-009) to the maximum extent practicable. (3) The remainder of Projects shall prepare a LID Plan to comply with the following: a. Retain stormwater runoff onsite for the Stormwater Quality Design Volume (SWQDv) defined as the runoff from: i. The 85th percentile 24-hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or ii. The volume of runoff produced from a 0.75 inch, 24-hour rain event, whichever is greater. the remaining provisions of this Ordinance which provisions are declared to be severable from those found to be unconstitutional or otherwise invalid. Section 6: EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. Section 7: The City Clerk shall certify to the passage and adoption of this Ordinance and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk, PASSED, APPROVED AND ADOPTED THIS 5th DAY OF November 'BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was duly introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15tiday of r -, 2.013 and was finally passed at a regular meeting of the City Council held on the 5th day of nn+ 2013, by the following vote: AYES: Council Members: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None ATTEST:9 n eJ V Tommye Cribbins, City Clerk City of Diamond Bar 11 EXHIBIT "B" LEVEL OF SERVICE/ TIME OF PERFORMANCE PROJECT SCHEDULE w.4 @City of Diamond Bar Proposal for Professional Engineering Services for a Comprehensive Drainage Study SCOPE Or WORK Based on our review of the RFP, we have prepared the following work items for this project. Design Phase i) Design Kickoff Meeting & Site Ret-iz w Design Kickoff 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 including as -built plans, record plans, CAD files and GIS files, for the proposed parks at the kickoff meeting. Based on our actual NTP date, Tait will prepare and present an update of our project schedule to be reviewed with the City Project Manager during our Kick-off Meeting. Any revisions or adjustments that need to be made to the project schedule will be thoroughly discussed with the City Project Manager prior to finalization. For the kickoff meeting and for each project meeting, 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. Initial Site Review Upon completion of the kickoff meeting, Tait will conduct the initial design site investigation at both sites in order to verify the existing field conditions and locate all work items. The site investigation will also include reviewing the existing walkways for damaged or uplifted sidewalk that will need to be replaced as part of this project. All findings from the field investigation will be documented and filed in the project folder for submittal to the City. Deliverables: ✓ Meeting Agenda & Minutes ✓ Updated Project Schedule ✓ Field notes & pictures 2) Existing Records Research & Review This task will include a research of record Information from City files, acquiring existing available survey information (assessor maps, County Recorder's office property descriptions, tract maps, parcel maps, records of survey, etc. — as necessary) 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. C ) Project Understanding& Approach TAI.T.,..., Page 1 18 City of Diamond Bar Proposal for Professional Engineering Services for a Comprehensive Drainage Study The existing City roadway as built plans for the existing streets and park and available CAD and GIS files will be reviewed for potential use. . In addition, TAIT will document, contact, and coordinate with other public and private agencies/entities/jurisdictions involved to inform them about the project and obtain their records, approval, and permit requirements. Deliverables: Digital Copies of Obtained Records g) Design Field Survey & Analysis s Due to the fact that re -grading, expansion and potential drainage improvements are proposed on both sites, it will be critical that surveyed horizontal and elevation data be available during the design phase. _ . As part of our scope, Tait proposes to conduct a design topographic field survey of the two existing parking lots and will provide all necessary surveying services with our in-house survey department. The design survey will be limited to the parking lots and adjacent walkways and driveways at both of the parking lots. The proposed limits of survey will be reviewed with City staff prior to authorization of the work in order to ensure the full limits of the expansion are captured in the survey. It is assumed that the sidewalk removal and replacement improvements will not require elevations data and will not be surveyed as part of this work item. All field data obtained will be reviewed in the office for accuracy and will be used as the base for our topographic basemap and design surface. Deliverables: ✓ Field Survey Data (CAD & Point Files) ✓ Field Notes & Photos As part of our base scope of work, Tait will prepare and distribute three 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 requesting all available records for the select project areas. The second notice will be distributed to all present utilities near the 80% design completion stage and will include a reduced size plan for the utility's review and comment. The final notice will be sent at the design completion stage and will include a signed, reduced size print of the plans for the utilities records. 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 Records Request Notice ✓ Utility Correspondence and Design Records C ) Project Understanding& Approach TAIT L'44 Page 1 19 City of Diamond Bar Proposal for Professional Engineering Services for a Comprehensive Drainage Study `•.��� 5) Geotechnicabinvestic?tgon &Report Tait & Associates has obtained the services of Southern California Geotechnical, Inc. (SCG) to conduct all required geotechnical design field investigations for this project. The scope of the design geotechnical services will include: Subsurface Exploration: Several borings will be drilled at each site in order to explore the subsurface soil conditions and to obtain soil samples for laboratory testing. We propose to drill a total of four (4) borings within the existing pavement areas. The number and depths of the borings will be as follows: Ronald Regan Park — Two (2) borings will be drilled within the existing pavement areas. One of the borings will be drilled to a depth of 5± feet and the second boring will be drilled to a depth of 25 to 30± feet. The purpose of the deeper boring is to determine the current depth to existing groundwater. v Peterson Park — Two (2) borings will be drilled within the existing pavement areas. Boring depths are the same as Ronald Regan Park. All of the borings will be advanced using a conventional truck mounted drill rig, equipped with standard hollow stem augers. Field exploration will consist of performing Standard Penetration Tests (SPT's) in C" general accordance with ASTM D-1586 specifications and/or obtaining relatively undisturbed ring samples in accordance with ASTM D-3550, at 2'/2 to 5 -foot intervals, or at each major change in stratigraphy. Water level readings will be taken at the time of boring completion to provide a preliminary estimate of the static groundwater table. Laboratory Testing: Laboratory testing will be performed to determine the classification, strength, compressibility, and other characteristics of the encountered materials. We propose to perform a total of two (2) R -value tests for use in the pavement design. This test is typically used in evaluating the suitability of the materials for pavement support and to provide grading recommendations and other design and general construction considerations. The proposed scope of services also includes fees associated with expansion index and soluble sulfate testing. More detailed laboratory testing has not -been included within the proposed scope of services, and is not expected to be necessary. If the subsurface conditions dictate additional testing, the City will be contacted for approval prior to completing additional testing. C ) Project Understanding& Approach TAIT F �i1171 1 xV 6 P, " ? City of Diamond Bar Proposal for Professional Engineering Services for a Comprehensive Drainage Study Engineering Analysis and Report Preparation The results of the proposed investigation will be presented in a formal report containing the following information, where applicable. a. A summary of the subsurface conditions encountered at the boring locations, including a site plan, exploration logs and a summary of laboratory test results. b. A description of the general geology at the site including possible geologic constraints which could have an effect on the site development. c. A discussion of potential construction difficulties that may be encountered due to soil conditions, groundwater or geologic constraints and provision of recommendations concerning these problems. d. Pavement design parameters, based on the tested R -value, and traffic data provided by the City (or to be assumed). Deliverables: Geotechnical Investigation Field Notes Test Data, Reports, and Findings ✓ Geotechnical Report A-1) LID Placa Preparation Based on the current project scope to expand parking at both locations, it is likely that a Storm Water Management LID Plan will be required. Tait has included an alternate fee in our proposed fee schedule that includes the costs for the scoping, field infiltration testing, design and preparation of an LID plan for both parks. Due to the separation between the two project sites, it has been assumed that two separate LID plans will need to be prepared. Should the City choose to expand only one of the two parking lots, Tait will provide an updated fee that eliminates one of the LID plans from the scope of work. The proposed phasing for the preparation of the LID plans is as follows: LID Scoping Phase At project inception, Tait will meet with City staff to review the existing site conditions and discuss potential LID options for each site. Tait will review infiltration, harvest and reuse and bio treatment options for the site with the City and will identify possible locations for the implementation of these devices, subject to final field testing. Field Infiltration Testing Upon completion of the LID scoping phase, Tait will authorize SCG to conduct infiltration testing at each of the project sites. Two infiltration tests are proposed to be taken at each site in accordance with the County of Los Angeles guidelines. The infiltration tests will be used to C j Project Understanding& Approach TAi.T...,._. Page 1 21 City of Diamond Bar Proposal for Professional Engineering Services for a Comprehensive Drainage Study determine the feasibility of constructing infiltration BMPs for the projects LID improvements, and will ultimately aid in the sizing of any infiltration related basins or wells. LID Design Phase Upon receipt of the infiltration test results and the design topographic survey data, Tait will prepare design plans for implementation of the project BMPs into the two park sites at agreed upon locations. Tait will prepare initial design concepts and will present them to the city for review and approval. Upon approval of the LID design concept, Tait will initiate the final LID Plan Preparation Phase. LID Plan Preparation Phase The LID Plan will be prepared in accordance with the County of Los Angeles LID Plan. Manual and will include discussions on existing and proposed site conditions, drainage patterns and topography, as well as an analysis on the proposed improvements, calculations on hydrologic conditions of concern, and the calculations for the design capture volumes and proposed BMP treatment methodologies. Tait will submit an LID plan to the City at the 80% & 100% Submittals for City review and comment. Deliverables (Assumes 2 LID Plans/Locations): ✓ LID Scoping Notes & Minutes ✓ Geotechnical Infiltration Testing Results and Report ✓ BMP Conceptual Design ✓ LID Plans (80%& 100% Submittal) Upon completion of the design field investigation, survey and geotechnical investigation, Tait will conduct a design analysis on the project site in order to conceptualize and review the proposed parking lot expansion and rehabilitation scenarios. The analysis will include preparation of design layout scenario for each park that expands the parking lots to accommodate additional parking stalls and LID components, if required. The analysis will also include the design and implementation of groundwater mitigation objects at Peterson Park. Tait will prepare preliminary design concepts for the two parks and will meet with City staff to discuss and review the proposed improvements. Upon approval of the proposed preliminary parking lot expansion and rehabilitation plans, Tait will then initiate the preparation of the design PS&E. Deliverables: ✓ Parking Lot Design Preliminary Plans ✓ Groundwater Mitigation Design Concepts TAl..�._,..., - f City of Diamond Bar Proposal for Professional Engineering Services for a Comprehensive Drainage Study �' ,. _.:: ., �.,..w�„�„.m:x"�.�..✓da::�G�',v^"r...e.;.;: �.r:, .:.a�.; «..,x.,sw,.�s...%;v..m r,_zn+:.. 7) Design PS&E(80%c&100%oSuimiftafs) Tait will prepare design PS&E for both of the parking lots in accordance with the RFP requirements. A single PS&E will be prepared for both parks, and the plans will be prepared in 1" = 20' scale. Elevation callouts will be provided at all critical junction points in the plan view, and a horizontal control plan or table, if needed, will be provided for all new improvements. The proposed plan set will also incorporate all proposed drainage improvements for ground water mitigation and will incorporate any necessary LID improvements that may be required for this project. The proposed specifications will be prepared in the City's standard format and will reference the most recent version of the Standard Specifications for Public Works Construction. Each work item will have a specific payment clause called out in order to ensure clarity of bid items is achieved in the bid package. Construction cost estimates will be prepared and submitted to the City at each submittal in accordance with the RFP requirements. Submittals Tait proposes to submit full PS&E to the City at the 80% and 100% design completion levels in addition to the initial design concept review level. Deliverables: ✓ 80% PS&E (Hard Copy & Digital Copy) ✓ 100% PS&E (Signed Hard Copy and Scanned Digital Copies) Upon approval of the design PS&E, Tait will assist the City during the advertisement and bidding phase. Tait will prepare all necessary addendums, respond to RFIs and assist the City with any necessary bid review items as part of this work item. Upon award of the contract to the lowest responsive bidder, Tait will initiate the construction management phase of this contract. Deliverables: ✓ Contract Addendums ✓ Response to RFIs ✓ Bid Analysis and Correspondence Records C) Project Understanding& Approach TAI T Page 1 23 r� °f City of Diamond Bar Proposal for Professional Engineering Services for a Comprehensive Drainage Study � .�, �� '�„ r .r'." �?�'• . �+;xv. rater... .- �:a,�,.:.,,,.. g) Project Management & Coordination Afeelings 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 three project meetings to be held at City Hall during the life of the design phase. . Deliverables: ✓ Meeting Agendas & Minutes ✓ Correspondence Records Construction Phase 1) Pre -Construction Meeting & Coordination Upon completion of the bidding phase, Tait will initiate the construction phase work items for this contract. The first 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 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: ✓ Signed & Stamped Construction Submittals ✓ Contractors Project Schedule C) Project Understanding& Approach TAI....,,.. Page 1 24 i� City of Diamond Bar f Proposal for Professional Engineering Services for a Comprehensive Drainage Study 3) Construction 44anagement & Inspection .Services Based on our review of the anticipated scope of work, Tait has assumed a total of 25 working days for the 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 Staking: Tait will supervise and observe the contractors surveyor on this contract to ensure that adequate horizontal and vertical construction staking is enacted during the construction phase. Tait, having a survey department in house, is an excellent resource for both conducting as well as supervising the construction staking process in order to ensure a successful construction project. Construction Management Tait will provide part time 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 inspectors 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 construction inspector is a seasoned public works inspector that understands both the construction methodologies as well as the contractual requirements for public contracts. 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 C) Project Understanding& Approach TAI.T.... Page 1 25 City of Diamond Bar Proposal for Professional Engineering Services for a Comprehensive Drainage Stud contract. The inspector will compile ad a ily construction log and photo log for each day's work and will provide signed copies of each day's report to the City on a weekly basis. 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. Geotechnical Materials Testing: Tait will provide geotechnical materials testing per work item 4 of this phase. Public Coordination: This project, being in a public park, 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 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 C j Project understanding&. Approach TAi»T o.» Page 9 26 ., City of Diamond Bar " Proposal for Professional Engineering Services for a Comprehensive Drainage Study ,..Y, "�-'"-.. .,_...,.,'�".,:�--.. .r..��"..:.:✓7 `., Win.-�:�m "',,..,e��* .:.mss w� �f "�as"'.v:"`:,.�s. ,� - ^maow:a 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 C) Project Understanding& Approach TAIL T Page 1 27 > City of Diamond Bar Proposal for Professional Engineering Services for a Comprehensive Drainage Study 00,x, 4) Materials Testing Tait has contracted with SCG to provide all necessary construction materials testing and inspection services. Based on the anticipated scope of work, the following materials testing has been included in our project: • 5 half days — Subgrade/Base Field Compaction Testing • 5 half days—Asphalt Compaction Testing • 3 Subgrade/Base Material Sample Testing a 2 Asphalt Material Sample Testing Due to the limited amount of PCC work on the job, it is not anticipated the PCC cores or testing will be required for this contract. Tait will work with the contractor, the supplier and the field crews to obtain all necessary certificate of compliance, field material tickets and samples in order to ensure quality of material and construction on this job. Deliverables: ✓ Materials Field Inspection Report ✓ Material Sample Test Results ✓ Material Tickets & Certificate of Compliance ✓ Sample Product Materials (As Applies) r Upon completion of the construction contract, Tait will work with the contractor to obtain the final progress payment and all outstanding labor compliance documentation. The contractor's As -Built red lines will be combined with the Tait inspector's red lines and a final As-Builts 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. Deliverables: ✓ Field Red -Line Documentation ✓ As -built Plans (Digital & PDF) ✓ Final Construction Binder & Closeout Documents C ) Project Understand=,ng& Approach TAIT 'c Page 1 28 City of Diamond Bar w Proposal for Professional Engineering Services for a Comprehensive Drainage Study 1 SEcrm D PROJECT SCHEDULE Tait has prepared the following project schedule based on our review of the City's RFP. Tait proposes to submit a final PS&E to the City in less than 3 months from the date of NTP. Based on a 25 working day construction schedule, it is also anticipated that the construction of this project can be completed by the end of March which is well before the RFP deadline of end of fiscal year. Tait will work closely with the City to ensure that all requested deadlines are met in order to ensure full satisfaction of the design and construction of this project. 0dayv Mon. W11'.1 hlott= %W` 4 2 Design Phas, 1©5days Mon 911114 FrIT It2311 5, t" 3 Dts!p Knka- Ntcenmp 1 daii hIon 919114 fAnn 1318114 .1 ot4a,na Review iwst:nl Rtco-d, 5 dzEst. Mon 9}E Is 4 Fri 9/s/14 5 Send Utift-oVINotices 0 days Fri 9/5114 FI 1 9151141 415 6 Si Field Suriesr S days Mon 9i$114 Fri 9112/14 I Geozetlmcar Investigav'r, 20 days Mon 9.'8; 14 Fn 10,13114 1 8 Design Y1,", is, & 25 days Mon 9,18114 €,-1 10/10/14 9 Meet With City to Review tn 0esr Fri, V,! If,;14 F,, Li„ID114 41 }a Precra,e WYS P$&E 10 clays Mon 10/13114 Fri 10124114 it svbfni! Wy, PS&B 0 days Fri 101124114 Fri 10124,114 10124 12 CITY RCI`ielv Bull'. I'At IL dj-,6 Mon 10127114 in 1111f14 3 Pevare IOT-.l PS&E 15 days Mon 11110114 Fri 11/28/14 14 Submit lw,C.PS&E 0 days Fri 11/28/14 Fri 1112VI4 15 Project aid 1L Award 40 days Mon 12/1/14 Fri 1/23/15 Phase 16 Constructm Phase 55 days Mon 1/26115 Fri 4/10/15 17 PrK(Insrructi(lii MeeF 'IF, 0 days ViVed 21-'115 Wed 214115 214 19 S� 8, S,hednle Review 4,,,; Mon 106/15 Fri 2120115 19 Issue Construction UP Q; days Mon 2123115 Man 2123115 2/23 Lonstruction Ph3se JS days mcn 1123,11S Fn 3/2 1/1 21 Poricri List Walt Trirough I day Fri 3/27115 f, i 3127/15 22 cons t r V C rid n 0 0 S e a V t 10 days tyl on 3(30/x5 Fri 4 11011 5 Tan ream Task %I laatcne Oty Taik Smrmdry Sub 0,,sultarr Task D) Project Schedule rAl T Page 0 25 f I City of Diamond Bar Proposal for Professional Engineering Services for a Comprehensive Drainage Study SECTION EIRESOURCE REQUIREMENTS Per the RFP requirements, the following tables have been prepared to present the resource requirements that have been anticipated for this project. WORK TASK PROJECT PROJECT DESIGNER DESIGNER CONST. ADMIN SURVEY SURVEY 2 -MAN TOTAL TASK # MANAGER ENGINEER II I ]OR PM DESIGNER Crew HOURS DESIGN PHASE Design Kickoff 6 0 6 0 0 0 0 0 O 12 Meeting and Site Review 1.1 ... Existing Records 0 4 8 0 0 0 0 0 0 12 Research & Review 1.2 Design Field 2 0 1 4 0 0 0 1 16 16 39 Survey & Analysis 1.3- utility2 0 0 16 0 0 0 0 18 Coordination & Research 1.4 Geotechnical 2 0 0 0 0 0 0 0 0 2 Investigation & Report 1.5 _4 _ _.4 _. _.. _..0. Design Analysis & 16.._ 0 0 0 0 0 24 Recommendations 1.6 Design PS&E 4 36 8 80 0 0 0 0 0 128 (80% &100% Submittals) 1.7 Bid & Construction 4 0 0 4 0 0 0 0 0 8 Design Assistance --,1.8 Project 20 4 0 4 0 12 0 0 0 40 Management and Coordination Meetings 1.9 __. ___. _..___._- --"------ 44 1 48 1 42 1 104 SUBTOTALS 12 11 116 116 1283 E) Resource Requirements � TAIT Page 1 30 WORK TASK PROJECT PROJECT DESIGNER DESIGNER CONST. ADMIN SURVEY SURVEY 2 -MAN TOTAL TASK # MANAGER ENGINEER II 1 IOR PM DESIGNER Crew HOURS -- -- --- CONSTRUCTION PHASE Pre -Construction 8 0 0 0 2 0 0 01 0 10 Meeting & Coordination 2.1 Submittal& 20 0 0 0 4 0 0 0 0 24 Schedule Review 2.2 Construction 50 0 0 0 200 0 0 0 0 250 Management & Inspection Services 2.3 4 0 0 0 q 0 0 0 0 8 Materials Testing 2.4 _... _.. ,.... As Built & 16 0 0 8 2 0 0 0 0 26 Construction ('.lncanufi 2.5- 98 0 0 8 212 0 0 0 0 318 SUBTOTALS Optional Items- — - LID Plan 32 �2 104 Preparation A-1. E) Resource Requirements TAIT V41 Page 1 31 EXHIBIT "C" PROJECT FINANCIAL SUMMARY City of Diamond Bar CLIENT: City of Diamond Bar PARKING LOT DESIGN & CM Tatai Estimated Fee: $ 91,625 PROJECT FINANCIAL SUMMARY 02S.p-14 12:29 PM TOTAL ESTIMATED FEE $91,625 Assumes 25 Working Days Page 1 TO: FROM: ADDRESS: CITY CLERK ORGANIZATION: AGENDA#/SUBJECT: DATE: 16 _i/_ / 27,-31 f_lo(bc-- Lehr P -a. PHONE: `'0`- Pilo -- 6o -)-k 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. Signature This document is a public record subject to disclosure under the Public Records Act. TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK ORGANIZATION: AGENDA#/SUBJECT: (/CtGc. L AA DATE: %i l �� Z( 3 Z 3 PHONE: g©i 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. — S - This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK FROM: U� – DATE: iO 1 ZL � ADDRESS: t f3r,� PHONE: ORGANIZATION:vf AGENDA#/SUBJECT: 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. igna ure This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK P F/.e aril DATE: f 0-01-4 f - Oq'W��� PHONE: L G� 516r = 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. Signature This document is a public record subject to disclosure under the Public Records Act.