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HomeMy WebLinkAbout2021.06.15 Agenda Packet - Regular MeetingCity Council Agenda Tuesday, June 15, 2021 6:30 PM Diamond Bar City Hall – Windmill Community Room 21810 Copley Drive, Diamond Bar, CA 91765 The regular meeting of the Public Financing Authority has been cancelled. PUBLIC ADVISORY: Consistent with the Governor’s Executive Order, members of the public are encouraged to participate and address the City Council during the public comment portion of the meeting via teleconference. Members of the City Council and limited staff may be physically present for this meeting. Public seating is very limited at this time due to distancing requirements and is on a first-come, first-serve basis. If you would like to attend the meeting in person, please note that face coverings are required to be worn at all times and social distancing maintained at all times while in the building. COVID-19 safety screening procedures will be in place requiring the completion of a questionnaire and temperature check prior to entering the room. How to Observe the Meeting From Home: Members of the public can observe the meeting by calling +1 (415) 930-5321, Access Code: 685-830-339 or visiting https://attendee.gotowebinar.com/register/7951606934969677582. How to Submit Public Comment: Members of the public may provide public comment by sending written comments to the City Clerk by email at cityclerk@DiamondBarCA.gov by 4:30 p.m. on the day of the meeting. Please indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members and noted for the record at the meeting. Alternatively, public comment may be submitted by logging onto the meeting through this link: https://attendee.gotowebinar.com/register/7951606934969677582. Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. American Disability Act Accommodations: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839- 7010 within 72 hours of the meeting. City Council video recordings with transcription will be available upon request the day following the Council Meeting. The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. ANDREW CHOU Council Member STAN LIU Council Member STEVE TYE Council Member NANCY A. LYONS Mayor RUTH M. LOW Mayor Pro Tem City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public m ay, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3, Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City Council may take action on any item listed on the agenda. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov General information: (909) 839-7000 Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR LIVE VIEWING AT HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/7951606934969677582 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA June 15, 2021 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor ROLL CALL: Chou, Liu, Tye, Mayor Pro Tem Low, Mayor Lyons APPROVAL OF AGENDA: Mayor. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 COVID-19 Update. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City Council values your comments, pursuant to the Brown Act, members of the City Council or Staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place . There is a five-minute maximum time limit when addressing the City Council. Please complete a Speaker Card and hand it to the City Manager (completion of this form is voluntary). The City will call on in person speakers first and then teleconference callers, one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or council consideration item, you will be called upon to speak at that point in the agenda. JUNE 15, 2021 PAGE 2 4. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 4.1 CITY COUNCIL MINUTES OF THE APRIL 16, 2021 JOINT MEETING AND THE JUNE 1, 2021 REGULAR MEETING. 4.1.a Joint City Council and Planning Commission Minutes of April 16, 2021 4.1.b City Council Minutes of June 1, 2021 Recommended Action: Approve the April 16, 2021 Joint City Council - Planning Commission meeting minutes and the June 1, 2021 Regular City Council meeting minutes. Requested by: City Clerk 4.2 CITY COUNCIL RECEIPT OF COMMISSION MINUTES. 4.2.a Parks & Recreation Commission Minutes of March 25, 2021 4.2.b Planning Commission Minutes of April 27, 2021 Recommended Action: A. Receive and file the Parks and Recreation Commission meeting minutes of March 25, 2021. B. Receive and file the Planning Commission meeting minutes of April 27, 2021. Requested by: City Clerk 4.3 RATIFICATION OF CHECK REGISTER DATED MAY 21, 2021 THROUGH JUNE 2, 2021 TOTALING $267,869.99. Recommended Action: Ratify the Check Register. Requested by: Finance Department 4.4 TREASURER'S STATEMENT. Recommended Action: Approve the March 2021 Treasurer’s Statement. Requested by: Finance Department JUNE 15, 2021 PAGE 3 4.5 DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE ASSESSMENT DISTRICT NOS. 38 AND 39. Recommended Action: A. Adopt Resolution No. 2021-28 (No. 38), declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 38 and directing staff to advertise the Public Hearing to be set for the July 6, 2021 regular meeting; and B. Adopt Resolution No. 2021-29 (No. 39) declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 39 and directing staff to advertise the Public Hearing to be set for the July 6, 2021 regular meeting. Requested by: Public Works Department 4.6 FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH EIDE BAILLY, LLP FOR INTERIM FINANCE DIRECTOR SERVICES. Recommended Action: Approve, and authorize the Mayor to sign, the First Amendment to the Consultant Services Agreement with Eide Bailly, LLP for Interim Finance Director Services. Requested by: City Manager 4.7 FOURTH AMENDMENT TO THE CONTRACTOR SERVICES AGREEMENT WITH NETWORK PARATRANSIT SYSTEMS FOR DIAMOND RIDE PROGRAM SENIOR TRANSPORTATION SERVICES THROUGH JUNE 30, 2022. Recommended Action: Approve, and authorize the Mayor to sign, the Fourth Amendment to the Contractor Services Agreement with Network Paratransit Systems (NPS) to provide Diamond Ride Program senior transportation services through June 30, 2022. Requested by: City Manager 4.8 SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH THE SAUCE CREATIVE SERVICES FOR DESIGN AND PRINT SERVICES THROUGH JUNE 30, 2022. Recommended Action: Approve, and authorize the Mayor to sign, the Second Amendment to the Consultant Services Agreement with the Sauce Creative Services for print and design services through June 30, 2022. JUNE 15, 2021 PAGE 4 Requested by: Parks & Recreation Department 4.9 FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH TENNIS ANYONE, INC. FOR TENNIS INSTRUCTION SERVICES THROUGH JUNE 30, 2022. Recommended Action: Approve, and authorize the Mayor to sign, the Fi rst Amendment to the Consultant Services Agreement with Tennis Anyone, Inc. for contract tennis instruction services through June 30, 2022. Requested by: Parks & Recreation Department 4.10 SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ABSOLUTE INTERNATIONAL SECURITY INC. FOR PRIVATE SECURITY THROUGH JUNE 30, 2022. Recommended Action: Approve, and authorize the Mayor to sign, the Second Amendment to the Professional Services Agreement with Absolute International Security. Requested by: Parks & Recreation Department 4.11 AMENDMENTS TO THE CONSULTING SERVICES AGREEMENTS WITH (1.) PENCO ENGINEERING (A CANNON COMPANY) AND (2.) HR GREEN PACIFIC FOR ON-CALL CIVIL ENGINEERING SERVICES, (3.) TAIT AND ASSOCIATES FOR ON-CALL CIVIL ENGINEERING AND ARCHITECTURAL SERVICES, AND (4.) JOHN L HUNTER AND ASSOCIATES FOR MUNICIPAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROFESSIONAL SERVICES, EXTENDING THE TERM TO JUNE 30, 2023. Recommended Action: A. Approve, and authorize the Mayor to sign, Amendment No. 1 to the Consulting Services Agreement with Penco Engineering (A Cannon Company) (Penco), for a not-to-exceed annual amount of $91,000; B. Approve, and authorize the Mayor to sign, Amendment No. 2 to the Consulting Services Agreement with HR Green Pacific (HR Green), for a not-to-exceed annual amount of $91,000; C. Approve, and authorize the Mayor to sign, Amendment No. 1 to the Consulting Services Agreement with Tait and Associat es (Tait), for a not-to-exceed annual amount of $67,000; and D. Approve, and authorize the Mayor to sign, Amendment No. 2 to the Consulting Services Agreement with John L Hunter and Associates (JLH), for a not-to-exceed annual amount of $71,460. JUNE 15, 2021 PAGE 5 Requested by: Public Works Department 4.12 CONSULTING SERVICES AGREEMENTS WITH (1.) WILLDAN ENGINEERING, (2.) NINYO & MOORE, AND (3.) LEIGHTON AND ASSOCIATES FOR ON-CALL GEOTECHNICAL ENGINEERING SERVICES THROUGH JUNE 30, 2024. Recommended Action: A. Approve, and authorize the Mayor to sign, the Consulting Service Agreement for a period of three (3) years in an annual not-to-exceed amount of $60,000 with Willdan Engineering, Inc. for On -Call Geotechnical Engineering Services. B. Approve, and authorize the Mayor t o sign, the Consulting Service Agreement for a period of three (3) years in an annual not-to-exceed amount of $60,000 with Ninyo & Moore, Inc. for On -Call Geotechnical Engineering Services. C. Approve, and authorize the Mayor to sign, the Consulting Servi ce Agreement for a period of three (3) years in an annual not-to-exceed amount of $60,000 with Leighton and Associates, Inc. for On -Call Geotechnical Engineering Services. Requested by: Public Works Department 4.13 THIRD AMENDMENT TO EXTEND THE FRANCHISE AGREEMENT WITH CLEAR CHANNEL OUTDOOR FOR ONE (1) ADDITIONAL YEAR, FROM JULY 1, 2021 THROUGH JUNE 30, 2022. Recommended Action: Approve, and authorize the Mayor to sign, Third Amendment to Franchise Agreement to extend the agreement for a period of one (1 ) year for bus shelters in Diamond Bar. Requested by: Public Works Department 4.14 CONSULTING SERVICES AGREEMENT CONTRACTS WITH (1.) ITERIS, INC., (2.) FEHR & PEERS, AND (3.) KIMLEY HORN AND ASSOCIATES, INC. FOR ON-CALL TRAFFIC AND TRANSPORTATION ENGINEERING SERVICES THROUGH JUNE 30, 2024. Recommended Action: A. Approve, and authorize the Mayor to sign, Consulting Service Agreement for a period of three (3) years in a not to exceed annual amount of $130,000 per Fiscal Year with Iteris, Inc. for On -Call Traffic and Transportation Engineering Services. JUNE 15, 2021 PAGE 6 B. Approve, and authorize the Mayor to sign, Consulting Service Agreement for a period of three (3) years in a not to exceed annual amount of $40,000 per Fiscal Year with Fehr and Peers, for On -Call Traffic and Transportation Engineering Services. C. Approve, and authorize the Mayor to sign, Consulting Service Agreement for a period of three years in a not to exceed annual amount of $26,000 per Fiscal Year with Kimley Horn for On -Call Traffic and Transportation Engineering Services. Requested by: Public Works Department 4.15 CONSULTANT SERVICES AGREEMENT WITH PRINCE GLOBAL SOLUTIONS, LLC THROUGH JUNE 30, 2022. Recommended Action: Approve, and authorize the Mayor to sign, the Consulting Services Agreement with Prince Global Solutions, LLC for Federal advocacy services related to the SR-57/SR-60 Confluence Project through June 30, 2022. Requested by: Public Works Department 4.16 SECOND AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE CARE AND MAINTENANCE SERVICES THROUGH JUNE 30, 2022. Recommended Action: Approve, and authorize the Mayor to sign, the Second Amendment to the Maintenance Services Agreement with West Coast Arborists, Inc. Requested by: Public Works Department 4.17 SECOND AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH TRANE U.S. INC. DBA TRANE FOR MECHANICAL AND BUILDING AUTOMATION SYSTEM PREVENTATIVE MAINTENANCE AND REPAIR SERVICES THROUGH JUNE 30, 2022. Recommended Action: Approve, and authorize the Mayor to sign, Second Amendment to the Maintenance Services Agreement with Trane U.S. Inc. dba Trane. Requested by: Public Works Department JUNE 15, 2021 PAGE 7 4.18 CONTINUED PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE JANITORIAL SUPPLIES FOR CITY FACILITIES FOR FISCAL YEAR 2021-2022. Recommended Action: Adopt Resolution No. 2021-30 authorizing participation in the National Intergovernmental Purchasing Alliance to purchase janitorial supplies for City Facilities in the not-to-exceed amount of $65,000 for Fiscal Year 2021-2022. Requested by: Public Works Department 4.19 FOURTH AMENDMENT TO THE VENDOR SERVICES AGREEMENT WITH EXTERIOR PRODUCTS CORPORATION FOR STREET DECORATIONS THROUGH JUNE 30, 2022. Recommended Action: Approve, and authorize the Mayor to sign, the Fourth Amendment to the Vendor Services Agreement with Exterior Products Corporation for street decorations through June 30, 2022. Requested by: Public Works Department 4.20 MAINTENANCE SERVICES AGREEMENT WITH PARKWOOD LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE SERVICES (CITY PARKS) THROUGH JUNE 30, 2022 WITH THE OPTION TO EXTEND FOR UP TO FIVE MORE YEARS. Recommended Action: Approve, and authorize the Mayor to sign, the Maintenance Services Agreement with Parkwood Landscape Maintenance, Inc. Requested by: Public Works Department 4.21 SECOND AMENDMENT TO THE STREET MAINTENANCE AND VEGETATION CONTROL SERVICES WITH MCE CORPORATION FOR RIGHT-OF-WAY VEGETATION CONTROL MAINTENANCE AND LITTER REMOVAL SERVICES. Recommended Action: Approve, and authorize the Mayor to sign, the Second Amendment to the Street Maintenance and Vegetation Control Services Agreement with MCE Corporation, granting a three-year extension through June 30, 2024. Requested by: Public Works Department JUNE 15, 2021 PAGE 8 5. PUBLIC HEARINGS: NONE. 6. COUNCIL CONSIDERATION: 6.1 AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE INLAND VALLEY HUMANE SOCIETY, AND AMENDMENTS TO CERTAIN ANIMAL CARE AND LICENSE FEES EFFECTIVE JULY 1, 2021. Recommended Action: A. Authorize the Mayor to execute Agreement for Animal Control Services with the Inland Valley Humane Society (IVHS); and B. Adopt Resolution No. 2021-31, amending animal care and license fees effective July 1, 2021. Requested by: City Manager 7. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 8. ADJOURNMENT: Agenda #: 4.1 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE APRIL 16, 2021 JOINT MEETING AND THE JUNE 1, 2021 REGULAR MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the April 16, 2021 Joint City Council - Planning Commission meeting minutes and the June 1, 2021 Regular City Council meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Minutes have been prepared and are being presented for approval. PREPARED BY: 4.1 Packet Pg. 11 REVIEWED BY: Attachments: 1. 4.1.a Joint City Council and Planning Commission Minutes of April 16, 2021 2. 4.1.b City Council Minutes of June 1, 2021 4.1 Packet Pg. 12 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL AND PLANNING COMMISSION SPECIAL JOINT MEETING April 16, 2021 CALL TO ORDER: Mayor Lyons called the Special Joint Meeting of the City Council and Planning Commission to order at 3:35 p.m. Mayor Lyons announced that consistent with COVID-19 regulations, all Council Members and staff participated via teleconference and there was no physical location for public attendance. The Public was invited to join the meeting online or by phone at the numbers printed on the agenda. PLEDGE OF ALLEGIANCE: Mayor Lyons led the Pledge of Allegiance. ROLL CALL: COUNCIL MEMBERS: Andrew Chou, Stan Liu, Steve Tye, Mayor Pro Tem Ruth Low, and Mayor Nancy Lyons ABSENT: None PLANNING COMMISSIONERS: Naila Barlas, Kenneth Mok, Raymond Wolfe, and Chairperson William Rawlings ABSENT: Commisisoner Mahendra Garg Staff participating telephonically: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the City Manager; Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Mayuko Nakajima, Associate Planner; Joy Tsai, Associate Planner; Stella Marquez, Administrative Coordinator; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; Kristina Santana, City Clerk Also Present: Marty Borko, Executive Director, ULI Los Angeles and TAP panel members Andrew Fogg, Chairman; Roland Wiley; Jorge Mutis; John Zimmerman, John Wardy, Derek Wyatt, Jennifer Pehr, Jennifer Smith, Matt Romero, Ashley Atkinson, Roger Sanchez, Steve Nelson, and Traffic Consultant, Paul Hermann. 1. PRESENTATION BY THE URBAN LAND INSTITUTE LOS ANGELES DISTRICT COUNCIL: DIAMOND BAR TOWN CENTER TECHNICAL ASSISTANCE PANEL (TAP) RECOMMENTATIONS: 4.1.a Packet Pg. 13 APRIL 16, 2021 PAGE 2 CC/PC JOINT SPECIAL MTG CDD/Gubman reported that staff invited ULI-LA to assemble a Technical Assistance Panel (TAP) to provide expert and objective advice on strategies for implementing the General Plan’s Goals and Policies for the future Town Center. During the week the panel conducted an intensive examination of the study area and will share their insights through a series of presentations by experts in a variety of land use disciplines. He introduced Marty Borko, Executive Director, ULI Los Angeles who, along with Diamond Bar TAP members, provided an overview of their examination of the Town Center Mixed Use study area and recommendations for product component potential. CC/Santana read the following public comments submitted via email: Diane Reisz wanted to know information about the develop and how the project will be paid for. Public Comments provided telephonically: Lee Paulson thanked ULI for an amazing presentation and encouraged the City Council, Planning Commissioners and residents, to talk about town building and creation of an urbanized village and to make a plan and hold on to the vision. Responsible Land Use has no issue with the proposed densities if done properly. Paul Deibel agreed with Lee Paulson that it was an excellent and thorough presentation. He especially likes placement of residential housing to the south of the development and believes the City Council would be well- advised to follow these recommendations as a program for a focal village pedestrian-oriented development of the Town Center Mixed-Use area and he does not believe the community should be overly concerned or afraid of higher density if done properly, which may require additional incentives of affordable housing or fees in lieu. Mayor Lyons asked the Planning Commission and City Council to offer questions or comments at this time. C/Barlas was extremely excited to receive this presentation for potential development that she feels will allow family members to remain in Diamond Bar and hoped she would live to see the project unfold. C/Wolfe felt the presentation was very well thought out. He participated in a workshop earlier in the week during which a conversation about traffic calming measures took place and wondered if TAP had considered traffic calming measures for Diamond Bar Boulevard and whether the SR57/60 Confluence Project might help to mitigate some of those concerns. 4.1.a Packet Pg. 14 APRIL 16, 2021 PAGE 3 CC/PC JOINT SPECIAL MTG Andrew Fogg responded that the panel recommended enhanced pedestrian crosswalks across Diamond Bar Boulevard while recognizing that making major changes to arterials proximate to the freeway might be a bit beyond the scope of what this project could tackle so they focused on the internal circulation in not creating additional gridlock within the City. Paul Herrmann, P.E., Fehr & Peers, further responded to C/Wolfe that the focus was an attempt to balance capacity on Diamond Bar Boulevard with safety for bikes and pedestrians using the facility as well as, those crossing the street. He supports the “com plete streets” concept and might have recommendations for increased widths for pedestrian facilities while retaining six lanes, that would including protected bike lanes and sidewalks along Diamond Bar Boulevard with decreased widths which would slow speeds in combination with increased pedestrian activity. C/Wolfe stated that with respect to the discussion about the cost of creating the parking necessary for this to succeed (between $80 -135 million), he saw Diamond Bar as a transit desert and many of the examples drawn upon in putting this presentation together looked at areas that had significantly more advanced transit options available. As Diamond Bar continues to grow and looks to meet the RHNA requirements, the community needs to think about how it can provide more options for alternative transportation to community members as well as, those who travel through the community. C/Mok was surprised to hear about the redevelopment cycle of 30 years and the time it would take to accomplish this huge project. Like C/Barlas and M/Lyons he too, hopes to be around if this plan comes to fruition. He liked the idea of warming up the community to food trucks, popups, movie nights, etc. to monitor the interest of residents in wanting to gather in a common area. He asked about the feasibility of a bridge joining the east and west portions of the project (Sprouts Center with Smart & Final Center). Andrew Fogg responded that the possibility of a pedestrian bridge was discussed and the panel recognized that there were impediments depending on how and when the structures were being built on the east and west because the span is quite long. In addition, the nature and elevation of the uses limit the ability to include such a structure in the recommendations at this time due to cost concerns and how it would be coordinated with the challenges of control of development under different property ownerships. C/Mok asked if there was consideration of a particular monument as an essential focal point of the Town Center, and was there discussion about a small community theater. Mr. Fogg responded that the theater was not specifically discussed by the panel. However, the panel believes that any kind of community spaces are important to the mix. Jennifer Smith said 4.1.a Packet Pg. 15 APRIL 16, 2021 PAGE 4 CC/PC JOINT SPECIAL MTG she believes there is an opportunity for an art program and wholeheartedly agrees that any area along the public realm offers a great opportunity to infuse art and send out receptors in the community to compare with local artists and institutions such as CalPoly Pomona to infuse a local art program and encourage local participation. Any element that enhances a community gathering spot is definitely part of the vision including something suspended in the air, effective lighting or a focal monument in the center of the Town Plaza along the promenade and street furnishings that would define an entry. Chair/Rawlings agreed with C/Mok that the district idea is a great idea and understands that communities have had great success introducing night markets drawing attention to centers that have been underutilized and found it interesting and encouraging that parking was integrated with the housing projects. He asked for more in depth information about how the panel would propose to accommodate pedestrian traffic across Diamond Bar Boulevard. Jorge Mutis referred back to the slide that showed one method that could easily be incorporated to enhance the crosswalk where art could be safely incorporated or greenery could be placed along the rebuild to extend from one site to the other. M/Lyons asked how safe crosswalks proved to be at the LA Museum. Jorge Mutis responded that despite the size of the roadway, there is a lot of activity on both sides and because of the amount of pedestrian traffic, vehicular traffic cannot speed. In this case, because there is so much pedestrian traffic predicted between the sites, widening and highlighting of the crosswalk would enhance the safety. C/Liu said he appreciated the presentation that draws parallels to other cities’ mixed use areas. He wanted to know more about the type of outreach and information gathering the City would seek from stakeholders. Andrew Fogg responded that ULI is a non-profit organization that brings together folks to assist on panels such as this and works with the City to address the scope of work and series of questions. Initially, the panel engaged with CDD/Gubman and CM/Fox and CDD/Gubman’s team put together a list of folks to interview that included individuals from the City Council and Planning Commission, major property owners both large and small within the site, community stakeholders, regional players and community members, each of whom were invited to five one-hour sessions over the course of an afternoon as they were interviewed by various panel members and engaged in discussion. C/Chou agreed the presentation was great and looked forward to the work ahead. Considering there are some 24 property owners involved C/Chou asked what steps other cities have taken to compel property owners to go along with their vision. Andrew Fogg said that creating a great plan is 4.1.a Packet Pg. 16 APRIL 16, 2021 PAGE 5 CC/PC JOINT SPECIAL MTG important and based on the information in the briefing book, it appeared that at least a couple of the owners have expressed interest in exploring this vision. This led the panel members to believe that the Phase One starting point might be a good place from which to work. Ashley Atkinson responded that one of her questions to the development members of the team was “what would make you participate in this project” and ultimately, it comes down to financials. The 30-year timeline is an estimate for every property in the Town Center to potentially turn over. Certainly, there are many things that can be done on a shorter timeline, but for full development of a 45-acre site that is controlled by multiple different entities, it will take time. C/Tye referred to slide 30 and said he loved how Mr. Paulson began by referring to this as the “town building” because C/Tye believes this is the opportunity for Diamond Bar to get it right and not use short-term thinking. Diamond Bar has a hodgepodge of development and h is vision for the Town Center area would be to flatten everything from Golden Springs Drive to the SR60 and from Diamond Bar Boulevard to Palomino Drive, save the condos, and start over. When he looks at slide 30 and hears the reference to start with a willing developer in Phase One, how then does the City prevent a hodgepodge of development and how then does the City make it look like it belongs here and how does the City avoid Grand Avenue and Diamond Bar Boulevard with a bank on a corner and offices on top hidden from view. As one travels south there is a Pollo Loco and Mr. G’s Pizza and also hidden from view is India Palace and oth er businesses in the area. If one starts with a willing developer, how does the City make it look like this proposed spectacular plan and grand idea? Ashley Atkinson responded that this is where the City’s General Plan comes into play and should contain design standards that dictate the appearance of what goes in to the Town Center, not necessarily dictate specific uses in specific places. There will always be a boundary and she does not know that any Planning Department gets everything specifically right within the given parameters, but that is how the City would achieve a more consistent look even if the development occurs overtime and with different ownership. In addition, she would suggest that the Specific Pla n not be so flexible that it would allow for just anything. There needs to be review conducted by staff that a specific site proposal meets the intent of the Specific Plan and how that is structured is up to the City and its Community Development staff. C/Tye thanked the panel for their exciting presentation. MPT/Low referred to a slide that compared the current state of the City and what would be allowed under the General Plan , and what is projected under a higher density plan, and asked for clarification that the proposal is that the City provide a Specific Plan geared toward the potential market alternative. Andrew Fogg responded that the panel used current 4.1.a Packet Pg. 17 APRIL 16, 2021 PAGE 6 CC/PC JOINT SPECIAL MTG developments under multiple ownership and the slide explores the amount of parking area that would be required if the City kept the residential at 900 units and backfilled with a 1.5 FAR (nearly 7,000 parking spaces), much of which does not offer the opportunity for the wrapped or public parking. The purpose of this slide was to illustrate that the FAR of 1.5 can remain if there is a feasible project that gets the City to 1.5 and provides for flexibility; and, at the 1,500 versus 900, what the residential density is and how that plays in and how those parking facilities would be managed and what would be provided. So as the City moves forward in the Specific Plan programming, it should make sure the proposals are detailed enough that the City has certainty it will get the amenities it wants allowing the City to respond to market conditions over time and the feasibility that there will be enough funding in this project, both on the public side and the private side, to make sure that the improvements can be constructed. MPT/Low said that n her opinion, this presents a concept of a Town Center on steroids instead of the Town Center that was presented two years ago, which is fine if that is what the community wants. She asked if the panel considered including photos of Town Centers that better replicate what it has in mind in terms of the density proposed such as the development in the Yorba Linda/Placentia area that would correspond to what is being proposed. And, did the panel consider showing the community what that looks like and penciling that out in terms of infrastructure. Mr. Fogg said the slides shown included projects that were similar in size and density and it is important to keep in mind that the TAP is working with the information available and in a relatively limited amount of time and many of these questions can be explored further during the Specific Plan process. The panel was responding to the questions put forward by the City and challenging some of the assumptions including the assumption that this is the right amount to provide a project that works, that is financially feasible, and that the City be able to make these improvements with the development community that owns the site. Tonight’s presentation was intended to challenge some of the thinking and give the community something to think about and ways to think through the Specific Plan moving forward. MPT/Low asked what would happen to the City’s infrastructure services with the addition of 1,500 units and who would provide these answers in order to put together a feasible plan moving forward. Andrew Fogg reiterated that this is not within the scope of the TAP report, rather an iterative process with Planning staff and the community as the Specific Plan is developed. MPT/Low commented that the concepts are great and creative showing a step from the lower to higher elevation as a good use of natural topography. She agreed with the questions and discussion about the community spaces and believes more such discussions are necessary, especially since the City is contemplating bringing in 900 to 4.1.a Packet Pg. 18 APRIL 16, 2021 PAGE 7 CC/PC JOINT SPECIAL MTG 1,500 new families into an area where they will need open space. She thanked TAP for an excellent presentation. M/Lyons echoed comments of the Commission and Council that this is a very exciting and beautiful presentation that includes many things the public has been asking for. She asked how many units are included in Phase One and Andrew Fogg responded that he would estimate 200 to 300 units and Jennifer Smith said that retail would comprise approximately 19,000 square feet on the left and 14,000 square feet on the right and most of the building would be residential. Mr. Fogg emphasized the importance of putting together a S pecific Plan that is clear and executable. M/Lyons agreed. CM/Fox felt this was an incredible exercise and thanked Andrew Fogg and panelists for their efforts. This was a very high-level visioning session and the City has a lot of work ahead of it in putting together a Specific Plan and working with property owners to figure out what development will look like. M/Lyons thanked the panel and staff. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Joint City Council/Planning Commission Special Meeting at 5:48 p.m. Respectfully submitted: __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this ___ day of _____, 2021. __________________________ Nancy Lyons, Mayor __________________________ William Rawlings, Planning Commission Chairman 4.1.a Packet Pg. 19 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 JUNE 1, 2021 M/Lyons stated that consistent with COVID-19 regulations, members of the public were encouraged to participate and address the City Council during the public comment portion of the meeting via teleconference. Members of the City Council and limited staff were physically present for the meeting and public seating was very limited due to distancing requirements on a first-come, first-serve basis. CLOSED SESSION: 6:00 p.m., Windmill Room, City Hall Public Comments: None Offered. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(4) CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:38 p.m. PLEDGE OF ALLEGIANCE: Councilmember Liu led the Pledge of Allegiance. CM/Fox stated there was no reportable action from tonight’s Closed Session. ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye, Mayor Pro Tem Ruth Low, Mayor Nancy Lyons Staff in Attendance: Dan Fox, City Manager; Brent Mason, Interim Director of Finance; Dannette Allen, Senior Management Analyst; Also Present Diamond Bar/Walnut Station Captain Stephen Tousey, LA County Sheriff’s Department. Staff participating telephonically: Dave DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the City Manager; Ryan Wright, Parks and Recreation Director; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Greg Gubman, Community Development Director; Amy Haug, Human Resources and Risk Manager; Ken Desforges, Direct or of Information Services; Cecilia Arellano, Public Information Coordinator; Kristina Santana, City Clerk APPROVAL OF AGENDA: As presented. 4.1.b Packet Pg. 20 JUNE 1, 2021 PAGE 2 CITY COUNCIL 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 San Gabriel Valley Regional Housing Trust Presentation – by Chairman Jed Leano 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None 3. PUBLIC COMMENTS: Raphael Plunkett, Parks & Recreation Commissioner, said that residents have asked if a parcel of vacant land at Flintgate Drive and Calpet Drive owned by the City could be considered for a pocket park, community garden or healing garden. Individuals representing Jasmine Restaurant asked for City support of their business application. CM/Fox responded that the Jasmine Restaurant matter is not on the City Council agenda and is being processed through the Community Development Department. 4. CONSENT CALENDAR: C/Chou moved, MPT/Low seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 4.1 APPROVED CITY COUNCIL MINUTES: 4.1a MAY 18, 2021 STUDY SESSION. 4.1b MAY 18, 2021 REGULAR MEETING. 4.2 CITY COUNCIL RECEIPT OF COMMISSION MINUTES: 4.2a TRAFFIC AND TRANSPORTATION COMMISSION - MEETING OF JANUARY 14, 2021 4.2b TRAFFIC AND TRANSPORTATION COMMISSION - MEETING OF MARCH 11, 2021 4.3 RATIFIED CHECK REGISTER DATED MAY 6, 2021 THROUGH MAY 20, 2021 TOTALING $1,763,120.37. 4.4 APPROVED TREASURER’S STATEMENT FOR THE MONTH OF FEBRUARY 2021. 4.1.b Packet Pg. 21 JUNE 1, 2021 PAGE 3 CITY COUNCIL 5. PUBLIC HEARINGS: NONE 6. COUNCIL CONSIDERATION: 5.1 ADOPTION OF THE FISCAL YEAR 2021-2022 CITY OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM, INCLUDING ESTABLISHMENT OF THE APPROPRIATIONS LIMIT, EMPLOYEE COMPENSATION PLAN, AND INVESTMENT POLICY. CM/Fox and IFD/Mason presented the staff report. M/Lyons opened public comments. With no one wishing to speak on this item, M/Lyons closed public comments. C/Tye moved, MPT/Low seconded, to adopt Resolution No. 2021-24 approving the FY 2021-2022 city operating budget and capital improvement program as modified with the additional $30,000 for performance pay and additional $5,000 for Snowfest. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None C/Chou moved, MPT/Low seconded, to adopt Resolution No. 2021-25 establishing the appropriations limit for FY 2021-2022 in the amount of $53,402,669. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MPT/Low moved, C/Liu seconded, to adopt Resolution No. 2021-26 establishing a compensation plan, salary ranges and fringe benefits for all employee classifications. Motion carried by the following Roll Call vote: C/Liu moved, C/Chou seconded, to adopt Resolution No. 2021-27 approving the FY 2021-2022 Investment Policy. Motion carried by the following Roll Call vote: . AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None 4.1.b Packet Pg. 22 JUNE 1, 2021 PAGE 4 CITY COUNCIL ABSENT: COUNCIL MEMBERS: None RECESS: M/Lyons recessed the Regular City Council Meeting to the Public Finance Authority Meeting at 7:48 p.m. RECONVENE: M/Lyons reconvened the Regular City Council Meeting a t 7:50 p.m. 6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou congratulated the graduating class of 2021, wished the LGBTQ community a very happy Pride Month, and asked that tonight’s meeting be adjourned in memory of Diamond Bar resident and retired Army Paratrooper, Pete Ramirez, who passed away last Saturday. C/Liu thanked staff for their diligent work and presentation of the 2021-2022 budget and for putting the ice cream events together, congratulated Delicious Food Corner on their grand opening, and congratulated the graduating class of 2021. C/Tye thanked staff for their efforts on the 2021-2022 budget and for recognition of Diamond Bar High School and Diamond Ranch High School graduating seniors. MPT/Low agreed with her colleagues that the ice cream event was fun and suggested it become an annual event, congratulated the graduating class of 2021, and acknowledged current serving members and families of those who were lost in service to their country. M/Lyons suggested a future study session to discuss park needs and possible funding sources, recommended participation in the Diamond Bar Woman’s Club Fundraiser, and thanked PRD/Wright and staff for the ice cream event acknowledging that it would be a good annual event. Concerts in the Park return for the summer at Summitridge Park. Because no food trucks will be able participate, she suggested local restaurants provide “food picnic packs” for folks to purchase and take to the park as a way of accommodating concert attendees and supporting small businesses. In recognition of Memorial Day she hopes everyone took the opportunity to honor the brave, selfless and dutiful soldie rs, marines and sailors who gave their lives to protect the country and its way of life. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 7:58 p.m. in memory of Diamond Bar resident and retired Army Paratrooper Pete Ramirez. 4.1.b Packet Pg. 23 JUNE 1, 2021 PAGE 5 CITY COUNCIL Respectfully submitted: __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 15th day of June, 2021. __________________________ Nancy Lyons, Mayor 4.1.b Packet Pg. 24 Agenda #: 4.2 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL RECEIPT OF COMMISSION MINUTES. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: A. Receive and file the Parks and Recreation Commission meeting minutes of March 25, 2021. B. Receive and file the Planning Commission meeting minutes of April 27, 2021. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: It is the practice of the City of Diamond Bar to provide the City Council with approved Commission meeting minutes. The attached minutes have been approved and are being transmitted to the Council for your information. PREPARED BY: 4.2 Packet Pg. 25 REVIEWED BY: Attachments: 1. 4.2.a Parks & Recreation Commission Minutes of March 25, 2021 2. 4.2.b Planning Commission Minutes of April 27, 2021 4.2 Packet Pg. 26 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION MARCH 25, 2021 CONSISTENT WITH THE GOVERNOR’S LATEST EXECUTIVE ORDER TO STAY AT HOME, AVOID GATHERINGS, AND MAINTAIN SOCIAL DISTANCING, THIS MEETING WAS CONDUCTED TELEPHONICALLY AND MEMBERS OF THE COMMISSION AND STAFF PARTICIPATED VIA TELECONFERENCE. THERE WAS NO PHYSICAL MEETING LOCATION. CALL TO ORDER: Chair/Salo called the Parks and Recreation Commission meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE: Commissioner Orona led the Pledge of Allegiance. ROLL CALL: Commissioners Tommy Orona, Raphael Plunkett, Stephen Qiu, Manisha Sulakhe, Chair/Aaron Salo. Staff Present Telephonically: Ryan Wright, Parks and Recreation Director; Anthony Jordan, Maintenance Superintendent; Andee Williams, Recreation Supervisor; Debbie Gonzales, Administrative Coordinator; Robin Crawford, Administrative Assistant SELECTION OF CHAIR AND VICE CHAIR: Commissioner Orona nominated Commission Salo to serve as Chair of the Parks and Recreation Commission. Commissioner Sulakhe seconded the nomination. There were no other nominations offered. Commissioner Salo was unanimously re-elected to serve as Chair of the Parks and Recreation Commission by the following Roll Call vote: C/Orona Yes C/Plunkett Yes C/Qiu Yes C/Sulakhe Yes C/Salo Yes Chair/Salo nominated C/Sulakhe to serve as Vice Chair of the Parks and Recreation Commission. Commissioner Orona seconded the nomination. There were no other nominations offered. C/Sulakhe was unanimously elected to serve as Vice Chair of the Parks and Recreation Commission by the following Roll Call vote: C/Orona Yes C/Plunkett Yes C/Qiu Yes C/Sulakhe Yes Chair/Salo Yes PUBLIC COMMENTS: None Offered 4.2.a Packet Pg. 27 MARCH 25, 2021 PAGE 2 P&R COMMISSION CALENDAR OF EVENTS: PRD/Wright 1. CONSENT CALENDAR: 1.1 Approval of Minutes for the September 24, 2020 Regular Meeting: Chair/Salo moved, C/Orona seconded, to approve the Regular Meeting Minutes of September 24th, 2020. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Orona, VC/Sulakhe, Chair/Salo NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Plunkett, Qiu ABSENT: COMMISSIONERS: None 1.2 Approval of Minutes for the January 28, 2021 Regular Meeting: Chair/Salo moved, VC/Sulakhe seconded, to approve the Regular Meeting Minutes of March 25th, 2021. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Plunkett, Qiu, VC/Sulakhe, Chair/Salo NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Orona ABSENT: COMMISSIONERS: None 2. INFORMATIONAL ITEMS: 2.1 JANUARY 2021 RECREATION PROGRAM UPDATE - RS/Williams C/Qiu asked if there would be additional instructors offering classes for the summer session and PRD/Wright responded that instructors are beginning to return for outdoor classes as the city awaits county protocols and guidelines for indoor classes. VC/Sulakhe asked if staff had information about when the state would allow indoor events to occur at facilities including the Diamond Bar Center. PRD/Wright responded that the city has no specific dates or timeframes for indoor rentals and activities and continues to monitor the situation and tiers in order to determine what programs and services can be offered. Interest in indoor events such as weddings continues to be high for t he Diamond Bar Center and events are being scheduled, rescheduled or refunded on a case-by-case basis. JANUARY 2021 MAINTENANCE REPORT – MS/Jordan C/Qiu stated that during his visit to Diamond Canyon Park last month he noticed that in one of the five gardens all of the plants were dry and 4.2.a Packet Pg. 28 MARCH 25, 2021 PAGE 3 P&R COMMISSION dying in the “wetland garden’ and asked if the city planned to make improvements. MS/Jordan responded that staff is working with the city’s landscape gardener about keeping the gopher population under control because they chew out roots of the plants. In addition, the lack of rain has adversely affected the situation which requires pumping water into the area to provide a proper balance. Once the gopher problem is under control it will be easier to support any newly planted vegetation. C/Plunkett said she can relate to the gopher issue, but did not realize there was an issue with fire ants and wondered if the problem was citywide and where she might find information available for residents so they know how to properly deal with such issues. MS/Jordan explained that fire ants are a citywide problem. Nearly all city parks have fire ants from time-to-time. Within the maintenance staff, there are no licensed applicators to take care of the applications. However, the city’s contractors and landscape contractors are supposed to take care of such issues by placing bait around the mounds. He recommended that residents contact pest control applicators to treat mounds or purchase home applicators from garden centers or suppliers such as Home Depot. 3. OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: VC/Sulakhe thanked staff for the briefings, welcomed new commissioners and congratulated Chair/Salo on his re-election. She will miss C/Orona and congratulated him on his upcoming wedding. It has been a pleasure working with him and she hoped he would come back to visit the Commission. C/Orona thanked VC/Sulakhe for her kind words and said it had been a pleasure for him to serve on the Commission and alongside VC/Sulakhe. Today is his last day as a Commissioner for the City of Diamond Bar as he will be getting married and moving out of the city. He thanked staff for their professionalism and great work, and their assistance to Commissioners, and wished the new Commissioners well. C/Plunkett said she was sorry she did not have the opportunity to work with C/Orona but sends him positive thoughts as he moves forward and hopes he will sit in on a future meeting. She thanke d Chair/Salo and VC/Sulakhe for their service and thanked the Walnut Valley Water District for participating with tote bag goodies during city events. C/Qiu asked that the spelling of his name be corrected in the January minutes. Chair/Salo congratulated C/Orona on his upcoming wedding and said it was great to work with him on the Commission. He thanked VC/Sulakhe for serving as Vice Chair and sharing responsibilities of the Commission. Congratulations to 4.2.a Packet Pg. 29 MARCH 25, 2021 PAGE 4 P&R COMMISSION Commissioners Plunkett and Qiu on their appointments and thank-you to staff for the reports and promoting popular community programs and maintaining the city’s parks. ADJOURNMENT: With no one objecting and no further business before the Parks and Recreation Commission, Chair/Salo adjourned the meeting at 7:09 p.m. to May 27th, 2021. The foregoing minutes are hereby approved this day of , 2021. Respectfully Submitted, RYAN WRIGHT, SECRETARY Attest: AARON SALO, CHAIRPERSON 4.2.a Packet Pg. 30 4.2.b Packet Pg. 31 4.2.b Packet Pg. 32 4.2.b Packet Pg. 33 Agenda #: 4.3 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED MAY 21, 2021 THROUGH JUNE 2, 2021 TOTALING $267,869.99. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $267,869.99. BACKGROUND/DISCUSSION: 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. The attached check register containing checks dated May 21, 2021 through June 2, 2021 totaling $267,869.99 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and proced ures, and have been reviewed and approved by the appropriate departmental staff . The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 4.3 Packet Pg. 34 REVIEWED BY: Attachments: 1. 4.3.a Check Register Affidvit 6-15-2021 2. 4.3.b Check Register 6-15-2021 4.3 Packet Pg. 35 4.3.a Packet Pg. 36 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2476 6/2/2021 ADORAMA BROADCAST EQUIPMENT - SWITCHER 270240 56116 $2,420.12 CHECK TOTAL $2,420.12 2477 6/2/2021 AMERICOMP GROUP LASER PRINTER/COPIER MAINT - APR- JUN 2021 100230 55000 $2,479.25 CHECK TOTAL $2,479.25 2478 6/2/2021 ANDREW WONG T&T COMMISSION STIPEND - JAN & MAR 2021 100610 52525 $90.00 CHECK TOTAL $90.00 2479 6/2/2021 ROBYN A BECKWITH PLANT MAINTENANCE IN CITY HALL FOR MAY 2021 100620 52320 $432.00 6/2/2021 ROBYN A BECKWITH PLANT MAINTENANCE @ DBC - MAY 2021 100510 51200 $200.00 CHECK TOTAL $632.00 2480 6/2/2021 CAL POLY POMONA FOUNDATION INC ORGANICS RECYCLING AD 250170 52160 $850.00 CHECK TOTAL $850.00 2481 6/2/2021 CHEM PRO LABORATORY INC QTRLY' WATER TREATMENT SERVICE - DBC 100510 52320 $155.00 6/2/2021 CHEM PRO LABORATORY INC WATER TREATMENT SERVICE - MAY 2021 - CITY HALL 100620 52320 $155.00 CHECK TOTAL $310.00 2482 6/2/2021 CHICAGO TITLE COMPANY HOME IMP PROJECT-RECORDING FEES- 23540 CASA LOMA 225440 54900 $95.00 CHECK TOTAL $95.00 2483 6/2/2021 CYNTHIA T QUAN T&T COMMISSIONER STIPEND - JAN & MAR 2021 100610 52525 $90.00 CHECK TOTAL $90.00 2484 6/2/2021 DAVID EVANS AND ASSOCIATES INC GRAND/GSD LANDSCAPE IMPR - APRIL 2021 301610 56105 $275.70 CHECK TOTAL $275.70 2485 6/2/2021 CAROL A DENNIS MINUTE SECRETARY FOR COUNCIL MEETINGS IN MAY 100130 54900 $650.00 6/2/2021 CAROL A DENNIS MINUTE SECRETARY T&T COMMISSION MEETING - MAR 2021 100610 54900 $100.00 4.3.b Packet Pg. 37 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $750.00 2486 6/2/2021 DOGGIE WALK BAGS INC DOGGIE BAGS - JUN 2021 250170 51200 $1,046.40 6/2/2021 DOGGIE WALK BAGS INC DOGGIE BAGS - JUN 2021 250170 51200 $1,231.20 CHECK TOTAL $2,277.60 2487 6/2/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL PC MTG REPORT- 9/22/20-22589 PACIFIC 100410 22107 $23.00 6/2/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-PC STAFF RPRT-9/22/20- 22589 PACIFIC 100410 22107 $22.75 6/2/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-PC AGENDA PKT- 9/22/20-ACA EGGART 100410 52170 $23.25 CHECK TOTAL $69.00 2488 6/2/2021 EXTERIOR PRODUCTS CORP AMERICAN FLAG INSTALLATION/REMOVAL 100630 55505 $5,895.00 CHECK TOTAL $5,895.00 2489 6/2/2021 GARY TOSHIHIKO BUSTEED T&T COMMISSION STIPEND - MAR 2021 100610 52525 $45.00 CHECK TOTAL $45.00 2490 6/2/2021 GATEWAY CORP CENTER ASSOC ASSOCIATION DUES - JUNE 2021 100620 52400 $2,037.88 CHECK TOTAL $2,037.88 2491 6/2/2021 GENESIS PRO ROOFING INC HOME IMPROVEMENT PROJECT-23540 CASA LOMA 225440 54900 $1,890.00 CHECK TOTAL $1,890.00 2492 6/2/2021 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES - MAY 2021 100630 55505 $2,450.00 6/2/2021 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES - MAY 2021 100510 55505 $5,400.00 6/2/2021 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES - MAY 2021 100620 52320 $8,724.00 CHECK TOTAL $16,574.00 2493 6/2/2021 HARDY & HARPER INC ROAD MAINT SVCS - CITY HALL & SUMMITRIDGE PKNG LOT 100655 55512 $105,359.40 CHECK TOTAL $105,359.40 2494 6/2/2021 HUMANE SOCIETY OF POMONA VALLEY INC ANIMAL CARE & CONTROL SERVICES FOR JUNE 2021 100340 55404 $16,690.33 CHECK TOTAL $16,690.33 4.3.b Packet Pg. 38 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2495 6/2/2021 INTEGRUS LLC COPIER/PRINTER MAINTENANCE - 4/18/21-5/18/21 100230 52100 $318.51 CHECK TOTAL $318.51 2496 6/2/2021 INTERIOR OFFICE SOLUTIONS DIAMOND BAR CENTER OFFICE SUPPLIES 100510 51200 $102.22 CHECK TOTAL $102.22 2497 6/2/2021 JACKSON'S AUTO SUPPLY/NAPA PARKS & FACILITIES OPERATING SUPPLIES 100630 51200 $536.29 CHECK TOTAL $536.29 2498 6/2/2021 JCL TRAFFIC SERVICES ROAD MAINTENANCE SUPPLIES 100655 51250 $1,626.24 CHECK TOTAL $1,626.24 2499 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES - STORMWATER COMPLIANCE - SEPT 2020 100610 54200 $1,151.25 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES - STORMWATER COMPLIANCE - SEPT 2020 201610 54200 $4,605.00 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE (JOHN HUNTER) 201610 54200 ($162.25) 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE (JOHN HUNTER) 100610 54200 $162.25 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE (JOHN HUNTER) 201610 54200 $811.25 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE - MAR 2021 100610 54200 $830.00 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE - TR5340 MILLENIUM 100 22109 $391.88 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE - 2244 INDIAN CREEK 100 22109 $741.87 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE - 22589 PACIFIC LANE 100 22109 $1,138.75 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE - FEB 2021 201610 54200 $185.00 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE - FEB 2021 (2) 100610 54200 $4,732.50 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES INSPECTION - 2176 ROCKY VIEW 100 22109 $865.00 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES - TR 53430 MILLENIUM 100 22109 $358.25 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES - 2244 INDIAN CREEK 100 22109 $358.25 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES - 2775 SHADOW CANYON 100 22109 $435.00 4.3.b Packet Pg. 39 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6/2/2021 JOHN L HUNTER & ASSOC INC NPDES - 22589 PACIFIC LANE 100 22109 $942.50 CHECK TOTAL $17,546.50 2500 6/2/2021 KIM K HSIEH T&T COMMISSION STIPEND - 7/20 - 3/21 100610 52525 $225.00 CHECK TOTAL $225.00 2501 6/2/2021 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - APRIL 2021 100230 52314 $50.00 CHECK TOTAL $50.00 2502 6/2/2021 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT @ SYCAMORE CANYON PARK APR 2021 100630 52320 $507.59 CHECK TOTAL $507.59 2503 6/2/2021 LUCERO PHOTOGRAPHY INC 3.26.21, DBC PHOTOSHOOT 100510 51200 $300.00 CHECK TOTAL $300.00 2504 6/2/2021 MCE CORPORATION CODE ENF ABATEMENT-2202 PEBBLE 100430 55120 $8,256.25 CHECK TOTAL $8,256.25 2505 6/2/2021 MERCURY DISPOSAL SYSTEMS INC ACE HARDWARE HHW RECYCLING 250170 55000 $430.37 CHECK TOTAL $430.37 2506 6/2/2021 MICHAEL ANTHONY GONZALEZ T&T COMMISSION STPIEND - JAN 2021 100610 52525 $45.00 CHECK TOTAL $45.00 2507 6/2/2021 MOBILE RELAY ASSOCIATES INC REPEATER SERVICE FOR EMERGENCY FOR JUNE 2021 100350 52300 $78.75 CHECK TOTAL $78.75 2508 6/2/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - ROAD MAINTENANCE 100655 51200 $196.58 6/2/2021 OFFICE SOLUTIONS OFFICE SUPPLIES 100220 51200 $11.85 6/2/2021 OFFICE SOLUTIONS SUPPLIES - COVID/CITY MANAGER 106130 51200 $1,485.19 6/2/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100130 51200 $1,223.36 6/2/2021 OFFICE SOLUTIONS SUPPLIES - FINANCE 100210 51200 $88.07 CHECK TOTAL $3,005.05 2509 6/2/2021 ONE TIME PAY VENDOR ALECIA LAI RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVIND-1 100 20202 $158.11 CHECK TOTAL $158.11 4.3.b Packet Pg. 40 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2510 6/2/2021 ONE TIME PAY VENDOR ALI MIR RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID19 100 20202 $44.49 CHECK TOTAL $44.49 2511 6/2/2021 ONE TIME PAY VENDOR AMY MAO RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID19 100 20202 $49.75 CHECK TOTAL $49.75 2512 6/2/2021 ONE TIME PAY VENDOR BELINDA LEE RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2513 6/2/2021 ONE TIME PAY VENDOR BETH MAJOR RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $143.74 CHECK TOTAL $143.74 2514 6/2/2021 ONE TIME PAY VENDOR BRIANNE DAVILA RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $115.00 CHECK TOTAL $115.00 2515 6/2/2021 ONE TIME PAY VENDOR CASSANDRA KENNEDY RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2516 6/2/2021 ONE TIME PAY VENDOR CHARI AL KILANI RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $133.75 CHECK TOTAL $133.75 2517 6/2/2021 ONE TIME PAY VENDOR CHRIS ZHANG RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $115.00 CHECK TOTAL $115.00 2518 6/2/2021 ONE TIME PAY VENDOR DENNIS LEI RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2519 6/2/2021 ONE TIME PAY VENDOR DIANNE SAUCO RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $123.75 CHECK TOTAL $123.75 2520 6/2/2021 ONE TIME PAY VENDOR DIMILO LAND RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2521 6/2/2021 ONE TIME PAY VENDOR ELIZABETH KONGAIKA RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 4.3.b Packet Pg. 41 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2522 6/2/2021 ONE TIME PAY VENDOR ESTHER ZEPEDA RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID19 100 20202 $136.50 CHECK TOTAL $136.50 2523 6/2/2021 ONE TIME PAY VENDOR FASTSIGNS COVID SCREENING STATION SIGNS 100510 52110 $88.77 CHECK TOTAL $88.77 2524 6/2/2021 ONE TIME PAY VENDOR GUOLI LI RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2525 6/2/2021 ONE TIME PAY VENDOR HUGO SANCHEZ RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $165.00 CHECK TOTAL $165.00 2526 6/2/2021 ONE TIME PAY VENDOR IRMA SERRANO RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2527 6/2/2021 ONE TIME PAY VENDOR JACK YEN RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $16.00 CHECK TOTAL $16.00 2528 6/2/2021 ONE TIME PAY VENDOR JACQUELINE MADRIGAL RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2529 6/2/2021 ONE TIME PAY VENDOR JAMEELA ABDULLAH RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID19 100 20202 $112.95 CHECK TOTAL $112.95 2530 6/2/2021 ONE TIME PAY VENDOR JAMES LUO RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2531 6/2/2021 ONE TIME PAY VENDOR JEANA FRANCO RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID19 100 20202 $112.67 CHECK TOTAL $112.67 2532 6/2/2021 ONE TIME PAY VENDOR JEFF DONATH RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID19 100 20202 $338.37 CHECK TOTAL $338.37 2533 6/2/2021 ONE TIME PAY VENDOR JENNIFER LOPEZ RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 4.3.b Packet Pg. 42 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2534 6/2/2021 ONE TIME PAY VENDOR JENNY JACOBSZ-ROSIER RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID19 100 20202 $76.00 CHECK TOTAL $76.00 2535 6/2/2021 ONE TIME PAY VENDOR JINGBIN LIU RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2536 6/2/2021 ONE TIME PAY VENDOR JOE NGHE RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2537 6/2/2021 ONE TIME PAY VENDOR JOSE MAYA RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $230.00 CHECK TOTAL $230.00 2538 6/2/2021 ONE TIME PAY VENDOR JOSE OLIVO RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $42.00 CHECK TOTAL $42.00 2539 6/2/2021 ONE TIME PAY VENDOR JUN LIU RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2540 6/2/2021 ONE TIME PAY VENDOR JUN ZHOU RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $115.00 CHECK TOTAL $115.00 2541 6/2/2021 ONE TIME PAY VENDOR KAREN RAMIREZ RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $129.37 CHECK TOTAL $129.37 2542 6/2/2021 ONE TIME PAY VENDOR KARLA IRIBE RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $129.37 CHECK TOTAL $129.37 2543 6/2/2021 ONE TIME PAY VENDOR KEN LEE RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2544 6/2/2021 ONE TIME PAY VENDOR KEYSHA PUGH RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2545 6/2/2021 ONE TIME PAY VENDOR KHIENG LY RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 4.3.b Packet Pg. 43 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2546 6/2/2021 ONE TIME PAY VENDOR KRISTIN NEAL RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2547 6/2/2021 ONE TIME PAY VENDOR KRISTINE MOORE RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2548 6/2/2021 ONE TIME PAY VENDOR LAKSHMINARAYANA TRINATH GOTETI RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $115.00 CHECK TOTAL $115.00 2549 6/2/2021 ONE TIME PAY VENDOR LESLIE ALLYN RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $110.40 CHECK TOTAL $110.40 2550 6/2/2021 ONE TIME PAY VENDOR LILI SHEN RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2551 6/2/2021 ONE TIME PAY VENDOR LINA MCNAMARA RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2552 6/2/2021 ONE TIME PAY VENDOR LISA GARCIA RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $317.50 CHECK TOTAL $317.50 2553 6/2/2021 ONE TIME PAY VENDOR LISA SANCHEZ RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2554 6/2/2021 ONE TIME PAY VENDOR LUZMARIA BABBITT RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $123.75 CHECK TOTAL $123.75 2555 6/2/2021 ONE TIME PAY VENDOR LYDIA IRIGOYEN RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $183.75 CHECK TOTAL $183.75 2556 6/2/2021 ONE TIME PAY VENDOR MAISE ALBADAWI RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $115.00 CHECK TOTAL $115.00 2557 6/2/2021 ONE TIME PAY VENDOR MARTIN NAKAISHI RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $353.75 CHECK TOTAL $353.75 4.3.b Packet Pg. 44 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2558 6/2/2021 ONE TIME PAY VENDOR MELODY TONG RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $111.84 CHECK TOTAL $111.84 2559 6/2/2021 ONE TIME PAY VENDOR MICHAEL ROBERTSON RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $115.00 CHECK TOTAL $115.00 2560 6/2/2021 ONE TIME PAY VENDOR MICHELLE RAISER RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2561 6/2/2021 ONE TIME PAY VENDOR NINA TORRES RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $554.25 CHECK TOTAL $554.25 2562 6/2/2021 ONE TIME PAY VENDOR ORELIOUS PEEVY RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID19 100 20202 $132.75 CHECK TOTAL $132.75 2563 6/2/2021 ONE TIME PAY VENDOR PEARL LOU RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2564 6/2/2021 ONE TIME PAY VENDOR PEI NI CHUNG RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $110.00 CHECK TOTAL $110.00 2565 6/2/2021 ONE TIME PAY VENDOR PENSEE BO RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $123.75 CHECK TOTAL $123.75 2566 6/2/2021 ONE TIME PAY VENDOR PETER WONG RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $115.00 CHECK TOTAL $115.00 2567 6/2/2021 ONE TIME PAY VENDOR PHOEBE LAI RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2568 6/2/2021 ONE TIME PAY VENDOR QIAOLING CHEN RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $385.00 CHECK TOTAL $385.00 2569 6/2/2021 ONE TIME PAY VENDOR RAUL MADRID RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $115.00 CHECK TOTAL $115.00 4.3.b Packet Pg. 45 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2570 6/2/2021 ONE TIME PAY VENDOR RAYMOND GARCIA RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $50.00 CHECK TOTAL $50.00 2571 6/2/2021 ONE TIME PAY VENDOR RODNEY FERNANDO RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $123.75 CHECK TOTAL $123.75 2572 6/2/2021 ONE TIME PAY VENDOR SAM HUI RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $123.75 CHECK TOTAL $123.75 2573 6/2/2021 ONE TIME PAY VENDOR SANA QURESHI RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2574 6/2/2021 ONE TIME PAY VENDOR SOO LEE RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2575 6/2/2021 ONE TIME PAY VENDOR SOUTHERN CALIFORNIA CHINESE AMERICAN EVENT REFUND-REPRINT 100 20202 $1,910.50 CHECK TOTAL $1,910.50 2576 6/2/2021 ONE TIME PAY VENDOR STEVEN MAR RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2577 6/2/2021 ONE TIME PAY VENDOR THELMA ORTEGA RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2578 6/2/2021 ONE TIME PAY VENDOR TRI THIET KHA RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2579 6/2/2021 ONE TIME PAY VENDOR VERONICA FELIX RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2580 6/2/2021 ONE TIME PAY VENDOR VIVIAN FEARS RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $110.40 CHECK TOTAL $110.40 2581 6/2/2021 ONE TIME PAY VENDOR VIVIAN GU RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $110.40 CHECK TOTAL $110.40 4.3.b Packet Pg. 46 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2582 6/2/2021 ONE TIME PAY VENDOR YANCHIH LEE RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2583 6/2/2021 ONE TIME PAY VENDOR YANG LIU RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2584 6/2/2021 ONE TIME PAY VENDOR YISHAN ZHAO RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $123.75 CHECK TOTAL $123.75 2585 6/2/2021 ONE TIME PAY VENDOR YIWEN LIN RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2586 6/2/2021 ONE TIME PAY VENDOR YUE LIN RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $13.75 CHECK TOTAL $13.75 2587 6/2/2021 ONE TIME PAY VENDOR ZHUMING TONG RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $261.25 CHECK TOTAL $261.25 2588 6/2/2021 PAPER RECYCLING & SHREDDING PAPER RECYCLING CITY HALL 250170 55000 $65.00 CHECK TOTAL $65.00 2589 6/2/2021 PRO1PRINT, LLC PRINTING OF USED OIL CARDS 2021 250170 52110 $183.02 CHECK TOTAL $183.02 2590 6/2/2021 PROFESSIONAL LOCK SYSTEMS INC REPAIR OF SIELOX MASTER CONTROLLER BOARDS 100230 52314 $1,257.00 CHECK TOTAL $1,257.00 2591 6/2/2021 PROTECTION ONE INC QRTLY' BURGLAR ALARM MONITORING - DBC 100510 52320 $171.06 CHECK TOTAL $171.06 2592 6/2/2021 REGISTRAR-RECORDER/COUNTY CLERK FEE FOR RELEASE OF GOV'T LIEN 100410 52160 $20.00 CHECK TOTAL $20.00 2593 6/2/2021 RETAIL MARKETING SERVICES INC SHOPPING CART RETRIEVAL 250170 55000 $335.00 CHECK TOTAL $335.00 4.3.b Packet Pg. 47 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2594 6/2/2021 GREGORY C REUEL DEMOGRAPHICS AND SPACE AVAILABLE REPORT UPDATES 100150 54900 $2,100.00 CHECK TOTAL $2,100.00 2595 6/2/2021 RICHARD FISHER ASSOCIATES CANYON LOOP TRAIL - DESIGN 301630 56104 $1,138.03 CHECK TOTAL $1,138.03 2596 6/2/2021 SJC 3 CONSULTING INC HOME IMPR CONSULTANT FEES-FEB, MAR, APR 2021 225440 54900 $5,840.00 CHECK TOTAL $5,840.00 2597 6/2/2021 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AQMD FEE - DIAMOND BAR CENTER 100510 52320 $137.63 CHECK TOTAL $137.63 2598 6/2/2021 SOUTHERN CALIFORNIA EDISON 652 BREA CANYON ROAD 4.22.21 - 5.20.21 238638 52210 $14.18 6/2/2021 SOUTHERN CALIFORNIA EDISON 3334 BREA CANYON ROAD 4.23.21 - 5.23.21 100630 52210 $48.41 6/2/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 38 - 04.28.21 - 05.26.21 238638 52210 $313.44 6/2/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 39 - 04.28.21 - 05.26.21 239639 52210 $263.49 6/2/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 41 - 04.28.21 - 05.26.21 241641 52210 $142.68 CHECK TOTAL $782.20 2599 6/2/2021 SPECTRUM BUSINESS INTERNET SERVICE - HERITAGE PARK 100230 54030 $269.01 CHECK TOTAL $269.01 2600 6/2/2021 SURENDRA R MEHTA T&T COMMISSION STIPEND - JAN & MAR 2021 100610 52525 $90.00 CHECK TOTAL $90.00 2601 6/2/2021 TASC FSA - ADMIN FEES 100220 52515 $138.12 CHECK TOTAL $138.12 2602 6/2/2021 TEMCAL DEVELOPMENT CORP FLEET VEHICLE MAINT - APR 2021 502630 52312 $19.99 6/2/2021 TEMCAL DEVELOPMENT CORP FLEET VEHICLE MAINT - APR 2021 502430 52312 $88.94 6/2/2021 TEMCAL DEVELOPMENT CORP FLEET VEHICLE MAINT - APR 2021 502620 52312 $144.61 6/2/2021 TEMCAL DEVELOPMENT CORP FLEET VEHICLE MAINT - APR 2021 502655 52312 $168.94 CHECK TOTAL $422.48 2603 6/2/2021 THE GAS COMPANY CITY HALL 4.13.21 - 5.12.21 100620 52215 $1,112.74 4.3.b Packet Pg. 48 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $1,112.74 2604 6/2/2021 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD - COMM SERVICES 100520 52110 $470.00 CHECK TOTAL $470.00 2605 6/2/2021 THE SAUCE CREATIVE SERVICES INC HS SENIOR RECOGNITION BANNER 101110 52600 $189.35 6/2/2021 THE SAUCE CREATIVE SERVICES INC HS SENIOR RECOGNITION BANNERS 101110 52600 $997.51 CHECK TOTAL $1,186.86 2606 6/2/2021 TURBOSCAPE INC PARKS & FACILITIES MAINTENANCE - PANTERA DOG PARK 100630 52320 $11,400.00 6/2/2021 TURBOSCAPE INC PARKS & FACILITIES MAINTENANCE - SYC CNYN PARK 100630 52320 $2,850.00 CHECK TOTAL $14,250.00 2607 6/2/2021 VERIZON WIRELESS WIRELESS PHONE SERVICE - PW/CD - 4/17 - 5/16/21 100230 52200 $2,122.11 CHECK TOTAL $2,122.11 2608 6/2/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 41 - APR 2021 (PT. 2) 241641 52220 $5,498.22 6/2/2021 WALNUT VALLEY WATER DISTRICT PARKS - APR 2021 (PT. 3) 100630 52220 $2,119.83 CHECK TOTAL $7,618.05 2609 6/2/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES - CITY HALL 100620 51200 $438.00 CHECK TOTAL $438.00 2610 6/2/2021 WEST COAST ARBORISTS INC CITYWIDE TREE CARE/MAINT - GRID 38 238638 55522 $5,262.00 6/2/2021 WEST COAST ARBORISTS INC CITYWIDE TREE CARE AND MAINTENANCE 100645 55522 $9,980.00 CHECK TOTAL $15,242.00 2611 6/2/2021 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 2775 SHADOW CANYON 100 22109 $400.00 6/2/2021 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 2909 STEEPLECHASE 100 22109 $400.00 6/2/2021 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 23509 RIDGELINE ROAD 100 22109 $200.00 6/2/2021 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 1607 DERRINGER LANE 100 22109 $420.00 CHECK TOTAL $1,420.00 4.3.b Packet Pg. 49 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2612 6/2/2021 WISCONSIN QUICK LUBE INC VEHICLE MAINTENANCE - ROAD MAINTENANCE 502655 52312 $53.00 CHECK TOTAL $53.00 2613 6/2/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - APRIL 2021 100120 54020 $115.00 6/2/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - APRIL 2021 100 22107 $138.00 6/2/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - APRIL 2021 100120 54020 $299.00 6/2/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - APRIL 2021 100120 54020 $322.00 6/2/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - APRIL 2021 100120 54020 $989.00 6/2/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - APRIL 2021 100120 54020 $1,610.00 6/2/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - APRIL 2021 100120 54020 $6,739.00 CHECK TOTAL $10,212.00 GRAND TOTAL $267,869.99 4.3.b Packet Pg. 50 Agenda #: 4.4 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: TREASURER'S STATEMENT. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve the March 2021 Treasurer’s Statement. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Consistent with City policy, the Finance Department presents the monthly Treasurer’s Statement to the City Council for review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City’s Investment Policy. PREPARED BY: 4.4 Packet Pg. 51 REVIEWED BY: Attachments: 1. 4.4.a Treasurer's Report - March 2021 2. 4.4.b Investment Portfolio - March 2021 4.4 Packet Pg. 52 4.4.a Packet Pg. 53 4.4.a Packet Pg. 54 4.4.b Packet Pg. 55 4.4.b Packet Pg. 56 4.4.b Packet Pg. 57 4.4.b Packet Pg. 58 Agenda #: 4.5 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE ASSESSMENT DISTRICT NOS. 38 AND 39. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Adopt Resolution No. 2021-28 (No. 38), declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 38 and directing staff to advertise the Public Hearing to be set for the July 6, 2021 regular meeting; and B. Adopt Resolution No. 2021-29 (No. 39) declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 39 and directing staff to advertise the Public Hearing to be set for the July 6, 2021 regular meeting. FINANCIAL IMPACT: District No. 38 The assessment generated by this District in the amount of $276,330, and $155,692 of the General Fund are proposed to pay for the operation and maintenance costs budgeted in the Fiscal Year 2021/22 Budget Special Fund No. 638. District No. 39 The assessment generated by this District in the amount of $294,764, and $99,133 of General Funds are proposed to pay for the operation and maintenance costs budgeted in the Fiscal Year 2021/22 Budget Special Fund No. 639. BACKGROUND/DISCUSSION: District No. 38 4.5 Packet Pg. 59 The attached Engineer’s Report for the City’s Landscaping Assessment District Number 38, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 18,447 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2020-21 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2021 /22 is to remain at $15.00 per parcel. The assessments will be utilized towards the general maintenance of the City’s medians and parkways. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. District No. 39 The attached Engineer’s Report for the City’s Landscaping Assessment District Number 39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments. The estimated number of parcels within the District is 1,249 parcels. The amount assessed upon the lands within District Number 39 for Fiscal Year 2020 /21 was $236.00 per parcel. The amount to be assessed for Fiscal Year 2021 /22 is proposed to remain at $236.00 per parcel. The assessments will be utilized towards the general maintenance of slopes, open space areas, and the five (5) mini parks within District 39. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolutions as to form. PREPARED BY: 4.5 Packet Pg. 60 REVIEWED BY: Attachments: 1. 4.5.a Resolution No. 2021-28 (District No. 38) 2. 4.5.b District No. 38 Engineer's Report 3. 4.5.c Resolution No. 2021-29 (District No. 39) 4. 4.5.d District No. 39 Engineer's Report 4.5 Packet Pg. 61 RESOLUTION NO. 2021-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 6, 2021 REGULAR MEETING. WHEREAS, the City of Diamond Bar Assessment District No. 38 (“District”) was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.). WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond as follows: Section 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. Section 2. The above-described report submitted by the Engineer of Work relating to City of Diamond Bar Assessment District No. 38 is hereby approved as filed. Section 3. The Council hereby declares its intention to levy and collect assessments during fiscal year 2021-22 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the “Landscaping and Lighting Act of 1972, “within that area designated “City of Diamond Bar Assessment District No. 38,” as shown on Exhibit “A-1” attached hereto and incorporated herein by reference. Section 4. A general description of the improvements proposed for the aforementioned district is as follows: The installation, maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, or electrical facilities. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 38 as shown on Exhibit “A-1,” as attached hereto and incorporated by reference. The location and type of improvement is shown on Exhibit “A-1.” 4.5.a Packet Pg. 62 Resolution No. 2021-28 2 Section 5. Reference is hereby made to the Engineer’s Report relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 38 for fiscal year 2021-22. Said proposed assessment per lot is the amount of $15.00, the same amount which was levied in fiscal year 2020-21. Section 6. This Council hereby fixes 6:30 p.m. on July 6, 2021 in the Windmill community Room at City Hall, 21810 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for fiscal year 2021-22 and hereby gives notice of said hearing. Section 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for streets and sidewalks and that the assessment are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. Section 8. The City Clerk shall certify to the adoption of this Resolution; and staff shall cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 15th day of June 2021. _______ Nancy A. Lyons, Mayor ATTEST: I, KRISTINA SANTANA, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 15th day of June 2021, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: _______ Kristina Santana, City Clerk 4.5.a Packet Pg. 63 Resolution No. 2021-28 3 Exhibit A-1 4.5.a Packet Pg. 64 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 ENGINEER’S REPORT FISCAL YEAR 2021-22 JUNE 2021 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ENGINEER OF WORK: SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD, CALIFORNIA 94534 PHONE 707.430.4300 FAX 707.430.4319 WWW.SCI-CG.COM 4.5.b Packet Pg. 65 (THIS PAGE INTENTIONALLY LEFT BLANK) 4.5.b Packet Pg. 66 CITY OF DIAMOND BAR PAGE i LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP CITY OF DIAMOND BAR CITY COUNCIL Nancy A. Lyons, Mayor Ruth M. Low, Mayor Pro Tem Andrew Chou, Councilmember Stan Liu, Councilmember Steve Tye, Councilmember CITY MANAGER Dan Fox PUBLIC WORKS DIRECTOR / CITY ENGINEER David Liu CITY ATTORNEY David DeBerry ENGINEER OF WORK Jerry Bradshaw, P.E. SCI Consulting Group 4.5.b Packet Pg. 67 CITY OF DIAMOND BAR PAGE ii LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP (THIS PAGE INTENTIONALLY LEFT BLANK) 4.5.b Packet Pg. 68 CITY OF DIAMOND BAR PAGE iii LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP TABLE OF CONTENTS INTRODUCTION....................................................................................................................... 5 OVERVIEW ...................................................................................................................... 5 ENGINEER’S REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5 LEGISLATIVE ANALYSIS .................................................................................................... 6 PLANS & SPECIFICATIONS ...................................................................................................... 9 FISCAL YEAR 2021-22 ESTIMATE OF COST AND BUDGET ....................................................... 11 BUDGET FOR FISCAL YEAR 2021-22 ............................................................................... 11 METHOD OF ASSESSMENT APPORTIONMENT .......................................................................... 12 METHOD OF APPORTIONMENT ........................................................................................ 12 DISCUSSION OF BENEFIT ................................................................................................ 12 SPECIAL BENEFIT .......................................................................................................... 13 GENERAL VERSUS SPECIAL BENEFIT .............................................................................. 15 BENEFIT FINDING ........................................................................................................... 16 METHOD OF APPORTIONMENT ........................................................................................ 19 ANNUAL ASSESSMENT CALCULATION .............................................................................. 19 DURATION OF ASSESSMENT ........................................................................................... 20 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 20 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 20 ASSESSMENT ...................................................................................................................... 21 ASSESSMENT DIAGRAM ........................................................................................................ 23 ASSESSMENT ROLL ............................................................................................................. 25 4.5.b Packet Pg. 69 CITY OF DIAMOND BAR PAGE iv LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP LIST OF TABLES TABLE 1: FY 2021-22 ESTIMATE OF COSTS ........................................................................... 11 TABLE 2: FY 2021-22 SUMMARY COST ESTIMATE .................................................................. 21 4.5.b Packet Pg. 70 CITY OF DIAMOND BAR PAGE 5 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP INTRODUCTION OVERVIEW The City of Diamond Bar (the “City”) services and maintains perimeter and median landscaping, and other improvements (“Improvements”) to various parts of the City. In order to fund the maintenance and operation (“Services”) of these projects and improvements, Landscaping Assessment District No. 38 (“District”) was formed in 1984 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer’s Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2021-22 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the “Article”). ENGINEER’S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for over 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer’s Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer’s Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer’s Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10-day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for July 6, 2021. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2021-22. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2021-22. 4.5.b Packet Pg. 71 CITY OF DIAMOND BAR PAGE 6 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer’s reports has been retained herein and is cited in italics as appropriate. LEGISLATIVE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4TH 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that:  Benefit assessments are for special, not general, benefit  The services and/or improvements funded by assessments must be clearly defined  Special benefits are directly received by and provide a direct advantage to property in the Improvement District  The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer’s Report and the process used to establish the continuation of the assessments for fiscal year 2021-22 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: 1. The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required, and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. 4.5.b Packet Pg. 72 CITY OF DIAMOND BAR PAGE 7 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi-family residential parcels, commercial parcels, industrial parcels, etc. DAHMS V. DOWNTOWN POMONA PROPERTY (2009) 174 CAL. APP. 4TH 708 In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDER V. TOWN OF TIBURON (2009) 180 CAL. APP. 4TH 103 Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub-areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. BEUTZ V. COUNTY OF RIVERSIDE (2010) 184 CAL. APP. 4TH 1516 Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD ASSOCIATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4TH 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, 4.5.b Packet Pg. 73 CITY OF DIAMOND BAR PAGE 8 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP the court found that the City had failed to record the basis for the assessment on its own parcels. COMPLIANCE WITH CURRENT LAW This Engineer’s Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. 4.5.b Packet Pg. 74 CITY OF DIAMOND BAR PAGE 9 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District’s boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 38, (“District”), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are generally described as follows: MEDIANS The landscaped islands to be maintained by the District are located as follows:  Diamond Bar Blvd  Grand Ave  Golden Springs Dr – 57 freeway overcrossing to West City Limits  Golden Prados Dr – Golden Springs Dr to Hopi St  Tin Dr – Great Bend Dr to Diamond Bar Blvd  Lemon Ave – Lycoming St to Golden Springs Dr  Sunset Crossing Rd – 57 freeway off-ramp to Prospectors Rd  Prospectors Rd – at Dry Creek Rd; at Palo Cedro Dr; and at Beaverhead Dr  Pathfinder Rd at Brea Canyon Rd (east of 57 freeway) PARKWAYS The landscaped parkways to be maintained by the District are located as follows:  Grand Ave – Summit Ridge to Diamond Bar Blvd, north side  Temple Ave – Diamond Bar Blvd to Golden Springs Dr, south side  Golden Springs Dr – Ballena Dr to End of cul-de-sac  Golden Springs Dr – El Encino Dr to Platina Dr  Golden Springs Dr – Rancheria Rd to end of cul-de-sac  Diamond Bar Blvd – Mountain Laurel Way to Maple Hill Rd  Pathfinder Rd – Evergreen Springs Dr to end of cul-de-sac  Brea Canyon Rd – at Gerndal St  Golden Springs Dr – at Adel Ave  Brea Canyon Rd – South of Pathfinder Rd to southerly City Limits, both sides  Sunset Crossing Rd – Big Falls Dr to Chapparal Dr TURF AREAS The landscaped turf areas to be maintained by the District are located as follows:  Diamond Bar Blvd – at Gold Rush Dr  Grand Ave (east side) – from south of Rolling Knoll Dr to driveway at the Diamond Bar Center 4.5.b Packet Pg. 75 CITY OF DIAMOND BAR PAGE 10 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, lighting, fencing, entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, “Installation” means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage and lights. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. “Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. 4.5.b Packet Pg. 76 CITY OF DIAMOND BAR PAGE 11 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP FISCAL YEAR 2021-22 ESTIMATE OF COST AND BUDGET BUDGET FOR FISCAL YEAR 2021-22 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2021-22 for the maintenance and servicing of the Improvements is provided below. TABLE 1: FY 2021-22 ESTIMATE OF COSTS Expenditure Item Salaries & Benefits (subsidized by General Fund)45,085$ Operating Expenses Advertising 5,000$ Utilities 168,000$ Maintenance of Grounds/Buildings 37,175$ Professional Services 5,640$ Contract Services Trails Maintenance 184,070$ Trees Maintenance 6,500$ Estimated Expenditures 451,470$ Revenue Item Direct Benefit Assessments 276,705$ Fund Balance Reserves 19,073$ General Fund Contribution 155,692$ Estimated Revenues 451,470$ Budget Allocation to Parcels Total Assessment BudgetA 276,705$ Total Assessable Parcels 18447 Assessment per Parcel 15$ A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments. 4.5.b Packet Pg. 77 CITY OF DIAMOND BAR PAGE 12 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP METHOD OF ASSESSMENT APPORTIONMENT METHOD OF APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. DISCUSSION OF BENEFIT In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: 4.5.b Packet Pg. 78 CITY OF DIAMOND BAR PAGE 13 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas:  Proximity  Expanded or improved access  Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment-funded services upheld by Dahms included streetscape maintenance and security services. SPECIAL BENEFIT The District was formed by a different engineer of record. From the original Engineer’s Report, the primary special benefits on landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 4.5.b Packet Pg. 79 CITY OF DIAMOND BAR PAGE 14 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP 3. The enhancement of the value of property which results from the foregoing benefits.1 In addition, SCI assessment engineers have identified the following special benefits: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICTS The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. EXTENSION OF A PROPERTY’S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special 1 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 4.5.b Packet Pg. 80 CITY OF DIAMOND BAR PAGE 15 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: There is no widely-accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: General Benefit = Benefit to Real Property Outside the Assessment District + Benefit to Real Property Inside the Assessment District that is Indirect and Derivative + Benefit to the Public at Large Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive Total Benefit = General Benefit + Special Benefit 4.5.b Packet Pg. 81 CITY OF DIAMOND BAR PAGE 16 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large. BENEFIT FINDING QUANTIFICATION OF GENERAL BENEFIT In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since the properties outside the District but with frontage abutting the Improvements cannot be assessed by the District, this is a form of general benefit to other property. The primary way that parcels outside the district benefit by the Improvements is from views. Therefore, parcels that abut the landscape areas and are not separated from the Improvements by a privacy fence are counted for this general benefit. Since very few of the Improvements lie at the District boundary near occupied parcels, there are very few parcels in this category. The general benefit to property outside of the District is calculated as follows. BENEFIT TO PROPERTY INSIDE THE ASSESSMENT DISTRICTS THAT IS INDIRECT AND DERIVATIVE The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly “over and above” and “particular and distinct” 18 Parcels Outside District 18,422 Parcels In the District 18 18 +18,422 =0.10% Calculation: Assumptions: General Benefit to Property Ouside the District 4.5.b Packet Pg. 82 CITY OF DIAMOND BAR PAGE 17 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit “conferred on real property located in the district” A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 4.43% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. BENEFIT TO THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same way as park improvements – and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy landscaping in the same way as they may visit a park. One way to measure the special benefit to the general public is by the vehicle trips through an area with Improvements by people who are not residents within the District. Of the four ways benefits are conferred (proximity, access, views, extension of a property’s green space, and creation of lots), the only benefit that is conferred by way of pass-by vehicle trips is views, which accounts for 25% of the total benefits. This is further reduced to 10% due the brevity of the views and because views are less critically important and are enjoyed much less often to the average non-resident driver than to a resident. Specific data is not available for the number of vehicle trips by non-residents of the District past the Improvements, which lie mostly on arterial roadways. A conservative estimate of vehicle trips by non-residents is 50% of all vehicle trips. Therefore (50% of 10% =) 5.00% of the benefits from the other Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, we find that approximately 9.53% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. 4.5.b Packet Pg. 83 CITY OF DIAMOND BAR PAGE 18 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP Outside the District Inside the District Public At Large Total General Benefit Landscaping General Benefit Calculation 0.10% 4.43% 5.00% 9.53% Although this analysis finds that 9.53% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 10%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City’s General Fund or other non-District funds. These contributions can also be in the form of in-lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in-lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District’s Assessments. A summary and quantification of these other contributions from the City is discussed below: The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. 4.5.b Packet Pg. 84 CITY OF DIAMOND BAR PAGE 19 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 10% which is entirely offset by the conservatively quantified total non-assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. METHOD OF APPORTIONMENT The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer’s Report is included below: The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. The existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.2 ANNUAL ASSESSMENT CALCULATION For fiscal year 2021-22 the amount of Assessments for the District is not increased from prior years. The assessment per parcel is $15. 2 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 4.5.b Packet Pg. 85 CITY OF DIAMOND BAR PAGE 20 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP DURATION OF ASSESSMENT The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. APPEALS OF ASSESSMENTS LEVIED TO PROPERTY Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then-current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. 4.5.b Packet Pg. 86 CITY OF DIAMOND BAR PAGE 21 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP ASSESSMENT WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2021-22 is generally as follows: TABLE 2: FY 2021-22 SUMMARY COST ESTIMATE Salaries & Benefits 45,085$ Operating Expenses & Services 406,385$ Total for Services 451,470$ Less General Fund Contribution (174,765)$ Net Amount to Assessments 276,705$ As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year 2021-22. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. 4.5.b Packet Pg. 87 CITY OF DIAMOND BAR PAGE 22 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2021-22 for each parcel or lot of land within the District. Dated: June 4, 2021 Engineer of Work By___________________________ Jerry Bradshaw, License No. C48845 4.5.b Packet Pg. 88 CITY OF DIAMOND BAR PAGE 23 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP ASSESSMENT DIAGRAM The District boundary is conterminous with the City Limits. The parcels to be assessed in Landscaping Assessment District No. 38 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2021-22, and are incorporated herein by reference, and made a part of this Diagram and this Report. 4.5.b Packet Pg. 89 CITY OF DIAMOND BAR PAGE 24 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP 4.5.b Packet Pg. 90 CITY OF DIAMOND BAR PAGE 25 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP PAGE 25 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. 4.5.b Packet Pg. 91 RESOLUTION NO. 2021-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 6, 2021 REGULAR MEETING. WHEREAS, the City of Diamond Bar Assessment District No. 3 9 (“District”) was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.). WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. Section 2. The above-described report submitted by the Engineer of Work relating to City of Diamond Bar Assessment District No. 3 9 is hereby approved as filed. Section 3. The Council hereby declares its intention to levy and collect assessments during fiscal year 2021-22 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the “Landscaping and Lighting Act of 1972, “within that area designated “City of Diamond Bar Assessment District No. 39,” as shown on Exhibit “A-2” attached hereto and incorporated herein by reference. Section 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pe st control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 39 as shown on Exhibit “A-2” as attached hereto and incorporated by reference. The location and type of improvement is shown on Exhibit “A-2.” 4.5.c Packet Pg. 92 Resolution No. 2021-29 Section 5. Reference is hereby made to the Engineer’s Report relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 39 for fiscal year 2021-22. Said proposed assessment per lot is the amount of $236.00, the same amount which was levied in fiscal year 2020-21. Section 6. This Council hereby fixes 6:30 p.m. on July 6, 2021 in the Windmill Community Room at City Hall, 21810 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 3 9 for fiscal year 2021-22 and hereby gives notice of said hearing. Section 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for streets and sidewalks and that the assessment are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. Section 8. The City Clerk shall Certify to the adoption of this Resolution; and staff shall cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 15th day of June 2021. _______ Nancy A. Lyons, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 15 th day of June 2021, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: _______ Kristina Santana, City Clerk 4.5.c Packet Pg. 93 Resolution No. 2021-29 Exhibit A-2 4.5.c Packet Pg. 94 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER’S REPORT FISCAL YEAR 2021-22 JUNE 2021 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ENGINEER OF WORK: SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD, CALIFORNIA 94534 PHONE 707.430.4300 FAX 707.430.4319 WWW.SCI-CG.COM 4.5.d Packet Pg. 95 (THIS PAGE INTENTIONALLY LEFT BLANK) 4.5.d Packet Pg. 96 CITY OF DIAMOND BAR PAGE i LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP CITY OF DIAMOND BAR CITY COUNCIL Nancy A. Lyons, Mayor Ruth M. Low, Mayor Pro Tem Andrew Chou, Councilmember Stan Liu, Councilmember Steve Tye, Councilmember CITY MANAGER Dan Fox PUBLIC WORKS DIRECTOR / CITY ENGINEER David Liu CITY ATTORNEY David DeBerry ENGINEER OF WORK Jerry Bradshaw, P.E. SCI Consulting Group 4.5.d Packet Pg. 97 CITY OF DIAMOND BAR PAGE ii LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP (THIS PAGE INTENTIONALLY LEFT BLANK) 4.5.d Packet Pg. 98 CITY OF DIAMOND BAR PAGE iii LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP TABLE OF CONTENTS INTRODUCTION....................................................................................................................... 5 OVERVIEW ...................................................................................................................... 5 ENGINEER’S REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5 LEGISLATIVE ANALYSIS .................................................................................................... 6 PLANS & SPECIFICATIONS ...................................................................................................... 9 FISCAL YEAR 2020-21 ESTIMATE OF COST AND BUDGET ....................................................... 11 BUDGET FOR FISCAL YEAR 2020-21 ............................................................................... 11 METHOD OF ASSESSMENT APPORTIONMENT .......................................................................... 12 METHOD OF APPORTIONMENT ........................................................................................ 12 DISCUSSION OF BENEFIT ................................................................................................ 12 SPECIAL BENEFIT .......................................................................................................... 13 GENERAL VERSUS SPECIAL BENEFIT .............................................................................. 15 BENEFIT FINDING ........................................................................................................... 16 METHOD OF APPORTIONMENT ........................................................................................ 19 ANNUAL ASSESSMENT CALCULATION .............................................................................. 20 DURATION OF ASSESSMENT ........................................................................................... 20 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 20 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 21 ASSESSMENT ...................................................................................................................... 22 ASSESSMENT DIAGRAM ........................................................................................................ 24 ASSESSMENT ROLL ............................................................................................................. 26 4.5.d Packet Pg. 99 CITY OF DIAMOND BAR PAGE iv LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP LIST OF TABLES TABLE 1: FY 2020-21 ESTIMATE OF COSTS ........................................................................... 11 TABLE 2: FY 2020-21 SUMMARY COST ESTIMATE .................................................................. 22 4.5.d Packet Pg. 100 CITY OF DIAMOND BAR PAGE 5 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP PAGE 5 INTRODUCTION OVERVIEW The City of Diamond Bar (the “City”) services and maintains mini-parks, slopes and open space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of the City. In order to fund the maintenance and operation (“Services”) of these projects and improvements, Landscaping Assessment District No. 39 (“District”) was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer’s Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2021-22 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the “Article”). ENGINEER’S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer’s Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer’s Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer’s Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10-day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for July 6, 2021. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2021-22. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2021-22. 4.5.d Packet Pg. 101 CITY OF DIAMOND BAR PAGE 6 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer’s reports has been retained herein and is cited in italics as appropriate. LEGISLATIVE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4TH 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that:  Benefit assessments are for special, not general, benefit  The services and/or improvements funded by assessments must be clearly defined  Special benefits are directly received by and provide a direct advantage to property in the Improvement District  The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer’s Report and the process used to establish the continuation of the assessments for fiscal year 2021-22 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: 1. The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required, and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. 4.5.d Packet Pg. 102 CITY OF DIAMOND BAR PAGE 7 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi-family residential parcels, commercial parcels, industrial parcels, etc. DAHMS V. DOWNTOWN POMONA PROPERTY (2009) 174 CAL. APP. 4TH 708 In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDER V. TOWN OF TIBURON (2009) 180 CAL. APP. 4TH 103 Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub-areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. BEUTZ V. COUNTY OF RIVERSIDE (2010) 184 CAL. APP. 4TH 1516 Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD ASSOCIATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4TH 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. 4.5.d Packet Pg. 103 CITY OF DIAMOND BAR PAGE 8 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP COMPLIANCE WITH CURRENT LAW This Engineer’s Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. 4.5.d Packet Pg. 104 CITY OF DIAMOND BAR PAGE 9 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District’s boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 39, (“District”), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are generally described as mini-parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District. Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis courts, other recreational facilities, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, “Installation” means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. “Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). 4.5.d Packet Pg. 105 CITY OF DIAMOND BAR PAGE 10 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. 4.5.d Packet Pg. 106 CITY OF DIAMOND BAR PAGE 11 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP FISCAL YEAR 2021-22 ESTIMATE OF COST AND BUDGET BUDGET FOR FISCAL YEAR 2021-22 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2021-22 for the maintenance and servicing of the Improvements is provided below. TABLE 1: FY 2021-22 ESTIMATE OF COSTS Expenditure Item Salaries & Benefits 25,640$ Operating Expenses Advertising 5,000$ Utilities 123,517$ Maintenance of Grounds/Buildings 34,500$ Professional Services 5,640$ Contract Services Trails Maintenance 146,500$ Tree Maintenance 6,500$ Weed Abatement 47,000$ Estimated Expenditures 394,297$ Revenue Item Direct Benefit Assessments 294,764$ Fund Balance Reserve 400$ General Fund Contribution 99,133$ Estimated Revenues 394,297$ Budget Allocation to Parcels Total Assessment BudgetA 294,764$ Total Assessable Parcels 1249 Assessment per Parcel 236$ A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments. 4.5.d Packet Pg. 107 CITY OF DIAMOND BAR PAGE 12 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP METHOD OF ASSESSMENT APPORTIONMENT METHOD OF APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. DISCUSSION OF BENEFIT In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: 4.5.d Packet Pg. 108 CITY OF DIAMOND BAR PAGE 13 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements. E. Safety and Security within the District F. Creation of individual lots for residential and commercial use that, in absence of the Assessments, would not have been created. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas:  Proximity  Expanded or improved access  Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment-funded services upheld by Dahms included streetscape maintenance and security services. SPECIAL BENEFIT The District was formed by a different engineer of record. From the original Engineer’s Report, the primary special benefits on landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 4.5.d Packet Pg. 109 CITY OF DIAMOND BAR PAGE 14 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. 4. The enhancement of the value of property which results from the foregoing benefits.1 In addition, SCI assessment engineers have identified the following special benefits: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICT The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. EXTENSION OF A PROPERTY’S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide 1 From the Engineer’s Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 4.5.d Packet Pg. 110 CITY OF DIAMOND BAR PAGE 15 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. SAFETY AND SECURITY WITHIN THE ASSESSMENT DISTRICT The City, through proper installation, maintenance and servicing of permanent public improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well-kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL AND COMMERCIAL USE THAT, IN ABSENCE OF THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED In most of the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for public improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate “White Paper” reports that the parcels were subject to assessment. Purchase of property was also an “agreement” to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. 4.5.d Packet Pg. 111 CITY OF DIAMOND BAR PAGE 16 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP In other words: There is no widely-accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: General Benefit = Benefit to Real Property Outside the Assessment District + Benefit to Real Property Inside the Assessment District that is Indirect and Derivative + Benefit to the Public at Large Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large. BENEFIT FINDING QUANTIFICATION OF GENERAL BENEFIT In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. Total Benefit = General Benefit + Special Benefit 4.5.d Packet Pg. 112 CITY OF DIAMOND BAR PAGE 17 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are eight parcels outside the District that lie within a half mile travel distance of one of mini-parks within the District. In addition, there are 87 parcels outside the District that are directly adjacent to areas where brush clearing activity is performed by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by half. The general benefit to property outside of the District is calculated as follows. BENEFIT TO PROPERTY INSIDE THE ASSESSMENT DISTRICTS THAT IS INDIRECT AND DERIVATIVE The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit “conferred on real property located in the district” A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 1.51% of the 87 Parcels Outside District 1,249 Parcels In the District 50%Benefit Factor 87 87 +1,249 x 50% Assumptions: Calculation: General Benefit to Property Ouside the District =3.26% 4.5.d Packet Pg. 113 CITY OF DIAMOND BAR PAGE 18 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. BENEFIT TO THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. There are two ways in which the public at large can enjoy the improvements, with each counting for half of the general benefit: use of parks, and pass-by trips where landscaped areas can be viewed. In the case of the mini-parks that serve primarily the neighborhood, City staff estimate that approximately 10% of the users do not live, work or own property in the District. The general landscape improvements are typically along slopes and open space areas, out of view of the general public; no general benefit is conferred for views of landscaping. Finally, the general benefits conferred to the public at large does not include the benefit of lot creation, so this benefit is further reduced by half. Therefore, we find that ((50% of 10%) x 50% =) 2.50% of the benefits from the Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, we find that approximately 7.27% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. Although this analysis finds that 7.27% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 8%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. Outside the District Inside the District Public At Large Total General Benefit 3.26% 1.51% 2.50% 7.27% Landscaping General Benefit Calculation 4.5.d Packet Pg. 114 CITY OF DIAMOND BAR PAGE 19 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City’s General Fund or other non-District funds. These contributions can also be in the form of in-lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in-lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District’s Assessments. A summary and quantification of these other contributions from the City is discussed below: The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 8% which is entirely offset by the conservatively quantified total non-assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. METHOD OF APPORTIONMENT The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer’s Report is included below: 4.5.d Packet Pg. 115 CITY OF DIAMOND BAR PAGE 20 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. The existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.2 ANNUAL ASSESSMENT CALCULATION For fiscal year 2021-22 the amount of Assessments for the District is not increased from the prior year. The assessment per parcel is $236. DURATION OF ASSESSMENT The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. APPEALS OF ASSESSMENTS LEVIED TO PROPERTY Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then-current Fiscal 2 From the Engineer’s Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 4.5.d Packet Pg. 116 CITY OF DIAMOND BAR PAGE 21 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. 4.5.d Packet Pg. 117 CITY OF DIAMOND BAR PAGE 22 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP ASSESSMENT WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2021-22 is generally as follows: TABLE 2: FY 2021-22 SUMMARY COST ESTIMATE Salaries & Benefits 25,640$ Operating Expenses & Services 368,657$ Total for Services 394,297$ Less General Fund Contribution (99,533)$ Net Amount to Assessments 294,764$ As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year 2021-22. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. 4.5.d Packet Pg. 118 CITY OF DIAMOND BAR PAGE 23 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2021-22 for each parcel or lot of land within the District. Dated: June 4, 2021 Engineer of Work By___________________________ Jerry Bradshaw, License No. C48845 4.5.d Packet Pg. 119 CITY OF DIAMOND BAR PAGE 24 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP ASSESSMENT DIAGRAM The District boundary and the parcels to be assessed in Landscaping Assessment District No. 39 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2021-22, and are incorporated herein by reference, and made a part of this Diagram and this Report. 4.5.d Packet Pg. 120 CITY OF DIAMOND BAR PAGE 25 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP 4.5.d Packet Pg. 121 CITY OF DIAMOND BAR PAGE 26 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 39 ENGINEER’S REPORT, FISCAL YEAR 2021-22 BY SCICONSULTINGGROUP ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. 4.5.d Packet Pg. 122 Agenda #: 4.6 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH EIDE BAILLY, LLP FOR INTERIM FINANCE DIRECTOR SERVICES. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the First Amendment to the Consultant Services Agreement with Eide Bailly, LLP for Interim Finance Director Services. FINANCIAL IMPACT: This First Amendment would increase the total not-to-exceed compensation under the Agreement by $25,000 for a total of $70,000. Sufficient funds are available in the FY 2020/21 operating budget to cover the cost of such services. BACKGROUND/ANALYSIS: With the resignation of Finance Director Dianna Honeywell, the City engaged the services of Eide Bailly, LLP to provide an Interim Finance Director during the recruitment of her successor. The Original Agreement was through June 30, 2021 for a not-to-exceed amount of $45,000. Brent Mason has serve d in that capacity as the Interim Finance Director since that time, and was able to quickly assume the daily oversight of the Finance Department, as well as, provided tremendous assistance with the refunding of the DBC Bonds and development of the FY 2021/22 Capital Improvement Program and Operating Budget. The Finance Director recruitment process is proceeding expeditiously. However, at this point, it is unlikely that the new Finance Director will be able to start before June 30, 2021. The proposed First Amendment to the Consultant Services Agreement would extend the term of the agreement an additional month through July 31, 2021. The First Amendment would also increase the not-to-exceed amount by $25,000 for a new total 4.6 Packet Pg. 123 of $70,000. A greater work effo rt than initially estimated was needed on the refunding of the DBC Bonds and preparation of the Budget. The current estimates are based on the anticipated work effort required for June and July. Depending on the actual start date of a new Finance Director, not all of the funding may be needed. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.6.a First Amendment to Agreement - Eide Bailly, LLP 4.6 Packet Pg. 124 1450826.1 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT (Eide Bailly, LLP) This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of June 15, 2021, by and between the City of Diamond Bar, a municipal corporation ( “City”), and Eide Bailly, LLP, (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of March 29, 2021, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant desire to amend, modify, amend and supplement certain portions of the Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Term. The Term of the Original Agreement as set forth in Section 2 therein was from March 29, 2021 through June 30, 2021. This First Amendment extends the Term up to and including July 31, 2021, unless earlier terminated pursuant to the Original Agreement. 3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of forty-five thousand dollars ($45,000). This First Amendment increases that amount by twenty-five thousand dollars ($25,000) for a total not- to-exceed compensation amount of seventy thousand dollars ($70,000), which amount may not be exceeded without prior written authorization by the City. 4. Integration. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. 4.6.a Packet Pg. 125 IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. “CONSULTANT” “CITY” EIDE BAILLY, LLP CITY OF DIAMOND BAR *By: By: Brad Rockabrand, CPA Nancy A. Lyons, Mayor Partner *By: Printed Name: Title: ATTEST: Kristina Santana, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. for 4.6.a Packet Pg. 126 Agenda #: 4.7 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FOURTH AMENDMENT TO THE CONTRACTOR SERVICES AGREEMENT WITH NETWORK PARATRANSIT SYSTEMS FOR DIAMOND RIDE PROGRAM SENIOR TRANSPORTATION SERVICES THROUGH JUNE 30, 2022. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Mayor to sign, the Fourth Amendment to the Contractor Services Agreement with Network Paratransit Systems (NPS) to provide Diamond Ride Program senior transportation services through June 30, 2022. FINANCIAL IMPACT: Sufficient funds are included in the FY 20 21-2022 budget to cover the cost of Diamond Ride Program senior transportation services in the amount of $350,000, which is funded exclusively through Proposition A Local Return Funds. BACKGROUND: The City’s Diamond Ride (or “dial-a-cab”) program was originally established in April 1995 to provide supplemental transportation for residents 60 years and older (“seniors”) and disabled adults 18 years and older. The program has been modified over the years to improve service and ensure fiscal sustainability, with the most recent program modifications going into effect in December 2014. The Diamond Ride program currently has approximately 1,100 active cardholders and operates from 7am-8pm daily. Riders can use 30 one-way or 15 round trips per month. The City’s existing service boundaries include: • Service Area 1 ($0.50): Trips to/from any destination within Diamond Bar city limits. 4.7 Packet Pg. 127 • Service Area 2 ($1.50): Trips to/from medical facilities approximately five miles beyond Diamond Bar city limits, and also includes the St. Jude Hospital Medical Campus in Fullerton and Pomona Valley Hospital Medical Campus. • Trips extending beyond the established service area boundaries are subject to a $2.60 per mile cab fare in addition to the regular Diamond Ride fare for the specified trip (known as a “cab conversion”). • Holiday Ride trips: Free trips to commercial businesses during the holiday season. DISCUSSION: The City Council entered into a three-year Agreement with American Cab to provide senior transportation services effective July 1, 2015 through June 30, 2018, with the option, at the City’s sole discretion, to award two annual extensions up to and including June 30, 2020, which extensions have been exercised. The Original Agreement also provides that upon mutual agreement and upon successful demonstration of exemplary contract performance, the parties may extend the Agreement beyond the two annual extensions. The proposed Fourth Amendment extends the Term one additional year through June 30, 2022. National Paratransit Systems (NPS) assumed the contract from the City’s long-term provider American Cab in 2018. NPS, which operates buses and cabs under the Bell Cab and Yellow Cab subsidiaries, subsequently acquired the vehicles, contract drivers, and dispatch center previously owned and op erated by the previous operator. Staff continues to monitor contractor performance, and has determined that NPS is meeting performing metrics established by the agreement including on time performance pickups and program costs. During the contract term, program costs have ranged from approximately $277,000 to $310,435 annually prior to the COVID-19 pandemic. Contract pricing under NPS has remained within Council approved appropriations of $350,000 annually . During the last year, ridership has dropped to approximately forty percent of normal ridership levels to an estimated 6,000 trips the current fiscal year. Cost estimates for FY 2020-21 are well below the annual program authorization of $350,000 as outlined in the chart below. Diamond Ride Monthly Costs Monthly Average Annual Total FY2020-21 – Est. through April* $11,401.58 $150,000.00 FY2019-20 $16,814.35 $201,773.23 FY2018-19 $23,066.97 $276,803.64 FY2017-18 $25,869.55 $310,434.65 FY2016-17 $25,385.27 $304,623.20 FY2015-16 $24,799.26 $297,591.09 FY2014-15 $36,996.33 $443,955.98 FY2013-14 $47,328.43 $567,940.12 *Costs based on first nine months of the fiscal year. For the upcoming contract year, NPS has requested that the per mile and flag drop be 4.7 Packet Pg. 128 increased by the Consumer Price Index of 2 .5%, bringing those costs up to $2.56 per mile and $2.67 per flag drop. Additionally, the extension also m aintains the $2,500 administrative surcharge, which is necessitated by the continuation of the Governor’s executive orders and CalOSHA’s updated requirements on safety precautions that all employers including NPS must continue to maintain . The rates proposed by NPS are within budgetary appropriations and in line with those in the industry. City staff will continue to monitor program performance and funding to ensure Diamond Ride operates within the Council appropriated funding allocation. If ridership cont inues at lower levels due to COVID related concerns, any unused Proposition A funds can be reallocated to other eligible City related needs. Based on current performance, it is recommended that the City Council grant an additional one-year extension to the Agreement through June 30, 2022 with the 2.5% CPI rate adjustments. . LEGAL REVIEW: The City Attorney has approved the Fourth Amendment to the Contractor Services Agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.7.a NPS 4th Amendment 2. 4.7.b NPS 4th Extension Letter 4.7 Packet Pg. 129 4.7.aPacket Pg. 130 for4.7.aPacket Pg. 131 4.7.aPacket Pg. 132 4.7.b Packet Pg. 133 Agenda #: 4.8 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH THE SAUCE CREATIVE SERVICES FOR DESIGN AND PRINT SERVICES THROUGH JUNE 30, 2022. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the Second Amendment to the Consultant Services Agreement with the Sauce Creative Services for print and design services through June 30, 2022. FINANCIAL IMPACT: The not-to-exceed amount of the Agreement for Fiscal Year 2021-22 would total $20,650. Sufficient funds are included in the Parks and Recreation Fiscal Year 2021-22 budget to cover the cost of such services. BACKGROUND: The Sauce Creative Services is a professional contractor that designs, creates, and produces marketing materials for Parks and Recreation programs and events. The material created includes postcards, social media posts, logos, stickers, banners and signage. The Sauce Creative Services has been a crucial vendor with the City of Diamond Bar since 2008 and has continued to provide quality products and services to the City. In September of 2019 the City entered into the original agreement for $17,800 that expired in June of 2020. Consistent with Section 2 of the Original Agreement, Term of the Agreement, the City Council has the option to extend the Agreement for up to three (3), one (1)-year additional terms. In July of 2020, the City and Consultant entered into the first amendment in the amount of $12,500 with an expiration date of June 2021. Th is is the second one-year extension and would cover the term through June 2022 under 4.8 Packet Pg. 134 the same terms in the amount of $20,650; therefore, the total not-to-exceed amount of the Agreement would be $50,950. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.8.a Second Amendment - The Sauce 4.8 Packet Pg. 135 1450782.1 SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT DESIGN PROFESSIONAL This Second Amendment to Consultant Services Agreement (“Second Amendment”) is made and entered into as of July 1, 2021, by and between the City of Diamond Bar, a municipal corporation (“City”), and The Sauce Creative Services, a California Corporation (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of August 15, 2019, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant entered into that certain First Amendment dated as of August 11, 2020, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as the "Agreement"); C. The City and the Consultant desire to amend the Agreement as provided herein. NOW, THEREFORE, the parties agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. Is hereby left as described in the original agreement. 3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from August 15, 2019 to June 30, 2020. The First Amendment extended the Term up to and including June 30, 2021. This Second Amendment shall extend the Term up to and including June 30, 2022. 4 Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of seventeen thousand, eight hundred dollars ($17,800.00). The First Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of thirty thousand, three hundred dollars ($30,300.00). The total not-to-exceed compensation of the Agreement is hereby amended to provide for an increase of twenty thousand, six hundred fifty dollars ($20,650.00) so that the total not-to-exceed compensation, as amended by this Second Amendment shall not exceed fifty thousand, nine hundred and fifty dollars ($50,950.00) 4.8.a Packet Pg. 136 for 4.8.a Packet Pg. 137 Agenda #: 4.9 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH TENNIS ANYONE, INC. FOR TENNIS INSTRUCTION SERVICES THROUGH JUNE 30, 2022. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the First Amendment to the Consultant Services Agreement with Tennis Anyone, Inc. for contract tennis instruction services through June 30, 2022. FINANCIAL IMPACT: The total not-to-exceed amount for Fiscal Year 2021-22 would total $70,000. Program fees are collected from participants attending youth and adult tennis classes which are shared between the Contractor (70%) and City (30%). Sufficient funds are included in the Fiscal Year 2021-22 Parks and Recreation budget to cover the cost of such services. BACKGROUND/ANALYSIS: Tennis Anyone provides tennis instruction through the Parks and Recreation Department’s Contract Class Program, offering affordable les sons for all levels ages three and older, as an independent contractor. Tennis Anyone, Inc. was awarded the Tennis Instruction Services Agreement on July 1, 2020 through the City’s Request for Proposal process for an initial one-year term. Consistent with Section 2 of the Original Agreement, Term of the Agreement, the City Council has the option to extend the Agreement for up to three (3), one (1)-year additional terms. This is the first one-year extension. The Parks and Recreation Department requests to extend the service agreement for Fiscal Year 2021-22 under the same terms based on satisfactory services for an additional $70,000; therefore, the 4.9 Packet Pg. 138 total not-to-exceed-amount would be $140,000. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.9.a 1st Amendment - Tennis Anyone Inc 2. 4.9.b Tennis Anyone 1st Amendment Exhibit A 4.9 Packet Pg. 139 FIRST AMENDMENT TO TENNIS INSTRUCTION SERVICES AGREEMENT This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of June 15, 2021, by and between the City of Diamond Bar, a municipal corporation (“City”), and Tennis Anyone, Inc., a California corporation (herein referred to as the “Contractor”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of July 1, 2020, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2020 to June 30, 2021. This First Amendment extends the Term up to and including June 30, 2022 3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Seventy Thousand Dollars ($70,000.00). Section 3 of the Original Agreement is hereby amended to provide for an increase of Seventy Thousand Dollars ($70,000.00) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed One Hundred Forty Thousand Dollars ($140,000.00) without the prior authorization of the City. 4. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. 1450826.1 4.9.a Packet Pg. 140 IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. “CONSULTANT” “CITY” Tennis Anyone, Inc. CITY OF DIAMOND BAR By: Nancy Lyons, City Mayor *By: Printed Name: Title: ATTEST: Kristina Santana, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney 1450826.1 4.9.a Packet Pg. 141 EXHIBIT “A” ADDITIONAL SCOPE OF SERVICES [Behind this page.] 1450826.1 4.9.a Packet Pg. 142 Lessons for the Entire Family Summer 2021 Diamond Bar Class Schedule Coach Bill has been teaching tennis for the past 22 years and founded Tennis Anyone 15 years ago. He has a Bachelors degree is Psychology from the University of Azusa Pacific. Mr. Bush has been a USPTA certified teaching pro for the past 20 years. During his time on the profession- al tennis circuit he had a win over Jan Michael Gambil (ranked 14 in the world), As a player, Bill has trained with and played against: Pete Sampras, Michael Chang, John McEnroe and even lived with Andre Agassi for a Summer. He is the author of Ace Tennis Workbook. Currently Ten- nis Anyone runs tennis program for the cities of; Diamond Bar, Chino Hills, Claremont, Brea, and Jurupa (Eastvale). All Tennis Anyone coaches have tournament level experience, are extremely 4.9.b Packet Pg. 143 Material Fee (detailed description on reverse side): NONE Class Minimum: 2 Class Maximum: 4 per class Special equipment needed by instructor: NA Students Should Supply: Tennis Racket 1-day $169 20% off Multi-Day Registration + $10 Administrative Fee $10 Class Fee $179 May 25 Jun 17 Tues /Thurs 4:45-5:30 pm 3-6 Jun 22 Jul 15 “ “ “ Jul 20 Aug 12 “ “ “ Aug 17 Sep 9 “ “ “ Tennis Anyone 15670 Portenza Dr. Fontana CA, 92336 909-625-2060 / Questions@TennisAnyone.info www.TennisAnyone.info Office use only: CoachBill.Tennispro@gmail.com (909) 625-2060 (public use ok) 909 695-5130 rec use only Class Title Number of Weeks: Class Description Class Location Dates Classes not held because of Holiday or Vacation: Ronald Reagan Park Pee Wee Semi Private Tennis Lessons 4 Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for Summer 2021. Get 2 on 1 instruc- tion with a Tennis Anyone coach. These classes will be 1-2 days per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multi- family or multi-session discount SUMMER 2021: MAY 22-SEPTEMBER 3 4.9.b Packet Pg. 144 1-day $169 + $10 Administrative Fee $10 Class Fee $179 20% off Multi-Day Registration 70% February 10, 2021 NONE $10.00 4.9.b Packet Pg. 145 Material Fee (detailed description on reverse side): NONE Class Minimum: 2 Class Maximum: 4 per class time Special equipment needed by instructor: NA Students Should Supply: Tennis Racket 1-day $189 + $10 Administrative Fee $10 20% off Multi-Day Registration Class Fee $199 May 25 Jun 17 Tues, Wed, Thurs Tues & Thur 5:30-6:30 pm 6:30-7:30pm 7-13 Jun 22 Jul 15 “ “ Jul 20 Aug 12 Aug 17 Sep 9 Tennis Anyone 15670 Portenza Dr. Fontana CA, 92336 909-625-2060 / Questions@TennisAnyone.info www.TennisAnyone.info Office use only: CoachBill.Tennispro@gmail.com (909) 625-2060 Public Usage ok 909 695-5130 rec use only Class Title Number of Weeks: Class Description Class Location Dates Classes not held because of Holiday or Vacation: Ronald Reagan Park Jr Beginner-Inter Semi-Private Tennis Lessons 4 Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for Summer 2021. Get 2 on 1 instruc- tion with a Tennis Anyone coach. These classes will be 1-2 days per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multi- family or multi-session discount SUMMER 2021: MAY 22-SEPTEMBER 3 4.9.b Packet Pg. 146 70% NONE 1-day $189 + $10 Administrative Fee $10 Class Fee $199 20% off Multi-Day Registration February 10, 2021 $10.00 4.9.b Packet Pg. 147 May 25 Jun 17 Tue, Thur Wed 7:30-8:30pm 6:30-7:30pm 7-17 Jun 22 Jul 15 “ “ “ Jul 20 Aug 12 Aug 17 Sep 9 Material Fee (detailed description on reverse side): NONE Class Minimum: 1 Class Maximum: 4 per class time Special equipment needed by instructor: NA Students Should Supply: Tennis Racket 1-day $189 + $10 Administrative Fee $10 20% off Multi-Day Registration Class Fee $199 Tennis Anyone 15670 Portenza Dr. Fontana CA, 92336 909-625-2060 / Questions@TennisAnyone.info www.TennisAnyone.info Office use only: CoachBill.Tennispro@gmail.com (909) 625-2060 Public Usage Ok 909 695-5130 rec use only Class Title Number of Weeks: Class Description Class Location Dates Classes not held because of Holiday or Vacation: Ronald Reagan Park Jr Intermediate-Adv Semi Private Tennis Lessons 4 Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for Summer 2021. Get 2 on 1 instruc- tion with a Tennis Anyone coach. These classes will be 1-2 days per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multi- family or multi-session discount SUMMER 2021: MAY 22-SEPTEMBER 3 4.9.b Packet Pg. 148 70% NONE 1-day $189 + $10 Administrative Fee $10 Class Fee $199 20% off Multi-Day Registration February 10, 2021 $10.00 4.9.b Packet Pg. 149 May 25 Jun 17 Wed 7:30-8:30 pm 18+ Jun 22 Jul 15 “ Jul 20 Aug 12 Aug 17 Sep 9 Material Fee (detailed description on reverse side): NONE Class Minimum: 1 Class Maximum: 4 total Special equipment needed by instructor: NA Students Should Supply: Tennis Racket 1-day $179 + $10 Administra- tive Fee $10 20% off Multi-Day Registration Class Fee $189 Tennis Anyone 15670 Portenza Dr. Fontana CA, 92336 909-625-2060 / Questions@TennisAnyone.info www.TennisAnyone.info Office use only: CoachBill.Tennispro@gmail.com (909) 625-2060 Public Usage Ok 909 695-5130 rec use only Class Title Number of Weeks: Class Description Class Location Dates Classes not held because of Holiday or Vacation: Ronald Reagan Park Adult Semi-Private Lessons-All Levels 4 Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for Summer 2021. Get 2 on 1 instruc- tion with a Tennis Anyone coach. These classes will be 1-2 days per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multi- family or multi-session discount SUMMER 2021: MAY 22-SEPTEMBER 3 4.9.b Packet Pg. 150 70% NONE 1-day $179 + $10 Administrative Fee $10 Class Fee $189 20% off Multi-Day Registration February 10, 2021 $10.00 4.9.b Packet Pg. 151 May 31 Jun 5 MTWThF 9am-Noon 7-14 Jun 14 Jun 18 “ Material Fee (detailed description on reverse side): NONE Class Minimum: 6 Class Maximum: 12 total Special equipment needed by instructor: NA Students Should Supply: Tennis Racket 1-week $239 + $10 Administra- tive Fee $10 Class Fee $249 Tennis Anyone 15670 Portenza Dr. Fontana CA, 92336 909-625-2060 / Questions@TennisAnyone.info www.TennisAnyone.info Office use only: CoachBill.Tennispro@gmail.com (909) 625-2060 Public Usage Ok 909 695-5130 rec use only Class Title Number of Weeks: Class Description Class Location Dates Classes not held because of Holiday or Vacation: Ronald Reagan Park Famous Summer Tennis Camp-All Levels 1 x 2 Come join us for our famous annual Junior Summer Tennis Camps. Kids ages 7-14 of all ability levels will absolute- ly love our one of a kind tennis camps. Camp size will be limited and USTA Safe Play rules for tennis during Covid will be used. SUMMER 2021: MAY 22-SEPTEMBER 3 4.9.b Packet Pg. 152 70% NONE 1-day $239 + $10 Administrative Fee $10 Class Fee $249 February 10, 2021 $10.00 4.9.b Packet Pg. 153 Page: 1 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2111-1 Famous Summer Tennis Camp Class Dates: 05/31/2021 - 06/04/2021 Class Times: 9:00 am - 12:00 pm Meeting Day: M-F Instructor: Resident Fee: $249 Non Resident Fee: $254 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Come join us for our famous annual Junior Summer Tennis Camp. Kids ages 7-14 of all ability levels will absolutely love our one of a kind tennis camps. Camp size will be limited and USTA Safe Play rules for tennis during COVID will be used. 2111-2 Famous Summer Tennis Camp Class Dates: 06/14/2021 - 06/18/2021 Class Times: 9:00 am - 12:00 pm Meeting Day: M-F Instructor: Resident Fee: $249 Non Resident Fee: $254 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Come join us for our famous annual Junior Summer Tennis Camp. Kids ages 7-14 of all ability levels will absolutely love our one of a kind tennis camps. Camp size will be limited and USTA Safe Play rules for tennis during COVID will be used. 2199-1 Pee Wee Jr. Semi-Private Tennis (Tu)Class Dates: 05/25/2021 - 06/15/2021 Class Times: 4:45 pm - 5:30 pm Meeting Day: Tu Instructor: Resident Fee: $179 Non Resident Fee: $184 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies 4.9.b Packet Pg. 154 Page: 2 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2199-2 Pee Wee Jr. Semi-Private Tennis (Tu)Class Dates: 06/22/2021 - 07/13/2021 Class Times: 4:45 pm - 5:30 pm Meeting Day: Tu Instructor: Resident Fee: $179 Non Resident Fee: $184 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2199-3 Pee Wee Jr. Semi-Private Tennis (Tu)Class Dates: 07/20/2021 - 08/10/2021 Class Times: 4:45 pm - 5:30 pm Meeting Day: Tu Instructor: Resident Fee: $179 Non Resident Fee: $184 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 155 Page: 3 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2199-4 Pee Wee Jr. Semi-Private Tennis (Tu)Class Dates: 08/17/2021 - 09/07/2021 Class Times: 4:45 pm - 5:30 pm Meeting Day: Tu Instructor: Resident Fee: $179 Non Resident Fee: $184 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2200-1 Pee Wee Jr. Semi-Private Tennis (Thur)Class Dates: 05/27/2021 - 06/17/2021 Class Times: 4:45 pm - 5:30 pm Meeting Day: Th Instructor: Resident Fee: $179 Non Resident Fee: $184 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 156 Page: 4 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2200-2 Pee Wee Jr. Semi-Private Tennis (Thur)Class Dates: 06/24/2021 - 07/15/2021 Class Times: 4:45 pm - 5:30 pm Meeting Day: Th Instructor: Resident Fee: $179 Non Resident Fee: $184 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2200-3 Pee Wee Jr. Semi-Private Tennis (Thur)Class Dates: 07/22/2021 - 08/12/2021 Class Times: 4:45 pm - 5:30 pm Meeting Day: Th Instructor: Resident Fee: $179 Non Resident Fee: $184 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 157 Page: 5 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2200-4 Pee Wee Jr. Semi-Private Tennis (Thur)Class Dates: 08/19/2021 - 09/09/2021 Class Times: 4:45 pm - 5:30 pm Meeting Day: Th Instructor: Resident Fee: $179 Non Resident Fee: $184 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2201-1 Beg/Int Jr Semi Private Tennis (Tu)Class Dates: 05/25/2021 - 06/15/2021 Class Times: 5:30 pm - 6:30 pm Meeting Day: Tu Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 158 Page: 6 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2201-2 Beg/Int Jr Semi Private Tennis (Tu)Class Dates: 06/22/2021 - 07/13/2021 Class Times: 5:30 pm - 6:30 pm Meeting Day: Tu Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2201-3 Beg/Int Jr Semi Private Tennis (Tu)Class Dates: 07/20/2021 - 08/10/2021 Class Times: 5:30 pm - 6:30 pm Meeting Day: Tu Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 159 Page: 7 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2201-4 Beg/Int Jr Semi Private Tennis (Tu)Class Dates: 08/17/2021 - 09/07/2021 Class Times: 5:30 pm - 6:30 pm Meeting Day: Tu Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2202-1 Beg/Int Jr Semi Private Tennis (Weds)Class Dates: 05/26/2021 - 06/16/2021 Class Times: 5:30 pm - 6:30 pm Meeting Day: W Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 160 Page: 8 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2202-2 Beg/Int Jr Semi Private Tennis (Weds)Class Dates: 06/23/2021 - 07/14/2021 Class Times: 5:30 pm - 6:30 pm Meeting Day: W Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2202-3 Beg/Int Jr Semi Private Tennis (Weds)Class Dates: 07/21/2021 - 08/11/2021 Class Times: 5:30 pm - 6:30 pm Meeting Day: W Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 161 Page: 9 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2202-4 Beg/Int Jr Semi Private Tennis (Weds)Class Dates: 08/18/2021 - 09/08/2021 Class Times: 5:30 pm - 6:30 pm Meeting Day: W Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2203-1 Beg/Int Jr Semi Private Tennis (Th)Class Dates: 05/27/2021 - 06/17/2021 Class Times: 5:30 pm - 6:30 pm Meeting Day: Th Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 162 Page: 10 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2203-2 Beg/Int Jr Semi Private Tennis (Th)Class Dates: 06/24/2021 - 07/15/2021 Class Times: 5:30 pm - 6:30 pm Meeting Day: Th Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2203-3 Beg/Int Jr Semi Private Tennis (Th)Class Dates: 07/22/2021 - 08/12/2021 Class Times: 5:30 pm - 6:30 pm Meeting Day: Th Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 163 Page: 11 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2203-4 Beg/Int Jr Semi Private Tennis (Th)Class Dates: 08/19/2021 - 09/09/2021 Class Times: 5:30 pm - 6:30 pm Meeting Day: Th Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2204-1 Int/Advanced Jr Semi Private Tennis (Tu)Class Dates: 05/25/2021 - 06/15/2021 Class Times: 6:30 pm - 7:30 pm Meeting Day: Tu Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 164 Page: 12 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2204-2 Int/Advanced Jr Semi Private Tennis (Tu)Class Dates: 06/22/2021 - 07/13/2021 Class Times: 6:30 pm - 7:30 pm Meeting Day: Tu Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2204-3 Int/Advanced Jr Semi Private Tennis (Tu)Class Dates: 07/20/2021 - 08/10/2021 Class Times: 6:30 pm - 7:30 pm Meeting Day: Tu Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 165 Page: 13 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2204-4 Int/Advanced Jr Semi Private Tennis (Tu)Class Dates: 08/17/2021 - 09/07/2021 Class Times: 6:30 pm - 7:30 pm Meeting Day: Tu Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2205-1 Int/Advanced Jr Semi Private Tennis (Weds)Class Dates: 05/26/2021 - 06/16/2021 Class Times: 6:30 pm - 7:30 pm Meeting Day: W Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 166 Page: 14 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2205-2 Int/Advanced Jr Semi Private Tennis (Weds)Class Dates: 06/23/2021 - 07/14/2021 Class Times: 6:30 pm - 7:30 pm Meeting Day: W Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2205-3 Int/Advanced Jr Semi Private Tennis (Weds)Class Dates: 07/21/2021 - 08/11/2021 Class Times: 6:30 pm - 7:30 pm Meeting Day: W Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 167 Page: 15 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2205-4 Int/Advanced Jr Semi Private Tennis (Weds)Class Dates: 08/18/2021 - 09/08/2021 Class Times: 6:30 pm - 7:30 pm Meeting Day: W Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2206-2 Int/Advanced Jr Semi Private Tennis (Th)Class Dates: 06/24/2021 - 07/15/2021 Class Times: 6:30 pm - 7:30 pm Meeting Day: Th Instructor: Resident Fee: $105 Non Resident Fee: $110 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 168 Page: 16 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2206-3 Int/Advanced Jr Semi Private Tennis (Th)Class Dates: 07/22/2021 - 08/12/2021 Class Times: 6:30 pm - 7:30 pm Meeting Day: Th Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2206-4 Int/Advanced Jr Semi Private Tennis (Th)Class Dates: 08/19/2021 - 09/09/2021 Class Times: 6:30 pm - 7:30 pm Meeting Day: Th Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 169 Page: 17 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2207-1 Int/Advanced Jr Semi Private Tennis (Tu)Class Dates: 05/25/2021 - 06/15/2021 Class Times: 7:30 pm - 8:30 pm Meeting Day: Tu Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2207-2 Int/Advanced Jr Semi Private Tennis (Tu)Class Dates: 06/22/2021 - 07/13/2021 Class Times: 7:30 pm - 8:30 pm Meeting Day: Tu Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 170 Page: 18 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2207-3 Int/Advanced Jr Semi Private Tennis (Tu)Class Dates: 07/20/2021 - 08/10/2021 Class Times: 7:30 pm - 8:30 pm Meeting Day: Tu Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2207-4 Int/Advanced Jr Semi Private Tennis (Tu)Class Dates: 08/17/2021 - 09/07/2021 Class Times: 7:30 pm - 8:30 pm Meeting Day: Tu Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 171 Page: 19 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2208-1 Int/Advanced Jr Semi Private Tennis (Th)Class Dates: 05/27/2021 - 06/17/2021 Class Times: 7:30 pm - 8:30 pm Meeting Day: Th Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2208-2 Int/Advanced Jr Semi Private Tennis (Th)Class Dates: 06/24/2021 - 07/15/2021 Class Times: 7:30 pm - 8:30 pm Meeting Day: Th Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 172 Page: 20 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2208-3 Int/Advanced Jr Semi Private Tennis (Th)Class Dates: 07/22/2021 - 08/12/2021 Class Times: 7:30 pm - 8:30 pm Meeting Day: Th Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2208-4 Int/Advanced Jr Semi Private Tennis (Th)Class Dates: 08/19/2021 - 09/09/2021 Class Times: 7:30 pm - 8:30 pm Meeting Day: Th Instructor: Resident Fee: $199 Non Resident Fee: $204 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 173 Page: 21 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2209-1 Adult Semi Private Tennis (Weds)Class Dates: 05/26/2021 - 06/16/2021 Class Times: 7:30 pm - 8:30 pm Meeting Day: W Instructor: Resident Fee: $189 Non Resident Fee: $194 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2209-2 Adult Semi Private Tennis (Weds)Class Dates: 06/23/2021 - 07/14/2021 Class Times: 7:30 pm - 8:30 pm Meeting Day: W Instructor: Resident Fee: $189 Non Resident Fee: $194 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 174 Page: 22 of 23 VSI - Brochure Generator Report Activity/Section Activity Description Section Details 2209-3 Adult Semi Private Tennis (Weds)Class Dates: 07/21/2021 - 08/11/2021 Class Times: 7:30 pm - 8:30 pm Meeting Day: W Instructor: Resident Fee: $189 Non Resident Fee: $194 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 2209-4 Adult Semi Private Tennis (Weds)Class Dates: 08/18/2021 - 09/08/2021 Class Times: 7:30 pm - 8:30 pm Meeting Day: W Instructor: Resident Fee: $189 Non Resident Fee: $194 Misc Fee: $HH N/A Registration Dates: GUI:Open WEB:Open Facility: Ronald Reagan Tennis Court 1Location: Ronald Reagan Park ACTIVITY CODED COMMENTS: Request for refund must be made prior to the start of the second schedule class of the session. Requests for refund for one or two-week workshops must be made prior to the first class meeting. All requests must be submitted to the Parks and Recreation Department and will be accessed a $15 processing fee. BROCHURE CODED COMMENTS: Calling all tennis enthusiast! Tennis Anyone will be offering semi-private tennis lessons for the Winter & Spring 2021. Get 2 on 1 instruction with a Tennis Anyone coach. These classes will be once per week with 2 students per instructor per court. Space is limited. No make-up classes. Please adhere to tennis court rules and policies. Masks must be worn at all times unless playing. Registration will stop the day prior to the class beginning. Register early! A 20% Discount for multi-day registration! Discount applies automatically at checkout only when an individual is registered for multiple days within the same session. No multifamily or multi-session discounts. 4.9.b Packet Pg. 175 Page: 23 of 23 VSI - Brochure Generator Report SELECTION CRITERIA GENERIC REPORT CRITERIA Output Group:Setup Output Template:VSI - Brochure Generator Report Output Type:Detail Preview Report:yes PDF:Yes Print Selection Criteria:Yes REPORT SPECIFIC CRITERIA Instructors:Tennis Anyone Archived:No Section Status:Active Begin Section Date:05/20/2021 - Actual Date|05/20/2021 Begin Activity Section:2000-1 End Activity Section:2300_5 End Section Date:08/30/2021 - Actual Date|08/30/2021 Print Option:AL Sort Option:A Print Description:Yes Print Facility:Yes Print Brochure Comments:Yes Print Late Fees:No Print Registration Comments:Yes Print Gender/Age/Grade:No Print Activity/Section:Yes Print Meeting Dates/Times:Yes Print Fees:Yes Print Primary Instructor:Yes Print SkipDates/Holidays:Yes Print Registration End Dates:Yes Show Individual Fees:No 4.9.b Packet Pg. 176 4.9.b Packet Pg. 177 Agenda #: 4.10 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ABSOLUTE INTERNATIONAL SECURITY INC. FOR PRIVATE SECURITY THROUGH JUNE 30, 2022. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the Second Amendment to the Professional Services Agreement with Absolute International Security . FINANCIAL IMPACT: The not-to-exceed amount for Fiscal Year 2021-22 would total $15,300. Sufficient funds are included in the Fiscal Year 2021-22 Parks and Recreation budget to cover the cost of such services. All security costs for private rentals at the city facilities are passed on to the rental applicant. BACKGROUND: Absolute International Security, Inc. (AIS) was awarded the Agreement for private Security Services on July 17, 2019 through the City’s Request for Proposal process. AIS provides quality security services for rental events at the Diamond B ar Center, Heritage Community Center, Special Events and various security request needs such as parking lot patrol and facility security on July 4th. The original agreement was created July 17, 2019 in the amount of $70,000 and expired on June 30, 2020. Consistent with Section 2 of the Original Agreement, Term of the Agreement, the City Council has the option to extend the Agreement for up to three (3), one (1)-year additional terms. This is the second one-year extension. The first amendment was created in the amount of $58,300 and expires on June 30, 2021. The Parks and Recreation Department requests to extend the service agreement for Fiscal Year 2021-2022 based on satisfactory service. This second amendment request 4.10 Packet Pg. 178 is for $15,300; therefore, the total not to exceed amount would be $143,600. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.10.a 2nd Amendment - Absolute International Security Inc. 4.10 Packet Pg. 179 SECOND AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT FOR SECURITY SERVICES This Second Amendment to Consultant Services Agreement (“Second Amendment”) is made and entered into as of June 8, 2021 by and between the City of Diamond Bar, a municipal corporation (“City”), and Absolute International Security, Inc. (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of July 17, 2019, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant entered into that certain First Amendment dated as of June 16, 2020 which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as the "Agreement"); C. The City and the Consultant desire to amend the Agreement as provided herein. NOW, THEREFORE, the parties agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement and First Amendment, is hereby amended, modified and supplemented to include the services described in Exhibit "A" attached hereto and incorporated herein by this reference. The unarmed security guard hourly rate increased from $26.00 to $27.00 per officer. The discounted holiday/overtime hourly rate increased from $39.00 to $40.50 per officer. 3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 17, 2019 to June 30, 2020. The First Amendment extended the Term up to and including June 30, 2021. This Second Amendment shall extend the Term up to and including June 30, 2022. 4 Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of seventy thousand Dollars ($70,000.00). The First Amendment increased the not-to-exceed amount by fifty-eight thousand three hundred Dollars ($58,300.00). The total not-to-exceed compensation of the Agreement is hereby amended to provide for an increase of fifteen thousand three hundred Dollars ($15,300.00) so that the total not-to-exceed compensation, as amended by this Second Amendment shall not 1450782.1 4.10.a Packet Pg. 180 for 4.10.a Packet Pg. 181 EXHIBIT A REQUEST FOR PROPOSALS FOR CITY OF DIAMOND BAR PRIVATE SECURITY SERVICES FOR EVENTS COST PROPOSAL AMENDMENT To: City of Diamond Bar ATTN: Ms. Crystal Knox Recreation Supervisor From: Absolute International Security 4255 Tyler Avenue, El Monte, CA 91731 Tel: (626) 858-7188 Fax: (626) 858-2882 Lucy Lin, President/QM llin@absolutesecurityintl.com June 1st, 2021 4.10.a Packet Pg. 182 EXHIBIT A SERVICE FEE Unarmed Security Officer Rates: (Valid from 07/01/2021 – 06/30/2022) Unarmed Security Guard Hourly Rate: $27.00/hour per officer Discounted Holiday/Overtime Rates: $40.50/hour per officer Notes: 1. The rates increase due to California State Minimum Wage mandatory increase from $13.00/hour to $14.00/hour effective on Jan 1, 2021. This increase is in direct related to our labor cost, taxes, insurance premium and benefits and indirect cost to our operations and overhead cost. 2. The rate remains valid until contract year ends. 3. Four (4) hours minimum for each assignment. 4. AIS applies six (6) holidays: Labor Day, Thanksgiving Day, Christmas Day, New Year’s Day, Memorial Day, Independence Day. 5. All rates are acknowledged to be fully burdened to include all direct cost, indirect cost, overhead, profit, and shall remain fixed. 4.10.a Packet Pg. 183 Agenda #: 4.11 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AMENDMENTS TO THE CONSULTING SERVICES AGREEMENTS WITH (1.) PENCO ENGINEERING (A CANNON COMPANY) AND (2.) HR GREEN PACIFIC FOR ON-CALL CIVIL ENGINEERING SERVICES, (3.) TAIT AND ASSOCIATES FOR ON-CALL CIVIL ENGINEERING AND ARCHITECTURAL SERVICES, AND (4.) JOHN L HUNTER AND ASSOCIATES FOR MUNICIPAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROFESSIONAL SERVICES, EXTENDING THE TERM TO JUNE 30, 2023. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: A. Approve, and authorize the Mayor to sign, Amendment No. 1 to the Consulting Services Agreement with Penco Engineering (A Cannon Company) (Penco), for a not-to-exceed annual amount of $91,000; B. Approve, and authorize the Mayor to sign, Amendment No. 2 to the Consulting Services Agreement with HR Green Pacific (HR Green), for a not -to-exceed annual amount of $91,000; C. Approve, and authorize the Mayor to sign, Amendment No. 1 to t he Consulting Services Agreement with Tait and Associates (Tait), for a not-to-exceed annual amount of $67,000; and D. Approve, and authorize the Mayor to sign, Amendment No. 2 to the Consulting Services Agreement with John L Hunter and Associates (JLH), for a not-to-exceed annual amount of $71,460. FINANCIAL IMPACT: The Fiscal Year 2021-2022 Public Works Operating Budget includes $15,000 for on call civil engineering services by Penco and HR Green, and $15,000 for on -call architectural 4.11 Packet Pg. 184 services by Tait that the City may require on an as-needed basis. It also includes $24,600 for routine consultant NPDES compliance services by JLH generally required annually. For private land development related projects requiring engineering services, funding will be provided through separate developer fees paid by the applicant prior to the plan/report review stage. The operating budget includes $50,000 for Fiscal Year 2021 - 2022 for plan check and inspection services funded by developer fee revenue. The majority of the City’s NPDES compliance services are funded through Measure W Special Revenue funds. The Fiscal Year 2021-2022 Budget includes $36,860 of Measure W funds for routine consultant NPDES compliance services required annually. Standardized fees cannot be collected for more complex development projects such as multi-family tracts, subdivisions, and commercial center developments requiring engineering, architectural, or NPDES review/inspection services. Instead, developer deposits are paid by the applicant which are not reflected in the operating budget. A sufficient annual not-to-exceed amount has been established for each consultant to provide routine services as well as complex development project services. BACKGROUND: To supplement the City’s professional capabilities, civil engineering and architectural services have been utilized by the City on an as-needed basis to ensure efficiency in Public Works Department functions such as land development project processing, Capital Improvement Program (CIP) development, design, construction, operation/maintenance of critical roadway, sewer, and storm drain infrastructure, and operation/maintenance of public facilities such as parks, the Diamond Bar Center, Heritage and Pantera Park community buildings, and the Diamo nd Bar Civic Center building housing City Hall and County Library. Penco, HR Green, and Tait have successfully provided these services and represented the City professionally during their time as on-call consultants. On November 8, 2012 the California Regional Water Quality Control Board, adopted the Municipal Separate Storm Sewer System (MS4) Permit (Order No. R4 -2012-0175). The City is a permittee under the permit issued by the Board, which establishes requirements for MS4 discharges within the coastal watersheds of Los Angeles County, except discharges originating from the City of Long Beach. Given the required effort to ensure compliance with the MS4 permit, it is of critical importance that the City has a consultant that can actively participate and re present the City while ensuring that the City remains in compliance with the regulations through various tasks. JLH provides NPDES compliance services to several other neighboring cities within our watershed. They also provide plan check and inspection services for public and private projects which require NPDES construction Best Management Practices (BMPs). JLH has successfully provided these services and maintained the City’s compliance with the MS4 permit during their time as on-call consultants. On October 18, 2018, the City Council entered into a three (3)-year contract with Penco, HR Green, and Tait to provide on-call services. On July 1, 2018, the City Council also 4.11 Packet Pg. 185 entered into a three (3)-year contract with JLH to provide NPDES professional services. On August 31, 2020, the City Council entered into the First Amendment to the contract with HR Green and JLH to clarify the annual compensation language under section 3. The term of these agreements with Penco, HR Green, Tait, and JLH expires on June 30, 2021, with the option to extend by two (2) additional years upon mutual consent. ANALYSIS: For the scope of services required for Public Works services to the City, it is critical to retain a full range of professional capabilities with consulting firms that are able to meet and address the City’s vision and goals when serving the community and maintaining critical infrastructure. In order to provide timely and responsive review of development projects and complete other as-needed civil engineering and architectural services, it is beneficial to maintain and retain Penco, HR Green, and Tait for two (2) additional years. Given the required effort to ensure compliance with the MS4 permit, it is of critical importance that the City has a consultant that ca n actively participate in required regional watershed group meetings and represent the City while ensuring that the City remains in compliance with the regulations through various tasks. It is beneficial to maintain JLH for two (2) additional years in order to maintain the City’s NPDES compliance with the MS4 permit. The not-to-exceed amounts of $91,000 for Penco and HR Green, $67,000 for Tait, and $71,460 for JLH allow the firms to provide their routine on -call services while taking into account services needed for larger commercial development projects that are currently underway or may be submitted in future years. Each consultant has indicated their intention and commitment to meet all of the terms and conditions of the original agreement, and expresse s their desire to continue providing services to the City for the two (2)-year extension period. Compensation will be in accordance with the hourly rates shown in the consultant’s fee schedules, attached as Exhibit A in each Amendment to the Consultant Ser vices Agreement (attached). Penco, HR Green and JLH have requested a rate increase in accordance with Section 2 of the original Consultant Services Agreement, which allows for a compensation increase not to exceed the Consumer Price Index (CPI) increase over the same period. Staff recommends extending the four (4) on -call agreements for an additional two (2) years. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreements as to form. PREPARED BY: 4.11 Packet Pg. 186 REVIEWED BY: Attachments: 1. 4.11.a Penco-Cannon Amendment No 1 2. 4.11.b HR Green Amendment No 2 3. 4.11.c Tait Amendment No 1 4. 4.11.d John L Hunter Amendment No 2 4.11 Packet Pg. 187 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of June 15 , 2021 , by and between the City of Diamond Bar, a municipal corporation (“City”), and Penco Engineering (a Cannon Company), Inc., a California Corporation (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of October 16, 2018, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Term of Agreement. This First Amendment shall take effect July 1, 2021, and shall continue until June 30, 2023 unless earlier terminated pursuant to the provisions in the Original Agreement. 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 the attached Exhibit A. 4. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. 4.11.a Packet Pg. 188 IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. “CONSULTANT” “CITY” Penco Engineering (a Cannon Company), Inc. CITY OF DIAMOND BAR By: By: Printed Name: Nancy Lyons, Mayor Title: ATTEST: Kristina Santana, City Clerk APPROVED AS TO FORM: David A. DeBerry, City Attorney 4.11.a Packet Pg. 189 FEE SCHEDULE Effective 7/1/2021 Personnel Hourly Rate Principal $235.00 – $256.00 Engineering Manager $215.00 – $235.00 Survey Manager $215.00 – $235.00 Senior Project Manager $205.00 – $225.00 Project Manager (General Engineering Services) $184.00 – $200.00 Senior Project Engineer $174.00 – $189.00 Project Engineer $159.00 – $174.00 Senior Design Engineer $154.00 – $169.00 Design Engineer $138.00 – $154.00 Associate Engineer $108.00 – $118.00 Project Assistant $97.00 – $108.00 Processor $97.00 – $108.00 Senior Project Surveyor $164.00 – $179.00 Project Surveyor $138.00 – $154.00 Senior Survey Technician $123.00 – $133.00 Survey Technician $97.00 – $108.00 2-Man Survey Crew $235.00 – $256.00 2-Man Survey Crew Prevailing Wage $286.00 – $312.00 1-Man Survey Crew $179.00 – $195.00 Project Manager (Land Development Services) $194.00 – $215.00 Senior Plan Check Engineer $154.00 – $184.00 Plan Check Engineer $133.00 – $154.00 All of the above hourly rates include all direct labor costs and labor overhead, general and administrative expenses and profit. All direct expenses, such as special equipment, shipping costs, travel other than by automobile, parking expenses, and permit fees wi ll be billed at the actual cost plus 15%. If the client requests, or the client’s schedule requires work to be done on an overtime basis, a multi plier of 1.5 will be applied to the stated rates for weekdays for daily hours in excess of 8 as well as weekends and a multiplier of 2.0 for daily hours in excess of 12 and holidays. If the client requests field services to be provided outside of normal working hours (between 6:00 p.m. and 6:00 a.m.), a multiplier of 1.5 will be applied to the stated rates. For prevailing wage projects, if the client requests field services to be provided on any given Sunday, a multiplier of 2.0 will be applied to the stated rates and on or around an observed holiday, other rates may be appl ied. Survey Crews and Automation Field staff are billed portal to portal, and mileage charges are included in the hourly rate. A minimum charge of 4 hours will be charged for any Automation Field Service calls outside of normal working hours (between 6:00 p.m. and 6:00 a.m.). The stated rates are subject to change, typically on an annual basis. Other Direct Charges Black Line Plots $2.00 per page Outside Reproduction Cost + 15% Automation & Electrical Materials Cost + 10% (+tax) Subconsultant Fees Cost + 10% Color Plots $5.00 per page Travel and Related Subsistence Cost + 15% Standard Mileage Rate IRS Rate per mile Airplane Mileage Rate GSA Rate per mile 4.11.a Packet Pg. 190 is made and entered into as of June 15 , 2021 , by and between the City of Diamond Bar, a 4.11.b Packet Pg. 191 4.11.b Packet Pg. 192 P a g e | 1 of 1 HR Green Pacific, Inc. 2021 Fee Schedule Personnel Classification Hourly Billing Rate Prevailing Wage Rate Principal-in-Charge/Program Manager $220-300 Project Manager $185-220 QA/QC Manager $180-200 Civil Plan Check Manager $180-225 Senior Professional/Project Engineer $170-220 Traffic Engineer $180-220 Professional Engineer $155-190 Associate Engineer $140-175 Assistant Engineer $120-155 Environmental Associate (NPDES) $130-175 Senior Civil Plan Checker $170-200 Civil Plan Checker $145-185 Map Checker $150-200 Public Works Technician $100-130 Transportation Manager $160-200 Transportation Planner $130-180 Senior Design Engineer $165-220 CAD Designer/Operator $140-180 CASp Reviewer/Inspector $135-175 Building and Safety Official $175-210 Deputy Building Official $150-185 Senior Building Plan Check Engineer $125-160 Building Plan Check Engineer $130-155 Senior Building Plan Checker $115-145 Building Plan Checker $ 95-135 Senior Building Inspector $115-150 Building Inspector (Combination) $100-140 Code Enforcement Supervisor $100-140 Code Enforcement Officer $ 90-135 Management Analyst $125-155 Permit Technician $ 85-115 Construction Manager $155-210 Senior Construction/Public Works Inspector $120-160 $180-220 Construction/Public Works Inspector $ 95-155 $149-195 Administrative Assistant $ 75-100 4.11.b Packet Pg. 193 is made and entered into as of June 15 , 2021 , by and between the City of Diamond Bar, a 4.11.c Packet Pg. 194 4.11.c Packet Pg. 195 Employee Classification Hourly Rate 06 - EngineeringlArchitect Ass€slant.............................................................................................. 70,00 18 - Project Administrator,...,-.. ...... ........................... .... __ . .......................... _ .......................... 90.00 04 - Designer I................................................................................................................................110.00 10 - Designer II ............ ........................ ......... .................. ....... .............. ....................... 135.00 03 - Project Engineer l Project Architect ! Senior Environmental Scientist.,.... .... ........................ 155-00 02 - Project Manager 1 Licensed Surveyor....................................................................................'180,00 17 - Senior Project Manager / Senior Surveyor 1 Senior Architect ................................................200.00 01 - Principal...................................................................................................................................210.00 11 - Permit Specialist 1 Environmental Scientist I 1 CADD Technician..........................................100.00 09 - Research Analyst 1 Load -Asbestos Technician l Environmental Scientist 11 ..........................110.00 07 - Field Surveyor......................................................................................................................... 90.00 O8 - Field Surveyor Party Chief_ .. . ................... ......... ...... ............ .......... .......................... 125.00 00 - Two man survey crew.............................................................................................................310.00" 22 - One Man Survey Crew with Robotics.....................................................................................200.00" 00 - Three Man Survey Crew.........................................................................................................400.00" The hourly rate for client authorized overtime and for representation at hearings and meetings after 6:00 p.m. will be invoiced at 1.5 times the posted rate. The above rates are inclusive of phone charges, fax charges, software and licensing fees, and photocopying charges, Survey hourly rates based on Prevailing Wage Rates as of the date of this proposal. These hourly rates are subject to change based on current Prevailing Wage Rates established at the time the services are required. Z Mileage, Travel and Per Diem Auto Mileage: IRS Rate plus 15 percent Air Travel and Auto Rental: Actual cost plus 15 percent Per Diem: Actual cost of lodging and meals, plus 15 percent 3, Materials and Supplies Office and CADD supplies are Included in the hourly rates. Prints, plots and reproductions are charged al cost plus 15 percent from commercial blueprint companies. in-house reproduction charges are as follows: Prints Plots Color Plots Bond $ .951s,f. $.951sJ, $6.0015.1, Vellum 1,3510. 1.651s.f. 7.501s.f. 4. Reimbursable Expenses Will be billed at cost plus 15 percent, Client w€11 pay directly for all permit and agency fees: otherwise cost plus 15%. Subconsultanl Invoices will be trilled at cost Pius 15%. 5. Insurance Coverage General Liability: $5,000,000 Errors/Omissions: $1,000,000 California Workers' Compensation • Statutory Certificates of Insurance coverage w€11 be provided upon request. Waivers of Subrogation (if required) will be billed as a 2% surcharge on all Invoices. Special endorsements will be billed to the client at cost plus 15% on the first project. INTEREST OF 1.112 PERCENT PER MONTH WILL BE CHARGED ON ALL PAST DUE ACCOUNTS. Fees57 TA.I.T..,,.... Page 113 4.11.c Packet Pg. 196 SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT This Second Amendment to Consultant Services Agreement (“Second Amendment”) is made and entered into as of June 15 , 2021 , by and between the City of Diamond Bar, a municipal corporation (“City”), and John L. Hunter and Associates, Inc., a California Corporation (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 19 2018, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant entered into that First Amendment to Consultant Services Agreement dated as August 31, 2020, which is incorporated herein by this reference (the “First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as the “Agreement”); C. The City and the Consultant desire to amend the Agreement to modify, amend and supplement certain portions of the Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Term of Agreement. This Second Amendment shall take effect July 1, 2021, and shall continue until June 30, 2023 unless earlier terminated pursuant to the provisions in the Original Agreement. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth or as referenced in Exhibit A. 4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. 4.11.d Packet Pg. 197 IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first above written. "CONSULTANT" John L. Hunter and Associates, Inc. ~;;~~ ~ &~t eL Title. p,-.,e s;,d e....c. r "CITY" CITY OF DIAMOND BAR By: -------------Nancy Lyons , Mayor ATTEST: Kristina Santana , City Clerk APPROVED AS TO FORM: David A. DeBerry , City Attorney 4.11.d Packet Pg. 198 1. JLHA Rate Schedule Principal $192 / hour Director $172 / hour Staff Engineer $172 / hour Project Manager $161 / hour Assistant Project Manager $151 / hour Project Engineer $151 / hour Compliance Specialist II $120 / hour Project Analyst II $120 / hour Industrial/commercial facility inspection $120 / unit Compliance Specialist I $100 / hour Project Analyst I $100 / hour Administrative Assistant, Laborer (OSHA 40hr certified) $68 / hour State Certified Laboratory Analysis Cost + 5% Legal Consultation, Court Appearances/Document review, etc. $250 / hour Subcontracted equipment Cost + 5% 4.11.d Packet Pg. 199 Agenda #: 4.12 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONSULTING SERVICES AGREEMENTS WITH (1.) WILLDAN ENGINEERING, (2.) NINYO & MOORE, AND (3.) LEIGHTON AND ASSOCIATES FOR ON-CALL GEOTECHNICAL ENGINEERING SERVICES THROUGH JUNE 30, 2024. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: A. Approve, and authorize the Mayor to sign, the Consulting Service Agreement for a period of three (3) years in an annual not -to-exceed amount of $60,000 with Willdan Engineering, Inc. for On-Call Geotechnical Engineering Services. B. Approve, and authorize the Mayor to sign, the Consulting Service Agreement for a period of three (3) years in an annual not-to-exceed amount of $60,000 with Ninyo & Moore, Inc. for On-Call Geotechnical Engineering Services. C. Approve, and authorize the Mayor to sign, the Consulting Service Agreement for a period of three (3) years in an annual not -to-exceed amount of $60,000 with Leighton and Associates, Inc. for On-Call Geotechnical Engineering Services. FINANCIAL IMPACT: The Fiscal Year 2021/22 Public Works Operating Budget includes $18,000 for as - needed geotechnical engineering professional services that will be divided equally among the three (3) firms. Each firm is being recommended for an annual authorization of $6,000 for as-needed services for the Public Works department. The remaining not-to-exceed annual amount of $54,000 for each firm is available for private land development related projects requiring engineering s ervices. Funding will be provided through separate developer fees/deposits paid by the applicant prior to the plan/report review stage. The remaining $54,000 is not allocated immediately, but is allocated on a project-by-project basis due to the dynamic nature of private 4.12 Packet Pg. 200 development activities. For subsequent fiscal years, the total annual contract amount for each consultant will be based on the approved City Council appropriations as part of the annual budget process. BACKGROUND: To supplement the City’s professional capabilities, geotechnical engineering services have been utilized by the City on an as-needed basis to ensure efficiency in Public Works Department functions such as land development project processing, Capital Improvement Program (CIP) development, design, material testing, Geotechnical reports review and inspection services. The current consultant service agreements for geotechnical engineering services are set to expire on June 30, 2021. There is a broad range of services within the geotechnical engineering industry such as: • Geotechnical and engineering geology report reviews • Preliminary design review • Soil sampling • Material testing • Land development plan check • Geology services • Construction support and inspection For the scope of services required for Public Works services to the City, it is beneficial to retain a full range of professional capabilities with these consulting firms that are able to meet and address the City’s vision and goals when serving the community and maintaining critical infrastructure. Additionally, retaining three (3) consultants enables the City to efficiently solicit the required three (3) quotes per the City of Diamond Bar Purchasing Ordinance prior to awarding work for certain public projects. ANALYSIS: On April 12, 2021 a Request for Proposals (RFP) was issued inviting qualified consultants to submit competitive bids for on -call geotechnical services on an as- needed basis as required for the solicitation of Professional Services by the City of Diamond Bar Purchasing Ordinance (Section 3.24.070). A total of eleven (11) proposals were received on April 27, 2021, from the following consulting firms: 1. Atlas 2. Converse 3. Fenagh 4. Geo Tek 5. GMU 6. Group Delta 7. Leighton and Associates (Leighton) 8. Ninyo & Moore 4.12 Packet Pg. 201 9. Professional Services 10. Tetra Tech 11. Willdan Engineering (Willdan) City staff independently reviewed each proposal and collaborated to determine the most qualified consultants using the following evaluation criteria: • Staff Qualifications • Firms Qualifications • Approach/Methodology • Level of Effort (Staffing commitment and time allocation) • Ability to meet City’s schedule and expectations • Relevant References (Record of performance) • Firm’s comments on the consulting service agreement The Public Works Department staff panel unanimously agreed that Willdan, Ninyo & Moore, and Leighton will best serve the needs of the Public Works Department as well as fully augment the City’s professional capabilities. Each of these consultants have previously worked for the City to successfully deliver projects and services. The consultants also possess a broad range of experience with other municipalities and agencies, bringing a diverse knowledge base of local and regional municipal work. Principal Geotechnical Engineers/Geologists are the most commonly utilized staff for the types of services typically required by the City of Diamond Bar. Field technicians can also be utilized for City projects as needed. The hourly rates of the 11 responding consultant’s Principal Geotechnical Engineer/Geologists range from $119/hour to $270/hour, and the Technicians from $60/hour to $140/hour. Willdan, Ninyo & Moore, and Leighton’s hourly rates were within the median range for both Principal Geotechnical Engineers/Geologists and Technicians: Consultant Principal (hourly) Technician (hourly) Willdan $210 $115 Ninyo & Moore $195 $108 Leighton $119 $99 LEGAL REVIEW: The City Attorney has reviewed and approved each agreement as to form. PREPARED BY: 4.12 Packet Pg. 202 REVIEWED BY: Attachments: 1. 4.12.a Willdan Consulting Services Agreement 2. 4.12.b Ninyo & Moore Consulting Services Agreement 3. 4.12.c Leighton Consulting Services Agreement 4.12 Packet Pg. 203 The City shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: 4.12.a Packet Pg. 204 4.12.a Packet Pg. 205 4.12.a Packet Pg. 206 4.12.a Packet Pg. 207 4.12.a Packet Pg. 208 4.12.a Packet Pg. 209 4.12.a Packet Pg. 210 4.12.a Packet Pg. 211 4.12.a Packet Pg. 212 Approved as to form: By:____ David A. DeBerry, City Attorney for4.12.aPacket Pg. 213 CITY OF DIAMOND BAR On-Call Geotechnical Engineering Services P roposal for April 26, 2021 4.12.a Packet Pg. 214 April 26, 2021 Mr. Fabian Aoun, P.E. Associate Engineer City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, CA 91765-4177 Subject: Proposal for on-Call Geotechnical Engineering Services Dear Mr. Aoun, Willdan Geotechnical, a division of Willdan Engineering, is pleased to submit this proposal to provide the City of Diamond Bar (City) for the requested professional soils and geotechnical engineering services. We understand that it is the City’s intent to retain multiple qualified engineering firms to provide the City with geotechnical engineering services and augment the City’s professional capabilities. Willdan has the resources, staff, and experience to meet the City’s needs, as we have satisfactorily performed similar services for the City since 2003. Our firm’s strengths include the following:  Strong Project Manager: Mr. Ross Khiabani has more than 40 years of experience providing professional geotechnical engineering, material testing and inspection services for a wide variety of projects including schools and colleges, commercial, industrial, ports and harbors, public works, and transportation for public and private agencies.  Unmatched Expertise: We have a team of seasoned, qualified and certified professionals to provide and successfully perform the requested services.  Full Service Testing Facilities: We maintain a full service soils and material testing laboratory in Anaheim close to the city of Diamond Bar. Our laboratory is certified and/or accredited by Division of State Architect (DSA), the City of Los Angeles, AASHTO Materials Reference Laboratory (AMRL), and Caltrans. We appreciate the opportunity to submit this proposal. Willdan Geotechnical has the right team with the right experience to provide the requested services to the City. We will be happy to further discuss our qualifications and proposal with you. If you have any questions, please contact Ross Khiabani at (714) 309- 9326/via email at rkhiabani@willdan.com, or Mohsen Rahimian at (818)577-3545/e-mail mrahimian@willdan.com . Respectfully submitted, WILLDAN GEOTECHNICAL Mohsen Rahimian, PE, GE Supervising Engineer 4.12.a Packet Pg. 215 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 2 A. Project Team Mr. Ross Khiabani, PE, GE, Senior Geotechnical Engineer, will serve as the Project Manager and Geotechnical Engineering Lead for Willdan’s geotechnical consultant services for the City’s projects. Mr. Khiabani is a licensed geotechnical engineer in California with more than 40 years of experience and has been a major contributor to all the projects listed in the References/Similar Projects section below. Mr. Khiabani has diversified geotechnical experience involving soil mechanics and foundation engineering, soil stabilization, landslide analysis and stabilization, settlement evaluations, liquefaction studies, temporary and permanent slope stability analyses, onshore and offshore exploration, laboratory testing, and construction support services. He has been an integral team member on a wide variety of projects ranging from commercial, industrial, residential, institutional, ports and harbors, public works, transportation including major bridges, local roads, freeways and toll roads and water and wastewater facilities. This broad base of experience has given him unique insight into local geotechnical and seismic conditions, and construction processes. Mr. Khiabani has managed projects with budgets ranging from $10,000 to over $1 million. He has reviewed many geotechnical engineering and geologic reports and provided consultations for several cities in Orange County. He has also managed geotechnical and material testing and inspection services during construction of many projects. Mr. Khiabani maintains close communication with local, city, county, and state reviewers and is extremely familiar with governing codes and requirements. Mr. Khiabani will be primarily supported by Mr. Mohsen Rahimian, PE, GE, who will serve as the Sr. Project Engineer, and Ms. Wendy Drummond, PG, CEG, as the Project Geologist. Mr. Rahimian has more than 30 years of experience providing geotechnical engineering and materials testing services. Ms. Drummond has over 25 years of experience in the field of engineering geology in the western United States. She has performed numerous detailed investigations of landslides, active and potentially active faults, as well as distress investigations and seismicity studies. This team is supported by additional professionals to fulfill the required services under this proposal. The resumes and certifications of the Willdan Geotechnical project team are provided in Appendix A of this proposal. Also, our Fee Schedule and Rates for all personnel and field and laboratory testing is included in Section F. Fee Schedule. 4.12.a Packet Pg. 216 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 3 B. Firm’s Background and Experience/References About Willdan Geotechnical Willdan Geotechnical is a division of Willdan Engineering, which in turn is a wholly-owned subsidiary of Willdan Group, Inc., a publicly traded California Corporation. Willdan’s s ervices are provided to nationwide clientele through three subsidiary firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – that offer a portfolio of diversified strengths. Throughout our history, Willdan has served as a full-service, multi-disciplinary firm specializing in municipal engineering, planning, construction management and inspection, and building safety services along with a full complement of support disciplines. Willdan has provided professional municipal consulting services to cities and counties since 1964. Willdan developed its geotechnical division in 1999, which became a separate corporate entity, Arroyo Geotechnical, in 2001 and was then renamed Willdan Geotechnical in 2009 to reflect the integrated nature of all of Willdan’s operating divisions. Willdan Geotechnical has a dedicated, full-time staff of geotechnical engineers, geologists, and field and laboratory technicians. We also have a pool of qualified independent construction specialty inspectors and technicians. Our staff has extensive experience throughout the Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties, and is particularly familiar with local geologic and geotechnical conditions in Orange County. Over the years, Willdan Geotechnical (Willdan) has successfully assisted our clients in completing projects in the areas of: Geotechnical Engineering  Subsurface exploration  Shallow and deep foundation  Settlement analysis  Slope stability evaluation  Earth retaining structures  Ground improvements and soil stabilization  Earthwork construction observation and testing  Earthquake Engineering  Dynamic soil behavior  Ground motion study  Seismic hazard evaluation and mitigation  Performance evaluation of slopes and retaining walls  Rehabilitation of exiting foundation Engineering Geology  Geologic mapping  Fault investigation  Landslide investigation and repair  Slope erosion investigation and stabilization  Dewatering analysis  Pump test assessment Material Testing and Inspection  Reinforced concrete  Pre-stressed concrete  Shotcrete/Gunite  Reinforced masonry  Structural steel welding  Fireproofing  Batch plant inspection Willdan Geotechnical maintains a full-service soils and material testing laboratory. Our laboratory is certified by the California Department of Transportation, Division of State Architect, the City of Los Angles and AASHTO Materials Reference Laboratory (AMRL). We also participate in the AASHTO Materials Reference Laboratory (AMRL), Cement and Concrete Reference Laboratory (CCRL), and Caltrans Proficiency Programs. Willdan's Anaheim location at 1515 South Sunkist Street in the City of Anaheim in Orange County is close to the City of Diamond Bar. Positioned 15 miles from the City Hall, Willdan's proximity and our past experience serving the City for over 15 years assures the City of Diamond Bar a local team that is familiar 4.12.a Packet Pg. 217 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 4 with Diamond Bar’s communities. These two factors enable Willdan to offer the City a responsive, locally knowledgeable team that can fulfill the needs of the City. References for Similar Projects Willdan has provided similar services for public agencies. These projects cover a range of services we expect to be called upon to provide to the City during the course of a contract arising out of this solicitation. A summary description of the selected similar projects along with the contact information for the client’s references are provided and we encourage the City to contact our references. On-Call Geotechnical Services Client: City of Calabasas Contact: Mr. Robert Yalda, Public Works Director, (818) 224-1670, ryalda@cityofcalabasas.com Mrs. Tatiana Holden, Associate Engineer, (818) 224-1674, tholden@cityofcalabasas.com Services Provided Land Development Services Dates: 2003 – Ongoing Willdan provides review of geotechnical and engineering geology reports and plans submitted by developer’s soils engineers and/or engineering geologist using City established policies and procedures and within City timeframes. Prepare review comments and conditions of approval. Review responses to review comments provided by the developer’s geotechnical consultant and work with developer’s soils engineer to resolve issues generated by review comments. Attend meetings with developers, builders, engineers, and consultants in a timely manner to resolve issues generated during the report review process or during construction. Review soils reports submitted by the developer’s geotechnical consultant for proposed changes during grading. Provide technical support to the City for geotechnical engineering and geologic related issues on an as-needed basis. Phil & Nell Soto Park Construction Client: City of Paramount Contact: Mr. Matt Pilarz, Senior Civil Engineer, (909) 620-3652, matt_pilarz@ci.pomona.ca.us Services Provided General Engineering Services Dates: Dec. 2018 – Aug. 2019 Willdan performed geotechnical and material special inspection and testing during the construction of the project. Our services included observation and testing of subgrade preparation and grading activities; inspection, sampling and testing of concrete and reinforcement; performing required laboratory testing of construction material; and providing quality control for the construction. University Drive Widening Client: City of Irvine Contact: Mr. Alex E. Salazar, CIP Administrator, (949) 724-7408, asalazar@cityofirvine.org Services Provided General Engineering Services Dates: Nov. 2018 – Nov. 2020 Willdan performed geotechnical and material special inspection and testing during the construction of the project. Our services include observation and testing of subgrade preparation and grading activities; inspection, sampling and testing of concrete and reinforcement; performing required laboratory testing of construction material; and providing quality control for the construction. 4.12.a Packet Pg. 218 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 5 Streets and Alleys Rehabilitation Project FY 2016-17 Client: City of Inglewood Contact: Mr. Hunter Nguyen, Associate Engineer, (310) 412-8768, hhunter@cityofinglewood.org Services Provided General Engineering Services Dates: May 2017 – Ongoing Through Willdan’s on call contract with the City, Willdan is currently providing construction observation and materials testing services for the resurfacing of 16 centerline miles of existing asphalt pavement roadway, application of slurry seal on 18 centerline miles of roadway, and reconstruction of 2 centerline miles of alleys. The project includes curb and gutter, sidewalks, ADA ramps, cross gutters, digouts, crack routing and filling, slurry seal, cold milling ARHM overlay, traffic detector loops, and pavement delineation for 83 street segments throughout the City. Joint City Pavement Rehabilitation Project FY 2017-18 Client: City of Westlake Village Contact: Mr. Philippe Eskandar, Deputy City Manager, (818) 706-1613, philippe@wlv.org Services Provided General Engineering Services Dates: March 2017 – Ongoing Through Willdan’s on call contract with the City of Westlake Village, Willdan prepared plans and specifications for the joint pavement rehabilitation project currently being advertised for bids by the Cities of Westlake Village and Agoura Hills. The cities combined annual street resurfacing projects to take advantage of cost savings realized by the economy of scale of bidding out one large project that encompasses work within both cities. The project is being administered by the City of Westlake Village and managed through a joint agreement between the two cities. Willdan will be responsible for construction management, inspection, and materials testing for the portion of work within the City of Westlake Village. This year’s project will include dugouts, tree root repairs, crack treatment, cold milling, AC overlay, ARHM overlay, profile milling, slurry seal, parking lot seal coats, utility adjustments, traffic detector loops, and pavement delineation. Work within Westlake Village includes improvements within First Neighborhood, Three Springs Neighborhood, Trunfio Canyon Road, and La Tienda. Twining Laboratories provided materials testing services for the project as a subconsultant to Willdan. 4.12.a Packet Pg. 219 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 6 C. Project Understanding To accomplish the Scope of Services and satisfy the requirements of the projects, we will adopt work plans described as follows. To accomplish the Scope of Services and satisfy the requirements of the projects, we will adopt work plans described as follows. 4.1. Land development Services We will perform the following tasks: 1. Review geotechnical and engineering geology reports and plans submitted by developer’s soils engineers and/or engineering geologist using City established policies and procedures and within City timeframes. This may include but not limited to preliminary reviews for projects prior to Planning Commission Approval/Entitlement issuance Phase for Subdivision or Commercial Property Projects and geotechnical reports, grading reports, and grading plans for private developments at permitting stages. 2. Prepare review comments and conditions of approval. 3. Review responses to review comments provided by the developer’s geotechnical consultant and work with developer’s soils engineer to resolve issues generated by review comments. 4. Attend meetings with developers, builders, engineers, and consultants in a timely manner to resolve issues generated during the report review process or during construction. Review soils reports submitted by the developer’s geotechnical consultant for proposed changes during grading. Provide technical support to the City for geotechnical engineering and geologic related issues on an as-needed basis. 5. Provide grading inspection services (within 48 hours of request) on an as-needed basis to ensure compliance with City approved plans and standards. Technical Approach: The reason that review services are necessary is to check the submittals for adequacy with respect to geotechnical and geologic conditions and to ensure all developments are in conformance with applicable City, State and Federal laws, comply with the governing codes, and are in conformance with City Design Manuals and City Standard Plans. As applicable, we will perform our work in general accordance with the following:  Most recently adopted Uniform Building Code and California Building Code  Seismic Hazards Mapping Act and Alquist-Priolo Earthquake Fault Zoning Act  California Geological Survey (CGS) Notes:  Note 41 - Guidelines for Reviewing Geologic Reports  Note 48 - Checklists for the Review of Geologic/Seismic Reports for California Public Schools, Hospitals, and Essential Services Buildings  Note 49 - Guidelines for Evaluating the Hazard of Surface Fault Rupture  California Division of Mines and Geology Special Publication 117, Guidelines for Evaluating and Mitigating Seismic Hazards in California  Southern California Earthquake Center, Recommended Procedures for Implementation of DMG Special Publication 117, Guidelines for Analyzing and Mitigating Liquefaction in California 4.12.a Packet Pg. 220 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 7  ASTM guidelines relating to geology and geotechnical work have to do with laboratory testing and field procedures. All applicable ASTM guidelines will be enforced.  State Mining and Geology Board, General Guidelines for Reviewing Geological Reports  Orange County Highway Design Manual  Orange County Flood Control Design Manual 4.2. General Engineering Services These services will include providing complete geotechnical investigation, analysis, testing and preliminary and final engineering design services that will aid to preparation of plans, specifications, structural calculations, technical studies, and technical specifications for public improvements. Engineering services may also include providing inspection services for grading, slope stabilization, street, and miscellaneous facility improvements associated within public right-of-way or public property (Parks, Civic Center Building, Diamond Bar Center, etc.) The above services would best accomplish by considering following stages: Data Gathering: The following will be performed for this task: Site Visit: We will have a site visit to observe the topography and visualize the proposed improvements at the project site. At the site, we will conduct limited surficial geologic mapping to collect preliminary soil type information that may be useful in our evaluation. Research and Review: The goal of this task is to collect existing relevant subsurface information that is available for the area. The information includes geologic maps by the California Geologic Survey (formerly the California Division of Mines and Geology) and USGS, and boring logs/Log-of- Test -Borings sheets for the existing structures to determine soil type and strength, groundwater depth and any unusual subsurface conditions that may impact this project. The collected information and all documents provided by the County will be reviewed and used in our project planning. Field Exploration: The objective of this task is to document observations of subsurface conditions and collect subsurface soil samples for laboratory testing. Prior to conducting the field exploration, a geotechnical exploratory plan that reflects location and type of borings will be developed and submitted for the County review. The proposed Boring Location Map will be used to apply for encroachment permits. After the geotechnical exploratory plan is approved, we will locate borings at the site and notify Underground Service Alert. We will drill enough soil exploratory borings spaced at intervals required by the Manual for Preparation of Geotechnical Reports or as specified by the County Geotechnical and Materials Engineering Division staff. Boring depths will be deep enough to provide sufficient information of influencing parameters. The soil data will be adequate to address foundation design, slope stability, and constructability as well as to address geologic/seismic hazard issues. Exploration will also be adequate to provide sufficient information for grading, paving, and for design of minor structures associated with the roadways. If borings require lane closure on the street, we will provide traffic control during the field exploration and follow the lane closure requirements specified by the County. After completion of exploratory drilling, logging, and sampling operations, boreholes will be backfilled with drilling cuttings and asphalt patched at the ground surface where pavements are penetrated. 4.12.a Packet Pg. 221 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 8 Laboratory Testing: The field boring logs will be reviewed and analyzed to select representative bulk and ring samples for laboratory testing. Results of the laboratory tests will be used for engineering analyses to develop design and construction recommendations for the proposed improvements. The following soil tests are envisioned for a typical project:  In-place moisture content and dry density determination tests for each undisturbed sample.  Atterberg Limits tests for plasticity determination and soil classification.  Sieve analyses for grain size distribution and soil classification.  Direct shear tests on undisturbed samples and, if appropriate, on remolded samples to determine the shear strength of the materials.  Consolidation tests to determine the compressibility of the materials.  Expansion Index tests to determine the expansion potential of soils.  Compaction tests for use in preparing earthwork recommendations.  Stabilometer (R-value) tests for use in developing paving recommendations.  Corrosion tests to determine corrosion potential of the soils. All tests will be conducted in accordance with Caltrans Test Methods or American Society of Testing and Materials (ASTM) Standards or Caltrans test methods (CTM). Geotechnical Engineering Analyses: Results obtained from the field exploration and laboratory tests will be used to develop idealized subsurface profiles and define soil parameters for seismic study and geotechnical design. The seismic study will include the following items:  Active faults and peak bedrock accelerations in accordance to CBC.  Acceleration response spectra (ARS) curves in accordance to Caltrans procedure.  Faults rupture evaluation.  Liquefaction evaluation, including recommendations for mitigation.  Geotechnical design will be performed based on the approved preliminary plans. The following analyses are anticipated for a typical project:  Determination of soil conditions.  Determination of axial/bearing and lateral capacities for foundations.  Lateral earth pressures.  Static and pseudo-static slope stability.  Evaluation of dynamic and static settlement.  Evaluation of pavement structural sections.  Corrosion potential of on-site soil and recommendations for the buried utilities and drainage devices.  Recommendations on earthwork. 4.12.a Packet Pg. 222 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 9 Report Preparation: We will provide a geotechnical report to meet the requirements of submittals. The geotechnical report will include:  Results of the subsurface explorations and laboratory tests, with a description of the soil or bedrock and groundwater conditions encountered.  Recommendations for design of foundations to be used for support of the proposed structure, including allowable increases for wind or seismic loads.  Estimated settlements for the anticipated loadings.  Results of seismic assessment.  Recommendations regarding lateral resistance of foundations, including moment versus depth for pile foundations at allowable and ultimate capacity.  Recommendations for design of retaining walls.  Recommendations for earthwork, including site preparation, excavation, and the placing of any required compacted fill.  Recommendations for design of asphalt and Portland cement concrete paving.  Results of the corrosion study. The following graphics will be included in the reports:  A vicinity map showing the location of the site.  A plot plan showing the project limits and the boring locations.  Description of the field exploration, including field testing procedures and laboratory testing procedures.  A log of the exploratory boring depicting the changes encountered in the soil strata by elevation and depth below ground surface together with a description and classification of each soil stratum. The depth to ground water will also be indicated.  Results of the CPTs, and/or SPTs.  Plots and tables presenting the results of the laboratory tests.  Review of Construction Plans and Specifications We will provide review of the construction plans and specification for conformance of the recommendations presented in the geotechnical report. 4.3. Material Testing Services We will perform the following tasks for material testing services during construction: Testing Services  Attend preconstruction meeting.  Review project plans and specifications.  Provide a qualified technician, as needed, during concrete placement to:  Test fresh concrete including fabrication of specimens for strength, slump, and temperature determination 4.12.a Packet Pg. 223 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 10  Cast cylinders for later transport, curing, and compression testing in Willdan’s materials testing laboratory. (Concrete placement inspection, mix verification will be done by an ICC Certified concrete inspector as discussed under the “Deputy Inspection Services” header below.)  Report/provide update of on-going compression testing of concrete/mortar/grout cylinders/prisms (i.e., 7-day and “off-schedule” breaks).  Report completed laboratory tests, including 28-day break results for concrete cylinders.  Provide a qualified soil technician to observe and test earthworks and compaction.  Provide a qualified technician for AC batch plant inspection and/or AC placement. Deputy Inspection Services  Review project plans and specifications.  Attend preconstruction meeting.  Provide a certified reinforced concrete inspector during construction of all structural concrete elements, including all column footings. The inspector will monitor, inspect, and test, as-needed, the placement of reinforcing steel, concrete, and epoxy/anchor for compliance with the plans and specifications. The inspector will monitor the placement and QC of concrete, provide verification, and direct as-needed sampling and testing by a Willdan technician.  Provide a certified concrete inspector for batch plant inspection, verification, and sampling, as needed, during Portland Cement Concrete production.  Provide a certified masonry inspector to monitor and inspect placement of CMU block. Inspector will verify that all masonry units are placed per approved plans and specifications, and applicable building code requirements. Observe the mixing and placement of mortar and placement of grout. Observe the placement of embeds, bond beams and reinforcing steel for compliance with the plans and specifications. Sample and test mortar and grout for compressive strength.  Provide a certified structural steel welding and high strength bolting inspector to observe all phases of structural steel assembly/ construction. Review welder and material certifications prior to field welding. Observe and/or test all bolted and welded connections per approved plans/specifications and applicable building code requirements.  Provide a certified commercial building inspector, for periodic inspection of lumber material verification, plywood shear wall nailing, plywood roof sheathing / nailing and seismic hardware installation for compliance per approved plans, specifications and applicable building code requirements. Statements By submitting this proposal, we acknowledge the following: Acceptable Terms and Conditions: It is to confirm that we have reviewed and accept all terms and conditions and of this request for proposal. Staff Availability: Hereby, we confirm that we are committed and will have all our staff available to provide the required services. 4.12.a Packet Pg. 224 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 11 D. Fee Schedule FEE SCHEDULE Geotechnical & Material Inspection & Testing Effective July 1, 2021 through June 30, 2022 Personnel – Prevailing Wage 4.12.a Packet Pg. 225 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 12 FEE SCHEDULE Geotechnical & Material Inspection & Testing Effective July 1, 2021 through June 30, 2022 Laboratory Testing – Geotechnical 4.12.a Packet Pg. 226 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 13 FEE SCHEDULE Geotechnical & Material Inspection & Testing Effective July 1, 2021 through June 30, 2022 Laboratory Testing – Material 4.12.a Packet Pg. 227 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 14 BASIS OF CHARGES – PREVAILING WAGE REGULAR WORK HOURS: First 8 hours Monday through Friday. The hourly billing rate is one time of the contract’s regular work hourly billing rate. TIME AND ONE HALF: After 8 hours and up to 12 hours Monday through Friday, and first 12 hours Saturday. The hourly billing rate is 1.5 times of the contract’s regular work hourly billing rate. DOUBLE TIME: After 12 hours Monday through Saturday, and all hours worked Sunday and holidays including New Year’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day and Christmas Day. The hourly billing rate is 2.0 times of the contract’s regular work hourly billing rate. SHIFT DIFFERENTIAL: Swing Shift: +10% for first 8 hours worked. Graveyard Shift: +15% for first 8 hours worked. MINIMUM HOURLY CHARGES: Special Inspector / Field Technician (Field Time Only) A. Cancellation of inspections not canceled by 4:00 p.m. on preceding day: 2 hours B. One-half working day or less: 4 hours C. Over one-half working day: 8 hours CANCELLATIONS: No charge if made before 4:00 p.m. of the preceding day. See Minimum Charge. CYLINDER HOLDS: All hold cylinders will be disposed of after the 28-day break meets the required strength, unless specified in writing by the client prior to the 28-day break. Long term or large amounts of hold cylinders may be subject to storage fees. OUTSIDE SERVICES: Outside services requested by client performed by others and direct costs expended on the client's behalf are charged at cost plus 15%. These expenses include equipment rental, parking, subsistence, photographs, co-insurance endorsement, blueprinting, reproduction, messenger services, printing, etc. A sub- consultant management fee of 15% will be added to the direct cost of all sub-consultant services to provide for the cost of administration, consultation, and coordination. MILEAGE CHARGES: If applicable, mileage for inspection / technician between 40 miles and 100 miles from Willdan’s nearest office will be charged per effective federal rate or per agreed rate for vehicle usage. Any mileage over 100 is per quote basis. REPORT CHARGES AND SECRETARY TIME: See fee schedule. A maximum of 5 copies will be issued for each report. Reissuing of reports is per quote basis. REPORTING: All reports will be considered confidential information and be distributed to the client and those designated by Chapter 17 of CBC, Chapter 4 of CAC, and/or authorized in writing by client. PAYMENT TERMS: Payment will be due on receipt of invoice. Interest will be added to accounts 30 days in arrears for each month of delinquency; the maximum rate allowed by law will be added to the unpaid balance until paid in full. Any Attorney's fees or other costs incurred in collecting any delinquent accounts will be added to the amounts due and shall be paid by the party invoiced. PARKING: When not furnished for the inspector/technician, parking charges will be reimbursed by the client. SUBSISTENCE: When applicable, subsistence will be charged to the client / project by quotation. INSURANCE: Willdan’s employees carry all insurance required by law. Any additional cost for special insurance required by the client, including increased policy limits, adding additional insured parties, and waivers of subrogation will be billed at cost plus 20 percent. LICENSES & PERMITS: Any additional cost for special licenses or permits for a project will be billed at cost. PREVAILING WAGE: The hourly rates provided are in compliance with prevailing wage requirements. As the rates for California Prevailing Wage increase, our hourly rates will increase accordingly. 4.12.a Packet Pg. 228 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 15 E. Insurance 4.12.a Packet Pg. 229 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 16 Appendix A Resumes of Key Personnel 4.12.a Packet Pg. 230 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 17 Education MS, Geotechnical Engineering, California State University, Long Beach Geology, Pahlavi University, Iran Registration Professional Civil Engineer, California, No. 37156 Professional Geotechnical Engineer, California, No. 2202 Affiliations American Society of Civil Engineers, Geotechnical Group 40 Years’ Experience Ross Khiabani, PE, GE Project Manager (Role: Lead Geotechnical Engineer) Mr. Ross Khiabani, our Principal-in-Charge, has more than 30 years of professional experience in performing diversified geotechnical assignments involving soil mechanics and foundation engineering, soil stabilization, landslide analysis and stabilization, settlement evaluations, liquefaction studies, slope stability analyses, laboratory testing, and inspection services during construction operations. His vast experience includes providing engineering services for commercial, industrial, institutional, ports and harbors, public works, transportation (including major bridges, local roads, freeways and toll roads) and water and wastewater facilities projects. This broad base of experience has given him a unique insight into local geotechnical and seismic conditions, and construction processes. Mr. Khiabani has kept in close communication with local, city, county, and state reviewers and is familiar with governing codes and requirements. Relevant Project Experience Orange Coast Community College, Newport Learning Center, Newport Beach, CA. Providing geotechnical engineering, materials testing and inspection services for construction of the Newport Learning Center, a 3 story type II-B building with 112,795 ASF, associated site development including a large bio-filtering facility, and parking/driveway areas. Services consist of geotechnical observation and testing during remedial grading, over-excavation, mass grading, foundation excavations and utility trench backfill. Testing and Inspection services also include Special Inspection for poured-in-place caissons and 138 soil anchors/tiebacks necessitated by the load demand imposed by a special design element – outward leaning external walls. Cities of Placentia, La Mirada, Calabasas, Highland, Inglewood, Maywood, Pomona, Rosemead, Santa Monica, Torrance, and West Covina. Oversight and Report Review for geotechnical investigations and construction phase material testing services being provided by other vendors for public infrastructure and private commercial/residential developments. City of Irvine & Metro link – Jeffrey Road Grade Separation, Irvine, CA. Coordinated all geotechnical testing and investigation services for new railroad under-crossing. Provided design input and review for design of foundations to mitigate the potential impact of liquefaction on the proposed structures. CIP On-Call Projects, City of Arcadia. Comprehensive Geotechnical Review services for residential and commercial developments throughout Arcadia. Los Angeles County Metropolitan Transportation Authority – Orange Line Extension, Los Angeles, CA. Provide QA/QC for geotechnical engineering investigation and design services as part of the design-build team for design and construction of four miles of dedicated busway, three stations, park and ride facilities, and associated structures including two bridges, and 3,000 feet of back-to- back MSE walls forming the approach embankments to a bridge. Los Angeles Unified School District, Los Angeles, CA. Principal Project Reviewer for geotechnical design studies for 30+ new school sites and classroom additions at high schools, middle and elementary schools. 4.12.a Packet Pg. 231 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 18 Ross Khiabani, PE, GE (Cont’d) On-Call Geotechnical Design Services, Port of Los Angeles, San Pedro, CA. Project Manager for Willdan’s 4-year contract to provide geotechnical design services in support of POLA’s On-Call Engineering/Architectural Consulting Services Program, San Pedro, CA. Tasks included retaining structures for berths, canopy structures, various port buildings, pavement rehabilitation, earthwork for backlands, boat maintenance cradles, storm drain improvements, and review of geotechnical reports submitted to POLA by others. Worked closely with POLA staff on all tasks to develop the most cost-effective and efficient solutions. City of Los Angeles – Vermont Avenue Bridge Widening over US 101, Los Angeles, CA. Provide internal QA/QC for geotechnical engineering services being provided for widening of the Vermont Avenue Bridge where it crosses US 101, northwest of downtown Los Angeles. Coordinate geotechnical efforts with the civil and structural engineers. City of Laguna Hills – Aliso Creek Sound Walls, Laguna Hills, CA. Provided geotechnical engineering investigation and design services for a series of sound walls to shield the backyards of residential properties situated on top of a slope adjacent to the I-5 freeway. In addition to design services, also assessed constructability issues. King Kong Attraction, NBC Studios, Studio City, CA. Project Manager and geotechnical engineer- of-record for new attraction at NBC Studios. Project requires extensive excavation and shoring structures and retaining wall systems for elaborate above ground structure housing this attraction. New City Hall, Laguna Niguel, CA. QA/QC lead for material testing and special inspection services being provided by Willdan. Work includes testing and inspection for concrete, steel, welding, and masonry for the New City Hall. Charnock Well Field Restoration Project, Arcadia and Charnock Sites, City of Santa Monica, CA. Project manager for geotechnical and material testing and inspection for a design-build project consisting of multiple filtration systems and the associated pumping and chemical feed systems, including a structure to house the reverse osmosis system. Fire Station No. 48, Seal Beach, CA. Provided all geotechnical investigation, design, and construction testing and inspection services for design and construction of the facility. Sanitary Sewer Line Relocation, Riverside, CA. Provided geotechnical engineering services to study alternate alignments for major sanitary sewer pipeline that needed to be relocated for construction of the county courthouse. Garvey Bridge Widening, Rosemead, CA. Provided geotechnical engineering, materials testing and inspection services for construction of the Garvey Bridge widening. The services included pile driving and abutment construction, utility trench backfills, and concrete sampling and testing. Moulton/La Paz Interchange, Orange County, CA. Project Reviewer for all geotechnical aspects of the project. Monitored, coordinated and reviewed different stages of field investigation, laboratory testing, analysis, and final report preparation. The emphasis of review was to provide quality control and technical input and ensure compliance to project specifications and Caltrans requirements. 4.12.a Packet Pg. 232 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 19 Education MS, Civil Engineering, Tehran University, Tehran, Iran Registration Civil Engineer, California, No. C73396 Affiliation American Society of Civil Engineers, Geotechnical Group 30 Years’ Experience Mohsen Rahimian, PE, GE Supervisory Engineer (Role: Geotechnical Engineer) Mr. Mohsen Rahimian has more than 25 years of experience with geotechnical engineering, investigation, design and construction. He has worked on a wide spectrum of public and private projects. Mr. Rahimian has substantial experience in performing diversified geotechnical assignments including shallow and deep foundation design, settlement evaluations, liquefaction studies, slope stability analyses, pavement design, and laboratory testing and inspection services during construction. Project Experience Proposed Improvements at Soccer Field, Santa Ana College, Santa Ana, CA. Performed as Project Engineer for conducting geotechnical investigation, field and laboratory testing, and performing geotechnical analyses and calculation to provide geotechnical recommendations for design and construction of new improvements at soccer field area, including one and two-story buildings, new bleachers, new flag pole foundations, and relevant flatworks and paved areas. Provided recommendations for grading, building pad backfill, foundation design, pavement design, flatworks subgrade, temporary excavations, and trench backfilling. Proposed New Classroom Buildings at Palos Verdes High School, Palos Verdes Estates, CA. As the project engineer conducted field geotechnical investigation, field and laboratory testing, and performed geotechnical analyses and calculation to provide geotechnical recommendations for design and construction of four one-story modular classroom buildings. Proposed New Cafeteria at Redondo Union High School, Redondo Beach, CA. Conducted geotechnical investigation, field and laboratory testing, and performed geotechnical analyses and calculation to provide geotechnical recommendations for design and construction of a new one- story structure with 11,400 square feet footprint at grade, and relevant flatworks and pavement improvements. Campus Renovation and New Developments at Jordan High School, Long Beach, CA. Provided geotechnical engineering supports for the project design team. Performed static and seismic settlement analyses, mat and pile foundations design recommendations, and retaining wall geotechnical recommendations. LAUSD, Redondo Beach USD, Palos Verdes USD, and LACCD, CA. Provided geotechnical and construction material inspection services for various schools within the districts. Worked with the project team to prepare the close-out documents, including DSA-291 and DSA-293. Firmona Avenue Storm Drain, Lawndale, CA. As the Project Engineer provided geotechnical inspection and testing services for construction of the storm drain within the Firmona Avenue. El Toro Road Improvements – Phase 2, Laguna Woods, CA. As the Project Manager/Engineer performed investigation and review services for providing Independent Assurance (IA) Testing for the project. Civic Center Exterior Site Improvements, Moreno Valley, CA. As the Project Manager/Engineer provide geotechnical and material inspection and testing services for construction of the project. 4.12.a Packet Pg. 233 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 20 Education Coursework in inspection of structural masonry, reinforced concrete, post tension concrete, and pre- stressed concrete, Robert Schiltz School of Inspection Epoxy injection inspection: In depth hands-on training, Sika Seminar, Glendale School District Licenses & Certifications ICBO - Certified Special Inspector, Structural Masonry IBC – Certified Special Inspector, Structural Masonry DSA- Structural Masonry DSA- Assistant Inspector-of-Record Affiliations ACIA - Board Member, The South Coast Chapter ACIA - Treasure, The South Coast Chapter CSI – Construction Specifications Institute 25 Years’ Experience Joseph M. Ritchey Operations Manager (Role: Materials Testing and Deputy Inspection Services Manager) Mr. Joseph Ritchey has a 35-year construction background, during that time he has worked in a multitude of trades and as a field superintendent. The past 17 years he has been in the inspection industry. Mr. Ritchey earned his DSA certification in structural masonry & veneer in 1996. He has worked with numerous school districts including Los Angeles, Glendale, Baldwin Park, Palmdale, San Gabriel, Tustin, and the West LA Community College District. Mr. Ritchey also worked as an Assistant Inspector-of–Record servicing: Fountain Valley USD, West LA Community College, and Tustin School District. Mr. Ritc hey is a board member of the South Coast Chapter of the American Concrete Institute (ACI). Mr. Ritchey manages and supervises the material testing, construction inspection, and deployment of inspectors and technicians. Project Experience Orange Coast Community College, Newport Learning Center, Newport Beach, CA. Operations Manager responsible for all materials testing and inspection services being provided by Willdan Geotechnical for construction of the Newport Learning Center, a 3-story type II-B building with 112,795 ASF. New City Hall, Laguna Niguel, CA. Operations Manager responsible for providing material testing and special inspection services, including testing and inspection for concrete, steel, welding, and masonry for the new City Hall. Charnock Well Field Restoration Project, Arcadia and Charnock Sites, City of Santa Monica, CA. Material testing and inspection manager for a design-build project consisting of multiple filtration systems and the associated pumping and chemical feed systems, including a structure to house the reverse osmosis system. City of Newport Beach, CA. Project Manager responsible for all day-to–day operations, scheduling of geotechnical services, inspectors, dye pen inspection, interior inspections, documentation and quality of on-site personnel for Irvine Ave. Water Main Replacement Phase 1 & 2, Irvine Ave. and Dover Water Main Replacement and Industrial Way Water Main Replacement. Fine Arts Building, West Los Angeles College: Culver City, CA. DSA Masonry & Reinforced Concrete Inspection on a new 10M 4-story steel-framed building, Fine Arts Theater, and photography lab. Also filled in as Assistant Inspector of Record, inspecting all trades. Downey Community Senior Center: Downey, CA. Worked closely with the City of Downey as a Masonry & Reinforce Concrete Inspector during new construction of Community Senior Center; including a gymnasium, classrooms, and offices. Fountain Valley Unified School District; Fountain Valley, CA. Assistant Inspector-of-Record for two school sites, Talbert and Fulton Middle Schools. Worked closely with the district, architect, and engineer on all aspects of construction with a strong focus on masonry. Project encompassed eight brick-veneered customized modular buildings. 4.12.a Packet Pg. 234 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 21 Education BSc, Geology University of Waikato, Hamilton, New Zealand Registration Certified Engineering Geologist, California CEG 2049 Professional Geologist, PG 6610 Affiliations AEG – Association of Engineering Geologists (Officer, 1997 to 2000) AWG – Association for Women Geoscientists (Officer, 1997) GSA – Geologic Society of America SCGS – South Coast Geologic Society 12 Years’ Experience Wendy Drummond PG, CEG Project Geologist (Role: Field Testing & Engineering Geology) Ms. Wendy Drummond has over 12 years of experience in the field of engineering geology in the western United States. Her work includes the investigation of geologic and seismic hazards, slope stability evaluations, and forensic geology (distressed structures and slope failures). Ms. Drummond has performed numerous detailed investigations of landslides, active and potentially active faults, as well as distress investigations and seismicity studies. Typical projects include the preparation of geologic maps, site characterization, landslide identification, evaluation of recency, frequency and amount of fault rupture, earthquake hazard assessment, slope stability evaluation, and recommendations for mitigation measures. Ms. Drummond has conducted projects involving numerous methods of surface and subsurface investigation including bucket auger, hollow stem auger, air rotary, mud rotary, trenching, sampling, surface geophysics, well installation and percolation, pump, and draw-down testing. Project Experience Transportation Corridor South, Orange and San Diego Counties, CA. Geologist and field coordinator for 25-kilometer segment of the proposed project. The proposed alignment of the toll road traversed rugged terrain with significant slope stability hazards. The investigation included detailed geologic mapping, air photograph interpretation, drilling of over 70 hollow stem auger borings and down-hole logging of more than 80 bucket auger borings to depths up to approximately 145 feet and seismic refraction surveys for rippability evaluation. State Route 74, Riverside County, CA. Geologist for a roadway repair project where the investigation involved geologic mapping of slopes containing damaged welded wire walls, detailed mapping and joint analysis of rock slopes and drilling of continuous-core borings. The project involved design of remedial measures to restore the roadway and decrease the potential for future failures. Remedial measures included design of a mesh drape and flexible barrier system for rock slopes and Reno mattress construction on embankments. Three Arch Bay Storm Drain Project, Laguna Beach, CA. Geologic investigation for proposed storm drain tunnel excavation within the coastal bluffs. The project involved geologic mapping and fault orientation study of the bluffs, evaluation of erosion potential resulting from the storm drain outfall and subsurface investigation including bucket auger borings, geoprobes and CPT's. Caribbean Drive Landslide, Dana Point, CA. Geologic investigation of active landslide. The project included geologic mapping, drilling and downhole logging of the landslide mass, evaluation of causative factors and determination of appropriate remediation measures. Commercial Development, Las Vegas, NV. Geologic hazard and lineament study for a proposed 250-acre commercial development. The project included interpretation of aerial photographs, literature review and detailed logging of trenches excavated across the lineaments. 4.12.a Packet Pg. 235 City of Diamond Bar Proposal On-Call Geotechnical Engineering Services 22 Education B.S., Civil Engineering, Mapua Institute of Technology, Manila, Philippines Geotechnical Lab Testing, Short Course, University of Missouri, Rolla, Registrations/ Certifications Certified in Soils Laboratory Testing, Caltrans ICC-Soil Special Inspector Construction Management, Inspection & Testing, for Transportation Projects, Caltrans Sponsored Certification Program Nuclear Gauge Operator, CPN International, Inc. Certified Soil Technician, California Geotechnical Engineers Association 39 Years’ Experience Ramon M. Calbay Laboratory Manager (Role: Geotechnical Laboratory Testing) Mr. Ramon Calbay has more than 37 years of experience with soils and materials selection, design, testing and quality control. Mr. Calbay has led the soils and materials testing programs for multiple highway and bridge construction projects. In addition, he has extensive experience of providing field observation and testing for pile installation, soil stabilization, settlement monitoring and mass grading operations. Mr. Calbay has also been involved in the design and control of asphalt and concrete mixes, production of road bases and filter mixes, and inspection of structural concrete, steel and weldments. Mr. Calbay has more than 25 years’ experience in managing a full-service geotechnical testing laboratory. Work History 2012 – date Willdan Geotechnical, Anaheim, CA Geotechnical Laboratory Manager/ Supervisory Technician 1987 – 2012 Kling Consulting Group, Inc. (formerly Zeiser Kling Consultants), Irvine, CA Laboratory Supervisor 1984 – 1987 Schaefer Dixon & Associates, Santa Ana, CA Laboratory and Field Technician 1982 – 1984 Geowest Consultants, Costa Mesa, CA Laboratory and Field Technician / Inspector 1982 – 1982 Rockwin Corporation, Santa Fe Springs, CA In-plant Quality Control Inspector 1981 – 1982 Tech Enterprises, Inc., Anaheim, CA Construction Inspector 1978 – 1981 CDCP International, Hong Kong Materials Engineer 1974 – 1978 Construction & Development Corp. of the Philippines, Manila Staff Engineer Project Experience  Santa Monica Civic Auditorium, Santa Monica, CA  Two (2) New Low Water Crossings on County Road 35, Glenn County, CA  Four (4) Replacement Bridges on County Road 67, Glenn County, CA  ICDC, Planning Area 40, Irvine CA.  ICDC, Planning Area 40, Irvine CA.  El Sobrante Landfill, Riverside County, CA.  Pottery Court Apartments, Lake Elsinore, CA. 4.12.a Packet Pg. 236    '(3$570(172)38%/,&:25.6 &,7<2)',$021'%$5 &$/,)251,$  2)),&,$/127,&(  5(48(67)25352326$/6 21&$//*(27(&+1,&$/(1*,1((5,1*6(59,&(6  $''(1'8012  7KH IROORZLQJ FKDQJHV WR WKH 5HTXHVW IRU 3URSRVDO IRU WKH DERYHSURMHFWVKDOOEH LQFRUSRUDWHGLQWRWKH5HTXHVWIRU3URSRVDODVSDUWRIWKLVSURMHFW  7KH&RQVXOWDQWVKDOOVLJQWKLVSDJHDVDFNQRZOHGJHPHQWRIUHFHLSWRI$GGHQGXP1R DQGDWWDFKLWWRWKHSURSRVDO   'DYLG*/LX3(  'DWH 'LUHFWRURI3XEOLF:RUNV&LW\(QJLQHHU  &RQVXOWDQW·V$XWKRUL]HG6LJQDWXUH        Mohsen Rahimian 4.12.a Packet Pg. 237 1515 S. Sunkist Street, Suite E Anaheim, CA 92806-5808 T 714.634.3318 | F 714.634.3372 www.willdan.com 4.12.a Packet Pg. 238 1 CONSULTING SERVICES AGREEMENT Design Professional THIS AGREEMENT (the "Agreement") is made as of June 15, 2021 by and between the City of Diamond Bar, a municipal corporation ("City") and Ninyo and Moore, Inc. a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the On-Call Geotechnical Engineering services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Fabian Aoun, Associate Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2021, and shall continue until June 30, 2024 unless earlier terminated pursuant to the provisions herein. Any increase in compensation will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of The City shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: 4.12.b Packet Pg. 239 2 services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Sixty-Thousand Dollars ($60,000) per Fiscal Year without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount invoiced the City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. 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, 4.12.b Packet Pg. 240 3 assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal, State agency, including the Public Employee Retirement System, 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, its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a business license with the City of Diamond. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall indemnify and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractors; (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the 4.12.b Packet Pg. 241 4 Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. (4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier 4.12.b Packet Pg. 242 5 giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant 4.12.b Packet Pg. 243 6 covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event 4.12.b Packet Pg. 244 7 no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City's Project Manager, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Reserved 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Reserved 4.12.b Packet Pg. 245 8 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 4.12.b Packet Pg. 246 9 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY” Ninyo and Moore, Inc. City of Diamond Bar 475 Goddard, Suite 200 21810 Copley Drive Irvine, CA 92618 Diamond Bar, CA 91765-4178 Attn.: Kurt S. Yoshii, PE, GE Attn.: Daniel Fox Phone: 949-753-7070 Phone: 909-839-7010 E-Mail: kyoshii@ninyoandmoore.com E-mail: dfox@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. 4.12.b Packet Pg. 247 10 "Consultant" "City" NINYO AND MOORE, INC. CITY OF DIAMOND BAR By: ______ By: ____ Printed Name: Nancy Lyons, Mayor Title: By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By:____ David A. DeBerry, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Avram Ninyo President Elaine O. Autus Assistant Secretary 4.12.b Packet Pg. 248 April 26, 2021 Proposal No. P04-03206 Proposal to Provide On-Call Geotechnical Engineering Services City of Diamond Bar City of Diamond Bar 21810 Copley Drive Diamond Bar, California 91765 4.12.b Packet Pg. 249 475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com April 26, 2021 Proposal No. 04-03206 Mr. Fabian Aoun, PE Associate Engineer City of Diamond Bar 21810 Copley Drive Diamond Bar, California 91765 Subject: Response to Request for Proposal for On-Call Geotechnical Engineering Services City of Diamond Bar Dear Mr. Aoun Ninyo & Moore is pleased to submit this proposal to provide geotechnical engineering services to the City of Diamond Bar (City) in response to the City’s Request for Proposals (RFP) dated April 2021. We fully understand the City’s needs and desires for a qualifi ed consultant that can respond quickly and effectively. We are ready to meet the City’s requirements by making available dedicated professionals who have the requisite experience and resources to meet your project needs. Some of the advantages Ninyo & Moore can provide to the City of Diamond Bar include: • RELEVANT EXPERIENCE – Ninyo & Moore is very familiar with the City’s policies and procedures having provided materials testing services on various projects. Ninyo & Moore also has a proven track record for providing on-call similar materials testing services to many other cities, counties, and other public agencies, including the cities of Diamond Bar, Los Angeles, Long Beach, La Habra, Brea, Anaheim, Fountain Valley, Newport Beach, Rancho Santa Margarita, Mission Viejo, Riverside, Fontana, Rancho Cucamonga, and Moreno Valley; counties of Los Angeles, Orange, and San Bernardino; the Los Angeles Unifi ed School District, Riverside County Transportation Commission, John Wayne Airport Authority, Orange County Sanitation District, and many other agencies and municipalities. Ninyo & Moore is experienced with the coordination and administration of on-call contracts and can effectively provide responsive and comprehensive services to the City. • READY TO START WORK IMMEDIATELY –Our staff understands the technical and administrative requirements of on-call contracts as well as the geotechnical conditions throughout the region. In addition, the resources of Ninyo & Moore, one of the largest geotechnical consulting fi rms in southern California employing 500 professionals and possessing fi ve fully- equipped, in-house soil and materials testing laboratories in California (three in southern California), has the manpower and equipment necessary to provide the required services for this contract and we are ready to start work immediately. • EXPERIENCED PROFESSIONALS – A project team composed of highly experienced and California licensed geotechnical engineers, certifi ed engineering geologists, civil engineers, geologists, hydrogeologists, multiple certifi ed construction inspectors, and Caltrans certifi ed fi eld and laboratory technicians that are available for this contract. • CERTIFIED LABORATORIES AND EQUIPMENT – Our laboratories have been certifi ed/accredited by various agencies including the City of Los Angeles, Caltrans, Division of the State Architect (DSA), American Association of State Highway and Transportation Offi cials (AASHTO), Cement and Concrete Reference Laboratory (CCRL), and many other public agencies. Mr. Kurt Yoshii, PE, GE, Principal Engineer, for Ninyo & Moore’s Irvine offi ce, and has more than 30 years of experience in providing geotechnical engineering services. Mr. Yoshii will serve as the Principal-in-Charge and provide oversight for this contract. He can be reached by telephone at (949) 753- 7070, ext. 12233; e-mail: kyoshii@ninyoandmoore.com; and fax; (949) 753-7071. Mr. Yoshii is authorized to negotiate with the City of Diamond Bar on behalf of Ninyo & Moore. Our Project Manager is Mr. Garreth Saiki, PE, GE. Mr. Saiki is located in Ninyo & Moore’s Irvine offi ce and has more than 33 4.12.b Packet Pg. 250 2 years of experience in geotechnical engineering and project management services. Mr. Saiki can be reached by telephone at (949) 753-7070, ext. 12231; e-mail: gsaiki@ninyoandmoore.com; and fax; (949) 753-7071. We emphasize that this contract is of great importance to us. Ninyo & Moore does not have any exceptions to or deviations from the requirements of this project. We are fully prepared to make every possible commitment needed for the successful and timely completion of the project. We feel that our strongest asset is our satisfi ed clients and encourage the City to contact our references for our performance on their contracts. Your favorable consideration of this proposal is appreciated, and we look forward to being of service to the City of Diamond Bar. Respectfully submitted, NINYO & MOORE Kurt S. Yoshii, PE, GE Principal Engineer GMS/emc Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 4.12.b Packet Pg. 251 iNinyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 Table of Contents A. PROJECT TEAM 1 B. NINYO & MOORE’S EXPERIENCE/REFERENCES 17 C. PROJECT UNDERSTANDING 18 D. FEE SCHEDULE 21 E. INSURANCE 23 4.12.b Packet Pg. 252 1 Key Personnel Ninyo & Moore recognizes that the success of a project will depend on staff capabilities and effective project management. Given that necessary technical talent and physical resources and committed to the project, good management becomes the most important item for successful completion of the proposed work. In addition, familiarity with our client’s needs and requirements are critical in successfully performing our services to meet or exceed our client’s expectations. In order to effectively accomplish our goal of successful completion of our services to our client’s satisfaction, our project team will be led by our Principal-in- Charge, Mr. Kurt Yoshii, and coordinated by our Project Manager, Mr. Garreth Saiki. Resumes of Key Personnel start on page 7 following Ninyo & Moore’s staffing tables. Principal-in-Charge Mr. Kurt Yoshii, PE, GE, Principal Engineer, will serve as the Principal-in-Charge. Mr. Yoshii will be the primary point of contact for the City for contractual issues and will oversee the work of our staff throughout the duration of the contract. Mr. Yoshii holds a Bachelor’s Degree in Civil Engineering from the University of California at Berkeley. He is both a registered Civil Engineer and a licensed Geotechnical Engineer in California and has over 30 years of experience, the past 26 years at Ninyo & Moore. His experience spans the various aspects of geotechnical engineering including design and construction of infrastructure facilities, including roadways and highways, pipelines and treatment plants, airports and port facilities, schools and hospitals, as well as municipal projects and residential homes and developments, including forensic evaluations for residential, commercial and public works projects. Mr. Yoshii has overseen on-call contracts for many public and local agencies, including the Cities of Diamond Bar, Irvine, Rancho Santa Margarita, Yorba Linda, Los Angeles; Counties of Orange, Los Angeles, San Bernardino, and Riverside, as well as the Port of Long Beach, John Wayne Airport, and Caltrans District 7, 8, and 12. Mr. Yoshii’s responsibilities will include timely response to the City’s requests, including overseeing our services from preparation of detailed proposals for specific task order requests through the delivery of our services, including project close out. Project Manager Mr. Garreth Saiki, PE, GE, Principal Engineer, will be the Project Manager for this contract and will be responsible for overseeing the task-order specific assignments. He will coordinate the day-to-day activities of our geotechnical engineering and field and laboratory staff for this contract. Mr. Saiki holds a Bachelor’s degree in Civil Engineering Master’s degree in Geotechnical Engineering, both from the University of California at Berkeley, and a Master’s Degree in Business Administration from the University of California at Davis. He has over 34 years of experience in geotechnical engineering and has been working at Ninyo & Moore for the past 23 years. Mr. Saiki will be responsible for performing the geotechnical analyses and plan review services required for this contract. He will work closely with our large pool of engineers and geologists to assemble a team with the requisite experience to respond to the City’s needs for each specific assignment. Mr. Saiki’s responsibilities include coordination of our certified field personnel and field equipment to see that both will be readily available for support of field work and testing assignments. He oversees and assists the lead technicians with scheduling additional personnel and equipment as it becomes necessary. Mr. Saiki is responsible for maintaining up-to-date certifications for our field personnel and equipment, as well as performing routine safety meetings for our field staff. Mr. Saiki has effectively coordinated field operations for Ninyo & Moore on many large public works projects. Mr. Saiki will be available 24 hours, 7 days a week via telephone (949) 753-7070 or via e-mail; gsaiki@ninyoandmoore.com. Technical Advisor - Geotechnical Engineering Dr. Daniel Chu, PhD, PE, GE, Chief Geotechnical Engineer, will serve as Geotechnical Engineering Technical Advisor. Dr. Chu earned his PhD in geotechnical engineering from the University of California at Los Angeles and is a licensed Civil and Geotechnical Engineer in California with over 37 years of experience, the past 26 years at Ninyo & Moore. He has provided geotechnical engineering and third-party review services for city and county Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 A. Project Team 4.12.b Packet Pg. 253 2 agencies for educational, municipal and commercial developments, roads, bridge structures, highways, reservoirs, water treatment plants, pump stations, pipelines, and tunnels. Dr. Chu is responsible for the quality of engineering, training of staff, and engineering assignments. He has expertise in soil mechanics, dynamic soil behavior, seismic hazard risk assessment, static and dynamic earth loading, liquefaction, design of deep and shallow foundations, shoring systems, slope stability, erosion control, and pavement design. Dr. Chu provides technical oversight during our geotechnical evaluations, exploration/sampling protocol, analysis of laboratory test results, direction of engineering tasks, review of calculations, and report preparation. Dr. Chu has provided technical oversight on many geotechnical design projects under review by for the County of Orange, City of Los Angeles Department of Building & Safety, State of California Division of the State Architect, and the California Geological Survey (CGS), and is experienced with providing the necessary information to these review agencies. Dr. Chu will be responsible for seeing that Ninyo & Moore’s geotechnical analyses are performed in accordance with the standard of care utilizing the appropriate geotechnical parameters for the site conditions. He checks the accuracy of our calculations and is also responsible to see that the geotechnical recommendations we develop are reasonable and practical. Dr. Chu will provide technical oversight for the geotechnical engineering aspects of this contract. Technical Advisor - Engineering Geology Mr. Michael Putt, PG, CEG, Principal Geologist, will serve as Geologic Technical Advisor. Mr. Putt oversees geologic investigations, such as landslide and slope stability evaluations, fault and seismic hazard evaluations, groundwater studies, evaluation of grading plans, seismic refraction surveys, and provides technical direction to the geologic staff and in-house quality assurance review. Mr. Putt has over 23 years of engineering geology experience in southern California involving new construction for commercial, public works, and residential projects. He was been working at Ninyo & Moore for the past 12 years. He also has experience in forensic geologic investigations. His experience includes evaluation of landslides, slope stability, fault and seismic hazards, groundwater, and grading issues. He has direct field experience in the exploration and construction associated with landslide/slope stabilization, installation of shoring systems, tie-back anchors and foundations, as-graded geologic evaluation/ mapping, and hazardous waste assessments. Technical Advisor- Quality Assurance and Materials Engineering Mr. Lawrence Lovett, PE, will serve our Quality Assurance and Materials Engineering Technical Advisor. Mr. Lovett is a licensed Civil Engineer in California. Mr. Lovett holds a degree in Civil Engineering from the University of Maryland as well as a Master’s Degree in Business Administration from New York State University. He has over 50 years of experience in materials testing and inspection services, and has been an employee of Ninyo & Moore for the past 25 years. Mr. Lovett’s role on this contract will be to oversee Ninyo & Moore’s in-house Quality Assurance program for materials testing and inspection services. He will also be a resource for technical expertise on materials testing and inspection issues, including forensic investigations of materials if needed, for the City. Geotechnical Task Manager Rajindra Handapangoda, PE, GE, will serve as Geotechnical Task Manager for this contract. He will work closely with Mr. Saiki to provide the day-to-day coordination of our geotechnical field and laboratory program as well as the engineering calculations. Mr. Handapangoda holds a Bachelor’s of Science Degree in Civil and Environmental Engineering and a Master’s Degree in Geotechnical & Earthquake Engineering both from the University of California at Los Angeles. He is California-licensed Civil and Geotechnical Engineer with over 14 years of professional experience, all at Ninyo & Moore. Mr. Handapangoda assists with data acquisition, documentation, and dissemination of data related to all phases of geotechnical investigations, assists with compiling and analyzing geotechnical data obtained from both field and office research, assists with technical tasks including data compilation, calculations, analysis, and design for design projects and/or repair recommendations, coordinates and supervises subsurface drilling activities, conducts investigations of subsurface conditions, prepares correspondence, permit requests, geotechnical reports and other documents. Field Operations Manager Mr. Robert Bigger will serve as the Field Operations Manager for this contract and will be responsible for performing overseeing the field testing and inspection services assignments. He will coordinate the day-to-day activities of our field materials testers and inspectors, as needed, for this contract. His responsibilities include coordination of our certified field personnel and field equipment to see that both will be readily available for task order assignments. Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 4.12.b Packet Pg. 254 3Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 Kurt Yoshii, PE, GE PRINCIPAL-IN-CHARGE Garreth Saiki, PE, GE PROJECT MANAGER GEOTECHNICAL STAFFLABORATORY AND FIELD TECHNICIANS/INSPECTORS Daniel Chu, PhD, PE, GE - Geotechnical Engineering Michael Putt, PG, CEG - Engineering Geology Lawrence Lovett, PE - Materials Engineering TECHNICAL ADVISORS Soumitra Guha, PhD, PE, GE Spencer Marcinek, PE, GE Raphael Benvegnu, PE Morteza Mirshekari, PhD, PE Franklin Ruiz, PE Julianne Padgett, PE Jennifer Schmidt, PG, CEG Scott Johnson, PG, CEG Greg Corson, PG, CEG Matthew Harrell, PG, CEG Ronald Hallum, PG, CEG Bach Tien, PG Emily Homan, PG Victoria MacKinnon, EIT Alfredo “Tino” Rodriguez Robert Bigger FIELD OPERATIONS MANAGER Rajindra Handapangoda, PE, GE GEOTECHNICAL TASK MANAGER Wilkins Cobian Steven Eck Randy Engle Daniel Eguia Eugene Frazier Enamul Haque Seth Hansen Jacob Huffman Vance Hunter Matthew Jacobs Joe Levario Lincoln Linn David Meras Steven Moudy Kevin Perez Tim Porter Matthew Puraty George Schubert Jose Soto Kevin Tolin Ryan Villasenor Paul Medina Steve Almond He oversees and assists the lead technicians with scheduling additional personnel and equipment as it becomes necessary. He oversees field testing of concrete and asphalt concrete, inspection of asphalt and concrete batch plants, geotechnical laboratory testing, quality control for all laboratory procedures, including fulfilling requirements for ASTM, AASHTO, Caltrans, ACI, and CBC Standards. He has effectively coordinated field operations for Ninyo & Moore on many large public works projects including the cities of Yorba Linda, Norwalk, and County of Los Angeles. Organizational Chart The organizational chart presented below reflects Ninyo & Moore’s management structure. The selected key staff meet have extensive experience providing on-call and geotechnical engineering services. The key staff selected for this contract have all been working at Ninyo & Moore for 12 years or more, many over 20 years, and will maintain their roles throughout the contract duration. If staff changes are requested by the City or due to an event beyond the control of Ninyo & Moore, our Principal-in-Charge, Mr. Kurt Yoshii, will present work with the City to provide similarly qualified staff for replacement. 4.12.b Packet Pg. 255 4 Key Personnel/Role Licenses/Registrations/Certifications Total Years Experience Years at Ninyo & Moore Kurt S. Yoshii Principal - in - Charge PE 54759 (California) GE 2508 (California) PE 14274 (Nevada) PE 3791862202 (Utah) PE 48007 (Colorado) 30 26 Garreth M. Saiki Project Manager PE 49665 (California) GE 2509 (California)34 23 Daniel Chu Technical Advisor – Geotechnical Engineering RCE 37991 (California) GE 2096 (California)37 26 Michael Putt Technical Advisor – Engineering Geology PG 7581 (California) CEG 2341 (California) Radiological Safety and Gauge Use Certifi cation 23 12 Lawrence Lovett, PE Technical Advisor- Quality Assurance and Materials Engineering RCE 50994 (California) QE 3960 (California) PE 16606 (New Jersey) PE 43072 (New York) PE 13352 (Nevada) 50 25 Rajindra Handapangoda, PE, GE Project Engineer PE 73171 (California) GE 2998 (California)14 14 Robert Bigger Field Operations Manager Nuclear Gauge Operator Certifi cation 27 21 Professional Engineering Staff Ninyo & Moore’s Irvine office has a large staff of licensed engineers and geologist available to support task order assignments, including multiple, concurrent assignments, from the City. The following table shows our professional staff’s registrations and years of experience. Professional Geotechnical Engi-neering/Geologic Staff Registrations/Certifications Total Years Experience Years At Ninyo & Moore Raphael Benvegnu, PE Senior Engineer PE 70294 (California) PE 39371 (Arizona) Permit-Required Confi ned Space Certifi cation 36 4 Ronald Hallum, PG, CEG Technical Advisor – Geology PG 4766 (California) CEG 1484 (California)35 25 Scott M. Johnson, PG, CEG Principal Geologist PG 6456 (California) CEG 2295 (California)31 25 Soumitra Guha, PE, GE Principal Engineer GE 2632 (California) PE 58967 (California)29 18 Greg Corson, PE, CEG Senior Geologist CEG 2310 (California) PG 7318 (California)25 24 Matthew Harrell, PG, CEG Project Geologist CEG 2537 (California) PG 8412 (California)20 3 Jennifer Schmidt, PG, CEG Senior Project Geologist CEG 2649 (California) PG 9016 (California)13 13 Bach Tien, PG Project Geologist PG 9310 (California)13 3 Franklin Ruiz, PE Project Engineer PE 86496 (California)99 Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 The following table shows our Key Personnel’s registrations and years of experience. 4.12.b Packet Pg. 256 5 Professional Geotechnical Engi-neering/Geologic Staff Registrations/Certifications Total Years Experience Years At Ninyo & Moore Spencer Marcinek, PE, GE Project Engineer PE 82775 (California) GE 3127 (California)86 Morteza M PH.D., PE, GE Project Engineer PE 92374 (California)10 2 Julianne Padgett Senior Staff Engineer PE 84043 (California)10 1 Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 Field Testing/Inspection Staff Ninyo & Moore’s field staff is highly experienced and qualified to provide testing and inspection services for an extensive range of project requirements. Ninyo & Moore’s field and laboratory technicians maintain certifications from the American Concrete Institute (ACI), American Welding Society (AWS), Caltrans, State of California Division of the State Architect (DSA), International Code Council (ICC), Occupational Safety and Health Administration (OSHA), United States Department of Transportation (USDOT), as well as other regulatory agencies. They possess a working knowledge of the requirements and procedures as specified by these agencies. Our field technicians are extensively experienced at providing geotechnical soils and materials testing services for construction projects. The following table is a sampling of field personnel and their certifications that are available to work on this project. Team Member Role Registrations/Certifications Years Exp Kevin Tolin Senior Field Technician ACI Field Testing Technician Grade I Caltrans Concrete Test Methods 523.1 Caltrans Concrete Test Methods 504, 518, 524, 533, 539, 540, 556, 557 Caltrans Sampling Highway Materials Test Method 125 Caltrans Soils and Aggregates Test Methods 216, 231 OSHA 40 Hour Hazwoper Certifi cation OSHA 8 Hour Hazwoper Certifi cation Radiation (Nuclear Gauge) User Safety USDOT HAZMat Refresher Training 34 David Meras Special Inspector ACI Concrete Field Testing Technician Grade I AWS Certifi ed Welding Inspector Caltrans Concrete Test Methods 504, 518, 523, 533, 539, 540, 557 Caltrans Sampling Test Method 125, 125.2, 125.3, 125.4, 125.5, 125.6 Caltrans Soils and Aggregates (Methods 216, 231) ICC Soils Special Inspector ICC Structural Steel & Bolting Special Inspector ICC Structural Welding Special Inspector OSHA Excavation Competent Person Certifi cation Radiation (Nuclear Gauge) User Safety USDOT HAZMat Refresher Training 24 Vance Hunter Senior Field Technician ACI Field Testing Technician Grade I Caltrans Concrete Test Methods 504, 518, 523.1, 533, 539, 540, 556, 557 Caltrans Sampling Test Method 125 Caltrans Soils and Aggregates Test Methods 105, 201, 202, 205, 216, 217, 226, 227 eRailSafe System Badge, 300882 OSHA 40 Hour HAZWOPER Certifi cation OSHA 8 Hour HAZWOPER Certifi cation OSHA Excavation Competent Person Radiation (Nuclear Gauge) User Safety USDOT HAZMat Refresher Training 21 Eugene Frazier Senior Field Technician 16-Hour Asbestos O&M Initial Certifi cation ACI Field Testing Technician Grade I Caltrans Concrete Test Methods 504, 518, 523.1, 524, 533, 539, 540, 556, 557 Caltrans Sampling Highway Materials Test Method 125 Caltrans Soils and Aggregates Test Methods 105, 125, 201, 202, 205, 216, 217, 226, 227, 229 John Wayne Airport Security Badge OSHA 40 Hour Hazwoper Certifi cation OSHA 8 Hour Hazwoper Certifi cation Radiation (Nuclear Gauge) User Safety USDOT HAZMat Refresher Training 19 4.12.b Packet Pg. 257 6 Team Member Role Registrations/Certifications Years Exp Joe Levario Senior Field Technician ACI Concrete Field Testing Technician Grade I BNSF Contractor, No. UIBNSFCACA011902740 Caltrans Concrete Test Methods 504, 518, 523, 533, 539, 540, 556, 557 Caltrans Sampling Test Method 105, 125 Caltrans Soils Test Methods 201, 202, 205, 216, 217, 226, 227 eRailSafe, Contractor, No. 727113 OSHA Excavation Competent Person Certifi cation Radiation (Nuclear Gauge) User Safety USDOT HAZMat Refresher Training 16 Matthew Jacobs Senior Field Technician ACI Concrete Field Testing Technician Grade ICity of Los Angeles Deputy Building Inspector - Grading, No. P030742City of Los Angeles Special InspectorICC Reinforced Concrete Special InspectorICC Soils Special InspectorOSHA 10 Hour Certifi cationOSHA 40 Hour Hazwoper Certifi cationOSHA Excavation Competent PersonRadiation (Nuclear Gauge) User SafetyUSDOT, HAZMAT 49CFR 172, Subpart H 14 Daniel Eguia Senior Field Technician ACI Concrete Field Testing Technician Grade IBNSF Contractor, No. UIBNSFCACA041900697Caltrans Concrete Test Methods 504, 518, 523.1, 533, 539, 540, 556, 557Caltrans Sampling Highway Materials Test Method 125Caltrans Soils Test Methods 105, 201, 202, 217, 227Caltrans Test Methods 125, 216, 231Radiation (Nuclear Gauge) User SafetyUSDOT HAZMat Refresher Training 13 Jacob Huffman Special Inspector ACI Concrete Field Testing Technician Grade ICaltrans Concrete Test Methods 504, 518, 523.1, 533, 539, 540, 543, 556, 557Caltrans Soils and Aggregates Test Methods 105, 125, 201, 202, 205, 216, 217, 226, 227, 229ICC Reinforced Concrete InspectorOSHA Excavation Competent PersonRadiation (Nuclear Gauge) User SafetyUSDOT HAZMat Refresher Training 12 Wilkins Cobian Senior Field Technician ACI Concrete Field Testing Technician Grade IACI Concrete Strength Testing TechnicianBNSF, No. UIBNSFCACAA021901573Caltrans Soils and Aggregates (105, 125, 201, 202, 205, 216, 217, 226, 227, 229)Radiation (Nuclear Gauge) User SafetyUSDOT HAZMat Refresher Training 10 Paul Medina Special Inspector ACI Adhesive Anchor Installation InspectorACI Concrete Field Testing Technician Grade IACI Concrete Strength Testing TechnicianCity of Newport Beach Concrete and Masonry InspectorCity of Los Angeles Deputy Building InspectorCity of Long Beach Epoxy InspectorCity of Long Beach Fire-Proofi ng InspectorCity of Long Beach Prestressed InspectorCity of Long Beach Reinforced Concrete InspectorDSA Masonry Special InspectorICC California Commercial Building InspectorICC Prestressed Concrete Special InspectorICC Reinforced Concrete Special InspectorICC Soils Special InspectorICC Spray-Applied Fireproofi ng Special InspectorICC Structural Steel and Bolting InspectorICC Structural Masonry Special InspectorOSHA Excavation Competent Person Certifi cationUSDOT HAZMat Refresher Training 7 Resumes Resumes of Ninyo & Moore’s qualified Key Staff begin on the following pages. Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 4.12.b Packet Pg. 258 Kurt S. Yoshii, PE, GE, Principal Engineer | Ninyo & Moore | Geotechnical & Environmental Sciences Consultants EDUCATION B.S., Civil Engineering, 1990, University of California, Berkeley REGISTRATIONS/ CERTIFICATIONS PE 54759 (California) GE 2508 (California) PE 14274 (Nevada) PE 3791862202 (Utah) PE 48007 (Colorado) PROFESSIONAL AFFILIATIONS American Society of Civil Engineers American Society for Testing and Materials American Concrete Institute American Council of Engineering Companies American Public Works Association Asian American Architects / Engineers Association Kurt S. Yoshii, PE, GE, ENV SP Principal-in-Charge As a Principal Engineer for Ninyo & Moore, Mr. Yoshii provides principal oversight on geotechnical evaluations and materials testing and inspection for residential, commercial, and public facilities, including correctional facilities, schools, hospitals, highways, railroads, pipelines, and bridges; oversees geotechnical analyses including slope stability analyses, flexible and rigid pavement design, and underground pipeline design; reviews geotechnical reports, and provides geotechnical design parameters and recommendations for grading and earthwork, shallow and deep foundations, retaining structures, and in-situ ground remediation; oversees the soils and materials laboratory operations and provides supervision and technical support to project-level engineers and geologists; as well as provides expert witness services on litigation projects. EXPERIENCE City of Diamond Bar, As-Needed Geotechnical Engineering Services, Diamond Bar, California: Principal-in-Charge providing oversight for as-needed third party geotechnical consulting services associated with the development and construction of residential and public works projects. City of Yorba Linda, As-Needed Geotechnical Engineering, Materials Testing/ Inspection Services, Yorba Linda, California: Principal-in-Charge providing oversight for as- needed geotechnical engineering and construction observation, materials testing and inspection services in support of various City capital improvement projects. City of Rancho Santa Margarita On-Call Geotechnical Consulting Services, Rancho Santa Margarita, California: Principal-in-Charge of our on-call contract to provide geotechnical engineering consulting and material testing services for various City projects. Our services included geotechnical observation and materials testing services for various construction projects including numerous pavement rehabilitation projects, pavement slurry seal, and drainage improvements and third-party review of geotechnical reports for new developments. We have also provided emergency observation of slope failures resulting from heavy rain events and have made multiple presentations to the City Council. City of Anaheim, On-Call Consulting Support for Public Works Development Services, Anaheim, California: Principal Engineer for the as-needed plan check services of various Anaheim projects. This contract included geotechnical consulting services for the review of plans, studies and reports. Our services included third-party reviews of geotechnical reports and plans to evaluate if the plans were in conformance with the recommendations of the geotechnical reports, and that the geotechnical reports appropriately addressed the geotechnical site conditions. One task order involved geotechnical consulting services for the peer review of the liquefaction potential analysis of an approximately one- acre vacant site being evaluated for residential development. County of Orange, Third-Party and Plan Review Services, Orange County, California: Served as Principal-in-Charge for the third-party geotechnical report and plan review services for reports and construction plans submitted to the County of Orange for new development projects within the Rancho Mission Viejo Area of Orange County. The projects included infrastructure improvements and new 4.12.b Packet Pg. 259 residential developments. Geologic hazards present in the Rancho Mission Viejo vicinity include landsliding, global and surficial slope stability, liquefaction and related hazards, and settlement. Orange County Transportation Authority, On-Call Soil and Materials Testing Services, Orange County, California: Served as Principal Engineer providing on-call soils and materials testing services for OCTA under Agreement No. C-2-0707. Services included geotechnical consulting, soils compaction testing, special deputy inspection for reinforced concrete, structural steel and welding, and non- destructive testing at the OCTA bus maintenance and operations facilities. On-Call Geotechnical/Materials Testing and Construction Inspection Services, John Wayne Airport, Orange County, California: Principal-in-Charge retained to provide principal oversight for the on-call geotechnical, materials testing and inspection services for various airport projects located at the John Wayne Airport in Orange County, California. Responsibilities included oversight, review and ensuring Ninyo & Moore’s services were being performed in accordance with the contract documents and to the complete satisfaction of the client. Caltrans District 12/Sampling and Testing Services, #12A1589, Orange County, California: Served as Principal-in- Charge providing oversight for as-needed materials testing services to support the development and construction of State transportation projects in District 12. Services included sampling and testing of concrete, asphalt concrete, subgrade and aggregate base. Laboratory testing services included California Impact Test, R-value, AC extraction, AC maximum density, durability, and flexural strength testing. Port of Long Beach, On-Call Soils and Materials Testing & Inspection Services, Long Beach, California: Project Manager for the on-call materials testing and inspections contract for various Port of Long Beach projects. Responsibilities include contract management, attend site meetings to review project plans and specifications, review and provide project budgets, assign and supervise project managers to awarded projects, project manager of specific awarded projects, daily coordination of field technicians, special deputy inspectors, and laboratory testing services in support of construction projects. City of Pasadena, As-Needed Geotechnical and Materials Testing/Inspection Services, Los Angeles County, California: Served as Principal-in-Charge retained to provide oversight for as-needed geotechnical engineering and construction observation, materials testing and inspection services in support of various city projects. City of Los Angeles, On-Call Geotechnical and Environmental Consulting Services, Los Angeles, California: Principal Engineer for the on-call geotechnical and environmental services contract with the City of Los Angeles Bureau of Engineering, Geotechnical Division. Our services include geotechnical design, environmental hazardous materials evaluation, and geotechnical construction support services. City of Fontana, On-Call Testing and Inspection Services, Fontana, California: Project Manager retained to provide construction and inspection services for various projects for the City of Fontana including sewer construction, channel improvements, roadway rehabilitation and construction, new building construction, surface drainage evaluations, and third party geotechnical reviews. Riverside County Transportation Commission (RCTC) On-Call Materials Testing Services, Riverside County, California: Project Manager for the on-call geotechnical, environmental, and materials testing and inspection services contract with RCTC to support various design and construction projects including geotechnical design services for construction of new Metrolink railroad stations, bridge foundations, highway interchange improvements, parking lot and roadway paving recommendations. His responsibilities included contract management and daily coordination of field technicians, special deputy inspectors, and laboratory testing services, and submittal of the field and laboratory reports, as well as overall management of the soils and materials testing and inspection contract. City of Rancho Cucamonga Various On-Call Contracts Materials Testing and Special Inspection, Rancho Cucamonga, California: Principal Engineer for various on-call geotechnical services, soils, material testing, and special inspection contracts. Kurt S. Yoshii Principal-in-Charge Kurt S. Yoshii, PE, GE, Principal Engineer | Ninyo & Moore | Geotechnical & Environmental Sciences Consultants 4.12.b Packet Pg. 260 Garreth M. Saiki, PE, GE, Principal Engineer | Ninyo & Moore | Geotechnical & Environmental Sciences Consultants EDUCATION MBA, 1998, University of California Davis M.S., Geotechnical Engineering, 1989, University of California Berkeley B.S., Civil Engineering, 1987, University of California Berkeley REGISTRATIONS/ CERTIFICATIONS PE 49665 (California) GE 2509 (California) Nuclear Gauge Operator Certification PROFESSIONAL AFFILIATIONS American Society of Civil Engineers Garreth Saiki, PE, GE Project Manager As a Principal Engineer for Ninyo & Moore, Mr. Saiki coordinates and conducts geotechnical evaluations for residential, commercial, and public facilities, including highways, railroads, airports, pipelines, public and private buildings, and bridges; performs slope stability analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports; and provides geotechnical design parameters and recommendations for shallow and deep foundations, retaining structures, in-situ ground remediation and earthwork; reviews laboratory results, project plans and specifications; provides supervision and technical support to staff- level engineers and geologists; performs project administration and management; and provides forensic evaluation of distressed pavement, residential and commercial structures. EXPERIENCE City of Yorba Linda, As-Needed Geotechnical Engineering, Materials Testing/ Inspection Services, Yorba Linda, California: Served Project Manager for as- needed geotechnical engineering and construction observation, materials testing and inspection services in support of various City capital improvement projects. These projects included the new library and arts center, and the Town Center Parking Structure. City of Rancho Santa Margarita On-Call Geotechnical Consulting Services, Rancho Santa Margarita, California: Served Project Manager to provide overisght for on- call geotechnical engineering consulting services for various projects in the City of Rancho Santa Margarita. Our services included third-party review of geotechnical reports, emergency observation of slope failures resulting from heavy rain events, and geotechnical observation and materials testing services for various construction projects including numerous pavement rehabilitation projects, pavement slurry seal, and drainage improvements. Orange County Transportation Authority, On-Call Geotechnical Consulting, Soil and Materials Testing Services, Orange County, California: Project Manager provided a variety of services, including geotechnical consulting, soils compaction testing, special deputy inspection for reinforced concrete, structural steel and welding, and non-destructive testing at the OCTA bus maintenance and operations facilities. There are over 17 projects-to-date. On-Call Geotechnical/Materials Testing and Construction Inspection Services, John Wayne Airport, Orange County, California: Serving as Project Manager to provide on-call geotechnical engineering, materials testing and inspection services for various airport projects located at the John Wayne Airport in Orange County, California. These projects have included he project included three major elements: 1) Terminal Building Expansion; 2) Parking Structure Expansion and 3) Upper and Lower Roadway E. City of Irvine, On-Call Geotechnical and Materials Testing, Irvine, California: Served as Project Manager for the on-call geotechnical, environmental, and materials testing services, and performing an indoor air quality surveys, and Initial Site Assessment (ISAs) Projects have included the Culver Drive Widening project, the OCGP Western Sector Improvements and the Hicks Canyon Scoreboard. 4.12.b Packet Pg. 261 Garreth M. Saiki, PE, GE, Principal Engineer | Ninyo & Moore | Geotechnical & Environmental Sciences Consultants City of Los Angeles, On-Call Geotechnical and Environmental Consulting Services: Serving as Project Manager providing coordination and contract management for As-needed geotechnical data and investigation reports, construction support services, including geotechnical observation and testing using our Deputy Grading Inspectors, hazardous materials evaluations for soils, groundwater, and building materials, including asbestos and lead paint. Orange County Sanitation District, On-Call Geotechnical, Materials Testing and inspection Services: Project Manager retained to provide on-call geotechnical consulting, soils and materials testing services inspection services for various water projects. These projects include projects at both Plants No.1 and No. 2 as well as other infrastructure projects in the surrounding areas. County of Los Angeles, Department of Public Works, As-Needed Geotechnical, Soils and Materials Testing & Inspection Services, Los Angeles, California: Project Manager retained to provide services to the County of Los Angeles, Department of Public Works ranging from geotechnical design, geotechnical testing and inspection to special inspection services for welding, fireproofing, and reinforced concrete and masonry. Ninyo & Moore has also worked with the Public Works coordination staff in controlling each projects budget from a geotechnical, materials testing, and inspection services point of view. Ninyo & Moore has provided services on various types of projects from pipeline interior documentation to entire new building design and construction. Riverside County Transportation Commission (RCTC) On-Call Materials Testing Services, Riverside County, California: Contract Manager for the on-call geotechnical, environmental, and materials testing and inspection services contract with RCTC. The contract involved various design and construction projects including geotechnical design services for construction of new railroad stations, bridge foundations, highway interchange improvements, parking lot and roadway paving recommendations. County of San Bernardino/Real Estate Services Department/On-Call Professional Services / Geotechnical Consulting / Materials Testing and Inspection Services: Project Manager providing as-needed geotechnical and materials testing and inspection services for the County of San Bernardino Real Estate Services Department. Services included on-call support of a variety of construction projects throughout the County of San Bernardino including the Forensic 2Y65 Crime Lab, the Fontana Crisis Stabilization Unit Facility 7N25, the Morongo Crisis Residential Treatment Facility 7N20, County Government Center Phase 1B site beautification 10.10.0017, and several other projects. Services included geotechnical design, geotechnical observation, materials testing and inspection services for new construction, modernizations, parking lots, shade structures, and site work. Ninyo & Moore’s scope during construction consisted of soils, concrete, masonry, welding, and pull/torque testing. Our laboratory services included proctor density tests, sand equivalent, r-value, compression testing of concrete, grout, and mortar, and moisture vapor emissions testing. Caltrans District 59, Statewide On-call Design Services, California: Served as Project Manager providing geotechnical consulting services for statewide on-call design projects for the State of California, Department of Transportation (Caltrans). The first three task orders involved widening of six bridges along Interstate 101 (I-101) located at the Tujunga Wash, Whitsett Avenue, Coldwater Canyon, Fulton Avenue, Hazeltine Avenue, and Woodman Avenue, as well as the Los Angeles River Bridge along State Route 134 (SR-134). Mr. Saiki performed pavement analyses and prepared the materials report that presented our findings and recommendations. Garreth Saiki Project Manager 4.12.b Packet Pg. 262 Daniel Chu, PhD, PE, GE, Chief Geotechnical Engineer | Ninyo & Moore | Geotechnical & Environmental Sciences Consultants EDUCATION Ph.D., Geotechnical Engineering, 2006, University of California, Los Angeles M.S., Geotechnical Engineering, 1981, Utah State University B.S., Civil Engineering, 1978, National Central University, Chungli, Taiwan REGISTRATIONS/ CERTIFICATIONS RCE 37991 ( California) GE 2096 (California PROFESSIONAL AFFILIATIONS American Society of Civil Engineers California Geotechnical Engineers Association Daniel Chu, PhD, PE, GE Technical Advisor / Geotechnical Engineering As Chief Geotechnical Engineer for Ninyo & Moore, Dr. Chu is responsible for the quality of engineering, technical approach, training of staff, and engineering assignments for the Irvine office. Dr. Chu has extensive experience providing geotechnical engineering for reservoirs, water treatment plants, pump stations, pipelines, tunnels, bridge structures, highways, and commercial developments. Dr. Chu has expertise in soil mechanics, dynamic soil behavior, seismic hazard risk assessment, static and dynamic earth loading, liquefaction, design of deep and shallow foundations, shoring systems, slope stability, erosion control, and pavement design. Dr. Chu has direct project involvement including evaluation of exploration/sampling protocol, analysis of laboratory test results, direction of engineering tasks, review of calculations, and report preparation. EXPERIENCE City of Los Angeles, On-Call Geotechnical and Environmental Consulting Services, Los Angeles, California: Serving as Technical Advisor for the on-call geotechnical and environmental services contract with the City of Los Angeles Bureau of Engineering, Geotechnical Division. Services include geotechnical design, evaluation, environmental hazardous materials evaluation, and geotechnical construction support services. These projects include fire stations, recreational facilities, community centers, and various street projects. On-Call Geotechnical and Materials Testing/Inspection Services, County of Los Angeles, California: Technical Advisor for as-needed engineering testing and inspection services for the County of Los Angeles for various public works project throughout the Counties. Dr. Chu collaborated on the design of exploration and sampling and supervised the engineering providing technical input for the projects. John Wayne Airport, Terminal C Expansion Project, Orange County, California: Served as Technical Advisor during the preliminary geotechnical evaluation for the proposed Terminal Expansion Project. The project included three major elements: 1) Terminal Building Expansion; 2) Parking Structure Expansion and 3) Upper and Lower Roadway E. City of Anaheim, On-Call Professional Service, Anaheim, California: Serving as Chief Geotechnical Engineer providing technical input for geotechnical engineering design of various capital improvement projects. Services include soil engineering, testing and inspection – soil engineering includes preliminary site investigations for roadway and buildings, including foundation design, excavation and backfill, pavement design, and other geotechnical recommendations for the design or construction of City facilities. Orange County Public Works/On-Call Geotechnical Consulting Services, Orange County, California: Served as Technical Advisor for on-call geotechnical services for various water projects located in Orange County. Services included providing Channel improvements; evaluation of slope stability, liquefaction, settlement for evaluation related to liquefaction and loose/soft soils along the channel bottom for the Rossmoor Storm Channel Improvements and the Westminster Channel Improvements. 4.12.b Packet Pg. 263 Michael Putt, PG, CEG, Principal Geologist | Ninyo & Moore | Geotechnical & Environmental Sciences Consultants EDUCATION B.S., Geology, 1997, California State University, Fullerton Applied Rock Slope Engineering Short Course, 2006, Association of Engineering Geologists, California REGISTRATIONS/ CERTIFICATIONS PG 7581 (California) CEG 2341 (California) Radiological Safety and Gauge Use Certification, 1997 PROFESSIONAL AFFILIATIONS South Coast Geological Society Michael Putt, PG, CEG Technical Advisor / Engineering Geology Mr. Putt is a Principal Geologist with Ninyo & Moore and has extensive experience in providing engineering geology consultation in Southern California. Mr. Putt has extensive experience on a variety of project types, including highways, bridges, bore and jack tunneled undercrossings, hillside and flat-land mass grading projects for residential, commercial, and industrial developments, pipelines, and forensic investigations. Mr. Putt performs project administration and management, prepares and reviews geologic and geotechnical reports and provides third party review services for geotechnical reports. He conducts geologic and geotechnical field evaluations, including detailed logging of large- and small-diameter borings and trenches, and geologic evaluation/mapping. Projects have included fault hazard evaluations, landslide studies, slope stability analysis, seismic refraction studies, geologic reconnaissance studies, forensic evaluations, and construction and inspection services. EXPERIENCE City of Diamond Bar, As-Needed Geotechnical Engineering Services, Diamond Bar, California: Project Manager providing as-needed third party geotechnical consulting services associated with the development and construction of residential and public works projects. City of Corona, On-Call Professional Services, Corona, California: Served as Project Manager/ Geologist for on-call geotechnical engineering consulting services for various projects in the City of Corona. Our services included geotechnical observation and materials testing services for various construction projects including pavement rehabilitation and sewer main improvement projects. City of Irvine, On-Call Geotechnical Consulting Services, Irvine, California: Served as Project Manager providing on-call geotechnical, materials testing and inspection services for the City of Irvine Public Works Department for various city projects located throughout the City of Irvine. The majority of the projects were roadway rehabilitation and improvement projects. The projects included both Caltrans and “Greenbook” specifications and test methods. City of Rancho Santa Margarita Plan Review/On-Call Geotechnical Services, Rancho Santa Margarita, California: Served as Project Manager for the on-call geotechnical engineering consulting services for various projects in the City of Rancho Santa Margarita. Services included third-party review of geotechnical reports, emergency observation of slope failures resulting from heavy rain events, and geotechnical observation and materials testing services for various construction projects including numerous pavement rehabilitation projects, pavement slurry seal, and drainage improvements. Foothill Transit On-Call Materials Testing and Inspection, West Covina, California: Principal Geologist retained during on-call materials testing and inspection services for various projects for Foothill Transit. Services included laboratory testing of soil and aggregate base samples, observation and testing during subgrade preparation and placement of aggregate base, observation, sampling and testing during reinforced concrete placement, concrete compression testing, and welding inspection. 4.12.b Packet Pg. 264 Lawrence Lovett, PE, Principal Materials Engineer | Ninyo & Moore | Geotechnical & Environmental Sciences Consultants EDUCATION MBA, 1971, City University of New York, B.S., Civil Engineering, 1960, University of Maryland REGISTRATIONS/ CERTIFICATIONS RCE 50994 (California) QE 3960 (California) PE 16606 (New Jersey) PE 43072 (New York) PE 13352 (Nevada) Lawrence Lovett, PE Technical Advisor / Materials Engineering As a Principal Materials Engineer for Ninyo & Moore, Mr. Lovett conducts investigations and analyses for materials testing and inspection projects, directs and guides materials engineers, technicians and inspectors in compiling and analyzing materials testing and inspection data, authors and reviews materials testing and inspection reports and provides technical guidance and support to the professional staff. EXPERIENCE On-Call Geotechnical/Materials Testing and Construction Inspection Services, John Wayne Airport, Orange County, California: Serving as QA/QC Manager for the on-call geotechnical, materials testing and inspection services for various airport projects at John Wayne Airport. Project include geotechnical design for the co-generation plant; pavement evaluation for all of the airfield, roadways, and parking lot pavements; terminal building security enhancements and building modifications, and geophysical testing for underground utility locating. City of Anaheim, On-Call Professional Services, Anaheim, California: Serving as Technical Advisor providing technical input for geotechnical engineering design of various capital improvement projects. Services include soil engineering, testing and inspection – soil engineering includes preliminary site investigations for roadway and buildings, including foundation design, excavation and backfill, pavement design, and other geotechnical recommendations for the design or construction of City facilities. On-Call Materials Testing Services, San Bernardino, California: Served as Technical Advisor providing as-needed road materials testing services for the County of San Bernardino. Services include on-call support of a variety of transportation construction projects throughout the County of San Bernardino. Our services include roadway rehabilitation/improvement projects that will utilize Caltrans Test Methods for soils and asphalt materials. Norwalk La Mirada Unified School District (NLMUSD), On-Call Soils and Materials Testing and Inspection Services, La Mirada, California: Serving as Technical Advisor for soils and materials testing and special inspection services during the renovation and expansion construction in order to evaluate and document the construction materials and procedures conformance with the approved plans, specifications, and agency regulations as part of NLMUSD’s proposed modernization and expansion project. Port of Long Beach, On-Call Materials Testing and Inspection Services, Long Beach, California: Serving as QA/QC Manager providing on-call materials testing and inspections services in support of various POLB’s Capital Improvements Program. The program consists of a variety of construction contracts and includes demolition of existing facilities (buildings, structures, landscaping, and utility systems); new construction and improvements to intermodal rail yards; roadways; bridges; container terminal development; commercial office buildings; industrial buildings; fire stations; dredging; navigation improvements; utilities; grading and paving; fencing; and communication systems. 4.12.b Packet Pg. 265 Robert M. Bigger | Ninyo & Moore | Geotechnical & Environmental Sciences Consultants REGISTRATIONS/ CERTIFICATIONS Radiation Nuclear Gauge Certification Robert M. Bigger Field Operations Manager As a Field Operations Manager for Ninyo & Moore, Mr. Bigger oversees and manages geotechnical and materials testing and deputy inspection services for various types of underground pipeline, roadway, and new building or structure type projects, as well as provides construction management services on various types of large earthwork construction in order to ensure that each project is constructed in accordance with the project plans and specifications, as well as appropriate building code requirements. He also prepares and submits close-out documentation at the conclusion of each project. EXPERIENCE City of Yorba Linda, On-Call Consulting Services, Yorba Linda, California: Field Operations Manager providing retained for as- needed geotechnical engineering and construction observation, materials testing and inspection services in support of various City capital improvement projects. Orange County Sanitation District, On-Call Geotechnical, Materials Testing and Inspection, Orange County, California: Serving as Field Operations Manager for the geotechnical consulting, soils and materials testing services inspection services for various water projects. These projects include projects at both Plants No.1 and No. 2 as well as other infrastructure projects in the surrounding areas County of Orange, On-Call Geotechnical and Materials Testing, Orange County, California: Served as Field Operations Manager providing on-call geotechnical, materials testing services during the various construction and reconstruction type projects located throughout Orange County, California. Our geotechnical and materials engineering, as well as field materials testing and deputy inspection personnel, have worked closely with the Orange County Public Works Department staff in order to see that each project is constructed in accordance with the approved documents. These projects included roadway, bridges, parks, and other capital improvements. City of Norwalk, On-Call Materials Testing Services, Norwalk, California: Served as Field Operations Manager providing on-call construction materials testing services during the various construction and reconstruction type projects located throughout the City of Norwalk. Our geotechnical engineering, as well as field testing and deputy inspection personnel have worked closely with the City of Norwalk, Department of Public Works staff, in order to assist in them in ensuring that each project is constructed in accordance with the approved documents. Services have included geotechnical and materials testing services for various roadway reconstruction projects, as well as geotechnical engineering, testing, and inspection, as well as materials testing and deputy inspection services for the Vista Verde Park Restroom Building Replacement project. County of Los Angeles Department of Public Works, Los Angeles County, California: Serving as Project Manager providing project coordination and management for soils and material testing, as well as special inspection services during construction of various types of new building, as well as new park construction throughout the county. Provided submittal review to evaluate the construction materials conformance with the appropriate project specification, or Caltrans and Standard Specification requirements. Robert M. Bigger Field Operations Manager 4.12.b Packet Pg. 266 Rajindra Handapangoda, PE, GE | Ninyo & Moore | Geotechnical & Environmental Sciences Consultants EDUCATION B.S., Civil & Environmental Engineering, 2005, University of California, Los Angeles M.S., Geotechnical & Earthquake Engineering, 2006, University of California, Los Angeles REGISTRATIONS/ CERTIFICATIONS PE 73171 (California) GE 2998 (California) PROFESSIONAL AFFILIATIONS American Society of Civil Engineers Mr. Rajindra Handapangoda, PE, GE, assists with acquisition, documentation, and dissemination of data related to all phases of geotechnical investigations; assists with compiling and analyzing geotechnical data obtained from both field and office research; assists with technical tasks involving data compilation, calculations, analysis, and design for design projects and/or repair recommendations; coordinates and supervises subsurface drilling activities; conducts investigations of subsurface conditions including site reconnaissance, mapping and logging of exploratory borings; coordinates with support staff consisting of technical illustrators, field and laboratory technicians, and word processors; and prepares correspondence, permit requests, geotechnical reports and other documents. EXPERIENCE City of Anaheim On-Call Consulting Support Services, Anaheim, California: Geotechnical Task Manager retained to provide geotechnical as-needed plan check services for various projects within the City of Anaheim, Cali-ornia. The work covered by this contract included geotechnical consulting services for the review of plans, studies and reports. These services were anticipated to be needed for various commercial and residential development projects. Our anticipated services included third-party reviews of geotechnical reports and plans to evaluate if the plans were in conformance with the recommendations of the geotechnical reports, and that the geotechnical reports appropriately addressed the geotechnical site conditions. City of Los Angeles, On-Call Geotechnical and Environmental Consulting Services, Los Angeles, California: Geotechnical Task Manager retained for the on-call geotechnical and environmental services contract with the City of Los Angeles Bureau of Engineering, Geotechnical Division. Services include geotechnical design, evaluation, environmental hazardous materials evaluation, and geotechnical construction support services. These projects include fire stations, recreational facilities, community centers, and various street projects. Port of Long Beach, On-Call Geotechnical Professional Services, Long Beach, California: Geotechnical Task Manager retained to provide Geotechnical Engineering Professional Services for development, expansion and/or improvements of general marine terminal, infrastructure, and other Port-related facilities on an on- call basis. Services will include geotechnical investigations, collection and analysis of soil samples, collection and review of geological and geotechnical data from previous investigations, seismic hazard reviews, engineering analysis and design, permitting support and construction support services, subsurface utility investigations, Ground Penetrating Radar (GPR) pavement investigations and design, and laboratory testing services. Projects include 3rd party geotechnical review services for the Tesoro Facility Soil Improvement Project at Berths B84-B85 and the third-party review for the Fireboat Station 20 Facility project at Pier D, Berth 50 in Long Beach, California. Our services have also included attending meetings at the Port of Long Beach to present review comments in a meeting format to POLB personnel. Rajindra Handapangoda, PE, GE Geotechnical Engineer 4.12.b Packet Pg. 267 16 B. Ninyo & Moore’s Experience/References The following table lists references from public agencies for which Ninyo & Moore provided similar services of the nature and scope in the City of Diamond Bar RFP. Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 Project Name/ Scope/Size Agency Start/End Dates Key Staff City of Diamond Bar On-Call Engineering Services On-call geotechnical engineering services including third party geotechnical consulting services associated with the development and construction of residential and public works projects City of Diamond Bar 2011-2021 Kurt Yoshii- Principal Engineer City of Yorba Linda On-Call Engineering Services On-call geotechnical engineering consulting, third-party review, emergency services, and material testing services for various city projects City of Yorba Linda 2011-2020 Garreth Saiki- Project Manager Kurt Yoshii- Principal Engineer Robert Bigger- Field Operations Manager On-Call Geotechnical and Materials Testing On-call geotechnical, environmental, and materials testing services, and performing an indoor air quality surveys, and Initial Site Assessment (ISAs) City or Irvine 2013-2016 2016-2019 (new Contract) Garreth Saiki- Project Manager Matt Harrell- Project Manager Soumitra Guha- Principal Engineer On-Call Geotechnical & Environmental Services As-needed geotechnical data and investigation reports, construction support services, including geotechnical observation and testing using our Deputy Grading Inspectors, hazardous materials evaluations for soils, groundwater, and building materials, including City of Los Angeles Bureau of Engineering 2013-2022 Garreth Saiki- Project Manager Kurt Yoshii- Principal Engineer Robert Bigger- Field Operations Manager Michael Cushner- Environmental Scientist On-Call Geotechnical Consulting Services Providing on-call third party geotechnical engineering/geologic hazard/grading report review services County of Orange 2017-2020 Garreth Saiki- Project Manager Kurt Yoshii- Principal Engineer Michael Putt- Project Geologist I would like to extend my appreciation for all of Ninyo & Moore’s support on our Orange County Great Park Project. Ninyo & Moore, per our agreement, responds to our requests within 4 hours to assist with identifi cation, abatement, remediation, or legal disposal of contaminated soil, lead based paint, asbestos-containing materials, underground tanks, drums, wastes, and the litany of other materials used and or abandoned. Ninyo & Moore’s range of technical expertise, commitment, and responsiveness demonstrates the company’s major strengths which exemplify excellent client service and a high level of responsiveness. - Gregg Gipe, Project Development City of Irvine 4.12.b Packet Pg. 268 17 C. Project Understanding Ninyo & Moore understands that the scope of work for this contract will consist of Land Development Services as well as General Engineering Services. The Land Development Services could include tasks such as a preliminary design review of proposed projects/developments prior to Planning Commission approval, providing third-party reviews of geotechnical reports, grading reports, and grading plans for private developments, providing inspection services for grading projects including compaction testing, and attending meetings with City staff including meetings for pre-construction, design review, construction inquiry, and general clarification. Engineering Services could include tasks to provide geotechnical (soils) evaluation that include geotechnical analysis, laboratory testing, preliminary and final design recommendations, as well as inspection services during grading operations, slope stabilization, and street and facility improvements that are located on City property or City right-of-way. Based on our understanding of the City of Diamond Bar and past projects in the area, we know that particular attention should be paid to areas located in seismic hazard zones within the City limits. Ninyo & Moore will utilize the project management style and approach that we have successfully developed for past and current on-call contracts with public agencies, including the City. Throughout the contract duration, Mr. Garreth Saiki, our proposed Project Manager, will meet with the representative(s) of the City to discuss task order assignments and the anticipated services required for those projects. Upon notification of a task order request, we will commence our services. Our approach to our materials testing, pavement mix design, and inspection services is described in the following flow chart, which outlines the typical steps we follow for performance of our services. The paragraphs that follow the flow chart describe the typical services for each step in the flow chart. 1. Develop Scope of Work – The initial step in our approach is to meet with the City’s Project manager in order to get clear understanding of the project and our expected services. For the geotechnical evaluation, we will develop a detailed scope of work, including the number and type of subsurface explorations, laboratory test, as well as the type of analyses. Our reports will be performed in accordance with the governing agency requirements, including Caltrans for pavements and the California Building Code and for building structures. For the materials testing and inspection services, we will review the approved plans and specifications and will develop a detailed scope of services indicating anticipated man-hours by discipline for the required materials testing and inspection services in accordance with approved plans and specifications. We will submit this plan to the City’s Project Manager for approval and will provide monthly updates to the City’s Project Manager as construction progresses. 2. Project Personnel Utilization – Upon approval of our scope of work, we will assign the appropriately certified personnel to the project based on the specific needs of the project. Our large pool of licensed professional Geotechnical Engineers, Civil Engineers, and Certified Engineering Geologists will be utilized for our geotechnical investigation. Our project management approach and in-house computerized data base ensure that we have the appropriately certified personnel assigned during Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 4.12.b Packet Pg. 269 18 construction. We will also review the contractor’s schedule in order to plan accordingly and anticipate the future inspections and testing requests. 3. Sampling Protocol and Document Control – We will next establish the sampling protocols required for the project. For our design projects, our field evaluation and sampling program will be based on the proposed project’s features and requirements. Locations of exploratory excavations and sampling intervals will be established to meet the project design requirements. For construction projects, or sampling will be based on the project specifications and the requirements of the California Building Code, Caltrans, Greenbook, and other governing specifications. Our document control system, which is already operational and in-place, provides unique identification of daily reports and laboratory conformance testing for each project assignment. These systems are a part of our Quality Systems Program and will be utilized for each task order assignment. 4. Establish Communication Lines – The next step in our approach is to establish the communication lines for the project, including the authorized City representative who will overseeing our services. For design projects, we will also request a list of stakeholders or other entities that we may need to coordinate with to perform our field investigation. For construction, we will request the approved distribution list for our inspection reports, daily field reports, and laboratory conformance test results. Often we will attend pre-construction meetings with the contractor and obtain from the City the approved distribution list for our materials testing and inspection reports as well as our laboratory conformance testing results. We will also provide the City representatives with our personnel’s mobile telephone numbers and e-mail addresses for communication during the project. We will also establish the communication lines between the City’s Project Manager and inspectors, and the contractors’ and sub-contractors’ representatives. 5. Utilize Our Project Controls – Ninyo & Moore utilizes an internal project control system that includes budget, schedule, and document review and control. Our project manager will utilize our in-house system to keep the City’s Project Manager informed about the status of our services during both our geotechnical investigation phase and for our materials testing and inspection services during construction. We include monthly progress reports indicating the amount billed to date along with a comparison to the overall task order budget and the overall construction schedule. Our quality control includes review of our laboratory conformance test results by a California licensed Civil Engineer and geotechnical analysis review by a California licensed Geotechnical Engineer. 6. Perform Field and Laboratory Testing – For our design services, once we have written notice to proceed from the City, we will mobilize our field exploration services, which includes coordination with Underground Service Alert for utility clearance of our subsurface explorations. Samples from our exploratory explorations will be transported to our Irvine laboratory for testing. For construction services, we will provide the necessary personnel and equipment to inspect and test the construction materials quality and contractor’s construction methods in order to document conformance to the project plans and specifications. We will also sample the construction materials as required and perform laboratory conformance tests as specified in accordance with the approved plans and specifications. The results of our inspections and tests will be forwarded to the City representatives at the end of each working day. Immediate notification will be provided via phone, e-mail, and/or fax if we find non-conformance in materials or workmanship. Our team’s laboratory facilities will perform 100 percent of the soils and materials laboratory work for this contract. They are certified in compliance with ASTM E-329 and are approved/accredited by the America Association of State Highway Officials (AASHTO), the Cement and Concrete Reference Laboratory (CCRL), Caltrans, Division of the State Architect (DSA), and other regulatory agencies. 7. Quality Assurance Review – We understand the importance of reliability engineering reports and our inspections and test results. Therefore, we have a Quality Assurance Plan in place that provides written procedures for our services. Our Quality Assurance Plan is overseen by a California licensed Civil Engineer and include review of our training procedures, as well as participation in third party review and inspection of our facilities. All of our laboratory conformance tests are reviewed by a California licensed engineer prior to submittal. Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 4.12.b Packet Pg. 270 19 8. Reports – Written reports are required for project documentation. We will submit our written reports, including both our geotechnical investigation report and our written reports during construction, as established in the communications structure for the project that was determined during the project initiation stage. Passing tests and inspections will be filed in accordance with the document control system. Non-conforming reports will be maintained in a non-conformance log that will be maintained by our office. Non-conformance areas will need to be remedied in accordance with the project requirements. When non- conforming materials or workmanship are remedied, we will document the acceptance in the non-conformance log for project close-out purposes. 9. Project Close-Out – TThe final step in our approach is the closing out of the project and providing the project documentation, as it relates to materials testing and inspection, to the City. Scheduling / Turnaround Time Ninyo & Moore’s project managers are available throughout the duration of all project assignments. Twenty-four-hours-a-day, seven-days-a-week, point-of- contact telephone/cell phone numbers are provided to the designated project manager/representative(s). Client requests are addressed immediately and emergency response to those projects requiring it is provided throughout the duration of the project. If required, Ninyo & Moore project managers can accelerate project scheduling without compromising quality by adding additional professional staff and working extended hours and weekends. Ninyo & Moore has several facsimile machines, courier, and e-mail services for purposes of transmit-ting/sending information immediately following such requests. Ninyo & Moore maintains its exceptional reputation in the industry by providing quality technical expertise and by meeting schedules with strict time constraints. Ninyo & Moore utilizes a phased project approach that enables scheduling of project personnel and equipment such that the scope of work/task orders can be accomplished within the required time limit. Ninyo & Moore routinely schedules approximately 50 projects per month and almost all (98%) come in on schedule. The reason for this high rate of success is that the firm’s management teams draw from in-house resources, as needed, to meet specific project needs. If the project is delayed, (e.g., adverse weather, equipment breakdowns, etc.), Ninyo & Moore’s project manager immediately informs the client and works with the client to develop a satisfactory new schedule. Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 4.12.b Packet Pg. 271 20 Schedule of Fees Hourly Charges for Personnel Professional Staff Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 195 Senior Engineer/Geologist/Environmental Scientist ................................................................................................ $ 190 Senior Project Engineer/Geologist/Environmental Scientist .................................................................................... $ 185 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 175 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 150 Staff Engineer/Geologist/Environmental Scientist ................................................................................................... $ 145 GIS Analyst ............................................................................................................................................................... $ 125 Technical Illustrator/CAD Operator .......................................................................................................................... $ 103 Field Staff Certified Asbestos/Lead Technician ........................................................................................................................ $ 185 Field Operations Manager ........................................................................................................................................ $ 125 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 119 Supervisory Technician ............................................................................................................................................ $ 115 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) ............................................. $ 109 Senior Technician ..................................................................................................................................................... $ 108 Technician ................................................................................................................................................................ $ 103 Administrative Staff Information Specialist ............................................................................................................................................... $ 85 Geotechnical/Environmental/Laboratory Assistant .................................................................................................. $ 80 Data Processor ......................................................................................................................................................... $ 75 Other Charges Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ............................................................................................ $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer .......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit ............................................................................................................................................... $ 65/kit Nuclear Density Gauge ........................................................................................................................................ $ 12/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................. $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ......................................................................................................................................................... $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses .....................................................................................................................................Cost plus 15 % Special equipment charges will be provided upon request. Notes For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays. Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable. The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form. Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 D. Fee Schedule 4.12.b Packet Pg. 272 21 Schedule of Fees for Laboratory Testing SOILS CONCRETE Atterberg Limits, D 4318, CT 204 ............................................................. $ 170 Compression Tests, 6x12 Cylinder, C 39 ................................................... $ 35 California Bearing Ratio (CBR), D 1883 ................................................... $ 550 Concrete Mix Design Review, Job Spec ..................................................... $ 300 Chloride and Sulfate Content, CT 417 & CT 422 .................................... $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ............................... $ 850 Consolidation, D 2435, CT 219 ................................................................. $ 300 Concrete Cores, Compression (excludes sampling), C 42 ........................ $ 120 Consolidation, Hydro-Collapse only, D 2435 ........................................... $ 150 Drying Shrinkage, C 157 .............................................................................. $ 400 Consolidation – Time Rate, D 2435, CT 219 ........................................... $ 200 Flexural Test, C 78 ....................................................................................... $ 85 Direct Shear – Remolded, D 3080 ............................................................ $ 350 Flexural Test, C 293 ..................................................................................... $ 85 Direct Shear – Undisturbed, D 3080 ......................................................... $ 300 Flexural Test, CT 523 ................................................................................... $ 95 Durability Index, CT 229 ............................................................................ $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................ $ 275 Expansion Index, D 4829, IBC 18-3 ......................................................... $ 190 Lightweight Concrete Fill, Compression, C 495 ......................................... $ 80 Expansion Potential (Method A), D 4546 ................................................. $ 170 Petrographic Analysis, C 856 ....................................................................... $ 2,000 Geofabric Tensile and Elongation Test, D 4632 ...................................... $ 200 Restrained Expansion of Shrinkage Compensation ................................... $ 450 Hydraulic Conductivity, D 5084 ................................................................. $ 350 Splitting Tensile Strength, C 496 ................................................................. $ 100 Hydrometer Analysis, D 422, CT 203 ....................................................... $ 220 3x6 Grout, (CLSM), C 39 ............................................................................. $ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils .......................... $ 120 2x2x2 Non-Shrink Grout, C 109 ................................................................. $ 55 Moisture Only, D 2216, CT 226 ................................................................ $ 35 Moisture and Density, D 2937 ................................................................... $ 45 ASPHALT Permeability, CH, D 2434, CT 220 ........................................................... $ 300 Air Voids, T 269 ............................................................................................ $ 85 pH and Resistivity, CT 643 ........................................................................ $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) ............................. $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180 ....................... $ 220 Asphalt Mix Design Review, Job Spec ........................................................ $ 180 Proctor Density with Rock Correction D 1557.......................................... $ 340 Dust Proportioning, CT LP-4 ........................................................................ $ 85 R-value, D 2844, CT 301 ........................................................................... $ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 .................... $ 250 Sand Equivalent, D 2419, CT 217 ............................................................ $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ........................ $ 150 Sieve Analysis, D 422, CT 202 ................................................................. $ 145 Film Stripping, CT 302 .................................................................................. $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202 ............................................ $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .......................... $ 225 Specific Gravity, D 854 .............................................................................. $ 125 Marshall Stability, Flow and Unit Weight, T 245 ......................................... $ 240 Thermal Resistivity (ASTM 5334, IEEE 442) ........................................... $ 925 Maximum Theoretical Unit Weight, D 2041, CT 309 .................................. $ 150 Triaxial Shear, C.D, D 4767, T 297 ........................................................... $ 550 Moisture Content, CT 370 ............................................................................ $ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................ $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 ............. $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ....................... $ 350 Slurry Wet Track Abrasion, D 3910 ............................................................. $ 150 Triaxial Shear, U.U., D 2850 ..................................................................... $ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) .................. $ 4,900 Unconfined Compression, D 2166, T 208 ................................................ $ 180 Superpave, Gyratory Unit Wt., T 312 .......................................................... $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 ................................. $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308 ............................................. $ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 ........... $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 .............................................. $ 90 Brick Compression Test, C 67 .................................................................. $ 55 Voids filled with Asphalt, (VFA) CT LP-3 ..................................................... $ 90 Brick Efflorescence, C 67 .......................................................................... $ 55 Wax Density, D 1188 ................................................................................... $ 140 Brick Modulus of Rupture, C 67 ................................................................ $ 50 Brick Moisture as received, C 67 .............................................................. $ 45 AGGREGATES Brick Saturation Coefficient, C 67 ............................................................. $ 60 Clay Lumps and Friable Particles, C 142 .................................................... $ 180 Concrete Block Compression Test, 8x8x16, C 140 ................................. $ 70 Cleanness Value, CT 227 ............................................................................ $ 180 Concrete Block Conformance Package, C 90 ......................................... $ 500 Crushed Particles, CT 205 ........................................................................... $ 175 Concrete Block Linear Shrinkage, C 426 ................................................. $ 200 Durability, Coarse or Fine, CT 229 .............................................................. $ 205 Concrete Block Unit Weight and Absorption, C 140 ................................ $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 Cores, Compression or Shear Bond, CA Code ....................................... $ 70 Flat and Elongated Particle, D 4791 ............................................................ $ 220 Masonry Grout, 3x3x6 prism compression, C 39 .................................... $ 45 Lightweight Particles, C 123 ......................................................................... $ 180 Masonry Mortar, 2x4 cylinder compression, C 109 ................................. $ 35 Los Angeles Abrasion, C 131 or C 535 ....................................................... $ 200 Masonry Prism, half size, compression, C 1019 ...................................... $ 120 Material Finer than No. 200 Sieve by Washing, C 117 .............................. $ 90 Masonry Prism, Full size, compression, C 1019 ...................................... $ 200 Organic Impurities, C 40 ............................................................................... $ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 ............... $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 .................... $ 950 Chemical Analysis, A 36, A 615 ................................................................ $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ................... $ 475 Fireproofing Density Test, UBC 7-6 .......................................................... $ 90 Sand Equivalent, T 176, CT 217 ................................................................. $ 125 Hardness Test, Rockwell, A 370 ............................................................... $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 ........................................ $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................. $ 145 per assembly, A 325 ............................................................................. $ 150 Sodium Sulfate Soundness, C 88................................................................ $ 450 Mechanically Spliced Reinforcing Tensile Test, ACI ............................... $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .......................... $ 115 Pre-Stress Strand (7 wire), A 416 ............................................................. $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ............................... $ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 ..................... $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ........................ $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ...................... $ 80 Roofing Tile Absorption, (set of 5), C 67 ..................................................... $ 250 Roofing Tile Strength Test, (set of 5), C 67................................................. $ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 4.12.b Packet Pg. 273 22 E. Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of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inyo & Moore | City of Diamond Bar On-Call Geotechnical Engineering Services | P04-03206 | April 26, 2021 4.12.b Packet Pg. 274 1 CONSULTING SERVICES AGREEMENT Design Professional THIS AGREEMENT (the "Agreement") is made as of June 15, 2021 by and between the City of Diamond Bar, a municipal corporation ("City") and Leighton and Associates, Inc. a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the On-Call Geotechnical Engineering services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Fabian Aoun, Associate Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2021, and shall continue until June 30, 2024 unless earlier terminated pursuant to the provisions herein. Any increase in compensation will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of The City shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: 4.12.c Packet Pg. 275 2 services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Sixty-Thousand Dollars ($60,000) per Fiscal Year without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount invoiced the City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. 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, 4.12.c Packet Pg. 276 3 assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal, State agency, including the Public Employee Retirement System, 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, its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a business license with the City of Diamond. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall indemnify and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractors; (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the 4.12.c Packet Pg. 277 4 Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. (4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier 4.12.c Packet Pg. 278 5 giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant 4.12.c Packet Pg. 279 6 covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event 4.12.c Packet Pg. 280 7 no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City's Project Manager, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Reserved 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Reserved 4.12.c Packet Pg. 281 8 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 4.12.c Packet Pg. 282 9 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY” Leighton and Associates, Inc. City of Diamond Bar 10532 Acacia Street, Suite B6 21810 Copley Drive Rancho Cucamonga, CA 91730 Diamond Bar, CA 91765-4178 Attn.: Phil Buchiarelli Attn.: Daniel Fox Phone: 909-527-8778 Phone: 909-839-7010 E-Mail: pbuchiearelli@leightongroup.com E-mail: dfox@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. 4.12.c Packet Pg. 283 4.12.c Packet Pg. 284 Proposal to Provide On-Call Geotechnical Engineering Services PREPARED FOR City of Diamond Bar, Department of Public Works April 26, 2021 4.12.c Packet Pg. 285 10532 Acacia Street, Suite B-6 ■ Rancho Cucamonga, CA 91730 (909) 484-2205 ■ Fax (909) 484-2170 ■ www.leightongroup.com April 26, 2021 Proposal No. RC21-110 City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, California 91765-4177 Attention: Mr. Fabian Aoun, P.E., Associate Engineer Subject: Proposal to Provide On-Call Geotechnical Engineering Services Leighton and Associates, Inc. (Leighton) is pleased to present this proposal to provide On-Call Geotechnical Engineering Services to the City of Diamond Bar (City) in response to your Request for Proposal (RFP) dated April 12, 2021. Leighton has been providing geotechnical consultation to the City since October 1991. Our 30 years of dedicated service with the City of Diamond primarily consists of third-party reviews of soils and geology reports submitted for development within the City. We have also conducted geotechnical investigations and provided observation and testing services for new capital improvement projects and testing for street, trail and park improvements. Leighton proposes to continue to work in partnership with you and your staff to provide on-call geotechnical engineering services that is on time, within budget, and of appropriate quality. Leighton understands that the timely application of consulting services is vital to the operations of the Department of Public Works and Department of Community Development Services at the City of Diamond Bar. As your consultant, Leighton is qualified, experienced, well-staffed and well-prepared to provide geotechnical consultation and soils testing expertise in the planning and implementation stages of your projects, as well as third-party review of geotechnical reports submitted by others to the City. With the retirement of Phil Buchiarelli, PG, CEG, who served as the project manager to the City for 30 years, Leighton is proposing Jason Hertzberg, PE, GE as your new project manager and point of contact. Having worked closely with Phil and served as the lead project engineer for 20+ years to the City, we are confident that Jason will maintain our services seamlessly. This will also ensure that that the integrity of our historical project knowledge stays intact. Without the need to start from scratch with legacy projects, we will be able to remain timely with our responses and services. Our in-depth and vast experience with the City demonstrates quality of our work and our responsiveness to your requests. We appreciate the opportunity to continue our long professional relationship with the City of Diamond Bar. If you have any questions regarding our qualifications, please feel free to call us at your convenience at 866-LEIGHTON followed by our extensions or via email listed below. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. Jason D. Hertzberg, PE, GE Principal Geotechnical Engineer jhertzberg@leightongroup | Ext. 8772 4.12.c Packet Pg. 286 1/2 DEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA OFFICIAL NOTICE REQUEST FOR PROPOSALS ON-CALL GEOTECHNICAL ENGINEERING SERVICES ADDENDUM NO. 1 The following changes to the Request for Proposal for the above project shall be incorporated into the Request for Proposal as part of this project. The Consultant shall sign this page as acknowledgement of receipt of Addendum No. 1 and attach it to the proposal. David G. Liu, P.E. Date Director of Public Works/City Engineer Consultant’s Authorized Signature 4.12.c Packet Pg. 287 2/2 CITY OF DIAMOND BAR ADDENDUM NO. 1 The following questions were asked regarding the Request for Proposal: 1. How many total contracts will be awarded? a. The City of Diamond Bar will award at least two (2) On-Call Geotechnical Engineering Services contracts. 2. What will the value of the contract be? a. The City of Diamond Bar’s current On-Call Geotechnical Consultants each have an annual not-to-exceed contract amount of $60,000. 3. Who are the City’s current On-Call Geotechnical Engineering Consultants? a. The City of Diamond Bar is currently contracted with Leighton and Associates, Inc., Ninyo & Moore, Inc., and Willdan Geotechnical Inc. for On-Call Geotechnical Engineering Services. 4. There appears to be a discrepancy in the proposal due date. When are proposals due? a. Proposals are Due on or before Tuesday, April 27, 2021 at 2:00 PM. 4.12.c Packet Pg. 288 City of Diamond Bar | On-Call Geotechnical Engineering Services 1 INTRODUCTION BRIEF FIRM OVERVIEW Leighton and Associates, Inc. (Leighton) is an award-winning engineering firm, recognized by ENR as a 2020 Top Design Firm, that provides turnkey geotechnical, environmental, and materials testing and special inspection services to public- and private- sector clients throughout Southern California. We have eight offices throughout the region and a workforce of 175, including 60+ California-licensed professionals, certified laboratory and field technicians, and special inspectors. CITY OF DIAMOND BAR DEDICATION AND EXPERIENCE Since 1991, Leighton has served as the geotechnical consultant for the City of Diamond Bar (City), providing review for over 100 projects in the City ranging from slope repairs to large tract residential development. Projects we have been involved in include testing for R-value during Grand Avenue improvements, geotechnical observation and testing during construction of the Pantera Dog Park improvements and during construction of the Sycamore Canyon Park Phase 4 Trail improvements. Leighton also has vast experience with the adjacent Industry Business Center projects as well as the current Grand Avenue Widening into the golf course in Diamond Bar Our team will to work in partnership with you and your staff, on an on-call basis, with efficient geotechnical solutions intended to help your projects be on time, within budget, and of high quality. 30 Years of Dedicated Geotechnical Services to the City of Diamond Bar With our 30-year history of experience with the City, we are highly knowledgeable with the City’s geotechnical conditions that come with a hillside community – slope stability, expansive soils, challenging topography, and high groundwater tables – and understand that slope stabilization and hillside management is of high importance. Our experience with the City, knowledge of local requirements, and our geotechnical expertise will help excavation, grading, and earthwork adhere to the City’s Hillside Management codes and regulations. Years in Business 60 (Est. 1961) Years with City of Diamond Bar 30 Project Manager Jason Hertzberg, PE, GE Principal Engineer 909.527.8772 direct 909.354.6867 mobile jhertzberg@leightongroup.com Local Office 10532 Acacia Street, Suite B-6 Rancho Cucamonga, CA Services Geotechnical Engineering Soils Observation and Testing Environmental Consulting Materials Testing & Special Inspection Registered Professionals Professional Engineers Geotechnical Engineers Professional Geologists Certified Engineering Geologists Additional Office Locations Irvine (HQ)* Los Angeles Palm Desert San Diego* Santa Clarita Temecula* Ventura * Accredited geotechnical and materials testing laboratory on site 4.12.c Packet Pg. 289 City of Diamond Bar | On-Call Geotechnical Engineering Services 2 Based on the City’s General Plan (General Plan 2040), we understand that the City anticipates an increase in land development projects, namely retail, commercial, multi-family mixed-use; transit-oriented mixed-use; and infill/redevelopments. The future completion of the SR-57/60 Confluence Improvement project is expected to have a positive impact towards the economic growth and development of the City as well. Based on this projected growth, it is our goal to remain dedicated to the City, just as we have for the last 30 years, to augment your professional services and assist with project workload requiring fast turn-around times and work within the constraints of your budget. QUALIFICATIONS Leighton’s qualifications to provide on-call geotechnical engineering services to the City include: ◼ 30 years of unmatched experience reviewing development projects within the city, knowledge of agency requirements, and successfully working with City staff with a partnership approach ◼ Intimate knowledge of geological and geotechnical site conditions in the city, including vast experience in the Puente Formation that underlies the majority of the city. This is an anisotropically weak bedrock material that potentially poses significant slope instability hazards with dipping bedding planes (planes of weakness). We have been involved in many successful grading projects in the region within this challenging material. ◼ Continuous and uninterrupted plan review services for the ongoing proposed Single- Family Residences, Lots 1 through 48, Tentative Tract 53430, Rocky Trail since the early 2000s – a geotechnically challenging development with significant consideration for protection of offsite slopes and properties ◼ 60-year history of local and regional geotechnical investigation experience ◼ Proven expertise with a legacy of award-winning engineering solutions for technically challenging sites ◼ Extensive database of local, historical aerial photographs, published reports, and maps that aid in saving time and money ◼ Vast experience on public works on-call projects with proven ability to manage on-call contracts and quickly mobilize personnel resources ◼ Observation and testing of millions of cubic yards of grading and earth work every year ◼ The most extensive geotechnical laboratory services in California with two locations to serve your needs. LABORATORY FACILITIES Our turnkey engineering services include the benefits of three geotechnical testing laboratories accredited by Caltrans, AASHTO, DSA, OSHPD, and USACE. We provide both standard ASTM and Caltrans testing and can respond with additional testing methods modified to meet specific field and/or contract conditions. We offer a wide variety of routine tests as well as highly sophisticated test programs in support of research and development. The tests we offer run the 4.12.c Packet Pg. 290 City of Diamond Bar | On-Call Geotechnical Engineering Services 3 gamut from simple methods (pH and sieve analyses) to complex tests such as triaxial and torsional shear strength. We adhere to a strict annual calibration and maintenance program. All of our lab equipment is calibrated, the majority by a third party, to ensure proper operation and production of high quality results. Documented calibrations are performed on annually and are available for review. PROJECT TEAM & RESUMES Our 30 years of dedicated service with the City of Diamond involved Phil Buchiarelli, PG, CEG, as project manager without interruption, along with Jason Hertzberg, PE, GE, as the lead principal engineer for 20+ years. With the retirement of Phil in 2020 and to allow for a seamless transition, our new proposed project manager will be Jason. This will ensure that that the integrity of our historical project knowledge stays intact. Without the need to start from scratch with legacy projects, we will be able to remain timely with our responses and services. Supporting Jason as principal-in-charge will be Tom Benson, PE, GE. Tom has over 35 years of geotechnical expertise and has experience providing as-needed geotechnical review services to the City for many years. Additionally, we will have Steve Okubo, PG, CEG step into the lead engineering geologist role. With 20 years of geological and geotechnical experience, and with six of those years under the wing of Phil, Steve’s expertise in hillside earthwork and slope stability will be beneficial in helping projects to comply with the City’s Hillside Management requirements. For field soils/materials testing and inspection during construction projects, we propose senior engineering technician Brandon Thomas as the key field soils/materials technician because he has performed these exact services for the City of Diamond Bar and similar client agencies. A depiction of our team organization is shown here. Our team members will be made available and committed to City on-call task orders for the entire duration of the contract. In the unlikely event that a change in staff occurs, a written request will be submitted to the City for approval. 4.12.c Packet Pg. 291 City of Diamond Bar | On-Call Geotechnical Engineering Services 4 JASON HERTZBERG, PE, GE TITLE: PRINCIPAL ENGINEER | ROLE: PROJECT MANAGER On-Call Geotechnical Testing Services and Pavement Rehabilitation, Diamond Bar, CA. Associate Engineer responsible for third-party review of geotechnical reports for developments planned within the City, plus geotechnical monitoring during construction of large development projects. He has completed plan review for over 100 projects in the City ranging from slope repairs to large tract residential development. Also provided geotechnical recommendations for mitigation for potential instability of the Potrero Creek Banks adjacent to the development and at the locations of three planned bridge structures. Industry East End Development, City of Industry, CA. Project Engineer during multiple geotechnical investigations and during multiple construction phases to construct water and recycled pipelines, sewers, channelization of natural streams, storm drains, two bridges, and other infrastructure improvements. The projects included stabilization of slopes in this area of approximately 600 acres of moderate to steep hillside terrain in the eastern Puente Hills adjacent to Diamond Bar. Significant geotechnical issues included ground water removal, wet and soft subgrade at pipeline foundation level and stabilization of several large landslides. Various Campuses, Pomona Unified School District, Pomona, CA. Project Engineer/Manager for geologic and soils investigation and materials testing and inspection services at over 15 school sites in Pomona and Diamond Bar, CA. These include: Diamond Ranch High School, Lorbeer Middle, Pantera Elementary School, Ganesha High, Garey High, Pomona High, the new Ganesha Village Elementary, Garey Village Elementary, new Alcott Elementary, Mission Elementary, Madison Elementary, Pueblo Elementary, Armstrong Elementary, Lincoln Elementary, Washington Elementary, Westmont Elementary, Pomona Vocational Center, and proposed Rio Rancho School. Education ◼ M.S., Civil Engineering, with specialization in Geotechnical Engineering, California State University, Long Beach ◼ B.S., Civil Engineering, California State Polytechnic University, Pomona Professional Registrations ◼ California Registered Geotechnical Engineer – 2711 ◼ California Registered Civil Engineer - 61778 Experience Highlights ◼ 23 years of experience providing geotechnical engineering services ◼ Experience with more than 200 miles of pavement rehabilitation in local cities ◼ Expertise in seismic and liquefaction hazards analysis, foundation design, soil reinforcement, and slope stability analysis ◼ Has managed over 20 on-call contracts with overlapping schedules and deliverables Years Exp: 23 With Firm: 23 4.12.c Packet Pg. 292 City of Diamond Bar | On-Call Geotechnical Engineering Services 5 City of Anaheim On-Call Plan Review, Anaheim, CA. Project Manager for multiple plan/peer review reports for various projects across Anaheim, including residential developments, auto dealerships, storage facilities, pump stations, hospital equipment pads, Farmer’s Park additions, transportation/road projects, and many more. Area C Slope Stabilization, City of Industry, CA. Project Geotechnical Engineer. Detailed geotechnical investigation of 600 acres of moderate to steep hillside terrain. Significant geotechnical issues include stabilization of numerous planned cut and fill over cut slopes in excess of 150 feet in height as well as stabilization of several large landslides. Services included detailed geologic mapping of cuts slopes and removal excavations, observation of subdrain installation and observation and testing during fill placement and compaction Grand Avenue and Valley Boulevard Widening, City of Industry, CA. Project Engineer. Geotechnical services during design and construction for major street improvement included turn lanes, traffic signal enhancements, and new raised medians with landscape and irrigation, Snow Creek storm drain construction, and sewer improvements. Los Angeles Football Stadium Project, City of Industry, CA. Project Geotechnical Engineering for geotechnical investigation. Although the stadium concept has been discontinued, this was to be a truly unique project from a geotechnical standpoint. The proposed stadium was to consist of bleachers cut into the bedrock of the San Jose Hills, complete with vomitories, tunnels, and access ways requiring retaining walls up to 70 feet high. A portion of the stadium bleachers were to be constructed on a compacted fill berm. The main stadium suite building included multiple stories, founded on large-diameter caissons, for which, prior to construction, a comprehensive load testing program was required. Detailed design level geotechnical studies were conducted to address slope stability, deep settlement monitoring, tieback wall design, foundation design, bedrock rebound, seismic design an many other aspects of the project. Various Road Improvements, City of Industry, CA. Project Engineer providing geotechnical recommendations for improvement of various roads, including Pellissier Place, Parriot Place, Currier Road. These roads typically have high truck traffic. Currier Road was unique, in that the design pavement section had to be much thinner than what would be typical of these conditions, due to shallow utilities, yet offer similar structural qualities. Rigid geogrid within the aggregate base and glass grid within the asphaltic concrete were utilized. Evaluation of pavement sections over weak clay soils. Provided geotechnical and materials testing services during construction. Street Rehabilitation Projects, Pomona, CA. Project Engineer for geotechnical investigation and pavement evaluation for 11 streets, citywide. The subsurface exploration consisted of excavation, logging, and sampling of 23 hollow-stem auger borings from approximately 3 to 5 feet in depth. Also performed a pavement condition index evaluation. Laboratory testing included in-situ moisture content and density, maximum dry density and optimum moisture content, R-value, and sulfate content. 4.12.c Packet Pg. 293 City of Diamond Bar | On-Call Geotechnical Engineering Services 6 East End Fire Station, City of Industry, CA. Project Engineer for the East End Fire Station that will be part of the Grand Crossing project, a 400-acre commercial and industrial complex development. Geotechnical issues at the project site included stability of an ancient landslide, liquefaction potential, and settlement of compacted fill and alluvial soil. Fire Station #172, Rancho Cucamonga, CA. Project Engineer for geotechnical investigation and geotechnical testing during construction. Leighton conducted a geotechnical investigation that included subsurface borings and laboratory testing. Based on the investigation, developed economical foundation, design, and construction recommendations for the various areas including living areas, fire apparatus, and landscaping. The soil immediately underneath the footings for the proposed building and retaining walls were recommended to be overexcavated, and recompacted. Also performed percolation testing for design of onsite sewage disposal to help save project construction costs by avoiding construction of connections to the public disposal system. Sleepy Hollow Community Center, Chino Hills, CA. Project Engineer for geotechnical services during design and construction of the new community center in the Sleepy Hollow area of Chino Hills. Significant geotechnical issues included development in an environmentally sensitive site with existing older development and potentially unstable natural slopes. Near surface water removal and debris protection for the new construction were significant issues addressed during construction. 4.12.c Packet Pg. 294 City of Diamond Bar | On-Call Geotechnical Engineering Services 7 THOMAS C. BENSON, JR, PE, GE TITLE: SENIOR PRINCIPAL ENGINEER | ROLE: PRINCIPAL IN CHARGE Lemon Street/SR-60 Interchange, Diamond Bar, CA. Principal in Charge of all deliverables and senior review of geotechnical documents. Provided technical direction for geotechnical recommendations included in the Geotechnical Design Report (GDR). Lemon Ave is at the edge of a significant warehouse and industrial business center. To alleviate congestion on Lemon, SR-60 and Brea Canyon, a new interchange will add a west bound on- ramp, on and off-ramps east bound at Lemon, and remove existing east bound ramps at Brea Canyon. While the project limits are within the City of Diamond Bar, the City of industry contributed funding and was involved in project planning. Leighton provided the Initial Site Assessment, Hazardous Materials Site Investigation and Geotechnical Design Report. 7th Avenue Railroad Grade Separation, City of Industry, CA. Project Manager and Geotechnical- Engineer-of-Record for design of an under-crossing under the Metrolink (Union Pacific) Railway. This under- crossing was cut down below existing grade, requiring a double-track railway bridge with a spur, and two parallel retaining walls on either side of Seventh Avenue, each approximately 1,400 feet long. There were also perpendicular roadway ramps cut down to the new, lower Seventh Avenue vertical alignment. This was all constructed in an area of shallow groundwater adjacent to San Jose Creek. Extensive construction staging was required to keep this important railway and roadway open during construction. This project was designed in accordance with Los Angeles County standards. Street Rehabilitation Quality Assurance Testing, Pomona, CA. Principal Engineer. Leighton is providing geotechnical and materials testing and observation services for various street improvement methods throughout the City of Pomona including Asphalt Rubber Hot Mix overlay, slurry seal, and cold central plant recycling. Santa Anita Dam Access Road, Arcadia, CA. Project Geotechnical Engineer for study to determine cause of Education ◼ M.S., Geotechnical Engineering, University of California, Berkeley ◼ B.S., Civil Engineering, Michigan State University Professional Registrations ◼ California Registered Geotechnical Engineer– 2091 ◼ California Registered Civil Engineer– 37896 ◼ Nevada Registered Civil Engineer– 022539 ◼ Arizona Registered Civil Engineer– 43412 Experience Highlights ◼ 39 years of experience providing geotechnical engineering services ◼ Senior responsibility for over 75 On-Call contracts ◼ Has Managed personnel resources to meet fluctuating demands ◼ Technical expertise and experience with utility alignments, street rehabilitation, and transportation structures Years Exp: 39 With Firm: 17 4.12.c Packet Pg. 295 City of Diamond Bar | On-Call Geotechnical Engineering Services 8 slope failure and provide recommendations for stabilization. Recommendations were prioritized based on importance and cost, so that cost-effective improvements could be implemented first, to reduce the potential for ongoing road obstruction during the next winter. 10 MG Nohl Canyon Tank, Anaheim Hills, CA. Project manager and Geotechnical Engineer (GE) responsible for geotechnical design (including seismic design) and geotechnical instrumentation, observation and testing during construction of a new 10-million-gallon (MG) pre-stressed-concrete potable water storage tank. This project had significant challenges due to adjacent ascending slopes up to large residences. 2.0 MG Hidden Hills Reservoir, Yorba Linda, CA. Project manager and Geotechnical Engineer (GE) for geotechnical and materials testing during construction of 2.0 MG reservoir. The significant geologic challenges of the site included landsliding, faulting, folding and surficial slope instability. Leighton provided geologic mapping of exposed bedrock accessible at the time of the reservoir excavation. Water Tank No. 7, Monterey Park, CA. Project Manager for a geotechnical and seismic review. A routine inspection found roof joists in the tank had sheared and moved out of place. The tank is at the top of a hill in a residential neighborhood. A relatively steep slope descends from the tank site. Puente Reservoir, La Habra, CA. Mr. Benson managed a geotechnical and seismic review of this existing reinforced concrete hopper reservoir, located less than a mile south of the Whittier- Elsinore Fault. Originally constructed in 1955, this 5 MG water reservoir exhibited several vertical cracks. There are south and east facing descending slopes adjacent to the reservoir. He also performed a dynamic stability analyses for these slopes Odin Landslide, Los Angeles, CA. Project Manager/Geotechnical Engineer for a study to determine cause and develop stabilization approaches for failure surrounded by slopes underlain by sedimentary and volcanic bedrock which have been deformed and faulted by tectonic activity along the Hollywood fault. Mr. Benson’s primary objectives for slide identification and slope stabilization were the analysis of existing and potential slope stability problems, delineation of existing surficial failure, and evaluation of corrective measures for improving the safety of County-owned improvements on adjacent property. Objectives were met by performing field explorations, geologic mapping, laboratory testing, geologic engineering, analyses of slope stability, and providing engineering criteria for design of recommended stabilization methods. Several engineering cost estimates were made for various remediation approaches, and relative risk factors for each approach were assessed with the County. Project complexities included County property surrounded by numerous single-family residences at the top of the slope that were within City of Los Angeles jurisdiction, and reducing the impact on the Hollywood Bowl parking lot during the remedial grading. Children’s Courthouse Parking Structure, Monterey Park, CA. Geotechnical Engineer of Record for investigation of parking structure cut into a hillside with existing surficial instability. The combined parking structure as a retaining wall and re-graded slope was used to stabilize the site. 4.12.c Packet Pg. 296 City of Diamond Bar | On-Call Geotechnical Engineering Services 9 STEVEN OKUBO, PG, CEG TITLE: PROJECT GEOLOGIST | ROLE: LEAD ENGINEERING GEOLOGIST On-Call Geotechnical Services – City of Corona Department of Public Works, Corona, CA. Project Manager providing geotechnical services for the City of Corona Department of Public Works. Geotechnical services included those during construction of the City’s waterline replacement along Hayden Avenue from Howe Street to Nelson Street and the construction of a new water reservoir tank and associated buried utilities and paved roadways at the intersection of Keith and Nelson Streets. “Keith” Reservoir Tank Construction, Corona, CA. Project Manager and Geologist for the construction of an approximately 30-foot-high and 125-foot diameter concrete water tank with the capacity to hold approximately 2½ million gallons of potable water. Site improvements also included underground utilities, CMU walls, concrete hardscape, and driveway areas. Our services included observation and testing during remedial removals, overexcavation, and fill placement of the proposed tank pad; utility trenching and backfilling; subgrade preparation and aggregate base placement along new hardscape and driveways; concrete sampling and testing during tank construction; and project management and quality assurance. Industry Business Center East and West, City of Industry, CA. Project Principal for geotechnical services during design and construction of the Industry Business Center East and West project. The project included approximately 600 acres of moderate to steep hillside terrain in the eastern Puente Hills adjacent to Diamond Bar. The site was observed to be underlain by Puente Formation bedrock as well as surficial deposits including compressible alluvium, colluvium and landslide debris. Significant geotechnical issues included stabilization of numerous planned cut and fill over cut slopes in excess of 150 feet in height as well as stabilization of several large landslides. The project also included dewatering of shallow groundwater, removal of compressible soil, installation of an extensive subterranean water removal system, placement of deep fills, settlement monitoring and design recommendations for construction. Numerous large buildings are planned that span from areas of deep cut to deep fill creating a potential for significant differential settlement. Partial relocation of an old landfill on the property was also required. Geotechnical observation and testing for construction Education ◼ M.S., Geology, University of California, Los Angeles ◼ B.S., Geology, California State University, Fullerton Professional Registrations ◼ California Certified Engineering Geologist – 2706 ◼ California Professional Geologist – 9366 ◼ CFR 1910.120 OSHA 40-Hour Training ◼ OSHA 30-Hour Construction Safety and Health Certification Experience Highlights ◼ 16 years of experience in all stages of commercial, industrial, and residential developments ◼ Provides solutions for complex geotechnical issues including slope stability, settlement, subdrainage design, foundation design, and retaining wall recommendations Years Exp: 19 With Firm: 6 4.12.c Packet Pg. 297 City of Diamond Bar | On-Call Geotechnical Engineering Services 10 included detailed geologic mapping of cuts slopes and removal excavations, observation of subdrain installation and observation and testing during fill placement and compaction. City of Pomona Rehabilitation of Various Streets, Pomona, CA. Project Manager for geotechnical and materials testing services for various street rehabilitation projects through the City of Pomona. Responsibilities included include managing budget, schedules and deliverables. Our services included observation and testing of subgrade and base materials, observation and testing of asphalt, collection and compression testing of concrete cylinders, and laboratory testing of collected soil and asphalt samples. John Adams Elementary School, Corona, CA. Project Geologist for a geotechnical study for the proposed construction of a new multi-purpose building with an attached food service building and terrace, a classroom building, a kindergarten building, and other associated improvements. The purpose of this investigation was to explore the subsurface conditions, evaluate the geologic and geotechnical conditions with respect to the proposed modular buildings, and provide preliminary recommendations for design and construction. Geotechnical issues pertaining to this modernization project included potentially compressible soils and strong seismic shaking. The subsurface exploration to address the geotechnical issues included drilling, logging, and sampling five hollow-stem-auger borings. Additionally, the site was located within a State-designated Earthquake Fault Zone related to the Chino Fault. Explored and evaluated this geologic constraint to the project by conducting a fault investigation. The purpose of the fault investigation was to identify and active fault ruptures through the area of the school modernization. The fault investigation required the excavation and logging of two trenches (one approximately 250 feet long and 12 feet deep, and the other approximately 50 feet long and 16 feet deep), three continuous core boreholes, and a large diameter boring. Based on the collected geologic data, conclusions were made to determine the existence or absence of active faulting related to the Chino Fault through the project site. Residential Development, Abandoned Oil Field, Fullerton, CA. Project Geologist for geotechnical exploration for design-phase grading plan review for a residential development located within an abandoned oil field. Subsurface exploration of this 510-arce site included sampling and logging 20 hollow-stem auger borings and 18 test pits as well as sampling and downhole logging 36 large-diameter borings. This project also included collecting geologic and geotechnical data with surface geologic mapping, historical aerial photography, and review of available pertinent documents and maps. Geotechnical issues include the potential existence of a previously mapped landslide, natural and design slope stability, and debris flow potential. The collected data were interpreted and evaluated to formulate conclusions and recommendations for design issues such as landslide mitigation, slope stability, materials suitability, and other grading issues. City of Rancho Cucamonga Public Works Service Center Southwestern Warehouse, Rancho Cucamonga, CA. Project Manager for the geotechnical exploration of a proposed warehouse at the Rancho Cucamonga Public Works Service Center. This study included drilling, logging, and sampling two hollow-stem auger borings and infiltration testing at one location. The purpose of this study was to provide site-specific geotechnical recommendations for the design and construction of the proposed warehouse. 4.12.c Packet Pg. 298 City of Diamond Bar | On-Call Geotechnical Engineering Services 11 BRANDON THOMAS TITLE: SENIOR ENGINEERING TECHNICIAN | ROLE: KEY SOILS/MATERIALS TECHNICIAN Mr. Thomas performs quality assurance of geotechnical construction including all phases of grading, roadways, residential, commercial, and government projects. He is well-versed in standard grading procedures, backfill, sub- base and base operations. Brandon identifies competent soil materials, prepares daily field reports, writes appropriate field memos, maintains field files and maps, and has communicates effectively with developer representatives, civil inspectors, project managers, and contractors. Brandon also performs quality assurance testing of soils and concrete per Caltrans standards and test methods. Duties include methods and frequencies for performing testing and inspection, random field testing of soils, aggregates, and hot mix asphalt (HMA), and full- time field testing of structural Portland Cement Concrete. Prior to becoming an engineering technician, Mr. Thomas was a geography assistant for the Water Resources Institute at California State University of San Bernardino Sunset Crossing Rehabilitation, Diamond Bar, CA. Leighton provided both geotechnical and materials testing. Our work was provided in accordance with Caltrans Local Assistance (LA) Procedure Testing. Services included observation and testing subgrade soils, aggregate base and Hot Mix Asphalt (HMA); and sampling and testing of Portland cement concrete (PCC) for curb and gutter, sidewalk and ramps. Testing of slurry seal and batch plant inspection of HMA was also provided. Bus Stop Relocation, Diamond Bar, CA. Field technician responsible for retesting of the sidewalk subgrade for the new bus stop along Copley Drive at AQMD West Drive. Golden Springs Drive Drainage Project, Diamond Bar, CA. Field technician responsible for observation and testing of the Storm Drain Line Backfill for the 18” RCP drain line. Pantera Elementary School, Diamond Bar, CA. Field technician responsible for geotechnical observation and testing services during rough and post grading for the proposed Kindergarten Education ◼ BA, Environmental Studies, California State University, San Bernardino ◼ AA, General Education, Chaffey College Professional Registrations ◼ CPN Nuclear Gauge Certificate ◼ Concrete - Grade 1 – ACI ◼ Caltrans Test Methods: 231, 125 AGG, 504, 518, 539, 540, 556, 557, 125 GEN, 375, 105, 201, 202, 205, 216, 217, 226, 227, 229, 543 Experience Highlights ◼ Direct experience with City of Diamond Bar projects. ◼ 18 years of quality assurance testing for soils and materials of facilities and infrastructure projects. ◼ Experience with project involving slope stability scope. Years Exp: 18 With Firm: 18 4.12.c Packet Pg. 299 City of Diamond Bar | On-Call Geotechnical Engineering Services 12 Modular Classroom Building. Mr. Thomas was on site for compaction testing of the sidewalk at four locations of the school. Industry Business Center, City of Industry, CA. Industry Business Center is a 600-acre site encumbered with surficial deposits including compressible alluvium, colluvium and landslide debris. The project required detailed recommendations for compressible soil removal, installation of an extensive subterranean water removal system, placement of deep fills, settlement monitoring and design recommendations for construction. Significant geotechnical issues include stabilization of numerous planned cut and fill over cut slopes in excess of 150 feet in height as well as stabilization of several large landslides. Street Rehabilitation Quality Assurance Testing, Pomona, CA. Responsible for compaction testing of base, sampling of Asphalt Rubber Hot Mix overlay, and aggregates. Tests and fabricates concrete cylinders during placement of curb and gutters. Documented location, load number, temperature, and slump. Leighton provided geotechnical and materials testing and observation services for various street improvement methods throughout the City of Pomona including Asphalt Rubber Hot Mix overlay, slurry seal, and cold central plant recycling. Leighton also assisted the City with testing and observation during construction of new curbs and gutters and access ramps. Local Street Pavement Rehabilitation, Rancho Cucamonga, CA. Field technician responsible for quality assurance testing of aggregates and asphaltic concrete (AC); and compaction testing of soil, aggregate base, and AC pavement per Caltrans specifications. Collected asphalt samples at batch plant, and compaction tests during asphalt placement. Project was part of City’s 15/16 pavement rehabilitation, included 1-mile segments of Archibald and Haven in the northern part of the City. Leighton provided quality assurance testing. Manzanita Drive Storm Drain, Rancho Cucamonga, CA. Field Technician responsible for geotechnical observation and testing services the included field density testing, geotechnical laboratory testing, and consultation necessary for conformance with the project specifications. Observation and testing was conducted periodically during trench backfilling of the proposed storm drain pipeline and pavement rehabilitation. Corporate Yard/Public Works Building, Rancho Cucamonga, CA. Responsible for geotechnical observation and testing during rough grading. Included construction of storm drain, as well as subgrades for parking area. Tested for relative compaction and moisture content. Communicated nonconforming test results with client and contractor. As an ACI concrete technician Brandon took samples at the batch plant, noted temp and slump, and delivered to laboratory for further testing. . 4.12.c Packet Pg. 300 City of Diamond Bar | On-Call Geotechnical Engineering Services 13 FIRM EXPERIENCE / REFERENCES Our multi-faceted experience ranges from master planned communities and high-density mixed-uses to residential/arterial streets and public infrastructure and facility improvements. In this proposal, we highlight our experience with the City as well as with other similar clients. We also provide you with a touch on a variety of projects types to demonstrate that we are capable of providing the City with high quality services for the many types of projects you’ll be faced with for the next three to five years and beyond. Notably, we’ve also worked directly with private developers. One example includes the South Pointe Residential West Development in Diamond Bar for which Leighton provided geotechnical recommendations for the removal and stabilization of the Morning Sun Landslide. We performed field explorations to obtain samples of the failure plane material, conducted laboratory testing, and performed slope stability analysis to determine the cause of failure and evaluate repair alternatives. Leighton believes that the surest indicator of a firm’s ability to manage and complete a successful project is past performance. We welcome you to contact the following references to discuss our attentiveness to project, budget, schedule, and scope. ON-CALL SOILS AND GEOTECHNICAL SERVICES Diamond Bar Client Reference: City of Diamond, David Liu, Director of Public Works, (909) 839-7043 Leighton PMs: Philip Buchiarelli, PG, CEG (retired) Jason Hertzberg, PE, GE Leighton has served as geotechnical consultant for the City of Diamond Bar for 30 years. Contract services include third-party review of geotechnical (soils and geology) reports for developments planned within the City, plus geotechnical monitoring during construction of large development projects. Leighton has provided review for nearly 240 projects (many with multiple submittals) in the City ranging from slope repairs to large tract residential developments. Leighton has also provided geotechnical services in support of Diamond Bar’s public works projects, including geotechnical consulting and observation and testing for park improvements, street improvements and slope repairs. A few project examples that Leighton provided consulting services include the following: Zone 3 and 4 Arterial Street Rehabilitation Project: Leighton provided both geotechnical and materials testing for the City during construction. Construction included street rehabilitation of portions of Diamond Bar Boulevard, Brea Canyon Cut-off, Pathfinder Road, Golden Springs Road, Brea Canyon Road and Lemon Avenue in the City of Diamond Bar. In all, the project included rehabilitation of several miles of street within the City as well as reconstruction of nearly 500 feet of sidewalk and approximately 40 ADA ramps and access 4.12.c Packet Pg. 301 City of Diamond Bar | On-Call Geotechnical Engineering Services 14 ways along these streets. Our work was provided in accordance with Caltrans Local Assistance (LA) Procedure Testing for this federally funded project. Services included review of asphalt and concrete mix designs, observation and testing subgrade soils, aggregate base and Hot Mix Asphalt (HMA); and sampling and testing of Portland cement concrete (PCC) for curb and gutter, sidewalk and ramps, etc. Testing of slurry seal and batch plant inspection of HMA was also provided. Similar services were provided for the City of Diamond Bar for the Phase 1 and Phase 2 Grand Avenue Street Rehabilitation project and for the Diamond Bar Boulevard and Sunset Crossing Rehabilitation project. Pantera Park and Dog Park Upgrades: Leighton provided the City with geotechnical testing and observation during grading and construction of the 15.5-acre park. Park features include passive trails, baseball fields, tennis courts, full basketball courts and family picnic areas. When first constructed, 7.5 acres were left undeveloped. Since then, a new dog park and trail access has been added. Leighton worked on all phases of construction. Proposed Single-Family Residences, Lots 1 through 48, Tentative Tract 53430, Rocky Trail: Since the early 2000s, Leighton has continuously provided review of geotechnical reports prepared by others for this proposed residential project. This is a geotechnically challenging development with significant consideration for protection of offsite slopes and properties. Leighton intendeds to provide you continued services during the geotechnical reviews and input on the ongoing design of this project. 4.12.c Packet Pg. 302 City of Diamond Bar | On-Call Geotechnical Engineering Services 15 ON-CALL GEOTECHNICAL AND MATERIALS TESTING SERVICES City of Industry Client Reference: City of Industry / IUDA, Joshua Nelson, PE, 626.521.6440, jnelson@cityofindustry.org Leighton PMs: Mike Grace (Industry Business Center, Diamond Bar Creek) Luis Perez-Milicua (Grand Ave Widening) Leighton has provided a wide variety of services for the City of Industry since the early 1990s, most prominently during the design and construction of the Industry Business Center East and West Projects. The project includes approximately 600 acres of moderate to steep hillside terrain in the eastern Puente Hills adjacent to Diamond Bar. The site is underlain by Puente Formation bedrock as well as surficial deposits including compressible alluvium, colluvium and landslide debris. Significant geotechnical issues include stabilization of numerous planned cut and fill over cut slopes in excess of 150 feet in height as well as stabilization of several large landslides. The project also included dewatering of shallow groundwater, removal of compressible soil, installation of an extensive subterranean water removal system, placement of deep fills, settlement monitoring and design recommendations for construction. Geotechnical observation and testing for the first 3 phases of construction included detailed geologic mapping of cuts slopes and removal excavations, observation of subdrain installation and observation and testing during fill placement and compaction. Grand Avenue Widening With the development of a 1.3-million- square-foot industrial park, the City of Industry needed to upgrade the traffic circulation in the surrounding area. Additional infrastructure improvements were needed to support the commercial development. The Grand Avenue and Valley Boulevard Widening projects included installation of right-turn lanes, traffic signal enhancements, and new raised medians with landscape and irrigation, Snow Creek storm drain construction, and sewer improvements. The project consisted of the following components: ◼ Construction of Garcia Lane and Faure Avenue, with associated street improvements; ◼ Faure Avenue bridge construction; 4.12.c Packet Pg. 303 City of Diamond Bar | On-Call Geotechnical Engineering Services 16 ◼ San Jose Creek Channel partial reconstruction; and ◼ Garcia Lane and Building 11 sewer mains construction. Leighton provided the City the geotechnical recommendations for these street improvements, and observation and testing services during construction. We monitored grading during excavation of widened areas of Grand Avenue and Valley Boulevard; overexcavation, backfill, compaction of channel walls for Snow Creek Channel, including the unimproved natural channel west of Grand Avenue; and backfill and compaction of sewer main trenches. Subgrade preparation for street rights-of-way, sidewalks, and curb and gutters and preparation of crushed aggregate base for the street rights-of-way, sidewalks, and curb and gutters, and crushed miscellaneous base for driveway approaches and placement of asphaltic concrete in street rights-of-way. Leighton also performed observation and sampling of Portland Concrete Cement (PCC) curb and gutter, sidewalk, and concrete pavement. Fill materials and aggregate base were tested for maximum density, optimum moisture content, and sand equivalence. Testing was performed on asphaltic concrete and aggregate base, included sand equivalence, gradation and extraction, and concrete compressive strength. Grand Avenue Bridge Widening over San Jose Creek Channel Recently, Leighton completed geotechnical investigation and design services for the Grand Avenue Bridge Widening over San Jose Creek Channel. The 13-foot widening of the southbound lanes is designed to be supported by 24-inch-diameter, cast-in-drilled-hole (CIDH) foundations. Based on our field exploration, which consisted of drilling two borings to depths of 70 feet at either side of the bridge, followed by in-house geotechnical laboratory test results and analyses, our design recommendations included solutions to address shallow groundwater levels, soft to firm clay soils, and liquefaction. Soft clay soils at the site were encountered within the upper 50 feet at the proposed bridge widening location. Geotechnical foundation recommendations included extending foundation elements into underlying bedrock. Bridge foundation construction will include use of temporary casing at the encountered groundwater level depths. We worked closely with the bridge structural engineer in an iterative process to provide suitable geotechnical design recommendations. The project is expected to transition into the construction phase. As part of our seamless, turnkey geotechnical engineering services, Leighton will be providing geotechnical and materials inspection and testing during construction of the bridge foundation and roadway and bridge widening. 4.12.c Packet Pg. 304 City of Diamond Bar | On-Call Geotechnical Engineering Services 17 Diamond Bar Creek Improvements Leighton conducted a review of the historic location of Diamond Bar Creek in the area near State Route 57/60 and Grand Avenue. Possible development along the natural course of the creek necessitated a review of the stability of the channel walls and the need for bank stabilization. Our study included review of maps, plans and historic aerial photographs of the area dating back to 1928 to look for evidence of significant past changes in the location and meander of the creek. We also conducted geologic mapping of the creek to look for evidence of instability or bedrock areas, where the creek is well constrained. The study found that significant changes to the creek’s location of meander had not occurred since 1928 or before; however, local areas of possible bank instability were identified. Development adjacent to the creek proved feasible, with only minimal disturbance required for localized bank protection. As a result of this study, the area of possible development was maximized, with only limited disturbance to the creek. The costs and delay associated with obtaining special permits to work in the creek for geotechnical stability or construction of major bank improvements were thus reduced. Leighton subsequently provided geotechnical services during design and construction of the Phase 1 Diamond Bar Creek improvements, which included realignment and extension of the storm drain box structure in the eastern portion of the creek, adjacent to Old Brea Canyon Road. Approximately 410 feet of new reinforced concrete box (RCB) storm drain structure was constructed. Leighton worked with the design team for solutions to the difficult design that included constructing the box in wet soil conditions. Shallow perched water and seepage under the existing box were handled during construction by the use of subdrain systems and open graded materials to channel water away from the construction area. In addition to geotechnical services, Leighton provided materials testing and special inspection services during construction of the box and associated structures. 4.12.c Packet Pg. 305 City of Diamond Bar | On-Call Geotechnical Engineering Services 18 AS NEEDED GEOTECHNICAL ENGINEERING Pomona & Diamond Bar Client Reference: Pomona Unified School District, Jeff Coakley, 951.529.2551, jeff@lcc3.com Leighton PM: Jason Hertzberg, PE, GE Leighton has provided on-call geotechnical consulting services to the Pomona Unified School District on 19 campuses, including Diamond Ranch High School, Pantera Elementary School, and Lorbeer Middle School. that are with Diamond Bar city limits. Leighton has supported the construction of new schools, rehabilitation and modernization projects, classroom additions, redevelopment of shopping centers and office buildings for school district facilities, and the addition of sports complexes. Leighton’s ability to provide timely, efficient professional services has made a valuable contribution to the completion of the District’s improvement projects. Timing is often critical, either to keep schools operating during the construction process or to complete the projects before school reconvenes. Our responsiveness to the District’s requests for services has regularly allowed their projects to proceed without unnecessary delays due to geotechnical issues. Leighton’s services have included due diligence studies for site selection, geologic hazard evaluations, preliminary geotechnical investigations, and geotechnical observation and testing during grading and construction. Leighton has evaluated severe geologic hazards including earthquake faults and ancient landslides, provided recommendations for dealing with unsuitable soils and assisted the District with contractor disputes. Diamond Ranch High School: The Phillips Ranch section of Diamond Bar is both picturesque and rugged. Nestled in the Chino Hills, the terrain is steep, and the site is a difficult one on which to build. Because the land was obtained at reasonable cost, the Pomona USD elected to build their new high school on a steep and technically challenging 72-acre hillside parcel. This state-of-the-art school's football stadium is recessed into the hillside, and there are terraced ball fields, tennis courts, parking lots, and new access roads. The buildings enclose 142,576 square feet of space. Leighton’s involvement began in the initial planning phase, consulting on the development of the Environmental Impact Report. Leighton’s work continued through site design and final construction phases and was instrumental in keeping the project within budget and on schedule. This massive project required moving approximately 7,000,000 cubic yards of earth to create the flat pads needed for buildings and playing fields. Terraced building pads were created by constructing retaining walls up to 32 feet high for support. But the project was complicated by bedrock that was unfavorable for planned cut slopes, some as high as 200 feet. The presence of three suspected ancient landslides, compressible native soils, and fills more than 100 feet deep also added to the challenges. Blasting was required to excavate difficult-to-rip, cemented bedrock. Oversized rock required special handling and deep burial. Special remedial 4.12.c Packet Pg. 306 City of Diamond Bar | On-Call Geotechnical Engineering Services 19 measures for this project also included the removal of compressible soils, partial removal and buttressing of landslides, and buttressing of cut slopes. Leighton has also provided geotechnical services for most of the other Pomona USD campuses located within the City of Diamond Bar, including Pantera Elementary School and Lorbeer Middle School. CHINO RANCH DAM / ARNOLD RESERVOIR Tres Hermanos Ranch Area near Chino Hills Client Reference: City of Industry / IUDA, Joshua Nelson, PE, 626.521.6440, jnelson@cityofindustry.org Leighton PM: Jason Hertzberg, PE, GE The upstream portion of the existing Chino Ranch earthen dam experienced erosional distress near the crest. The City of Industry’s challenge was to perform repairs to restore the upstream slope and determine the appropriate reinforcement strategies to reduce future erosion and scour. The earthen dam is under the jurisdiction of the California Department of Water Resources, Division of Safety of Dams (DSOD, 2018). Leighton performed a geotechnical exploration to evaluate the subsurface conditions of the dam embankment and provide geotechnical recommendations for use during development of design and repair to the upstream (north) side of the earthen dam embankment. We performed several stability analyses to evaluate this earth embankment during static, seismic and rapid drawdown conditions. The analyses indicate that, under various anticipated water level and loading conditions, this dam is expected to have a factor of safety that exceeds what is generally accepted. Recommendations were provided to restore the dam upstream slope to a 2:1 (horizontal:vertical) gradient as originally designed and to reduce future erosion. AS NEEDED GEOTECHNICAL ENGINEERING, MATERIALS TESTING AND INSPECTION, CA Corona Client Reference: City of Corona, Vernon Weisman, 951.789.4912, Vernon.Weisman@CoronaCa.gov Leighton PM: Steven Okubo, PG, CEG Working under an as needed contract, Leighton provides geotechnical engineering, soils observation and testing and materials inspection and testing. Projects have been distributed throughout the City for utility upgrades such as pipelines for potable water, water treatment wells, and pump stations, city buildings, improvements at City parks, pavement rehabilitation, 4.12.c Packet Pg. 307 City of Diamond Bar | On-Call Geotechnical Engineering Services 20 and other infrastructure. Through the Qualifications Based Section (QBS) process, Leighton has held this contract uninterrupted for more than 10 years. Water Treatment Facility: Since nitrite can cause short-term health effects, their presence in drinking water is a high priority public health issue. Based on test results of the water supply, agencies build treatment facilities into their water distribution system. This project added a resin ion treatment facility on a portion of a City park. Leighton provided the City a geotechnical report for design; and soils and materials testing during construction. Our field exploration consisted of hollow-stem auger borings sufficient to provide data for our geotechnical analysis and recommendations. Soils observation included taking field samples for laboratory testing to determine the laboratory maximum dry density and optimum moisture content; observation of compaction of the subgrade soils and trench backfill. Materials testing and special inspection services included inspection and sampling during placement of concrete, compressive strength testing of concrete cylinders and grout, and asphalt pavement compaction testing. Animal Services and Shelter: The City of Corona was planning an animal care facility on a City owned parcel used as a solid waste transfer facility. For this project Leighton provided the geotechnical report for design, Phase I ESA and soil sampling, asbestos lead-based paint survey, and observation and materials testing during construction. Before proceeding with the shelter, Leighton received a task order to provide a Phase I ESA with limited soil sampling. An adjacent railroad track borders the site; samples were collected with a hand auger to test for aerial impacts from diesel exhaust and arsenical herbicides - commonly found due to railroad activities. No chemicals were found to exceed DTSC established Regional Screening levels. Leighton did recommend an asbestos/lead-based paint survey of the building based on construction history. Materials testing services included full- and part-time observation and compaction testing during over-excavation and fine grading of building pad, pavement areas and backfill compaction of underground utilities, and part-time observation and testing of pavement subgrade and aggregate base construction. Special inspectors provided reinforced steel 4.12.c Packet Pg. 308 City of Diamond Bar | On-Call Geotechnical Engineering Services 21 testing and sampling, concrete batch plant inspection, concrete mix design review, concrete sampling and casting of compressive strength test cylinders, pull testing of epoxied anchor bolts, shop and field welding inspection and ultrasonic testing of field and shop welds. Ahmanson Lift Station Replacement: Located in the eastern boundary of the City, adjacent to the Santa Ana River, this capital improvement project was a partial replacement and addition to the existing facilities to upgrade and improve capacity of the sewage lift station, including a new gravity sewer and sewer force main. Leighton completed a field exploration and provided a geotechnical report for the design of the improvements working for the civil engineer. Under an on-call contract with the City we then provided services during construction of the lift station upgrades included sampling of on-site soils for laboratory maximum dry density and optimum moisture content (“compaction curves”) tests, and corresponding grain size distribution to match the soils with the appropriate compaction curve. This information was then communicated to the soil technician for observation of compaction of the subgrade soils and trench backfill. Concrete technicians sampled fresh concrete at the batch plant and on-site performing slump tests, and preparing cylinders for compressive strength testing of concrete cylinders. Temescal Desalter Improvements: Leighton provided as-needed observation and testing for building improvements and generator addition. Density tests were taken at curbs and walkways, and for masonry wall. Wall construction included observation of CMU placement, mortar and concrete samples for laboratory testing. Oxidation Ditch Retrofit: Corona’s water treatment facility long-range plans include upgrades to improve efficiency and production. This project proposed New Primary Sedimentation Tanks of conventionally reinforced concrete constructed roughly at and below existing grade, 20 x 120 feet in dimension. Additional improvements include new baffles and piping for aeration tanks, blower enclosure, and new associated pumps and piping. Leighton provided the City a design-level geotechnical report that provided recommendations for foundations, grading, fill placement, and shoring. Well 8A Emergency Generator Project: Leighton provided the City a geotechnical report for design of a new emergency generator. Our field exploration consisted of hollow-stem auger borings at opposing corners of the proposed pad area, sufficient to provide data for our geotechnical analysis and recommendations. Backup Emergency Generator Pad Water Reclamation Facility No. 1: Leighton provided a geotechnical report for the design, and field technicians observed rough grading and compacted fill for a generator pad at City's reclamation plant #1. The generator was installed to provide a backup power source. Arlington Desalter Connection: The Arlington Desalter Promenade Connection is one of the building blocks for WMWD’s integration of water supply for retail and wholesale customers 4.12.c Packet Pg. 309 City of Diamond Bar | On-Call Geotechnical Engineering Services 22 This project constructed a vital connection to increase the available water to and from the City of Corona supplies. Leighton provided soils and materials testing and inspection. PROJECT UNDERSTANDING We understand that project assignments will vary throughout the term of this service contract. Having successfully managed multiple as-needed contracts with the City and other government agencies, Leighton understands how to manage in-house staff for single or multiple projects. For as-needed contracts, project-specific workplans are developed as each Request for Proposal is issued – then refined as needed when a RFP results in a Work Order. The following provides our general approach and scope of work for third-party geotechnical review and geotechnical engineering services. We have a team of engineers and geologists on staff in our Rancho Cucamonga Office that can and have provided these services for the City. Based on our past experience with the City, potentially significant geologic and geotechnical constraints for development projects within Diamond Bar include steep and high-relief topography, slope instability (including landsliding), debris flows, expansive soils, shallow groundwater, compressible native soils, and strong seismic shaking. The scope below details our approach and services you can expect from us. LAND DEVELOPMENT SERVICES GEOTECHNICAL/SOILS REVIEW AND PLAN CHECK SERVICES Technical expertise combined with relevant project experience is critical for a geotechnical consultant to provide review services to the City of Diamond Bar. Leighton’s 60 years of experience working in Southern California on a wide variety of projects demonstrates the experience required to provide these services. We maintain an up-to-date knowledge of standard codes and regulations, such as those contained in the California Building Code, Green Book, California Geological Survey (CGS) Note 41, Guidelines for Reviewing Geologic Reports and CGS Special Publication 117, and County of Los Angeles Guidelines for Preparation of Geotechnical Reports. These are critical to evaluating the adequacy of site geotechnical studies from the standpoint of geologic and geotechnical standard of practice and for code and ordinance conformance. Leighton maintains and extensive in-house library of geologic reports and historic aerial photographs of the region to reference as part of our review process. We also consider the site conditions, our own experience and good engineering judgment in conducting our review. We have considerable experience in the City of Diamond Bar and have an extensive knowledge of the geotechnical conditions for hillside development in the area. 4.12.c Packet Pg. 310 City of Diamond Bar | On-Call Geotechnical Engineering Services 23 Beyond technical expertise, Leighton’s approach to geotechnical review also includes a service- oriented approach. This service-oriented approach means: ◼ Consulting with City representatives regularly regarding the review process both generally and on a project-specific basis; ◼ Understanding relevant project-specific design objectives and interests of the applicant and its geotechnical consultant; ◼ Having key staff readily available to attend City Council, Planning Commission or city staff meetings if needed; and, ◼ Providing an accessible and interactive review process with the applicant’s geotechnical consultant that contributes to a sound project design in an expeditious and cooperative manner. This approach encourages cooperation, communication and efficiency between City representatives, the City’s geotechnical reviewer, and the applicant and its geotechnical consultant. Ultimately, the desired result is to protect the City’s interests by developing a level of confidence that the consultant’s applicant has met the standard of care in their design of the project. We understand the need to provide responsive review services. We have the technical staff available to provide review services and to meet the needs and time requirements of the city. Our staff can also perform site visits upon request to review site geotechnical conditions. We will begin our review as soon as possible after receiving notification that plan check submittals are available and will complete most review work within 10 workdays for first submittals and 5 workdays for subsequent plan checks. Larger or more technically complex projects may require additional time. We will discuss these special projects with you on a case-by-case basis. Scope of Services The purpose of our geotechnical review is to evaluate if the geotechnical report(s) for a particular project were prepared in substantial compliance with the standard of care and if the recommendations are judged appropriate for the proposed project. Our scope of service is generally expected to consist of the following tasks: ◼ Review pertinent existing geotechnical maps and reports available in Leighton’s in-house library and the geotechnical report(s) prepared for the proposed project. In our review of the geotechnical reports, we will look for adequacy of the background research, field data collection process including geologic mapping and number and depths of exploratory borings, and laboratory testing program. We will evaluate the data interpretation, approach and method in developing recommendations for the slope improvements. 4.12.c Packet Pg. 311 City of Diamond Bar | On-Call Geotechnical Engineering Services 24 ◼ Site reconnaissance to observe current site conditions, exposed soils and construction progress, if deemed appropriate. ◼ Meeting with you and the project team to present our findings, if deemed appropriate. ◼ Preparation of a list of review comments presented in a format for ease of review and response by the Applicant. If requested, we can first submit a draft version of our review comments report for your review and comment on high-profile projects. ◼ Preparation of a review comment letter for submittal to the Applicant. ◼ Attendance at a comment resolution meeting (if requested) with the representatives of the City and Applicant to answer questions concerning our review comments. GENERAL ENGINEERING SERVICES Since this proposal is for “as-needed” geotechnical engineering services, the scope of work is undefined at this time, and will be established on a project-specific basis. However, our geotechnical exploration (design) services typically begin in early planning stages of a project with geotechnical feasibility and due diligence studies; and geologic and seismic hazard assessments. After design-phase completion, Leighton can provide geotechnical observation and testing services during construction. The following presents a summary of our approach for geotechnical engineering services. GEOTECHNICAL INVESTIGATION Research Within 24 hours after receiving a Notice to Proceed (NTP) from the City, we will proceed with the Research task. This task will include review and research existing in-house and publicly available geological literature and geotechnical reports for the project area, as well as pertinent as-built and/or new design plans. These may include geologic and seismic hazard maps, topographic and soil surveys, aerial photos and digital data from previous investigations and site surveys. The research task will help us to better understand the site conditions and tailor our exploration to focus on data gaps. This is intended to result in a cost-effective exploration program and may provide indications or otherwise unforeseen costs during construction. For example, a review of historical aerial photographs may indicate previous site use history and possible undocumented fill in former depressions or narrow canyons. In this example, proper identification of that undocumented fill during the Research task may help avoid costly unforeseen conditions to unexpectantly remove additional undocumented fill during construction, especially when groundwater is encountered during removal. 4.12.c Packet Pg. 312 City of Diamond Bar | On-Call Geotechnical Engineering Services 25 Site Reconnaissance After we perform our review and research and collect related site information from the City, we will then perform a reconnaissance of the site and mark proposed subsurface exploration locations. Final locations of explorations will be made with consideration to accessibility, personnel and public safety, and the location of recognized utilities. As required by law, USA (DigAlert) will be notified at least two working days prior to the start of field work. In areas where there is risk of encountering unknown/unmarked utilities, we would utilize a private utility locator as a subconsultant. Field Exploration Field exploration will include soils and geologic exploration with a wide range of available methods, depending on site conditions and the project. We have found that identifying the proper exploration and field testing methods and furnishing qualified field personnel is essential for a successful project. Prior to exploration, our experienced field personnel are able to identify areas where site conditions may result in disturbed samples below groundwater, early refusal of explorations, inaccurate blowcount data, improper or incomplete logging, etc., which can lead to expensive re-exploration and field testing. Depending on project requirements, our field exploration can utilize an array of available exploration and field testing techniques, including hollow-stem auger drilling, Cone Penetrometer Test (CPT) soundings, air- and mud-rotary drilling, rock coring, Becker hammer testing, pressuremeter testing, vane shear testing, continuous core drilling, downhole logging of large-diameter borings, sonic drilling, surface and down-hole geophysical surveys, test pits, and installation of field instrumentation. The Leighton Team has successfully completed many specialty exploration and testing in difficult conditions including limited access issues, underground utilities, working on or adjacent to active roadways or rail, and difficult drilling through gravel and hard rock. We will manage and coordinate implementation of the exploration plan vetted for each project. Geotechnical Laboratory Testing Evident by our laboratories certified by Caltrans, AASHTO, DSA, and Army Corps of Engineers, Leighton has a rigorous testing protocol with procedures for sample procurement, handling, transport, and testing. Sample procurement and handling is performed per ASTM. For example, rock core sample handling is performed per ASTM D5079 “standard practices for preserving and transporting rock core samples.” We perform a full spectrum of geotechnical soil testing in- house, including, but not limited to: Moisture/Density, Specific Gravity, Grain Size Analyses, Atterberg Limits, Proctor Compaction, Sand Equivalent, Expansion Index, Consolidation/Swell, Direct Shear, Torsional Ring Shear, Stabilometer (R-value), and Corrosion Suite. 4.12.c Packet Pg. 313 City of Diamond Bar | On-Call Geotechnical Engineering Services 26 Engineering Analysis and Report Preparation Upon completion of laboratory testing, engineering analyses will be performed to develop recommendations for site grading, design and construction of foundations, below grade walls, slabs-on-grade and pavements. A report will be prepared with appropriate graphic exhibits to present our findings and recommendations for City review. Typically, we will email to you a PDF of the report text for your review, before we finalize the report. The report will contain exploration data and our interpretations, basis of analysis, conclusions, recommendations, mitigation measures, and constructability issues. The report will be prepared under the supervision of a Registered Geotechnical Engineer (GE) and/or Certified Engineering Geologist (CEG). Bound copies and PDF of the final report will be provided and distributed in the quantity requested, and typically will include the following: ◼ Field and laboratory procedures used in exploration, ◼ Logs of the explorations summarizing subsurface conditions encountered, results of laboratory testing, and a plan indicating the location of the explorations (recorded by a hand-held Global Position System (GPS) unit and plotted on a base map provided by you or surveyed by us), ◼ A discussion of earth materials encountered in the explorations and measured engineering properties, ◼ A discussion of site-specific geologic and seismic hazards, including the location of known faults near the site and the potential for fault rupture through the site, liquefaction, seismic settlement, landsliding, and earthquake-induced ground subsidence and/or flooding, ◼ Seismic design parameters and ground motion response spectra for variable structural damping and range of periods as necessary to evaluate the structure, if necessary, ◼ Recommendations for design of foundations, including vertical and lateral (passive and friction) load-supporting capacities, embedment depths and settlement estimates due to structural loads, ◼ Recommendations for design of earth retaining structures including active, at-rest and passive earth pressures for both under static and dynamic loading conditions, ◼ Recommendations for site grading and earthwork including removal of compressible, expansive or unsuitable existing fill soils, if applicable, placement and compaction of fill and backfill materials, and site drainage, 4.12.c Packet Pg. 314 City of Diamond Bar | On-Call Geotechnical Engineering Services 27 ◼ Stability of slopes, and possibly recommendations for mitigation alternatives to address slope instability and possibly landslides, ◼ Asphalt and/or concrete pavement design based on City Standards, Caltrans Standards and Traffic Indices pertinent to a specific project, ◼ Construction considerations such as rippability and blasting, pile driving vibration damage threshold, caving in cast-in-place piles, ◼ Discussion of ground improvement alternatives using grouting and/or other in-situ ground improvement considerations such as Geopiers, stone columns, surcharges, chemical treatment, ground reinforcement, etc., ◼ Recommendations for control of groundwater seepage, temporary sloped excavations and temporary shoring, soil nails and tiebacks, ◼ A discussion of the corrosivity and sulfate and/or chloride attack potential of site soils, including corrosion and chemical attack mitigation measures, if necessary, ◼ Any other geotechnically relevant issues that may be encountered. GEOTECHNICAL FIELD OBSERVATION AND TESTING Our experienced staff of field technicians, geologists and engineers is available to provide geotechnical field observation and testing of earthwork and grading activities for the verification of the quality of work in progress and/or completed during construction phases of the project. Our soils and materials laboratory is capable of performing the necessary tests in compliance with California Test Methods specified in the Caltrans "Manual of Testing" for Federal Funded projects and the latest requirements of ASTM, “Greenbook” or as otherwise specified in the contract documents. Typical tasks to be performed during construction will include: ◼ Geologic mapping of bedrock during grading, especially for hillside project involving stability issues to confirm exposed conditions are consistent with those anticipated in the project soils report and provide recommendations for remedial measures where appropriate. ◼ Field observation, documentation, and testing of fill placement by a qualified soil field technician for grading operations of the site grading performed in general accordance with the recommendations of the plans and specifications, the project soil engineering report, and typical earthwork practices. ◼ Installation of settlement monitoring systems and measurement of data indicating amounts and rates of settlement of deeper fills. 4.12.c Packet Pg. 315 City of Diamond Bar | On-Call Geotechnical Engineering Services 28 ◼ Observation and testing of on-site utility trench backfill and curb, gutter, and sidewalk. ◼ Laboratory testing of selected onsite or import soil samples performed to evaluate their geotechnical characteristics. ◼ Attendance at on-site construction meetings. ◼ Preparation of Daily Field Reports by our technician summarizing each day’s earthwork- related activities, including areas tested and those areas requiring retesting. ◼ Preparation of a geotechnical report presenting summaries of the earthwork activities and the results of our field and laboratory testing performed. ENVIRONMENTAL HAZARDS CONCERNS FOR INFILL PROJECTS To preserve open space, biologically sensitive, and tribal cultural areas, the City plans to focus on infill projects to redevelop blighted or underused properties to spur economic development. Blighted properties can have environmental issues such as contamination from previous or historic land use, including releases of toxic substances from dry cleaners or gas stations, posing a risk to human health. To identify and address these issues, Leighton can provide comprehensive environmental consulting services, from due diligence to remediation, under a separate task order project. Below is a list of our environmental capabilities: ◼ Phase I Environmental Assessments and due diligence studies ◼ Hazardous building sampling and removal specification preparation ◼ Review of previous studies and recommendations for any additional assessment ◼ Phase II subsurface environmental investigations of soil and groundwater ◼ Soil vapor investigation and vapor intrusion studies ◼ Health risk assessment to determine cleanup levels and remedial approaches ◼ Cost estimation and schedule preparation for environmental cleanup costs ◼ Real estate transaction support for environmental cost deductions ◼ Expedited environmental agency closure negotiations ◼ Regulatory compliance and permitting ◼ Remedial action plans and implementation ◼ Environmental forensic studies to identify sources of environmental impacts ◼ Hazmat and site history text preparation for EIR input ◼ Oversight of grading in areas of impacted soils ◼ Soil vapor extraction and groundwater treatment system design, operation, and Maintenance ◼ Management of off-haul and disposal of contaminated materials ◼ SCAQMD Rules 1166 and 1466 monitoring 4.12.c Packet Pg. 316 City of Diamond Bar | On-Call Geotechnical Engineering Services 29 FEE SCHEDULE 4.12.c Packet Pg. 317 City of Diamond Bar | On-Call Geotechnical Engineering Services 30 4.12.c Packet Pg. 318 City of Diamond Bar | On-Call Geotechnical Engineering Services 31 4.12.c Packet Pg. 319 City of Diamond Bar | On-Call Geotechnical Engineering Services 32 4.12.c Packet Pg. 320 City of Diamond Bar | On-Call Geotechnical Engineering Services 33 TERMS AND CONDITIONS We have reviewed the City’s Consulting Services Agreement attached to the April 12, 2021 RFP. We are confident that we can reach an agreement with some minor modifications to the contract as in past years. 4.12.c Packet Pg. 321 Agenda #: 4.13 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: THIRD AMENDMENT TO EXTEND THE FRANCHISE AGREEMENT WITH CLEAR CHANNEL OUTDOOR FOR ONE (1) ADDITIONAL YEAR, FROM JULY 1, 2021 THROUGH JUNE 30, 2022. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Mayor to sign, Third Amendment to Franchise Agreement to extend the agreement for a period of one (1) year for bus shelters in Diamond Bar. FINANCIAL IMPACT: On a quarterly basis, Clear Channel Outdoor will pay to the City 19.1% of the gross advertising revenues it receives from July 1, 2021, through December 31, 2021, after agency commission, which will not be less than a minimum of $2,000 per month. No franchise fee will be paid to the City in the second half of the 1 -year extension because the vendor will not be able to install advertisements on the shelters due to the City’s planned bus shelter replacement project. However, the vendor’s maintenance service at the bus stops will continue through the end of the 1-year extension. BACKGROUND: The City Council approved the Bus Shelter Franchise Agreement (Original Agreement) on September 5, 2000, for the period of July 1, 2000, through June 30, 2007. The Original Agreement was with Eller Media Company; however, the company was renamed on July 1, 2001, to Clear Channel Outdoor (CCO). On May 15, 2007, the City Council approved the First Amendment to the Original Agreement to extend the term for seven (7) years from July 1, 2007, through June 30, 2014. A Second Amendment was approved at the October 21, 2014, City Council meeting for another seven (7) years from July 1, 2014, through June 30, 2021. The agreement inclusive of the amendments currently provides for the maintenance and 4.13 Packet Pg. 322 operation of 35 bus stops shelters (shelter, bench & trash receptacle) and 53 bus stop benches (bench & trash receptacle). All shelters, benches , and trash receptacles currently in place were paid for and installed by CCO per the City’s design a pproved by the City Council at the time. 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 CCO at the bus stops (sheltered and unsheltered) include cleaning, repairing, servicing trash receptacles, and replacing components destroyed in an automobile accident or by vandalism. In May 2020, the City upgraded the bus shelters and amenities at the intersection of Diamond Bar Boulevard and Temple Avenue. This upgrade was funded through the Foothill Transit’s Bus Stop Enhancement Program. Since the grant agreement would not allow for the installation of advertisement panels, CCO was released of the maintenance responsibility at this location and requested to update their inventory list. CCO continued to provide maintenance at the rem aining 34 bus stops shelters and the 53 bus stop benches (bench & trash receptacle). The City has been providing maintenance service at this intersection since May 2020. ANALYSIS: The current agreement is set to expire on June 30, 2021; therefore, a 1 -year extension request letter was submitted by CCO (Attachment A). This extension will allow for the phase-out period (transition) to replace the remaining bus shelters that are owned and maintained by CCO with the City’s new bus shelters as part of the approved Citywide Bus Shelter Replacement Program (CIP Project# TI22300) for the Fiscal Year 2021/22. The CIP Project is scheduled to use Prop A funds to replace all bus shelters and unsheltered bus stops (including benches and trash receptacles) Citywide. Project details will be discussed at future meetings. Since CCO will not be able to use the bus shelters for advertisement during the construction phase of the replacement Project, they proposed to pay the franchise fee for the first half of the 1-year extension only. All other current terms of the franchise agreement, including the maintenance service, are to remain in place, for the full contract year. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: 4.13 Packet Pg. 323 REVIEWED BY: Attachments: 1. 4.13.a Third Amendment to Clear Channel Agreement 2. 4.13.b Extension Request Letter 4.13 Packet Pg. 324 1 THIRD AMENDMENT TO FRANCHISE AGREEMENT FOR BUS SHELTERS This Third Amendment to Franchise Agreement for Bus Shelters (“Third Amendment”) is made and entered into as of June 15, 2021 (“Effective Date”), by and between the City of Diamond Bar, a municipal corporation (“City”), and Clear Channel Outdoor, LLC, a Delaware Limited Liability Company, as successor in interest to Eller Media Company, a California corporation (“Franchisee”) with reference to the following: RECITALS A. The City and the Franchisee (collectively, the “Parties” and each, individually, a “Party”) entered into that certain Franchise Agreement For Bus Shelters dated as of September 5, 2000, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and Franchisee entered into that certain Amendment #1 to the Original Agreement dated May 15, 2007, which is incorporated herein by this reference (“First Amendment”); and C. The City and Franchisee entered into that certain Amendment #2 to the Original Agreement dated October 21, 2014, which is incorporated herein by this reference (“Second Amendment”), which Second Amendment, First Amendment and Original Agreement are collectively referred to herein as the “Agreement”; and D. The Parties desire to amend the Agreement as provided herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings assigned to such terms in the Original Agreement. 2. Term. The Term of the Original Agreement as extended by the First Amendment and Second Amendment is from September 5, 2000, to June 30, 2021. This Third Amendment shall extent the Term from July 1, 2021 through June 30, 2022 (“Extension Term”). 3. Fee Payable to the City. Subsections 2.a and 2.b. of the Original Agreement are deleted in their entirety and replaced with the following: 4.13.a Packet Pg. 325 2 “a. In consideration of the rights and obligations under the Agreement and this Third Amendment, Franchisee shall pay to the City Two Thousand Dollars ($2,000.00) on a quarterly basis as set forth in subsection b below or 19.1% of the gross advertising revenues generated by Franchisee, whichever is greater for the period from July 1, 2021 through December 31, 2021, after agency commission, for the rental of advertising space in and on each shelter. For the period from January 1, 2022 through June 30, 2022, Franchisee will continue to maintain the advertising bus shelters, but shall not pay any fee to the City. b. Franchise shall make payment to the City on a quarterly basis for all shelter revenues due City for the preceding quarter. Payments are due on October 15, 2021, and January 15, 2022.” 4. Shelter and Bench Maintenance Repair. Franchisee shall continue to service and maintain the advertising bus shelters at the current level, including pressure washing on an as-needed basis, but no less than twice per year for the entire 12-month Extension Term. 5. Shelter Removal Notice. Franchisee requires, and City agrees to, a ninety (90) day written notice for any shelters to be removed in order that Franchisee may take care of existing advertising clients. 6. Integration. This Third Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein and supersede all negotiations with respect hereto. This Third Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Third Amendment and the Agreement, the terms and provisions of this Third Amendment shall control. 7. Execution. This Third Amendment may be executed in one or more counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. 4.13.a Packet Pg. 326 4.13.aPacket Pg. 327 Clear Channel Outdoor 19320 Harborgate Way Torrance, CA 90501 Call 310-755-7200 / Visit ClearChannelOutdoor.com / Follow @CCOutdoorNA Public Affairs Department Southern California Division May 26, 2021 City of Diamond Bar Attn: Hal Ghafari, PE Public Works Manager/Assistant City Engineer 21810 Copley Drive Diamond Bar, CA 91765 RE: 3rd FRANCHISE AGREEMENT AMENDMENT FOR BUS SHELTERS BETWEEN CLEAR CHANNEL OUTDOOR, LLC (CCO) AND THE CITY OF DIAMOND BAR (City) DATED SEPTEMBER 5, 2000, AS AMENDED BY AMENDMENT #1 TO FRANCHISE AGREEMENT FOR BUS SHELTERS DATED MAY 15, 2007 AND AMENDMENT #2 TO FRANCHISE AGREEMENT FOR BUS SHELTERS DATED OCTOBER 21, 2014. Dear Mr. Ghafari: Thank you very much for the Zoom meeting on May 26, 2021 as well as multiple prior meetings with us to discuss the status of the current Bus Shelter Agreement between Clear Channel Outdoor and the City. As you shared with us, the City of Diamond Bar is planning on replacing the bus shelters within the next 12 months, some of which might not be available for advertising at some point during the extension period. Therefore, due to the uncertainty of the number of shelters that will be available for advertising purposes, CCO is requesting to extend the existing agreement per the terms listed below: I.Term Extension: •12 months initial extension •CCO continues to pay the City $2,000/Quarter or 19.1% of Gross Revenue per quarter generated by CCO, whichever is greater for extension months 1 to 6. •For extension months 7 to 12, CCO will continue to maintain the advertising shelters, however, CCO will not be responsible to pay any fee to the City. •CCO will continue to service and maintain the advertising bus shelters at current level, including power washing on an as-need basis, but no less than twice per year for the entire 12-month extension. •The City shall give CCO a 90-day notice for any shelters to be removed (in order for CCO to accommodate our existing advertising clients). CCO appreciates the long-standing relationship with the City and we look forward to continuing that relationship if possible. Please let me know if you have any questions and/or if we can be of any assistance to help process the extension request. I can be reached at (310) 755-7234 or at LayneLawson@ClearChannel.com. Sincerely, CLEAR CHANNEL OUTDOOR, LLC Layne Lawson, Vice President of Public Affairs Southern California cc: Christian Malpica, Associate Engineer – City of Diamond Bar Attachment A4.13.b Packet Pg. 328 Agenda #: 4.14 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONSULTING SERVICES AGREEMENT CONTRACTS WITH (1.) ITERIS, INC., (2.) FEHR & PEERS, AND (3.) KIMLEY HORN AND ASSOCIATES, INC. FOR ON-CALL TRAFFIC AND TRANSPORTATION ENGINEERING SERVICES THROUGH JUNE 30, 2024. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Approve, and authorize the Mayor to sign, Consulting Service Agreement for a period of three (3) years in a not to exceed annual am ount of $130,000 per Fiscal Year with Iteris, Inc. for On-Call Traffic and Transportation Engineering Services. B. Approve, and authorize the Mayor to sign, Consulting Service Agreement for a period of three (3) years in a not to exceed annual amount of $40,000 per Fiscal Year with Fehr and Peers, for On -Call Traffic and Transportation Engineering Services. C. Approve, and authorize the Mayor to sign, Consulting Service Agreement for a period of three years in a not to exceed annual amount of $26,000 per Fiscal Year with Kimley Horn for On-Call Traffic and Transportation Engineering Services. FINANCIAL IMPACT: Public Works Department’s Fiscal Year 2021/22 Operating Budget includes a budget amount of $196,000 for on-call traffic and transportation engineering consultant services. This budget includes $20,000 for traffic signal timing support for the Grand Avenue/Golden Springs Intersection Enhancement Project and $50,000 timing support for the Caltrans SR-57 Pavement Rehabilitation Detour Project which will be reimbursed by Caltrans. Other categories of the budget include the support for the City’s Traffic Management System, general traffic engineering services, and private land development projects traffic review which will be paid from the developers’ deposits. 4.14 Packet Pg. 329 Adequate funds will be included in the future fiscal years’ operating budget. BACKGROUND: To augment the City’s professional services, multiple traffic and transportation engineering consultants have been utilized by staff on an as -needed basis. The current consultant service agreements will expire on June 30, 2021. For the scope of service required for Public Works functions within the City, it is beneficial to retain a full range of professional capabilities with consulting firms that are able to meet and address the City’s vision and goals when serving the community and maintaining critical traffic infrastructures. Additionally, retaining three (3) consultants enables the City to efficiently solicit the required three (3) quotes per the City’s Purchasing Ordinance prior to awarding work for centain public projects. The scope of services to be provided may include: • Geometric and Traffic Signal Design • Environmental and Traffic impact Analysis Report Preparation and Review • Conduct Studies and Report Preparation • Traffic Management System Support • Signal Timing • Adaptive Traffic Control System (ATCS) Support • Transportation System Planning • Traffic Signal Operation and Coordination Studies • Congestion Management Program (CMP) Data Preparation • Project Management and Construction Support • Public Meetings • Intelligent Transportation Systems (ITS) Design • Traffic Data Collection • Freeway/Regional Traffic Modeling Services • General Plan Preparation & Review Services • Funding and Grant Support Services, and • Other related services as requested by the City which pertain to the development and capital projects. ANALYSIS: On March 18, 2021, the City issued a Request for Proposals (RFP) inviting qualified consultants to submit competitive bids for traffic and transportation engineering services on an as-needed basis as required for the solicitation of Professional Services by the City of diamond Bar’s Purchasing Ordinance (Section 3.24.070). A total of fifteen (15) proposals were received on April 20, 2021, from the following consulting firms: 1. Advantec Consulting Engineers, Inc. 2. AGA Engineers, Inc. 3. Fehr and Peers 4. General Technologies and Solutions 5. Interwest Consulting Group 4.14 Packet Pg. 330 6. Iteris, Inc. 7. JMDiaz 8. Kimley Horn and Associates, Inc. 9. KOA Corporation 10. LAE Associates, Inc. 11. LIN Consulting, Inc. 12. Minagar & Associates, Inc. 13. Stantec Consulting Services, Inc. 14. TJKM Transportation Consultants, and 15. Transtech Engineers, Inc. City staff independently reviewed each proposal and then collaborated to determine the most qualified consultants using the following evaluation criteria: • Staff Qualifications • Firms Qualifications • Approach/Methodology • Level of Effort (Staffing commitment and time allocation) • Ability to meet City’s schedule and expectations • Relevant References (Record of performance) • Firm’s comments on the consulting service agreement The Public Works Department staff panel unanimously agreed that Iteris, Inc., Fehr and Peers, and Kimley Horn Associates, Inc. are recommended for a three (3) year contract to provide on-call traffic and transportation engineering services with the option to extend the contract for one (1) additional two (2) year term upon mutual consent. Any extension proposed will be presented to the City Council after the initial three -year term for review and consideration. Each of these consultants has previously worked for the City to successfully deliver projects and services. The firms also possess a broad range of experience with other municipalities and agencies, bringing a diverse knowledge base of local and regional municipal work. Principals Traffic and Transportation Engineering are the most commonly utilized staff for the types of services typically required by the City of Diamond Bar. Field support is also utilized for the City project as needed. The hourly rates of the fifteen (15) responding consultant’s Principal Traffic and Transporation range from $210/hour to $290/hour, and the field support from $100/hour to $126/hour. Iteris, Inc., Fehr and Peers, and Kimley Horn and Associates, Inc. hourly rates were within the median range for both Principal Traffic and Transportation and field support: Consultant Principal (hourly) Field Support (hourly) Iteris, Inc. $270 $100 Fehr and Peers $265 $115 Kimely Horn and Associates, Inc. $275 $105 Iteris, Inc. is currently under contract with the City for on-call traffic and transportation 4.14 Packet Pg. 331 services and has performed exceptionally well in providing quality service and response times, help staff to maintain Citywide signal timing coordination and synchronization, perform traffic signal communication integration and troubleshooting, and provides support for the City’s Traffic Management System (TMS) and Adaptive Traffic Control System (ATCS). Fehr and Peers is currently under contract with the City for on-call traffic and transportation services and has performed exceptional ly well in providing support for the SR-57/SR-60 Confluence Project for design and traffic plan review, and for the traffic study and support for the Diamond Bar Dual Left Turn Improvement at SR-60 On-ramp. Fehr and Peers will be able to provide additional support for transportation system planning, freeway, and regional traffic modeling services. Kimley Horn and Associates, Inc. is currently under contract with the City for on-call traffic and transportation services and has performed exceptionally well in providing timely reviews of new commercial parking studies, land development traffic impact analysis report reviews, assisted in the development and procu rement of the City’s ATCS, and provided recommendations for circulation and access management. Kimley Horn will be able to provide additional traffic and transportation service support for ITS design, Neighborhood Traffic Management Program (NTMP) designin g, traffic field assessments, general plan preparation & review plans, Congestion Management Program (CMP) data preparation, and funding & grant support services. The Public Works Department’s operating budget includes funds for traffic timing support for the following ongoing projects: • Grand Avenue/Golden Springs Intersection Enhancements, and • Caltrans SR-57 Pavement Rehabilitation Detour Project. Caltrans will reimburse the City for this service support under Cooperative Agreement No. 07-5198. Compensation for traffic and transportation services will be billed in accordance with the appropriate classification of service provided pursuant to each consultant’s fee schedule. LEGAL REVIEW: The City Attorney has reviewed and approved the agreement as to form. PREPARED BY: 4.14 Packet Pg. 332 REVIEWED BY: Attachments: 1. 4.14.a Consultant Services Agreement - Iteris, Inc. 2. 4.14.b Consultant Services Agreement - Fehr and Peers 3. 4.14.c Consultant Service Agreement - Kimley Horn and Associates, Inc. 4.14 Packet Pg. 333 1 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 15, 2021 by and between the City of Diamond Bar, a municipal corporation ("City") and Iteris, Inc., a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Traffic and Transportation Engineering services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Christian Malpica, Associate Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2021, and shall continue until June 30, 2024 unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Consultant’s rates shall be fixed during the initial Term of this Agreement. Rate increases in compensation will be only considered in the event the City exercises its option to extend the Agreement and apply as of July 1, 2024. . Any rate increase will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles- Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. 4.14.a Packet Pg. 334 2 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred and Thirty Thousand Dollars ($130,000) per Fiscal Year without the prior written consent of the City. The above not-to-exceed amount shall include all costs, including but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. Payment will be made only after submission of proper invoices. D. City will pay Consultant the amount property invoiced within 35 days of receipt. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is 4.14.a Packet Pg. 335 3 audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense, fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section2782.8, Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its 4.14.a Packet Pg. 336 4 sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. (3) To the fullest extent permitted by law, the Consultant agrees to indemnify and hold indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) A policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) Property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) Automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property 4.14.a Packet Pg. 337 5 damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 4.14.a Packet Pg. 338 6 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 4.14.a Packet Pg. 339 7 15. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work during the term. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, 4.14.a Packet Pg. 340 8 Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. 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. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to 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. 24. Reserved. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 4.14.a Packet Pg. 341 9 “CONSULTANT” “CITY” Iteris, Inc. City of Diamond Bar 1700 Carnegie Avenue, Suite 100 21810 Copley Drive Santa Ana, CA 92705 Diamond Bar, CA 91765-4178 Attn.: Attn.: Daniel Fox, City Manager Phone: Phone: (909) 839-7010 E-mail: E-mail: dfox@diamondbarca.gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" CITY OF DIAMOND BAR By: ______ By: Printed Name_Ramin Massoumi_____ Nancy A. Lyons, Mayor Title: Senior Vice President__________ By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By: David DeBerry, City Attorney Jason Xu, Associate VP (949) 270-9504 jxu@Iteris.com 4.14.a Packet Pg. 342 10 *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 4.14.a Packet Pg. 343 Response to Request for Proposals for Professional On-Call Traffic and Transportation Engineering Services 08063-100.22 April 20, 2021 Submitted to: Mr. Christian Malpica, Associate Engineer City of Diamond Bar, Department of Public Works 21810 East Copley Drive, Diamond Bar, CA 91765-4178 Innovating Through Informatics™ 4.14.a Packet Pg. 344 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | i COVER LETTER April 20, 2021 Mr. Christian Malpica Associate Engineer City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, California 91765 Re: Proposal for Professional On-Call Traffic and Transportation Engineering Services 08063-100.22 Dear Mr. Malpica: At Iteris, Inc. (Iteris), we want to play a key role in transforming the built and natural environments into thriving communities. The firm's unmatched experience and broad range of professional consulting services help our clients plan and implement innovative strategies to meet the challenges of tomorrow, focusing our efforts on revitalizing and building resilient cities. The various projects that will be released as part of this on-call provide a unique opportunity of the City of Diamond Bar (City) to improve safety and mobility. At Iteris, we are committed to creating positive impacts on our communities, proven by our success in delivering successful projects that exceed stakeholder expectations, and offer the City all listed services under the work for Traffic and Transportation Engineering services. Iteris is the leader in smart mobility infrastructure management for the transportation industry and headquartered in Santa Ana, California. We specialize traffic engineering design, traffic signal operations, traffic signal systems, intelligent transportation systems, and transportation planning. Our team of highly experience traffic engineers, transportation planners, and data analysts have comprehensive knowledge of traffic management and operations. Iteris designs and implements innovative solutions that help municipalities and government agencies reduce traffic congestion, enhance transportation system reliability, improve mobility and safety, and advance the development of thriving communities. Iteris proposes Mr. Jason Xu as Project Manager (PM) for this project, and Mr. Bernard Li as the Principal-in- Charge and QA/QC manager. Jason will be the primary contact with the City and Bernard will serve as the secondary contact. Our Iteris team provides you with the following distinct advantages: DIRECT RELEVANT EXPERIENCE FOR THE CITY OF DIAMOND BAR Not only does Iteris have extensive knowledge and experience in performing On-Call Traffic and Transportation Engineering services for numerous agencies including Diamond Bar, but Iteris also has developed an effective working relationship with City staff and has had a long relationship providing relevant services to the City, especially as a consultant on the City’s current and previous traffic and transportation on-call bench for over 10 years. This experience allows Iteris to develop consensus and deliver successful projects in the most cost effective and efficient manner with no learning curve. EXPERIENCED PROJECT MANAGER (PM) AND PROJECT TEAM Proposed PM, Mr. Jason Xu, PE, PTOE, PMP, has over 15 years of experience in providing municipal traffic and transportation engineering for numerous agencies including Diamond Bar, and fully understands the functional transportation needs and requirements of the City. Mr. Xu will be supported by Bernard Li, EE, TE, PTOE, who is also resident in the City of Diamond Bar and has intimate knowledge of City's existing system and fundamental needs. Additionally, Jason will oversee work for project inception to completion and will be responsible for coordinating staff activities and meetings. Iteris' excellent project management, technical staff, and proven work approach allows our team to deliver your projects efficiently while saving you time and money. With 125 local staff, we can easily accommodate simultaneous project assignments and achieve your project schedule. 4.14.a Packet Pg. 345 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | ii FAMILIARITY WITH CITY’S TRAFFIC MANAGEMENT AND COMMUNICATION SYSTEMS Iteris is highly familiar with City’s traffic patterns, traffic management system and communication infrastructure, having provided traffic signal operations and communication services to the City for many years. Iteris is the only consultant that has provided both TranSuite and SCOOT signal operation support service to the City. Iteris also integrated the City’s traffic communication network and for the past thirteen years, has assisted the City in maintaining the communication network to ensure communication with the traffic controller, CCTVs, Battery Back-up Systems (BBS), and Video Detection Systems (VDS). Our familiarity with the City will prove essential in ensuring top-notch signal operations and maintaining the City’s ITS devices. Iteris has reviewed the sample agreement and the terms and conditions are acceptable. Iteris has the professional experienced personnel with availability to provide all the requested services within this on-call contract entirely in- house, without the need for any teaming partners or subconsultants. Thank you for the opportunity to submit our proposal. Iteris looks forward to assisting the City of Diamond Bar on important traffic and transportation engineering projects. Please contact me at (949) 270-9527 or rmm@iteris.com, or the designated Project Manager, Mr. Xu, at (949) 270-9504 or jxu@iteris.com, should you have any questions. Sincerely, Iteris, Inc. Ramin Massoumi, PE Senior Vice President & General Manager Consulting Solutions SHARED GOALS FOR SAFETY AND ENHANCED MOBILITY Iteris is the global leader in smart mobility infrastructure management – the foundation for a new era of mobility. We apply cloud computing, artificial intelligence, advanced sensors, advisory services, and managed services to achieve safe, efficient, and sustainable mobility. Our end-to-end solutions monitor, visualize, and optimize mobility infrastructure around the nation to help ensure that roads are safe, travel is efficient, and communities thrive. 4.14.a Packet Pg. 346 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | iii CONFLICT OF INTEREST STATEMENT In accordance with the RFP, Iteris does not have any potential conflicts of interest to conduct work for the City of Diamond Bar. Additionally, Iteris conducts numerous contracts with clients across the nation; below is an abbreviated list of local clients in which Iteris has performed services for within the past three years. • Anaheim Elementary School District • City of Anaheim • Caltrans (District 12, 7, and 8) • City of Brea • City of Burbank • City of Camarillo • City of Chino • City of Chino Hills • City of Compton • City of Corona • City of Cypress • City of Diamond Bar • City of Downey • City of Fontana • City of Fountain Valley • City of Gardena • City of Hermosa Beach • City of Inglewood • City of Irvine • City of Irwindale • City of La Canada Flintridge • City of Laguna Beach • City of Laguna Niguel • City of Laguna Woods • City of Lake Forest • City of Lawndale • City of Long Beach • City of Los Angeles (including Department of Public Works and Transportation) • City of Manhattan Beach • City of Mission Viejo • City of Newport Beach • City of Ontario • City of Pasadena • City of Rancho Cucamonga • City of Rancho Palos Verdes • City of Redondo Beach • City of San Bernardino • City of Seal Beach • City of Simi Valley • City of South El Monte • City of South Gate • City of South Pasadena • City of Thousand Oaks • City of Torrance • City of Yorba Linda • County of Los Angeles • County of Orange • County of San Bernardino • Orange County Transportation Authority LITIGATION STATEMENT As a public company, any alleged significant litigation that the Firm is involved that the adverse outcome, in management’s opinion, individually or in the aggregate, may have a significant adverse effect on the Firm’s consolidated results of operations, financial position, or cash flows, such matters are required by law to be disclosed in its SEC filings. The Firm’s SEC filings can be found on the Firm’s website (URL: https://iterisinc.gcs- web.com/financial-information/sec-filings). Notwithstanding the foregoing and for purposes of being responsive to the question of disclosing any litigation in which the Firm has been a party to in the last five (5) years: (1) Mary Cheney, Surviving Spouse of Decedent Eric Cheney v. City of Killeen, et. al, Cause No. 286,720-C, filed in the District Court of Bell County, Texas. The surviving spouse contends wrongful death arising from a motorcycle/vehicular accident, alleging negligence in the cause of death of plaintiff’s spouse based upon a phase change in the operation sequence of an intersection traffic signal. The Firm and all other defendants were dismissed of all claims by the District Court. Plaintiff appealed and the Court of Appeals reversed the District Court’s order of dismissal and remanded the case back to the District Court for further proceedings. (2) Heather Dib v. County of Los Angeles, et al., Case No. BC612155, filed in the County of Los Angeles Superior Court of California. Plaintiff contends that, due to the height of the curb violating applicable building codes, plaintiff sustained injuries to her ankle when stepping off a curb at the emergency room of a medical center in Los Angeles. Plaintiff dismissed the Firm from the lawsuit with prejudice, there was no liability to the Firm or amounts required to be paid by the Firm to plaintiff for dismissal. (3) On September 15, 2016, a stockholder class action and derivative action (captioned Ionni v. Bergera, et al., Case No. 16-cv00807-RGA) was filed in the United States District Court for the District of Delaware against certain current and former Iteris directors and officers, and Iteris, Inc. as a nominal defendant. Among other things, plaintiff alleged that the 2014 and 2015 Iteris proxy statements were materially false and misleading, and failed to disclose that the Iteris’ compensation committee had the discretion to approve an annual grant to a 2007 Plan participant in excess of a given amount of stock options of SARs. Iteris denied any wrongdoing, nonetheless, to eliminate the burden, expense, and uncertainty of the litigation, on April 28, 2017 the parties entered into a Stipulation of Settlement and Compromise to resolve the litigation. The Court approved the settlement and entered a final judgment dismissing the action with prejudice on September 8, 2017, and the settlement became effective on October 10, 2017. 4.14.a Packet Pg. 347 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | iv TABLE OF CONTENTS 1 COMPANY OVERVIEW ................................................................................................................................................ 1 2 PROJECT TEAM & RATES ............................................................................................................................................. 4 3 PROJECT APPROACH & METHODOLOGY .................................................................................................................... 6 4 COMPARABLE EXPERIENCE & REFERENCES .............................................................................................................. 13 APPENDIX RESUMES .................................................................................................................................................... 16 Tables Table 1 – Iteris’ On-Call Experience ............................................................................................................................... 3 Table 2 – Iteris Standard Fee Schedule ......................................................................................................................... 5 Figures Figure 1 – Project Team Organization ........................................................................................................................... 4 4.14.a Packet Pg. 348 COMPANY OVERVIEW 1 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 1 1 COMPANY OVERVIEW The City of Diamond Bar (City) has requested qualifications to provide professional Traffic and Transportation Engineering services. This proposal focuses on Iteris’ core areas of expertise – Transportation Planning, Traffic Engineering, and Intelligent Transportation Systems (ITS). The City will require the expertise of skilled transportation engineering professionals best suited to successfully complete a variety of projects. Iteris team members possess the required expertise and availability to achieve success for the City. Company Background Iteris is the market leader in applying informatics solutions to the transportation industry. Decades of expertise in traffic management, along with superior services and patented products help detect, measure, and manage traffic and vehicular performance; minimize traffic congestion; and empower Iteris clients with solutions to better manage their transportation networks. The firm is headquartered in Santa Ana, CA with offices nationwide. Iteris team members are experts in the fields of traffic engineering, transportation planning, and Intelligent Transportation Systems (ITS). Iteris’ knowledge of these practice areas enables the firm to provide comprehensive services ranging from initial traffic impact studies, transportation modeling, planning, systems engineering, and detailed design, through implementation and performance monitoring. Iteris combines the knowledge of transportation engineers, systems engineers, system integrators, software engineers, and transportation planners to offer an unmatched combination of talent and experience. Iteris develops and deploys innovative solutions that help agencies reduce traffic congestion, enhance transit use, monitor, and manage transportation networks, and provide greater access to reliable traveler information. Iteris promises principal-level commitment to all projects and takes a disciplined approach to each project based on a very thorough quality assurance/quality control (QA/QC) standards, starting with an understanding of end-user needs. Core Disciplines Iteris was founded based on the principle of providing quality solutions on time and within budget. Committed to the transportation industry, Iteris applies in depth knowledge to solve the most challenging problems associated with the movement of people and goods to enhance a growing economy. Iteris delivers precise solutions that meet customer needs and expectations in the following areas: ITS & Engineering Mobility & Analytics Data Insights Smart Communities Connected & Autonomous Vehicles Integration, Operations & Maintenance Advanced Traveler Information Systems Commercial Vehicle Operations Services Relevant to this Project Iteris has extensive, relevant experience in traffic and transportation engineering, and has work with several agencies throughout Southern California. Projects range from planning and design to the implementation of multimodal transportation systems. 4.14.a Packet Pg. 349 COMPANY OVERVIEW 1 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 2 TRAFFIC ENGINEERING • Signal System Selection, Design, Deployment, Operation and Coordination • Bicycle Lane Design • Bulb-outs Design • Intersection Modifications • Lighting and Parking Design • Traffic Simulation • Pedestrian Crosswalk Enhancement • Road Widening/Realignment • Traffic Circles Planning/Design • Traffic Control Plans • Training and Research • Warrant Studies Iteris specializes in the design, evaluation, and operation of intersections and arterials to improve the efficiency and safety of vehicular traffic flow, pedestrian mobility, transit operations, and bicycle traffic. Iteris has co- authored the industry standard FHWA Traffic Control Systems Handbook and has assisted multiple agencies throughout the U.S. in the development of signal operation standards. TRAFFIC SIGNAL DESIGN • Traffic signal design and modification • TSP and EVP implementation • Signage and striping • Detection selection and implementation • Signal Performance Measures (ATSPM) modifications • Traffic signal phasing • Standard development • Construction Assistance • Testing and training As a leader in traffic engineering, Iteris has extensive experience providing planning and design of traffic signals and associated systems to improve safety and efficiency, extend capital investment life, and modify and improve operations, including for transit and emergency vehicles, pedestrians, and bicyclists. Iteris has been an integral part of design and deployment of thousands of signals nationwide. Our approach stems from a comprehensive understanding of traffic operations, and our engineers strive to provide cost-effective and problem-solving solutions within our signal planning and design. Iteris has extensive experiences in all stages of design development from signal system analysis, evaluation, and master planning to detailed Plans, Specifications, and Estimates (PS&E), hardware selection, and integration of hardware in the field. We utilize our extensive equipment knowledge and experience to help municipalities implement the right solution for their needs. TRAFFIC SIGNAL TIMING AND SYNCHRONIZATION • Signal timing/coordination analysis • Inter-jurisdictional and regional traffic signal coordination optimizations • Traffic signal phasing • Development of arterial traffic calming measures • Transit Signal Priority (TSP) timing • Before and after studies • Area-wide street network analysis • Vehicular and pedestrian safety • Ongoing Operations and Maintenance (O&M) • Construction assistance • Training Iteris excels in the assessment of existing traffic signal timing operations to improve the efficiency and safety of vehicular traffic flow, pedestrian mobility, transit operations and bicycle traffic. Iteris has designed, deployed, or equipped over 1/3 of the signalized intersections in the United States. Iteris continues to innovate in developing advanced solutions to complex problems with traffic operations. Iteris has extensive experience successfully completing numerous signal timing optimization projects throughout the country. TRANSPORTATION PLANNING • Travel Demand Modeling and Forecasting • Transit Planning • Traffic Impact Analysis • Graphic Information Systems • Microsimulation • Goods Movement • Bus Rapid Transit • Environmental Studies • Airport Ground Access • Area-Wide Circulation Plans • Corridor Studies • Neighborhood Traffic Impacts • Non-Motorized Planning • Parking Studies • Policy Analysis • Land-Use Planning • Master Plan Development • Light Rail Transit • Strategic Transportation Plans • System Performance Monitoring • Traffic Operations Analysis • Transportation Finance 4.14.a Packet Pg. 350 COMPANY OVERVIEW 1 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 3 Every successful project begins with thorough planning, from site access studies for neighborhood commercial centers to route alignment studies for new rail corridors. Iteris applies technical planning expertise to a wide variety of transportation projects, establishing a solid foundation of success in Transportation Planning. Iteris thoroughly understands the project development process and the importance of building public consensus in order to implement successful, long-term transportation solutions. Iteris offers experienced transportation planners who exemplify innovation in multimodal travel demand modeling, traditional and innovative transportation planning, and traffic engineering. Iteris’ transportation planners apply travel demand modeling to prepare transportation master plans for cities and counties, as well as for large private development projects. Iteris’ expertise in goods movement analysis and forecasting makes the firm a leader in traffic analysis, circulation, and master planning for ports and airports. Iteris’ expertise in traffic operations analysis allows the firm to team with agencies proposing roadway and freeway improvements. Iteris is involved in every facet of transit planning, from conceptual corridor alignment studies to environmental clearance of light rail, heavy rail, commuter rail, and Bus Rapid Transit (BRT). Iteris is also at the leading edge of traffic impact fee studies, climate change analysis related to transportation, and can assist clients with Senate Bill 743 (SB-743) Vehicle Miles Traveled (VMT) analysis, climate action plans, Greenhouse Gas Emissions (GHG) studies, and transportation system sustainability planning. ON-CALL SERVICES Iteris has extensive transportation engineering, planning and ITS on-call experience, having successfully managed and completed hundreds of on-call task orders for a wide variety of public agencies and municipalities. Iteris can serve any technical needs and respond quickly to task orders with accelerated schedules without sacrificing quality of work. The blend of Iteris’ local knowledge and vast transportation management experience provides the resources needed to tackle any technical requests that arise. Iteris’ past on-call engagements have involved the evaluation of impacts to traffic, transit and safety as a result of new developments (i.e. residential, retail, commercial), trip/parking generation, traffic control warrants, queuing analysis, travel demand forecasting, capacity analysis/simulation, pedestrian/bicycle/transit access studies, origin/destination analysis (using models, license surveys and MacID addresses), circulation analysis and traffic engineering design, as well as traffic signal timing, operation and coordination tasks . Table 1 provides an abbreviated selection of local agencies to which Iteris has provided on-call services over the past five years. Table 1 – Iteris’ On-Call Experience AGENCY Traffic Engineering Transportation Planning ITS Traffic Signal Operations Modeling/ Forecasting Grant Application Assistance Southern California City of Anaheim      City of Buena Park     City of Burbank     City of Chino  City of Corona    City of Cypress   City of Diamond Bar    City of Glendale     City of Irvine       City of Irwindale      City of Newport Beach    City of Orange   City of Pasadena    City of Pomona      City of Rialto   City of Santa Ana     City of Yorba Linda    4.14.a Packet Pg. 351 PROJECT TEAM 2 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 4 2 PROJECT TEAM & RATES Mr. Jason Xu, PE, PTOE, PMP has 15 years of experience in providing professional services in planning, design, operation, and implementation of traffic engineering and ITS. Mr. Xu has served as Project Manager on numerous traffic and ITS design/construction, traffic signal timing and synchronization, operational analysis, feasibility studies and municipal traffic engineering projects. His traffic engineering design expertise includes traffic signal installation, signal modification, roadway signage/striping, street lighting, and worksite traffic control and neighborhood traffic management. Mr. Xu’s ITS experience comprises fiber optic and wireless communications, CCTV, Video-Detection System, and field troubleshoot. He is highly experienced in traffic signal operations, having assisted numerous agencies in the analysis, retiming, corridor or network-based signal synchronization, and adaptive and response signal control. Mr. Xu’s transportation planning expertise includes traffic impact studies, parking studies, signal warrant analysis and traffic engineering study. He served as City Traffic Engineering Consultant for many agencies, helping resolve numerous day-to-day traffic engineering issues, including resident inquiries, plan checking, and safety evaluations. Jason Xu, PE, PTOE, PMP Project Manager Project Team Organization Iteris has the breadth of resources available to be responsive to on-call contract demands, allowing us to quickly respond to requests and complete assignments. With offices in Santa Ana (headquarters), Los Angeles and Oakland, Iteris has the resources of over 125 team members throughout California dedicated to Traffic Engineering, Transportation Planning, and ITS. Iteris’ proposed team organization is provided in Figure 1. Resumes are located in the Appendix. Figure 1 – Project Team Organization 4.14.a Packet Pg. 352 PROJECT TEAM 2 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 5 Hourly Rates Table 2 includes hourly rates for all key team members assigned to this project across the initial three-year term. Table 2 – Iteris Standard Fee Schedule CLASSIFICATION STANDARD BILLING RATES* Min Max Support Staff $143 $175 Assistant Engineer/Planner $121 $135 Associate Engineer/Planner $135 $162 Engineer/Planner $169 $233 Senior Engineer/Planner/Manager $231 $260 Associate Vice President/Principal/Director I $247 $328 Associate Vice President/Principal/Director II $322 $359 Vice President/Chief Scientist $353 $386 *Rates above effective through June 30, 2024 Standard Terms and Conditions • Billings will be monthly at the individual Categories and Maximum Rates for the persons performing the work during the performance period and are subject to annual adjustments. • An escalation will apply to the rates above should the contract extend past the third year. • Expenses will be billed at cost plus 10% for services and handling. Expenses include project-related costs, such as subcontractor services, traffic counts, postage/delivery service, reproduction, transportation, and subsistence. • All mileage rates will be based upon IRS standard rates. 4.14.a Packet Pg. 353 PROJECT TEAM 2 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 6 3 PROJECT APPROACH & METHODOLOGY Project Understanding The City of Diamond Bar has requested on-call professional engineering services to provide a wide range of traffic engineering and planning services. The Iteris team possesses a tremendous depth of experience of traffic engineering design and planning experience that strengthens the traffic and transportation capabilities offered to the City. The City will need an on-call consultant that not only can serve any technical need that arises but can also quickly respond to task orders with an accelerated schedule, without sacrificing quality of work. The Iteris team has successfully managed hundreds of on-call task orders in its history with a wide variety of public agencies and will meet the City's needs. Scope of Work The following paragraphs describe Iteris’ general approach to providing on-call services requested within the City’s RFP. This general work plan approach will be further refined based on the specifics of either each project or general task order to ensure that any project review and scheduled work product will be completed on schedule and to the City’s satisfaction without resulting in additional charges or delay to the City. In addition, prior to every project submittal, all deliverables will be reviewed by experienced staff to ensure the work is free of errors. It is important to note that while Iteris staff will effectively be serving as an extension of City staff, we will be aware of and responsive to applicant and project issues and will discuss those with City staff through the process. When appropriate, options for project designs, parameters, and conditions will be discussed with City staff to consider possible project options based on national and regional best trends and practices to provide what is best of the City. The scope of work under this service may include one or more of the following tasks: TASK 1. CITY TRAFFIC ENGINEERING SERVICES Task Lead: Paul Frislie City Traffic Engineering services include, but are not limited to, the attendance of City Council, Traffic and Transportation Commission, and other meetings, as necessary. Iteris has been providing such services for many local agencies. In fact, our staff has served as the extended staff for the City of Santa Monica, Pasadena, Anaheim, and Buena Park and Laguna Woods. Iteris’ support includes everything from managing the City’s traffic operations during City staff off hours and holidays to providing on-site traffic engineering support during City hours in areas where the City staff may not have the accreditation, expertise or simply the necessary staff to support day-to-day operations. Due to the level of service we provide, it is essential for our staff to be present during City Council and all relevant transportation meetings to provide support. Iteris will also prepare presentation materials as needed for the City staff or Iteris staff to present at these meetings. Based on the nature of the project awarded, Iteris will work with the City to determine the Staff and level of support that will be required to serve the City’s needs. The level of support can range from monthly meetings with the City to discuss current and future projects to actual on-site staffing to assist the City’s staff with everyday activities including any meetings that the City may deem pertinent. 4.14.a Packet Pg. 354 PROJECT APPROACH & METHODOLOGY 3 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 7 TASK 2. GEOMETERIC AND TRAFFIC SIGNAL DESIGN Task Lead: Paul Frislie Iteris will prepare or review traffic engineering plans, specifications, and estimates (PS&E) conforming to the latest City’s and Caltrans’ Standard, including: • New traffic signal installation • Work area traffic control • Traffic signal modifications • Traffic signal communication (fiber-optic or wireless) • Signing and striping • Construction administration/support/inspection • Street lighting • Intelligent Transportation System (ITS), e.g. CCTV cameras, video detection In general, for developing the PS&E package for design plans, Iteris will complete the tasks as identified by the City. These tasks in general will include, but not be limited to the following activities: • Research of existing utility company and City records to coordinate proposed improvements with existing field conditions. This activity is of prime importance to assure the accuracy of the field conditions, early identification of utility conflicts and avoiding contract change orders during the construction. • Completion of design projects including plans, specifications, and engineer’s construction cost estimate. Specifications shall be written in Microsoft Word and both physical and electronic copies shall be furnished to the City. The City will provide the specification boilerplate to Iteris. • All plans will be ink on Mylar drawings using the AutoCAD or MicroStation programs, or as directed by the City. All drawings will be completed per City Standards. • All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Iteris’ licensed professional engineer supervising the project. These signed originals will then become property of the City. Design parameters will conform to the latest guidelines of the California Vehicle Code; Caltrans Standard Plans and Specifications; Highway Design Manuals. the Federal and California Manual on Uniform Traffic Control Devices (MUTCD); and all other applicable local, county, state, and federal policies, guidelines, codes, and regulations. TASK 3. ENVIRONMENTAL STUDIES/TRAFFIC IMPACT ANALYSIS REVIEWS Task Lead: Chris Devlin Iteris offers experienced transportation planners who exemplify innovation in multimodal travel demand modeling, traditional and innovative transportation planning, environmental studies, and traffic engineering. Iteris’ transportation planners apply travel demand modeling to prepare transportation master plans for cities and counties, as well as for large private development projects. Iteris’ staff can assist the City in reviewing environmental studies/traffic impact studies for proposed development projects, studies, and report preparations for items such as traffic control devices (traffic signals, stop signs, etc.), citizen complaints and concerns, level of service at intersections, school safety issues and speed surveys/speed limit determinations. Depending on the project being awarded, Iteris will present the City with a team of planners and engineers, based on the personnel provided, that will provide the services required. With our depth of expertise, Iteris is more than capable of providing the support the City is seeking. TASK 4. PLAN CHECKING AND/OR DOCUMENT REVIEWS Task Lead: Paul Frislie Complete plan checking for proposed development projects is one of the many responsibilities Iteris staff have been managing for other local agencies. The City is specifically interested in support with the traffic control plans related to encroachment permit work. Iteris will review the traffic control plans and ensure that the plans meet the standards set forth in the WATCH manual, MUTCD, and any other applicable standards as required by the City 4.14.a Packet Pg. 355 PROJECT APPROACH & METHODOLOGY 3 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 8 and as applicable per project at hand. As with any review process, a timely and through review is key to prevent any project setbacks. For traffic control plans, Iteris has the qualified staff at hand to review within the ten (10) working days specified by the City. Should a shorter turn around be required, Iteris can certainly meet those demands as well to ensure the City gets the support it deserves. Review times and support team will be determined based on the size and level of skill required on a per project basis. TASK 5. PREPARE TRAFFIC DATA FOR COMPLIANCE WITH CONGESTION MANAGEMENT PROGRAM Task Lead: Naree Kim Iteris specializes in the design, evaluation, and operation of intersections and arterials to improve the efficiency and safety of vehicular traffic flow, pedestrian mobility, transit operations, and bicycle traffic. Iteris is very familiar with the Congestion Management Program (CMP) as well as many other systems and standards that FHWA and local agencies have addressed. The CMP is a systematic and regionally accepted approach for managing congestion that provides accurate timely information on transportation system performance. As the City of Diamond Bar is situated in Los Angeles County (LACO) and is adjacent to the 60 and 57 freeways, being able to alleviate congestions within the City is key in helping traffic flow through LACO. The CMP process includes: • Development of congestion management objectives; • Establishment of measures of multimodal transportation system performance; • Collection of data and system performance monitoring to define the extent and duration of congestion and determine the causes of congestion; • Identification of congestion management strategies; • Implementation activities, including identification of an implementation schedule and possible funding sources for each strategy; and • Evaluation of the effectiveness of implemented strategies. Iteris’ team of Traffic Engineers and Planners can assist the City in preparing traffic data compliance with the CMP system process. The team of experts will be presented to the City based on expertise required on a case-by-case basis. This will ensure that the City is supported by the best team for the job. TASK 6. TRAFFIC SYSTEM PLANNING SUPPORT Task Lead: Chris Devlin A typical scope of work for traffic system planning support includes, but is not limited to conduct studies and analyses, collect manual turning movement and machine traffic volume counts, use of SYNCHRO or modeling software to analyze traffic studies and intersections. Transportation Planning Studies The types of transportation planning studies that Iteris performs include: • Policy Area Compliance • Infrastructure transportation planning studies • Corridor studies • Travel demand forecasting • Traffic impacts studies • Parking studies • Traffic Circulation analysis • Multimodal transportation planning projects (rail, highway, non-motorized, goods movement, Bus Rapid Transit, advanced technologies, etc.) Typical transportation planning studies conducted by Iteris include the following key tasks: • Project scoping and coordination with City, identification of issues, identification of study area, affected roadway and facilities, agreement on methodology. • Data collection including field review of existing transportation facilities near the project, traffic data collection (see detail below), collection and review of recent documents. 4.14.a Packet Pg. 356 PROJECT APPROACH & METHODOLOGY 3 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 9 • Analysis of the project including trip generation potential, mode split (auto, transit, truck, non-motorized), capacity analysis of links and/or intersections, analysis of transit system impacts. • Deficiency Identification – identify deficiencies in the transportation system caused either by the project, by cumulative conditions, or both, in terms of level of service, traffic volumes, future speeds. • Recommendations including physical improvements to intersections, lanes, bridges, freeway facilities, transit facilities, bicycle facilities, other infrastructure, plus operational improvements or changes. • Documentation that is clear and understandable to not only the technical professional, but also to the public since transportation planning is often a key element of local projects. Iteris has conducted hundreds of traffic studies in support of EIRs and EISs throughout California. Iteris staff conducted studies for virtually every type of land use development and public works project. We have conducted intersection, arterial, and system level analyses using a variety of tools. We are extremely familiar with all methodologies including ICU, CMA, HCM and others. We have conducted thousands of intersection studies and have compared the results of the various methodologies. Warrant Analysis Iteris will perform warrant analysis, engineering studies and investigation as needed, including: • Traffic signal warrant analysis • Speed hump request • Crosswalk requests • Stop sign studies • Left turn warrant analysis • Line-of-sight analysis TASK 7. CAPITAL IMPROVEMENTS PROJECTS SUPPORT Task Lead: Naree Kim Iteris has supported many agencies with their capital improvement projects. Iteris’ knowledge of the City’s existing equipment, needs and future plans provide us with the information required to make decisions on the capital improvement projects that are most beneficial to the City. With employees that grew up and currently reside in the City, Iteris can assemble a team that that reflects the City and its residents and strives to provide the support necessary during project selection, bidding, construction, and final walk through to ensure that every capital improvement project is essential, beneficial, cost effective and successful. Upon receiving a notice to provide support on a capital improvement project, Iteris will present the City with a proposal reflecting the scope and staff that is best qualified to provide the necessary support. Iteris’ has the necessary licensed staff, Civil, Electrical and Traffic necessary to support the City’s capital improvement projects. TASK 8. OPERATIONAL SUPPORT FOR CITY’S TRAFFIC MANAGEMENT SYSTEM (TRANSUITE) AND ADAPTIVE CONTROL SYSTEM (SCOOT) Task Lead: Jason Xu Iteris prides itself in being able to support just about every traffic management system and adaptive control system in use today, including both City of Diamond Bar’s signal systems: Transcore TranSuite and Siemens SCOOT Adaptive. Iteris is the only consultant that has been and is currently using TranSuite and SCOOT to monitor all the traffic signal timings and operations for the City of Diamond Bar – including 17 signals that are currently still on TranSuite and 48 signals along three major arterials of Diamond Bar Boulevard, Golden Springs Drive and Grand Avenue, that have migrated to SCOOT control since late 2019. A common misconception about adaptive signal system is that once the system is operational, very minimal monitoring or maintenance is required because the system is capable of selecting the “best” cycle length. Although that is somewhat true to a certain degree, there is still plenty of activities to monitor and actions to take (e.g. detector settings) to ensure the system is operating at its optimal condition. Since SCOOT was implemented in late 2019, Iteris staff has used it to provide operational support proactively for both planned and unplanned events, including: 4.14.a Packet Pg. 357 PROJECT APPROACH & METHODOLOGY 3 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 10 • Protestors occupying Grand/Diamond Bar intersection on June 4, 2020; • High speed car chase that ended on Diamond Bar Boulevard at Palomino Drive on March 9, 2021; and • Major road construction on Grand/Golden Springs intersection that started in March 2021 and still ongoing. As we all know, since the beginning of the COVID-19 pandemic, traffic volumes have decreased significantly throughout the City of Diamond Bar with less freeway cut through traffic using our arterial roadways and shorter peak periods. As soon as the stay-at-home order was announced in March 2020, Iteris immediately acted and shortened the signal coordination timetable to allow signals to run more efficiently with shorter side street wait times during the extended non-peak periods. As we have successfully done for so many years for the City of Diamond Bar, Iteris will continue to provide proactive signal timing and operational support through remote and secured VPN login to both TranSuite and SCOOT systems, and closely monitor the traffic volume changes (i.e. increase) as we are finally approaching the end of this unprecedented pandemic. TASK 9. FIELD TECHNICAL SUPPORT FOR TRAFFIC NETWORK COMMUNICATION TROUBLESHOOTING, EQUIPMENT SET UP, AND CONFIGURATION Task Lead: Gabe Murillo Iteris is capable of setting up, configuring, integrating and troubleshooting different traffic network equipment and has been providing that service to the City for many years. When an equipment loses communication, Iteris engineers do not simply ignore the fault and report it to the City, rather, the team assesses the problem and either repair/reconfigure it or if the equipment is faulty, provides the City with the necessary recommendations to replace it. Iteris is extremely familiar with the City’s traffic network equipment including: • 2070 ATC Controllers with D4 software (for TranSuite) or SEPEC software (for SCOOT); • RuggedCom or Cisco switches; • New ComNet hub switches; • Clary BBS units; • Iteris VDS; • Cohu CCTV cameras; • TransSuite TMS; and • Siemens SCOOT Adaptive, and its parent system, TACTICS. In fact, Iteris has either installed or integrated just about every device that has installed in the City of Diamond Bar and has a comprehensive list of the IP addresses of all the devices. A traffic management system relies on all of those devices to be fully functional and serviceable. Having support staff that understands the different traffic management systems as well as the devices they rely on will be instrumental in acquiring the support the City is looking for. 4.14.a Packet Pg. 358 PROJECT APPROACH & METHODOLOGY 3 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 11 Regardless of the system or systems that our clients utilize, Iteris has been able to successfully assist them in supporting all of their needs. A traffic system is composed of much more than just the software that manages it. Being able to oversee all the devices that a system is composed of is something that only a select group of firms can deliver. Our team of Transportation, Civil, Electrical and Systems Engineers has the background and hands on experience to meet all of the City’s needs. With our team of experts assisting the City, we are very proud that the City’s entire traffic network and all its devices have maintained an uptime of nearly 100%. TASK 10. TRAFFIC SIGNAL TIMING AND COORDINATION Task Lead: Jason Xu Iteris is experienced in providing signal timing, operation, and coordination services. Iteris can assist the City of Diamond Bar in many areas and has been providing these services to the City for over ten years. The services Iteris can offer the City include but not limited to: • Traffic signal timing monitoring; • Remote and on-site staffing of traffic signal operations; • Updates of timing parameters per latest State or Federal Standards (e.g. pedestrian flashing-don’t walk, yellow change interval, etc.); • Response to residents’ request on signal timing check; • Prepare signal timing sheets and implement signal timing for new or modified signals; • Prepare and implement special event signal timing; and • Review traffic signal timing sheets prepared by others (e.g. L.A. County and/or other consulting firms). Traffic Signal Coordination Iteris can assist the City in developing and implementing traffic signal timing and coordination plans. A general outline of services as part of the Traffic Signal Operations Services is summarized as follows, which exemplifies Iteris’ experience with timing requirements and expectations. • Timing Parameters. Iteris will ensure the latest timing parameters being implemented in the field comply with current State/Federal requirements. • Coordination Timing Plans. Generating a citywide SYNCHRO networks containing the latest timing plans. New coordination timing plans will ensure that crossing corridors remain well coordinated and updated on these base networks. • Implementation and Fine-Tuning. Iteris can implement signal timings in the field controllers and perform fine-tuning in the field, as necessary. • Signal Coordinated Studies (Before & After travel times). The purpose of conducting before studies will be to capture actual (in the field) travel times along the study corridors. This will then serve as a base point of comparison to quantify the improvements made to the travel times with the deployment of the new signal timing plans. Iteris will provide the option to develop ‘before’ and ‘after’ comparison videos on select corridors for the City’s use in presentations to their residents and council members. 4.14.a Packet Pg. 359 PROJECT APPROACH & METHODOLOGY 3 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 12 Iteris has the planning and engineering expertise necessary for a one stop full-service traffic operations and coordination support. Iteris staff have coordinated signals along small corridors as well as corridors extending between multiple Cities and agencies such as County and/or Caltrans. When dealing with multiple agencies, it is necessary to have a good understanding of their different controllers, traffic management systems, communication networks, and timing preferences. Iteris has successfully provided such support for many projects in Los Angeles County, Orange County, statewide and nationwide. Iteris is familiar with the City’s 2070 D4 and SEPEC controllers, TransSuite and SCOOT systems. Our hands on knowledge and understanding of the City’s systems make us an ideal choice to provide the operations and timing support the City requires. TASK 11. OTHER RELATED SERVICES AS REQUESTED BY THE CITY Task Lead: Braulio Ramirez Iteris has been involved in just about every device and system that the City of Diamond Bar has integrated as part of their traffic management efforts. Iteris’ understanding of the City’s needs and existing transportation system infrastructure is second to none. As a leader in innovative and the field of transportation, Iteris is extremely experienced in designing, supporting, installing, integrating, and resolving any transportation need that the City may have. Should the City need support in planning for the future, our staff is currently involved with Connected Vehicle Projects throughout the country and has been heavily involved with new ways to provide bikeways and solutions that better serve our growing population and City residents. Whatever the City may need, Iteris has the expertise to support it. 4.14.a Packet Pg. 360 COMPARABLE EXPERIENCE & REFERENCES 4 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 13 4 COMPARABLE EXPERIENCE & REFERENCES Iteris is well known within the industry and has a long history of successful projects similar in scope for several California agencies, including the City of Diamond Bar. With a proven track record of on-time, within-budget performance, Iteris encourages the City to verify with the references provided for the project qualifications provided. Iteris has initiated over 1,000 ITS/Engineering and Planning projects within the last five years for a wide range of public and private entities including local agencies, counties, MPO, and Caltrans. Approximately 70% of these projects represent repeat clients - a testament to Iteris’ ultimate goal of client satisfaction. Iteris’ extensive traffic engineering, transportation planning and ITS experience is demonstrated within the three projects detailed below. Iteris, Inc. ITERIS IRWINDALE ON-CALL TRAFFIC ENGINEERING SERVICES – IRWINDALE, CA Reference William Tam, City Manager, City of Irwindale, 5050 N. Irwindale Avenue, Irwindale, CA 91706, (626) 705- 5723, wtam@ci.irwindale.ca.us Staff Bernard Li, Jason Xu, Mario Gutierrez, Lydia Chun, Naree Kim, Paul Clabough Duration 11/2005 – Ongoing Budget $270,000 Iteris served as the On-Call Traffic Engineer to the City of Irwindale. Services included Transportation Planning and Traffic Impact Studies, Traffic Simulation, Forecast Future Traffic Generation, Level-of-Services Analysis, Traffic Calming, Traffic Signal Design and plan review, Traffic Signal Operations, and Bike Lane/Signing and Striping. Detailed description of provided services are below: • Traffic Engineering Advisor for the Metro Gold Line Extension Project. Plan checked all the traffic plans including traffic signal, communications, signing/striping, and traffic control plans. Also prepared and implemented timing sheets for a new signal and assisted during signal turn-on. • Traffic signal timing update per MUTCD requirements • Traffic signal timing optimization and implementation along Arrow Highway and Irwindale Avenue • Preparation and implementation of temporary traffic signal timing for the Live Oak Rehabilitation Project • Developed Request-for-Proposal (RFP), and assisted in the evaluation and selection of a traffic signal system vendor • Review of traffic engineering plans and traffic studies for the Metro Gold Line Extension Project. • Performed traffic signal and stop warrant analysis for various intersections • Neighborhood traffic calming recommendations and design, including speed bumps, raised crosswalks • Construction management for new signal installation at Irwindale Avenue/Edna Place • Review of proposed signal timing prepared by the County • Preparation of HSIP funding application • Signing and striping design • Circulation analysis • Line-of-sight analysis • Left turn warrant analysis • Traffic impact study review 4.14.a Packet Pg. 361 COMPARABLE EXPERIENCE & REFERENCES 4 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 14 ITERIS ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA), TRAFFIC AND INTELLIGENT TRANSPORTATION SYSTEMS ENGINEERING SERVICES – ORANGE COUNTY, CA Reference Alicia Yang, Project Manager III, OCTA, 600 S. Main St., Orange, CA 92868, (714) 560-5362, ayang@octa.net Staff Jason Xu, Bernard Li, Gabriel Murillo, Paul Frislie, Omid Modaghegh, Naree Kim, Braulio Ramirez, Jose Castellanos, Mai Der Vang, Mario Gutierrez, Lydia Chun, Casey Hu Duration 02/2020 – 06/2023 (Ongoing) Budget $8,000,000+ Since 2010, Iteris has been selected by OCTA for several regional traffic signal synchronization (RTSS) projects throughout Orange County. More recently within the last two years, Iteris was again selected by OCTA to conduct the Main Street (67 intersections) and Katella Avenue (73 intersections) RTSS projects. These three-year projects include signal coordination and timing improvements, with the aim of improving traffic flow, enhancing public safety, and decreasing stops. Under the project agreement, Iteris also provided design and construction services for the upgrade of traffic signal electronics and communications equipment. As part of these projects, Iteris’ Intersection-as-a-Service™ end-to-end solution offering will deliver proactive monitoring of traffic signal operations at all project intersections. The primary goal of these projects is to deploy new Intelligent Transportation System (ITS) equipment and communication infrastructure to support the management of the cities’ transportation network, implement optimized coordination timing plans to achieve optimal traffic flow, and improve safety for all road users, including vehicles, buses, bicycles, and pedestrians. Iteris is proud to support OCTA’s goal of improving the safety and mobility of road users by embarking on these traffic signal synchronization projects. This initiative will ultimately help increase the value and effectiveness of the region’s existing transportation infrastructure, while improving air quality and reducing fuel consumption. ITERIS IRVINE ON-CALL PROFESSIONAL CONSULTING AND MODELING SERVICES – IRVINE, CA Reference Eunise Reynon, Associate Engineer, City of Irvine, 1 Civic Center Plaza, Irvine, CA, 92606, (949) 724-7374, ereynon@cityofirvine.org Staff Jason Xu, Bernard Li, Paul Frislie, Chris Devlin, Jason Xu, Kristin Tso, Paul Clabough Duration 2013 – Ongoing Budget $500,000 + On-Call Professional Traffic Engineering Services (2013-current) Iteris is one of the City of Irvine’s approved consultant team to perform the following services on an on-call basis: • Traffic Signal & Traffic Signal System Upgrade Design • Traffic Engineering Plan Check • Project Development Services • Travel Impact Analysis & Fee Nexus Studies • SB 743 Implementation and VMT • On-Call Transportation Planning/Engineering • Traffic Modeling Traffic Signal/System Upgrades and Technical Services Iteris was first selected om 2014 to complete the Barranca/Muirlands Regional Signal Synchronization Program (RTSSP) Project as part of our on-call services for the City. The project consisted of the development of a PS&E package for bid and construction; development and implementation of new signal timing plans for the weekday and weekend; and operations and maintenance for two years to ensure proper operation for all signals and equipment installed as part of this project. Due to the success of this project, Iteris was again selected in 2017 to complete the Von Karman/Tustin Ranch RTSSP Project within the cities of Irvine and Tustin, in 2018 to complete the Culver Boulevard/Bonita Canyon Drive/Ford Road RTSSP Project within the cities of Irvine and Newport Beach, and in 2019 for MacArthur RTSSP Project within the cities of Irvine and Newport Beach. In addition to the RTSSP projects, Iteris has also been assigned the following tasks as part of this current on-call: • Iteris is serving as extension of City staff to manage the City’s Irvine TMC during construction activities, 4.14.a Packet Pg. 362 COMPARABLE EXPERIENCE & REFERENCES 4 Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. | 15 school traffic, and special events. During this staffing period, Iteris staff has also been tasked with measuring new vehicle and pedestrian clearance distances. • Iteris upgraded the City’s existing video wall by assisting the City in developing design alternatives for TMC’s video wall upgrade. Through this effort, four design alternatives using various video wall technologies and configurations with conceptual drawings were developed to assist the City in selecting the best technology and configuration that suits their operational requirements. • Due to our knowledge of the RTSSP guidelines, Iteris assisted the City with the preparation of Measure M2 funding applications for two cycles. This included exhibits for the application, coordinating with participating agencies to identify potential approved improvements, finalizing the documents for submittal, and assisting with questions during the review of the applications. • Under current on-call, Iteris is assisting City to design CCTV camera at 42 locations. This includes the detailed field investigation, supplemental plans focused on installation of CCTV camera system, coordination with City staff, and assisting with questions during review process. • Iteris also provided design services at Jamboree Road and Main Street. This includes the preparation of PS&E package for traffic signal modifications, stage construction, signing and striping, street lighting services. • The City continues to be an innovator in the region, which is exemplified by the following projects that Iteris is assisting with: o Knowing that many of the major arterials in the City will be retimed at different times in the year or even years, the City has selected Iteris to assist with generating a Signal Synchronization Master Plan that will be the citywide approach to synchronization. This will include how signals should be grouped based on their traffic patterns and what cycle lengths these groups should be running to ensure that there is cross coordination throughout the City. o The majority of the City signalized intersections are currently collecting high-density data with granular insight on the performance of the intersection. City staff had taken the initiative to implement an Automated Traffic Signal Performance Measures (ATSPM) system that collects this data and presents it a graphical form. The Iteris Signal Performance Measures (SPM) system was one that was installed and expanding, especially to measure the performance of the City’s demonstration adaptive system that was installed in March 2019. o The availability of the high-density data depends on the detection that is in the field. Therefore, Iteris was tasked with installing new SDLC Interface Module that would open the available detector channels (up to 62 total inputs) at the video detection intersections to allow for more informed data to be collected, such as counts and lane by lane actuation. Projects Included: • Barranca/Muirlands RTSSP Project ($444,576; 06/2014-12/2017) • Various Technical Traffic Signal Services ($168,000; 12/2016-Ongoing) • Jamboree Rd and Main Street Intersection Improvement Project ($79,375; 10/2015-8/2016) • Von Karman/Tustin Ranch RTSSP Project ($404,540; 04/2017-Ongoing) • Development of Projects and Applications for Competitive Measure M2 ($75,000; 08/2017-Ongoing) On-Call Traffic Modeling Services (2014-2016) Iteris provided ongoing support to City Staff for the development and operation of ITAM (the City’s Travel Demand Forecasting Model). Support extended from development of Traffic Analysis Zone (TAZ) system, integration with OCTAM (OCTA’s Regional Travel Demand Forecasting), though trip generation, distribution, assignment, and validation. We also assisted the City with post-processing model results and the development of level of service analysis for input to Traffic Studies and Environmental Impact Reports. Iteris also supported City staff with review of Traffic Studies and other Transportation analysis and provides GIS support as-needed basis. Projects Included: • Irvine Business Complex NEXUS Update ($433,000; 4/2018-12/2020 • OCFA Fire Station Emergency Preemption Design Services ($5,455; 7/2015-Ongoing) 4.14.a Packet Pg. 363 APPENDIX Diamond Bar, Professional On-Call Traffic and Transportation Engineering Services Iteris, Inc. APPENDIX RESUMES Iteris • Jason Xu, PE, PTOE, PMP • Bernard Li, EE, TE, PTOE • Gabe Murillo, TE • Naree Kim, PE • Paul Frislie, PE, IMSA • Chris Devlin • Braulio Ramirez, PE • Kristin Tso, PE, TE • Jennifer Martin, PE • Mai Der Vang • Mario Gutierrez, EIT • Lydia Chun, EIT • Evan Shipley • Jose Castellanos, EIT • Jiayu Qian, PE, PTOE • Casey Hu • Paul Clabough 4.14.a Packet Pg. 364 JASON XU, PE, PTOE, PMP Project Manager & Task 8 & 10 Lead Innovating Through Informatics™ Iteris, Inc. Mr. Xu serves as Associate Vice President for Iteris’ Transportation Systems division and has been with the firm since January 2018. He has 13 years of experience working in various fields of traffic engineering and design, transportation planning, ITS design, signal system upgrade and integration, Transportation Management Center (TMC) operation, active transportation planning and design, freeway and arterial performance analysis, transportation system simulation, and a variety of engineering studies. Mr. Xu is an expert with traffic signal operation and synchronization. He served as project manager or task lead on numerous development/implementation of regional-based signal synchronization master plans, city-wide signal coordination, multi-jurisdictional signal synchronization, transit signal priority, and special signal operation logic. Mr. Xu is also skilled in the technologies of signal system interconnect, traffic detection, Signal Performance Measures (SPM) and Emergency Vehicle Preemption (EVP). Jason and his wife have been hiking on a weekly basis, and recently joined by their 4-year-old daughter. Their goal is to explore all popular trails listed on AllTrails along the West Coast. Project Experience Main Street Signal Synchronization - City of Ventura, CA Mr. Xu serves as Project Manager on this signal synchronization project to develop and implement optimized coordination timing plans for 24 signals along Main Street, Mills Road, Telephone Road, and Telegraph Road in City of Ventura. The four project corridors formed a grid network within the core business area in the City. Iteris also expanded the Synchro network to include additional intersections within original awarded budget to ensure that project corridors are well synchronized with crossing arterials. The project began in November 2018. Mr. Xu’s involvement on the project began in November 2018 and is ongoing. Citywide Traffic Signal Synchronization - City of Upland, CA Mr. Xu served as Task Lead on this Signal Synchronization project for the City of Upland. As part of the Update Coordination Timing task for SBCTA, Iteris developed and implemented optimized basic timing parameters and coordination plans at 69 signalized intersections in the City of Upland. This project updated signal timings to the current standards and optimized signal coordination progression within the grid based network of all the major arterials. The project began in June 2018. Mr. Xu’s involvement on the project began in June 2018 and concluded in March 2019. The project ended in March 2019. San Bernardino Valley Coordinated Traffic Signal System (SBVCTSS), San Bernardino County Transportation Authority (SBCTA) – San Bernardino County, CA Mr. Xu is providing engineering support on this regional TSS project to assist 16 local agencies within the San Bernardino Valley area to improve traffic progressions along many key regional corridors. Mr. Xu assists in the assessment of the existing signal operation and development traffic signal coordination master plans for five different sub-regions within the Valley. EDUCATION MS, Civil Engineering, University of Nevada, Reno, NV, 2007 MS, Transportation, Beijing Jiaotong University, Beijing, China, 2004 BS, Transportation Engineering, Beijing Jiaotong University, Beijing, China, 2001 YEARS OF EXPERIENCE With Iteris: 2 Total: 13 REGISTRATIONS Civil Engineer (PE) CA #80744, 2011 Professional Traffic Operations Engineer (PTOE) PTP #3480, 2013 Project Management Professional (PMP) #2815124, 2020 CORE DISCIPLINES Traffic Engineering & Operations O&M AFFILIATIONS Institute of Transportation Engineers (ITE) Did you know? 4.14.a Packet Pg. 365 JASON XU, PE, PTOE, PMP Project Manager & Task 8 & 10 Lead Innovating Through Informatics™ Iteris, Inc. The Master Plan will serve as a roadmap for all future signal coordination in the Valley. Second, update signal coordination timings for over 500 traffic signals with a goal of reducing travel times, delays and GHG emissions. The project began in January 2017 and is scheduled to be completed in January 2020. Design Services Safe Routes to School (SRTS), Pedestrian Improvements at Four Schools – City of Santa Monica, CA Mr. Xu serves as Project Manager as part of a multidisciplinary team leading the review of key findings of the Walk Audits conducted at each school location with City staff and seeking input from City stakeholders regarding key challenges and opportunities at each school site. He will also lead Iteris staff in supporting the design effort by providing Plans, Specifications and Estimates (PS&E) for the replacement of existing flashing beacons with Rectangular Rapid Flashing Beacons (RRFBs) on Ocean Park at 16th Street and 18th Street; design of a southbound No Right Turn on Red restriction on 17th Street at Ocean Park Boulevard; and design of an eastbound No left turn during peak hours restriction on 16th Street at Ocean Park Blvd. Iteris will also provide Temporary Traffic Control Plans (TTCPs) suitable for submittal to the City of Santa Monica for temporary construction closures of 11 public roadways within the City. The project began in August 2017 and is ongoing. LA Metro Orange Line TSP, LA Metro – Los Angeles, CA Mr. Xu serves as Task Leader on the signal preemption phasing design for this Metro Orange Line Railroad Type Gate Operation Study. Iteris provided engineering services for the simulation of all at-grade busway crossings with city streets and PE&E for the pilot project crossing to improve safety and reduce travel times along Orange Line. Mr. Xu provided phasing schematics. The project began in September 2017. Mr. Xu’s involvement on the project began in February 2018 and is ongoing Brookhurst Street/Road Traffic Signal Synchronization (TSS) Corridor – Orange County, CA, OCTA – Orange County, CA Mr. Xu serves as Task Leader to optimize traffic signal synchronization timing plans at 59 intersections along the 16.5-mile Brookhurst Street corridor. Development and implementation of this optimized cross-jurisdictional signal optimization involves OCTA, six local cities, and Caltrans. The project began in June 2018. Mr. Xu’s involvement on the project began in June 2018 and is ongoing. The project is ongoing. Pacific Coast Highway Traffic Signal Synchronization (TSS), Orange County Transportation Authority (OCTA) – Orange County and City of Newport Beach, CA Mr. Xu is providing engineering support on this regional traffic signal synchronization project for OCTA. This project will: 1) develop a Plans, Specifications and Estimates (PS&E) package for approximately 11 miles of fiber optic cable, integration of three new High-Definition (HD) Closed-Circuit Television (CCTV) surveillance cameras, a new Dynamic Message Signs (DMS) sign and system; 2) upgrade 15 controllers to 2070 controllers for Caltrans and provide fiber optic communication connection to City Hall and Caltrans Traffic Management Center (TMC); 3) develop new timing plans for the entire corridor which include 4 timing plans; 3 weekday peak period timing plans and a weekend timing plan; and 4) provide 24 months of Operations and Maintenance (O&M) services to maintain the communication system as well the signal timing operations of the corridor. The project began in June 2016 and is ongoing. Previous Project Experience Traffic Engineering On-Call – Diamond Bar, CA Mr. Xu served as Project Manager to provide traffic engineering on-call services to the City of Diamond Bar. The scope of Diamond Bar includes plan checking, traffic design, traffic signal investigation and retiming, traffic control plan, and construction support. Under this on-call, Jason has conducted traffic control plan review for six (6) construction projects and provided engineering services to sight distance study, guiderail installation, and truck operation. The project began in August 2016 and completed in December 2018. 4.14.a Packet Pg. 366 BERNARD K. LI, EE, TE, PTOE Principal-in-Charge & QA/QC, & Task Support Innovating Through Informatics™ Iteris, Inc. Mr. Li serves as a Vice President of Iteris’ Transportation Systems division and has been with the firm since November 2010. He has 32 years of experience in providing professional services in planning, design and implementation of traffic engineering and Intelligent Transportation Systems (ITS). Mr. Li has served as Project Manager or Principal-in-Charge on numerous traffic and ITS design/construction, traffic signal timing and synchronization, operational analysis, feasibility studies and municipal traffic engineering projects. His traffic engineering design expertise includes traffic signal installation, signal modification, roadway signage/striping, street lighting, and worksite traffic control and neighborhood traffic management. Mr. Li’s ITS experience comprises fiber optic communications, wireless communications, Closed- Circuit Television (CCTV), Video-Detection System (VDS) and Dynamic Message Signs (DMS). He is also highly experienced in traffic signal operations, having assisted numerous agencies in the analysis, retiming, and synchronization of traffic signals, both corridor and network wide. Mr. Li’s transportation planning expertise includes traffic impact studies, parking studies, transportation master plans, signal warrant analysis and stop warrant analysis. He has served as City Traffic Engineering Consultant for many agencies, helping to resolve numerous day-to-day traffic engineering issues, including resident inquiries, plan checking, and safety evaluations. Before becoming a LA Lakers season ticket holder and fan in 2007, Bernard used to be a huge Boston Celtics’ fan Project Experience Implementation and Operations of Siemens SCOOT Adaptive Signal System – City of Diamond Bar, CA Mr. Li served as the Program Manager assisting the City of Diamond Bar for the implementation of the SCOOT Adaptive Traffic Signal System. This project consisted of controller and detector upgrades at 49 signalized intersections along three major corridors: Diamond Bar Boulevard, Grand Avenue and Golden Springs Drive; as well as installation of Siemens TACTICS and SCOOT signal systems at the City’s TMC to bring all 49 signals onto the Systems. According to Siemens, this was by far the largest implementation of the SCOOT Adaptive System in the United States. During SCOOT implementation, Mr. Li reviewed all the deliverables submitted by Siemens, conducted field fine-tuning of the Adaptive System with Siemens representative, and attended the System Acceptance Test. Mr. Li is currently overseeing the operations of the SCOOT system for the City. Main Street Regional Traffic Signal Synchronization Projects (RTSP), Orange County Transportation Authority (OCTA) – Orange County, CA Mr. Li serves as the Project Manager of a $3.6 million regional traffic signal synchronization project extending through the Cities of Orange, Santa Ana, and Irvine in Orange County, California. The project includes signal coordination and timing improvements, with the aim of improving traffic flow, enhancing public safety and decreasing stops along 12 miles of the Main Street corridor upgrading 67 intersections. The primary goal of this project is to deploy new ITS equipment and communication infrastructure to support the management of the cities’ transportation network, implement EDUCATION BS, Electrical Engineering, University of Southern California, Los Angeles, 1988 YEARS OF EXPERIENCE With Iteris: 9 Total: 32 REGISTRATIONS Electrical Engineer (EE) CA #14842, 1995 AZ #37241, 2002 Traffic Engineer (TE) CA #1763, 1994 Professional Traffic Operations Engineer PTOE #214, 2000 CORE DISCIPLINES Traffic Engineering & Design Signal Timing & Coordination Traffic Signal Operations Signal System Selection & Deployment ITS Planning & Design ITS Systems Engineering Traffic Simulation & Transportation Planning Municipal Traffic Engineering AFFILIATIONS Institute of Transportation Engineers (ITE) ITS California Orange County Traffic Engineering Council (OCTEC) Did you know? 4.14.a Packet Pg. 367 BERNARD K. LI, EE, TE, PTOE Principal-in-Charge & QA/QC, & Task Support Innovating Through Informatics™ Iteris, Inc. optimized coordination timing plans to achieve optimal traffic flow, and improve safety for all road users, including vehicles, buses, bicycles and pedestrians. The project began December 2019 and will complete June 2023. Citywide Traffic Signal Timing and Synchronization Project – City of Diamond Bar, CA Mr. Li served as Project Manager to retime all 67 city traffic signals, and six State-owned signals at freeway ramps within the City of Diamond Bar. The project also involved the development, implementation and fine-tuning of AM, mid-day, PM, and weekend traffic signal coordination plans for three major corridors: Diamond Bar Boulevard, Grand Avenue and Golden Springs Drive. The project resulted in such major improvements in the reduction of traffic delays, stops and travel time that the City received numerous compliments from elected officials, local residents and business travelers. The City was so pleased with Mr. Li’s contributions to the project that they retained Mr. Li’s service to continually monitor and fine-tune all the signals within the City. Mr. Li’s involvement began in June 2003 and served as the City’s Traffic Signal Operations Engineer until August 2010. Port of Long Beach (POLB) Traffic Engineering – City of Long Beach, CA Mr. Li served as the Project Manager to provide as- needed traffic engineering services to POLB. This multi-year contract had a total budget of $500,000 on task order basis. Iteris performed the following task orders between January 2012 and December 2015: • Roadway safety evaluation at Edison/Lugger • Review of plans and specs for an Over-Height Vehicle Detection System (OVDS) • Review of Traffic Control Plans (TCP) • Analysis of Gerald Desmond Bridge reconstruction EIR Traffic Mitigations • Safety and operational improvement analysis of Harbor Scenic Drive • Analysis of truck circulation at Pier C/Pico • Design of new traffic signal at Harbor Plaza/Pico • TCP preparation for Edison Ave Rehabilitation Diamond Bar Boulevard Median Modification Project – City of Diamond Bar, CA Mr. Li served as Project Manager for the design of median modifications along Diamond Bar Boulevard at two unsignalized driveways: at the Big Lot shopping center, and at the Diamond Bar Post Office, both adjacent to Grand Avenue. Diamond Bar Boulevard is a major arterial within the City carrying over 50,000 vehicles daily. Vehicles making left-turn into these unsignalized driveways had poor line-of- sight for on-coming traffic. Mr. Li, serving as the consultant Traffic Engineer for the City, made a recommendation to modify the medians to improve line-of-sight. Mr. Li then led the design team, including a civil engineering subconsultant, to conduct topographic survey of both intersections and design the median modification by narrowing the width of the medians with channelization such that vehicles entering the left-turn pockets had a much improved line-of-sight. The design also included the affected landscaping and irrigation, as well as signing and striping. The project began in May 2009 and completed in August 2010. On-Call Traffic Engineering Consultant – City of Laguna Woods, CA Mr. Li served as a consultant traffic engineer to the City from April 2012 to June 2019. Services included: • Monitor and operate all traffic signals within the City via the Econolite Centracs traffic signal system • Provide monthly update of operational compliancy for the two red-light photo enforcement intersections • Design golf-cart push buttons at 3 intersections • Recommend operational improvements for two signalized intersections with split-phase operations • Coordinated with OCTA for the El Toro Road and Moulton Parkway TSS projects • Attend OCTA Traffic Forum meetings • Address resident complaints on various traffic engineering and roadway lighting matters • Public Safety Committee Meeting Presentations On-Call Traffic Engineering Consultant – City of Irwindale, CA Mr. Li served as on-call traffic engineer to the City from November 2005 to June 2019. Services included: • Traffic engineering advisor for the Metro Gold Line Extension Project • Traffic signal timing design and implementation for the new traffic signal on Irwindale Avenue and Jardin de Roca • Traffic calming design on Ayon Avenue • Proposal and Interview evaluation panel for the selection of a traffic signal system vendor • Construction management for new signal installation at Irwindale Ave./Edna Place • Signal timing review • Preparation of HSIP funding application 4.14.a Packet Pg. 368 GABRIEL MURILLO, TE Task 9 Lead Innovating Through Informatics™ Iteris, Inc. Mr. Murillo serves as a Vice President for Transportation Systems division and has been with the firm since September 2008. He has over29 years of experience in Integrated Corridor Management (ICM), transportation systems design and analysis; Intelligent Transportation Systems (ITS) planning and design; traffic engineering; systems engineering, development and integration of real-time traffic systems utilizing system engineering practices. Mr. Murillo has served as Project Manager, Task Leader and Project Design Engineer on numerous projects. This includes providing regional-based signal timing analysis and deployment; and ITS-based traffic, transportation, transit priority and communications consulting systems engineering services to public agencies and transit operators. Mr. Murillo is an expert with (ICM) planning and implementation, traffic operations and has hands-on experience having worked in Traffic Management Centers (TMC) for over 15 years. He has managed over 2,400 intersections, designing, and implementing safety and operational improvements. Mr. Murillo is an expert with Adaptive Traffic Control Systems (ATCS) having managed traffic control systems with over 1,000 traffic signal intersections operating with “Adaptive” functions. He is highly experienced in the design, development, and integration of coordinated Advanced Traffic Management Systems (ATMS) and Transit Signal Priority (TSP) systems, and the design and implementation of systems for arterial, highway, and transit and highway-railroad grade crossings. These applications have included the use of systems engineering practices to design, deploy and integrate ITS elements, Advanced Transportation Management Systems (ATMS) and Advanced Traveler Information Systems (ATIS), TSP systems and Bus Rapid Transit (BRT) systems. Project Experience Traffic Engineering and ITS Consulting Services – Chula Vista, CA Mr. Murillo served as Project Manager on this Traffic Engineering and Intelligent Transportation Systems On-Call project for the City of Chula Vista. He oversaw Iteris staff who were providing on-call services including Traffic Engineering, Transportation Engineering, Civil Engineering, ITS Design and maintenance and operations, communication system design and integration and traffic operations enhancements. A primary focus for this on-call was for the Autonomous Vehicle proving ground projects approved by FHWA. Iteris provided experts for on-call services that addressed all the elements and hands-on specialists to design, operate and maintain complex communication and ITS networks that prepared Chula Vista for Smart City initiatives, Autonomous and Connected Vehicles. The project began in April 2018 and was completed in March 2020. Orangewood Traffic Signal Synchronization (TSS) Project – Anaheim, CA Mr. Murillo served as Deputy Project Manager for the Orangewood corridor in the City of Anaheim. This project was a Design-Build project that provided operational improvements along the 4-mile corridor in the City of Anaheim and City of Orange and includes two Caltrans ramp intersections. These improvements are multimodal which included Bicycle Detection to provide better operations for cyclists, new fiber optic cable throughout the project corridor and a wireless network in the City of Orange. The project also provided 8 new HD CCTV surveillance cameras, all intersections with upgraded ATC traffic controllers and optimized traffic signal timing for the entire project corridor including a segment of the corridor that will receive adaptive traffic operations. Project began 2016 and completed July 2019. EDUCATION MBA, University of California, Irvine, 2001 BS, Electrical Engineering, Loyola Marymount University, Los Angeles, 1991 YEARS OF EXPERIENCE With Iteris: 11 Total: 29 REGISTRATIONS Traffic Engineer (TE) CA #1843, 1995 CORE DISCIPLINES Integrated Corridor Management Traffic Engineering & Operations Adaptive Traffic Systems Transit Signal Priority Systems Communication Systems Systems Integration AFFILIATIONS Institute of Transportation Engineers (ITE) Orange County Traffic Engineering Council (OCTEC) 4.14.a Packet Pg. 369 GABRIEL MURILLO, TE Task 9 Lead Innovating Through Informatics™ Iteris, Inc. I-405 DB Improvement Project, Orange County Transportation Authority (OCTA) – Orange County, CA Mr. Murillo serves as ITS Integration Lead for Iteris, acting as a subconsultant of a multidisciplinary design and construction team, on this $1.2 billion dollar design-build project in Orange County. The project will improve 16 miles of I-405 between SR-73 in Costa Mesa and the I-605 near the Los Angeles County line. The project includes adding one regular lane in each direction from Euclid St to I-605, making improvements to freeway entrances, exits and bridges, and will also implement Express Lanes that expands the existing HOV lane from one lane to two lanes in each direction from SR-73 to I-605. Iteris is responsible for design of the Caltrans ITS field infrastructure, temporary ITS field infrastructure supporting maintenance of traffic during construction, toll system infrastructure and coordination, street lighting, agency traffic signal improvements along the corridor and development of the project Traffic Management Plan (TMP). Mr. Murillo is responsible for System Integration of the ITS elements on the 405 corridor as well as QA/QC of the ITS design and the tolling system design. The project began in February 2017 and is ongoing. Pacific Coast Highway (PCH) Traffic Signal Synchronization (TSS) Project – Newport Beach, CA Mr. Murillo served as Project Manager for the PCH corridor in the City of Newport Beach and Caltrans jurisdiction. This project was a Design-Build project that provided operational improvements along the 12-mile corridor within Caltrans right of way and in the City of Newport Beach. These improvements are multimodal which included Bicycle Detection to provide better operations for cyclists; new fiber optic cable throughout the project corridor and two Gigabit backbone; separate networks for the City and the State. The project also provided 5 new HD CCTV surveillance cameras, all intersections with upgraded ATC traffic controllers and optimized traffic signal timing for the entire project. This corridor is unique in that there is also a summer peak period due to the beach access along the corridor. To provide better motorist communication, a DMS was designed at the north end of the corridor. The project began in June 2016 and was completed in July 2019. La Palma Traffic Signal Synchronization (TSS) Project – City of Anaheim, CA Mr. Murillo served as Deputy Project Manager for the La Palma corridor in the City of Anaheim. This project was a Design-Build project that will provide operational improvements along the 12-mile corridor in the City. These improvements are multimodal which include Bicycle Detection to provide better operations for cyclists, new fiber optic cable throughout the project corridor and a redundant Gigabit backbone. The project also provided eight new HD CCTV surveillance cameras, all intersections with upgraded ATC traffic controllers and optimized traffic signal timing for the entire project corridor including a segment of the corridor that will receive adaptive traffic operations. The project began in August 2016 and was completed in July 2020. Golden Springs Drive and Copley Drive Safety Analysis – City of Diamond Bar, CA Mr. Murillo served as Traffic Safety specialist for the intersection safety analysis project in Diamond Bar. This project consisted of analyzing the operation of the intersection at Golden Springs Drive at Copley Drive which experienced excessive collisions. The analysis included the westbound left-turn operation as well as the northbound right turn and the overall operation of the traffic signal timing. The analysis recommended improvements to the left-turn operation and changes to the signal timing. This project led to a separate project to develop the traffic improvement PS&E, and construction support. The primary goal of this project was to improve traffic safety at the project intersection while maintaining or improving the efficiency of the traffic signal operation. The project began in December 2016 and completed in July 2017. Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades: Phase II – City of Diamond Bar, CA Mr. Murillo served as Project Manager for the City’s replacement of 4.3 miles of twisted-pair copper traffic signal interconnect with 96-strand Single Mode Fiber-Optic (SMFO) cables along Diamond Bar Blvd between Grand Ave and Highland Valley Rd; and Golden Springs Dr between Diamond Bar Blvd and High Knob Road. The PS&E package included intersection re-wire design plans, signal inventory, controller upgrades, detail drawings for fiber assignments and communications pull boxes, splice boxes and conduits details. Iteris also provide ongoing support during the construction phase of the project. The project began in May 2016 and completed in December 2017. 4.14.a Packet Pg. 370 NAREE KIM, PE Task 5 & 7 Lead Innovating Through Informatics™ Iteris, Inc. Mrs. Kim serves as Associate Vice President for Iteris’ Transportation Systems and has been with firm since October 2008. She has over 17 years of experience in the delivery of transportation and traffic engineering projects, with experience that includes the planning, design, and deployment of Intelligent Transportation Systems (ITS) and traffic signal projects. Mrs. Kim’s ITS design experience includes fiber optic communications, Dynamic Message Signs (DMS), Video Detection Systems (VDS) and Traffic Signal System (TSS) upgrades. She has also served as Project Manager and Task Lead on a variety of planning and traffic signal design projects including preparation of Plans, Specifications and Estimates (PS&E) for traffic signals, arterial signing and striping, traffic operation systems, ramp metering systems and street lighting. She has accomplished a number of traffic impact studies and traffic and circulation sections of EIRs/EISs. Mrs. Kim is proficient in the use of design and traffic analysis software including AutoCAD, MicroStation, AGI 32, ArcGIS, Synchro and Autoturn. Naree is an outdoor enthusiast and enjoys snowboarding and hiking in her free time. Project Experience East San Fernando Valley (ESFV) Transit Corridor, Los Angeles County Metropolitan Transportation Authority (Metro) – Los Angeles County, CA Mrs. Kim serves as a Design Lead as part of a multidisciplinary team and providing Traffic Engineering Design Services for the ESFV Transit Corridor. This continues Iteris’ active involvement in the development of LA Metro’s transit system for the past 25 years. The project is a proposed Light Rail Transit (LRT) system that would travel in a dedicated guideway from the Sylmar/San Fernando Metrolink station along San Fernando Road south to Van Nuys Boulevard, and from San Fernando Road to the Van Nuys Metro Orange Line Station via a street-running center running alignment. The corridor covers approximately 9.2 miles in the San Fernando Valley of the City of Los Angeles. The project is involved in design services for more than 60 signalized intersections and 14 at-grade transit stations along the corridor with preemption analysis at 6 at-grade crossing locations. The project began in August 2019, with preliminary design concluding in 2022 and design-build procurement support ongoing through 2028. MacArthur Boulevard Regional Traffic Signal Synchronization Program (RTSSP) Project – Cities of Irvine and Newport Beach, CA Mrs. Kim serves as Project Manager for this project which involves signal synchronization and equipment upgrades along MacArthur Boulevard from Pacific Coast Highway (PCH) and State Route 55 (SR-55) ramps, spanning across the Cities of Irvine and Newport Beach. The project was funded by Measure M2 funds, with the City of Irvine serving as the lead agency. The corridor spans 8.2 miles totaling 22 traffic signals. Iteris is providing updated clearance parameters for the safety of vehicles, pedestrians, and bicyclist accompanied with new coordinated plans that will provide progression improvement along MacArthur Boulevard corridor without significantly increasing delays on the side streets. The project began in 2020 and will be complete in 2023, followed by two years of O&M. EDUCATION MS, Civil Engineering, University of Utah, Salt Lake City, 2003 BS, Civil Engineering, University of Utah, Salt Lake City, 2000 YEARS OF EXPERIENCE With Iteris: 12 Total: 17 REGISTRATIONS Civil Engineer (PE) NV #22518, 2013 CORE DISCIPLINES Traffic Engineering & Operations ITS Planning & Design ITS Operations & Management ITS Systems Engineering & Architecture Grant Application Support AFFILIATIONS Orange County Traffic Engineering Council (OCTEC) Institute of Transportation Engineers (ITE) Did you know? 4.14.a Packet Pg. 371 NAREE KIM, PE Task 5 & 7 Lead Innovating Through Informatics™ Iteris, Inc. Katella Ave Regional Traffic Signal Synchronization Projects (RTSP), Orange County Transportation Authority (OCTA) – Orange County, CA Mrs. Kim serves as a Task Lead for the Data Collection aspects of this $4.7 million regional traffic signal synchronization project extending through the Cities of Anaheim, Cypress, Garden Grove, Los Alamitos, Orange, Stanton, Villa Park in Orange County, CA. The project includes signal coordination and timing improvements, with the aim of improving traffic flow, enhancing public safety and decreasing stops along 20 miles of the Katella Street corridor upgrading 73 intersections. The primary goal of this project is to deploy new ITS equipment and communication infrastructure to support the management of the cities’ transportation network, implement optimized coordination timing plans to achieve optimal traffic flow, and improve safety for all road users, including vehicles, buses, bicycles, and pedestrians. The project began in February 2020 and will be completed in June 2023. Traffic and Intelligent Transportation Systems Engineering Services, Main Street Regional Traffic Signal Synchronization Projects (RTSSP), Orange County Transportation Authority (OCTA) – Orange County, CA Mrs. Kim serves as Project Engineer under this project agreement, which will provide services that will upgrade traffic signal electronics and communications equipment, and optimize signal timing along Main Street, a major north-south corridor that comprises 67 major signalized intersections. As part of the project, Iteris’ Intersection-as-a-Service™ end-to-end solution offering will deliver proactive monitoring of traffic signal operations at all project intersections. The primary goal of this project is to deploy new Intelligent Transportation System (ITS) equipment and communication infrastructure to support the management of the cities’ transportation network, implement optimized coordination timing plans to achieve optimal traffic flow, and improve safety for all road users, including vehicles, buses, bicycles, and pedestrians. The project began in December 2019 and is ongoing. Design Services for Citrus Avenue and Ceres Avenue Traffic Signal Project – City of Fontana, CA Mrs. Kim serves as Project Manager for this project for which Iteris provided development of Plans, Specifications, and Estimates (PS&E) and other engineering services for the new signalized intersection, among other intersection improvements. Citrus Avenue exists as a Primary Highway to the north and to the south of Ceres Avenue. Ceres Avenue exists as a local road immediately to the east and to the west of Citrus Avenue. Due to its proximity to a railroad crossing, Iteris is coordinating design requirements and railroad access with Southern California Regional Rail Authority (SCRRA). The project began in December 2019 and is ongoing. Chino On-Call Traffic Engineering Services – City of Chino, CA Mrs. Kim serves as Project Manager providing the City of Chino with on-call traffic engineering services including design services, analyses and review of technical studies, drafting services and field investigations. The project began in March 2018 and is ongoing. Von Karman Avenue/Tustin Ranch Road Regional Traffic Signal Synchronization (RTSSP) Project – City of Irvine, CA Mrs. Kim serves as Reviewer for this project in which Iteris is assisting the City with multi-jurisdictional improvements of the 7.9-mile stretch of Von Karman Avenue and Tustin Ranch Road in the cities of Irvine and Tustin. The project requires retiming of 30 signalized intersections, which includes the two Caltrans crossings at the I-5 interchange. Iteris will assist the agencies with the design and construction management of the new signal improvements which include new Video Detection Systems (VDS), controller cabinets, pedestrian heads, first fiber communication to Tustin signals and a new Advanced Traffic Management System (ATMS) to remotely monitor the signals. Iteris also assisted with conversion of new configuration modules to transition existing signals online in their Actra system to their newer Centracs system. The project began in April 2017 and is scheduled to be completed in June 2019. Two years of O&M will occur from July 2019 through September 2022. Douglass Road Signing and Striping and Traffic Signal Modifications Project – City of Anaheim, CA Mrs. Kim serves as Project Manager and currently provides traffic signal design and signing and striping design services for the City of Anaheim during special event flush traffic. The project began in September 2015 and is ongoing. 4.14.a Packet Pg. 372 PAUL M. FRISLIE, PE, IMSA Task 1, 2, & 4 Lead Innovating Through Informatics™ Iteris, Inc. Mr. Frislie serves as a Principal Engineer of Iteris’ Transportation Systems division and has been with firm since January 2001. For over 19 years, Mr. Frislie has been involved in several transportation and traffic engineering projects that include both planning as well as design and deployment of ITS, systems integration, and traffic signal design. Recently, he has served as the Project Manager for the Rosecrans Avenue Arterial Improvement Project, Cypress Phase 1 through 3 ITS Projects, the Newport Beach ITS Phase 5 through 8 Projects, the Santa Monica ATMS Phase 4c project. He has also been the Lead Design Engineer for the development of design plans for the Oxnard ITS Master Plan Design Project, Vermont Avenue Arterial Improvement project, the Santa Monica ATMS 4a/4b Project, SR-710 ITS Design Project, Newport Beach ITS Phase 1, 2, 3, 4, and 7 Projects and the Fountain Valley Phase IV project, as well as the Signal Construction Inspector for completion of the Oxnard ITS Master Plan and the Rosecrans and Vermont Arterial Improvements. Paul is very musical and enjoys playing guitar in a rock band, sports, and watching movies. Project Experience ATMS Master Plan Update, Grant Services, Engineering Design Services and Project Management Services– City of Corona, CA Mr. Frislie serves as Project Manager and responsible for preparing update to the original Master Plan (which Iteris developed in 2006) which will research technologies for IP-addressable cameras, changeable message signs, video detection, network redesign, fiber management, data analytics, connected vehicles and Gigabit Ethernet network. This update will include a full Traffic Management Center (TMC) redesign and cost. In phase 3, Iteris will provide construction management and integration support. The project began in November 2019 and will be completed June 2021. Professional Design and Construction Support for the TSS for ATMS – City of Rancho Cucamonga, CA Mr. Frislie serves as Task Leader for Phase I. Development on this project, which will provide services that will update coordination timing plans, prepare plans for the design of traffic signal modification and interconnect system upgrades, and provide construction support and integration services as well as training opportunities to City of Rancho Cucamonga staff. The primary goal of this project is to deploy new intelligent transportation system (ITS) communication infrastructure to support the management of the city’s transportation network, implement optimized coordination timing plans to achieve optimal traffic flow, and improve safety for all road users, including vehicles, buses, bicycles and pedestrians. The project began in August 2019 and will be completed August 2022. Traffic Signal Reconstruction on Vermont at Redondo Beach Boulevard and at Rosecrans Avenue – City of Gardena, CA Mr. Frislie served as Project Manager, responsible for the traffic analysis, design, and agency coordination this signal reconstruction project. The project consisted of a traffic analysis of the two project intersections: EDUCATION MBA, University of Phoenix, 2011 BS, Civil Engineering, University of California, Irvine, 2000 YEARS OF EXPERIENCE With Iteris: 18 Total: 19 REGISTRATIONS & CERTIFICATIONS Civil Engineer (PE) CA #72982, 2008 International Municipal Signal Association (IMSA) -FOA Fiber Optic Technician, #CFOT_97189 -Signal Inspector Level II, #AT_97189, 2018 -Signal Inspector Level I, #SI97189, 2014 -Traffic Signal Level II, #BB97189, 2012 -Traffic Signal Level I, #AA97189, 2012 -Work Zone Safety, #ZZ97189, 2010 CORE DISCIPLINES Traffic Engineering & Operations ITS Planning/Design/Integration Traffic Signal Design Construction Management Transit AFFILIATIONS Orange County Traffic Engineering Council (OCTEC) Did you know? 4.14.a Packet Pg. 373 PAUL M. FRISLIE, PE, IMSA Task 1, 2, & 4 Lead Innovating Through Informatics™ Iteris, Inc. Vermont Ave at Redondo Beach Boulevard and Vermont Avenue and Rosecrans Avenue. The traffic analysis made specific recommendations to both intersections which mainly consisted of traffic signal upgrades, ADA ramp upgrades and pavement repairs. The project also consists of coordination with the City of Los Angeles and United Pacific Railroad. Once construction begins, Iteris will be under contract for construction management and inspection. The project began in September 2018 with design concluded in October 2019. Tweedy Boulevard Signal Synchronization Project – City of South Gate, CA Mr. Frislie serves as Project Manager and led the Iteris team to improve the operation, safety and management of the corridor. The project consists of analyzing improvements of Tweedy Boulevard between Atlantic Avenue and Alameda Street, including the design of fiber optic cable for Ethernet communication, five CCTV cameras, traffic signal cabinet and controller upgrades, and upgrades to the traffic signal equipment. The fiber optic communication will be designed to City Hall which will connect to the City’s Traffic Management Center located in the Public Works Signal Shop. The signals along the corridor will be timed and synchronized to optimize traffic flow throughout the corridor. The project will also analyze four uncontrolled pedestrian crossings for proposed improvements. Iteris will be on task to provide any necessary support during construction. The project began in February 2019 and completed June 2020. Citywide Traffic Signal Design & Inventory – City of Manhattan Beach, CA Mr. Frislie served as Project Manager to collect an inventory of traffic signal equipment at 32 signalized intersections for the City, checking for its condition, and providing the City with a maintenance plan for next 20 years with priorities for recommended upgrades to its signal infrastructure. Iteris will be creating and uploading the data collected to a GIS- based database detailing each individual piece of signal equipment and its condition for the city’s use in the future. Iteris is producing signal modification design plans for five signalized intersections in the City’s Downtown area to upgrade and replace damaged signal equipment including poles, signal heads, and signal cabinets. Iteris will also provide bid and construction support. The project began in October 2016 and construction will complete in January 2022. Garey Avenue Signal Modifications & Communications Upgrades – City of Pomona, CA Mr. Frislie served as Project Manager to provide traffic signal design, communication upgrades, signal timing implementation, and construction assistance along Garey Avenue from Mission Boulevard to County Road in the City of Pomona. The project also includes Ethernet communication upgrades using the existing twisted-pair cable, video detection, controller upgrades, and traffic signal upgrades. Iteris will also prepare and implement AM and PM coordination plans, and meet with City’s staff and contractor in the field to implement and fine-tune the timings after construction. The project began in October 2015 and construction completed in 2018. Pacific Coast Highway (PCH) Arterial Improvements Design Services Project – City of Redondo Beach, CA Mr. Frislie served as Project Manager to provide preliminary engineering and design of PCH from Anita St to Palos Verde Blvd. The goal of the project is to prepare a traffic analysis and conceptual plan documents (plans and estimates) to improve PCH. For the initial preliminary engineering phase, Iteris will perform detailed field investigation of the entire corridor to identify deficiencies and recommended improvements to enhance safety and traffic flow along the corridor. Topographic survey, geotechnical investigation, traffic signal, signing and striping inventory will be conducted as part of the field investigation. Upon City’s approval of the Traffic Analysis Report (PDR), Iteris will prepare a conceptual and preliminary design package during the design phase, which includes traffic signal upgrades, signing and striping modifications for the entire corridor. The project began in December 2016 and is ongoing. Huntington Drive Improvements Project – City of Monrovia, CA Mr. Frislie served as Project Manager to provide full traffic engineering design services to the City of Monrovia for the Huntington Drive Improvement Project. Iteris was responsible for the signal modification design of four intersections at Huntington Dr/Magnolia Ave, Huntington Dr/Myrtle Ave, Huntington Dr/California Ave, and Huntington Dr/Shamrock Ave. Iteris will assist in construction management and support for any RFI’s, submittals and design revisions. The project began in October 2016 and is ongoing. 4.14.a Packet Pg. 374 CHRIS DEVLIN Task 3 & 6 Lead Innovating Through Informatics™ Iteris, Inc. Mr. Devlin has served as a Senior Engineer of Iteris’ Transportation Systems division since November 2013. He has 28 years of experience in transportation planning and has managed and participated in a wide variety of transportation studies. These include travel demand forecasting studies, travel surveys, traffic impact studies, parking studies, and corridor studies. Mr. Devlin is an experienced travel demand forecaster having developed and worked on over twenty different traffic models throughout the world. He is proficient in several modeling packages including TransCAD, Cube and emme2in. He has developed model outputs to support the economic, financial, and environmental analysis of major highway, transit, and aviation projects and well as VMT statistics for SB 743. Mr. Devlin is also proficient in the use of Geographic Information Systems (GIS) for problem-solving, analysis, and presentation of results. He has designed and run GIS training courses specifically for Transportation Planners, including the design and coding of GIS utilities and scripts. Mr. Devlin has also performed several large-scale transportation surveys from the survey design stage, through implementation, data cleaning, database population, and reporting. Chris enjoys mountain biking in the Santa Ana Mountains and other scenic areas. Project Experience Senate Bill 73 (SB 743) Implementations – Cities of Irvine, Glendora, Laguna Niguel, and Seal Beach, CA Mr. Devlin is assisting several jurisdictions with the implementation of SB 743, a law that involves transitioning away from Level of Service (LOS) to the use of Vehicle Miles Travelled (VMT) for assessing transportation impacts. In this role, Mr. Devlin has supported City staff from both a technical and policy standpoint including presenting at public meetings and stakeholder outreach events. The projects started in June 2019 and are ongoing. Carson Neighborhood Mobility Plan, Southern California Association of Governments (SCAG) – Carson, CA Mr. Devlin was part of a multidisciplinary team under contract with SCAG, assisting the development of the City of Carson’s Neighborhood Mobility Plan. Using performance measures derived from the 2016 Regional Transportation Plan/Sustainable Communities Strategy, scenarios of neighborhood mobility improvements such as bike share, bicycle paths, NEV lanes, and pedestrian improvements and land use changes were modeled to demonstrate their changes to forecasted travel patterns. The project team coordinated with the City’s General Plan Update effort to ensure consistency with the scenario and citywide planning. The project started in July 2018 and completed in June 2019. Climate Action Plan Vehicle Miles Traveled (VMT) Analysis – Various Cities Mr. Devlin served as a Task Lead for VMT analysis for the Climate Action Plans of the County of Los Angeles and the Cities of Los Angeles, La Canada Flintridge, Industry, and Inglewood. As part of the Greenhouse Gas (GHG) inventory for on-road transportation, the VMT of trips originating or destined for the jurisdictions was calculated using the regional travel EDUCATION MSc, Transportation Planning and Engineering, University of Leeds, UK, 1991 BA, Economics, Durham University, UK, 1987 YEARS OF EXPERIENCE With Iteris: 7 Total: 28 CORE DISCIPLINES Transportation Planning & Analysis Travel Demand Forecasting Geographic Information Systems Transportation Surveys Traffic Asset Management Systems AFFILIATIONS Institute of Transportation Engineers (ITE) Orange County Traffic Engineering Counsel (OCTEC) Did you know? 4.14.a Packet Pg. 375 CHRIS DEVLIN Task 3 & 6 Lead Innovating Through Informatics™ Iteris, Inc. demand model, with additional off-model, local street estimates. To estimate the ability to reduce VMT, city policies related to transportation were reviewed and Mr. Devlin worked with the Cities to develop strategies to further reduce GHG emissions from transportation sources by assessing and quantifying the GHG reduction potential of various policies, projects, and programs. The Inglewood Energy and Climate Action Plan project received the Award of Merit in the Innovation in Green Community Planning category at the 2014 APA LA Awards. SR-57/SR-60 Confluence, Supplemental Needs Study, Southern California Association of Governments (SCAG) – Diamond Bar, CA Mr. Devlin managed Iteris’ role in evaluating a variety of freeway improvement alternatives at a highly congested segment of two converging freeways. Iteris updated and validated a VISSIM model to provide future forecast volumes for input to traffic operations analysis. The project began in February 2016 and completed in June 2017. On-Call Transportation Engineering Services – City of Buena Park, CA Mr. Devlin served as part of the Iteris team acting as On-Call Transportation Engineer for the City of Buena Park. He supported City Staff with completion of transportation engineering functions within the City’s Public Works Department. Mr. Devlin periodically worked on-site at City Hall, providing as- needed services to support City services in the Public Works, Planning, and Police Departments. He supported the review of new development plans, the completion of new traffic signal installations or signal upgrades, and the response to citizen inquiries regarding traffic flow and safety conditions. Mr. Devlin’s involvement was from January 2018 through January 2019. Master Plan of Arterial Highways (MPAH) Reclassification Study – County of Orange, CA Mr. Devlin managed this project involving three potential MPAH amendments in the County of Orange. These are Santiago Canyon Road widening, and the proposed extensions of Jeffrey Road and Blackstar Canyon Road. The project involved a traffic study to assess the traffic impacts of removing these future improvements from The Orange County MPAH and identify any potential mitigation measures. The project required co-ordination with several stakeholders including local jurisdictions, OCTA, Caltrans and the Transportation Corridor Authority (TCA). The project began in June 2016 and completed in July 2017. Transportation and Mitigation Improvement Programs (TIMPS), South/Southeast Los Angeles New Community Plans, City of Los Angeles Department of City Planning – Los Angeles, CA Mr. Devlin served as Project Manager on this TIMP for South and Southeast Los Angeles community plan areas within the City of Los Angeles. The TIMP identified transportation system deficiencies resulting from traffic generated by projected land use patterns, employment and population growth and reduction of vehicular roadway capacity. The program was developed through a systematic process that included the evaluation of five land use scenarios utilizing the SCAG travel demand model. Mr. Devlin was responsible for evaluating potential TIMP impacts on the transportation system based on VMT, VHT, V/C ratios and arterial LOS. He also participated in community outreach events for residents of the South and Southeast community plan area. This component of the project began in April 2016 and completed in December 2017. I-405 PA/ED from I-5 to SR-55 Project, Orange County Transportation Authority (OCTA) – Orange County, CA Mr. Devlin provided traffic forecasting services for a major freeway enhancement project along a highly congested freeway corridor in south Orange County using OCTA’s traffic model, OCTAM. The project involved close co-ordination with OCTA, Caltrans and the City of Irvine. Forecast volumes were prepared for freeway mainline, HOV, ramps as well as for arterial intersection and roadway segments. The forecasts were compared to volumes from ITAM the City of Irvine traffic model and assessed for reasonableness. PeMS data was extracted and analyzed using statistical techniques along the freeway corridor to ensure that existing volumes reflected a realistic level of demand rather than artificially low observed volumes that can be observed during periods of severe congestion. Model outputs such as Vehicle Miles Travelled (VMT) were developed to support air quality, noise, and greenhouse gas emissions analysis. The project began in February 2015 and completed in November 2016. 4.14.a Packet Pg. 376 BRAULIO RAMIREZ, PE Construction Support Task Lead Innovating Through Informatics™ Iteris, Inc. Mr. Ramirez serves as a Senior Engineer of Iteris’ Transportation Systems division and has been with the firm since August 2007. He has 15 years of experience with a background in Intelligent Transportation Systems (ITS) Design and Traffic Engineering. Recently, he has served as the Project Manager for the Rancho Cucamonga ATMS Project, Brookhurst Street RTSSP for OCTA, and the 5th Street communication upgrades project in San Bernardino. He has served as Project Engineer on numerous ITS, Transit Signal Priority (TSP), and traffic engineering projects. Mr. Ramirez’ design experience includes wireless communication systems, fiber optic communication systems, Wireless Vehicle Detection Systems, Video Detection Systems (VDS), Closed- Circuit Television (CCTV) cameras, Dynamic Message Signs (DMS), signing and striping, traffic control, stage construction, neighborhood traffic management, and operations of other ITS elements. Braulio enjoys the pastime of drinking distinctive craft beers on the weekends. Project Experience Professional Design and Construction Support for the TSS for ATMS – City of Rancho Cucamonga, CA Mr. Ramirez serves as Project Manager on this project, which will provide services that will update coordination timing plans, prepare plans for the design of traffic signal modification and interconnect system upgrades, and provide construction support and integration services as well as training opportunities to City of Rancho Cucamonga staff. The primary goal of this project is to deploy new intelligent transportation system (ITS) communication infrastructure to support the management of the city’s transportation network, implement optimized coordination timing plans to achieve optimal traffic flow, and improve safety for all road users, including vehicles, buses, bicycles. and pedestrians. The project began in August 2019 and is ongoing. ATMS Master Plan Update, Grant Services, Engineering Design Services and Project Management Services– City of Corona, CA Mr. Ramirez serves as Deputy Project Manager and will be preparing an update to the original Master Plan (Iteris developed in 2006) which will research technologies for IP-addressable cameras, changeable message signs, video detection, network redesign, fiber management, data analytics, connected vehicles and Gigabit Ethernet network. This update will include a full Traffic Management Center (TMC) redesign and cost. In phase 3, Iteris will provide construction management and integration support. The project began in November 2019 and will be completed June 2021. 5th Street Communication Upgrades – City of San Bernardino, CA Mr. Ramirez serves as Project Manager on this communication infrastructure upgrades project for the City of San Bernardino. Wireless and twisted wire pair interconnect upgrades will be installed to bring traffic signal connectivity between the TMC and intersections along 5th Street between H Street and Sierra Way. Iteris is preparing the design plans, procuring, and configuring the equipment, and will be providing integration EDUCATION BS, Civil Engineering, California State Polytechnic University, Pomona, 2007 YEARS OF EXPERIENCE With Iteris: 13 Total: 15 REGISTRATIONS Civil Engineer (PE) CA #85189, 2016 CORE DISCIPLINES Traffic Engineering ITS Planning, Design, and Integration Transit Construction Assistance AFFILIATIONS Orange County Traffic Engineering Council (OCTEC) Did you know? 4.14.a Packet Pg. 377 BRAULIO RAMIREZ, PE Construction Support Task Lead Innovating Through Informatics™ Iteris, Inc. and construction support services during construction. The project began in January 2019 and completed in June 2019. MacArthur Boulevard Regional Traffic Signal Synchronization Program Project – Irvine, CA Mr. Ramirez serves as Task Leader for Construction Inspection on this Project. Iteris’ goal of the project is to provide updated clearance parameters for the safety of vehicles, pedestrians, and bicyclist accompanied with new coordinated plans that will provide progression improvement along MacArthur Boulevard corridor without significantly increasing delays on the side streets. During construction, Mr. Ramirez will be available to assist with following up with the contractor to ensure the schedule, standards, and guidelines are adhered to. Mr. Ramirez will also assist with reviewing and approving submittals provided by the contractor and responding to RFIs. The project began in March 2020 and is ongoing. Traffic and Intelligent Transportation Systems Engineering Services, Main Street Regional Traffic Signal Synchronization Projects (RTSSP), Orange County Transportation Authority (OCTA) – Orange County, CA Mr. Ramirez serves as the Design and Integration Lead under this project agreement, which will provide services that will upgrade traffic signal electronics and communications equipment, and optimize signal timing along Main Street, a major north-south corridor that comprises 67 major signalized intersections. As part of the project, Iteris’ Intersection-as-a-Service™ end-to-end solution offering will deliver proactive monitoring of traffic signal operations at all project intersections. The primary goal of this project is to deploy new Intelligent Transportation System (ITS) equipment and communication infrastructure to support the management of the cities’ transportation network, implement optimized coordination timing plans to achieve optimal traffic flow, and improve safety for all road users, including vehicles, buses, bicycles and pedestrians. The project began in December 2019 and is ongoing. I-405 Design-Build Improvement Project, OCTA – Orange County, CA Mr. Ramirez is serving as a Project Engineer for Iteris, acting as a subconsultant of a multidisciplinary design and construction team, on this $1.2 billion dollar design build project in Orange County California. The project will improve 16 miles of the I- 405 between the SR-73 freeway in Costa Mesa and the I-605 near the Los Angeles County line. The project includes adding one regular lane in each direction from Euclid Street to I-605, making improvements to freeway entrances, exits and bridges, and will also implement Express Lanes that expands the existing HOV lane from one lane to two lanes in each direction from SR-73 to I-605. Iteris is responsible for the design of the Caltrans ITS field infrastructure, temporary ITS field infrastructure supporting maintenance of traffic during construction, toll system infrastructure and coordination, street lighting, agency traffic signal improvements along the corridor and development of the project Traffic Management Plan. Mr. Ramirez is responsible for preparing Electronic Toll and Traffic Management ETTM and signal plans. The project began in February 2017 and is ongoing. On-Call Traffic Engineering Consultant – City of Laguna Woods, CA Mr. Ramirez is serving as a Project Engineer to the City of Laguna Woods. Services provided include: • Monitor and operate all traffic signals within the City via the Econolite Centracs traffic signal system • Provide monthly update of operational compliancy for the two red-light photo enforcement intersections • Design golf-cart push buttons at three intersections. • Recommend operational improvements for two signalized intersections with split-phase operations • Coordinate with OCTA for the recently implemented El Toro Road TLSP and Moulton Parkway TLSP projects • Address resident complaints on various traffic engineering and roadway lighting matters Traffic Control Technology Phase II – City of Brea, CA As part of a multidisciplinary team, Mr. Ramirez served as Project Manager and design lead engineer to provide ITS design and integration services to the City of Brea. Iteris has developed communication network plans to depict all ITS devices connected to the fiber infrastructure as designed by Willdan (Prime Consultant). Iteris has also configured the Ethernet switches that will be implemented for the proposed intersections as part of this project. After construction and integration have been completed, Iteris will conduct end-to-end acceptance testing from the field locations to the Traffic Management Center (TMC). The project began in July 2014 and completed in May 2016. 4.14.a Packet Pg. 378 KRISTIN TSO, PE, TE Task 2 Support Innovating Through Informatics™ Iteris, Inc. Ms. Tso serves as Principal Engineer for Iteris’ Transportation Systems division and has been with the firm since January 2016. She has over 13 years of project experience in traffic engineering and operations, travel demand forecasting, transportation planning, and traffic simulation. Ms. Tso’s technical specialties include freeway and arterial operational analysis, traffic simulation modeling, demand model post-processing, highway and arterial improvement planning and design, and construction traffic management including detour/closure analysis. She has also worked extensively on traffic impact analyses in accordance with CEQA/NEPA and other municipal guidelines for both small and large scale transportation projects across the state of California. Ms. Tso has experience evaluating outputs from various regional travel demand models including SCAG and OCTAM and other subregional models such as ATAM. Software experience includes Synchro, SimTraffic, VISSIM, TransCAD, HCS, Traffix, CUBE, Excel, and MicroStation. Kristin is an outdoor enthusiast and enjoys hiking and camping on the weekends. Project Experience SR-60 and Potrero Boulevard Interchange Phase II – City of Beaumont, CA Ms. Tso serves as Traffic Task Lead responsible for completing a Supplemental Traffic Impact Analysis for this interchange design project to construct a new 6-lane bridge over SR-60 and freeway-arterial interchange at Potrero Boulevard. The traffic study consisted of providing post-processed forecast volumes and HCM analysis for opening and horizon year (2022 and 2045) with Project conditions for freeway mainline, ramps, and arterial intersections within to determine traffic impact to the study area. In addition to the traffic study, Iteris is also responsible for completing design plans for traffic signal, lighting, sign illumination, and CCTV, and ramp metering. The project began in October 2018 and completed in April 2019. I-405 Design-Build Improvement Project, Orange County Transportation Authority (OCTA) – Orange County, CA Ms. Tso serves as Traffic Management Plan (TMP) Manager for Iteris, acting as a subconsultant of a multidisciplinary design and construction team, on this $1.2-billion dollar design build project in Orange County. The project improves 16 miles of the I-405 between the SR-73 and the I-605 freeways. The project includes adding one general purpose lane in each direction, making improvements to freeway entrances, exits and bridges, and implementing Express Lanes that expands the existing HOV lane from one to two lanes in each direction. Serving as the Traffic Manager for the design-builder, Ms. Tso is responsible for supporting maintenance of traffic during construction through the development and the implementation of the TMP. The TMP includes detour routes and supporting traffic analysis for closures for freeway mainline, 17 arterial overcrossings, and over 35 freeway ramps. Ms. Tso is also responsible for the continuous monitoring, evaluation and mitigation of traffic conditions during construction for the entire traffic influence area in coordination with Caltrans, OCTA, local cities and emergency responders. The project began in February 2017 and is ongoing. EDUCATION MS, Transportation Engineering, University of California, Berkeley, 2007 BS, Civil Engineering, University of California, Berkeley, 2006 YEARS OF EXPERIENCE With Iteris: 4 Total: 13 REGISTRATIONS & CERTIFICATIONS Civil Engineer (PE) CA #77339, 2011 Traffic Engineer (TE) CA #2650, 2012 CORE DISCIPLINES Transportation Planning Travel Demand Forecasting Traffic Engineering & Operations AFFILIATIONS Orange County Traffic Engineering Council (OCTEC) Institute of Transportation Engineers (ITE) Did you know? 4.14.a Packet Pg. 379 KRISTIN TSO, PE, TE Task 2 Support Innovating Through Informatics™ Iteris, Inc. Avanti Anaheim Boulevard Townhomes (TIA) – City of Anaheim, CA Ms. Tso serves as Project Engineer on this transportation study for a redevelopment of an existing business center into a 292-unit residential development. She oversees project trip generation, distribution and future volume development as well as Level of Service (LOS) analysis performed for the study intersections and arterial roadway segments. The project began in January and completed in May 2019. Intelligent Transportation Systems Strategic Deployment Plan Update, Orange County Transportation Authority – Orange County, CA As Task Lead, Ms. Tso is responsible for the Plan Component identification. The primary element of the Final Plan will be a phased listing of ITS projects for implementation throughout Orange County. Ms. Tso contributed to a series of stakeholder meetings with local agency representatives from throughout Orange County to gather input on a variety of subjects, including agency User Needs, evaluation or existing ITS and future ITS project plans. The project included identification of potential ITS strategies/solutions as well as the preparation of an Orange County ITS inventory review and evaluation. The project includes an overview of ITS cost and benefit information. The Iteris team is leading the preparation of interim deliverables as well as the Final Strategic Deployment Plan. The project began in May 2018 and will conclude June 2019. Irvine Business Complex Traffic Study Update – City of Irvine, CA Ms. Tso provided traffic analysis and mitigation development for the Irvine Business Complex (IBC) Traffic Study Update. The study looked at over 200 intersections and arterial segments in the City of Irvine and adjacent jurisdictions as well as 60 freeway segments and over 100 freeway ramps. Updates to land uses, traffic counts and highway network improvements were included as part of the study. Traffic impacts associated with the Vision Plan were identified and a series of potential mitigation measures were identified. The project began in February 2018 and Ms. Tso’s portion of work concluded in July 2019. Master Plan of Arterial Highways (MPAH) Reclassification Study – Orange County, CA Ms. Tso served as Task Lead on conducting a traffic study involving three potential MPAH amendments for Orange County Public Works. The three amendments include Santiago Canyon Road widening, Jeffrey Road extension and Blackstar Canyon Road extension. She performed traffic impact analysis for project study area and the greater NITM area, ITAM demand forecasting and volume post-processing, and provided mitigation recommendations. The project began in June 2016 and completed in July 2017. South & Southeast Los Angeles Community Plan, Transportation Improvement and Mitigation Program (TIMP) – Los Angeles, CA Ms. Tso serves as Task Lead on this transportation improvement project for South and Southeast Los Angeles community plan areas within the City of Los Angeles. The TIMP identified transportation system deficiencies resulting from traffic generated by projected land use patterns, employment and population growths and reduction of vehicular roadway capacity. The program was developed through a systematic process that included the evaluation of five land use scenarios utilizing the SCAG travel demand model. Ms. Tso was responsible for evaluating potential TIMP impacts on the transportation system based on VMT, VHT, V/C ratios and arterial LOS. She also participated in community outreach events for residents of the South and Southeast community plan area. The project began in April 2016 and completed in September 2017. Green House Gas (GHG) Emission Reduction Evaluation Protocol, Southern California Association of Governments (SCAG) – Pasadena, CA Ms. Tso served as Staff Engineer preparing demand forecast and VMT/VHT analysis on an innovative project to develop an accepted methodology for measuring and quantifying the greenhouse gas reduction benefits of ITS projects. Participated in a stakeholder group consisting of representatives from local public-sector agencies, private-sector utilities, the California Air Resources Board, Caltrans, the Governor’s Office of Planning Research and the University of California system. The project began in May 2015 and completed in March 2017. Pasadena Traffic Management Center (TMC) Staffing for Special Events – City of Pasadena, CA Ms. Tso served as a Staff Engineer on this event management project for the City of Pasadena. She assisted in managing the flow of inbound and outbound traffic within the Rose Bowl area at the TMC using the City’s three central control systems (i2, QuickNet, and SCATS). The project began in June 2015 and is expected to be completed in 2018. 4.14.a Packet Pg. 380 JENNIFER EMERSON-MARTIN, PE Task Support Innovating Through Informatics™ Iteris, Inc. Ms. Emerson-Martin serves as a Senior Engineer for Iteris’ Mobility Services Group and has been with the firm since October 2014. She has over 17 years of experience working in transportation forecasting and modeling, transportation planning, traffic engineering and analysis, traffic operations and management plans, and project management. Ms. Emerson-Martin is fluent with a variety of travel demand modeling software, traffic engineering software, and traffic analysis methods. She has national experience applying, modifying, and developing travel demand models for both large- and small-scale projects, and has experience in evaluating outputs for environmental analysis, air quality and noise impact analyses, and traffic impact analyses. Ms. Emerson-Martin is highly skilled in travel model performance measure output, as well as developing model analysis tools for project efficiency. She currently serves as a company resource for projects which utilize both big-data analytics and traditional planning methods. Jennifer has lived in four states: Washington, Idaho, Alaska, and California. She has many hobbies, including cooking, sewing and winemaking. Project Experience Travel Demand Modeling – National As a Senior Engineer, Ms. Emerson-Martin has experience applying, modifying, developing, and analyzing multiple travel demand models nationally. She is experienced with many Southern California models (SCAG, OCTA, RivTAM, SBTAM, VCTM, and other subregional travel models). She developed the City of Columbus, NE model in 2019, and most recently has been updating the City of Hayden, ID model. She has used these models to support various projects, including general plan updates, long-range planning efforts, transportation strategic plans, environmental project support, traffic impact analysis, fee nexus and traffic impact fee studies, corridor studies, and local development projects. US-101 High Occupancy Vehicle (HOV) / Project Approval and Environmental Document (PA&ED) – Ventura County, CA Ms. Emerson-Martin serves as Task Lead for travel demand modeling. In addition to modeling and forecasting, she was responsible for providing post-processed travel model outputs (including turning movements) for over 140 intersections along the 20+ mile corridor between SR-23 and SR-33 in Ventura County. The project began in June 2018, is ongoing, and is scheduled to be completed in June 2023. City of Simi Valley Nexus Fee Impact and Travel Demand Model Update, City of Simi Valley, CA Ms. Emerson-Martin updated the of a city-wide windowed travel demand model to a base year of 2019, TransCAD Version 6.0, updated the geographical user interface to a singular model add-in, and developed standard SB 743 VMT model outputs for project analysis. In addition, Jennifer updated the model documentation and developed a stand-alone model analysis spreadsheet for the City’s SB 743 analysis use. The project began in December 2018 and completed in September 2020. EDUCATION BS, Civil Engineering, University of Idaho, Moscow, ID, 2003 YEARS OF EXPERIENCE With Iteris: 6 Total: 17 REGISTRATIONS Civil Engineer (PE) ID #18578, 2019 NE #E17065, 2018 WA #54719, 2017 TX #128405, 2017 AK #11998, 2008 CORE DISCIPLINES Travel Demand Modeling & Forecasting Transportation Planning Traffic Impact Analysis Peer Review AFFILIATIONS Institute of Transportation Engineers (ITE) Women's Transportation Seminar (WTS) WTS Spokane/Coeur d’Alene Chapter Board Member (Treasurer) Did you know? 4.14.a Packet Pg. 381 JENNIFER EMERSON-MARTIN, PE Task Support Innovating Through Informatics™ Iteris, Inc. City of El Centro Modeling – VMT Ms. Emerson-Martin acted as the project manager and task lead for the use of the Imperial County Travel Demand Model (a SCAG 2016 RTP/SCS sub- regional model in TransCAD) to produce model outputs as well as VMT for the development of a regional mall. This project began in June 2020 and is completed in December 2020. Citywide Traffic Model Development and On-Call Modeling and Planning – City of Anaheim, CA As Ongoing Model Support, Ms. Emerson-Martin is responsible for modifying and running the Anaheim Traffic Analysis Model (ATAM) model for on-call modeling requests. Her tasks include compiling zone level trips to be used in the fee assessment and reviewing model inputs and outputs for land use development projects. She has also managed a significant number of traffic impact studies, traffic impact analysis, peer reviews, and trip generation studies. The project began in 2009 and will conclude in 2021. Camarillo Traffic Impact Fee Update – City of Camarillo, CA As the lead Transportation Modeler, Ms. Emerson- Martin was responsible for validating and updating the travel demand model to verify previously calculated traffic impact fees based on the updated project set including the US-101 auxiliary lanes through the City of Camarillo. The project began in April 2018 and completed in September 2020. Ventura County Travel Model (VCTM) Update – Ventura County, CA As the lead Transportation Modeler, Ms. Emerson- Martin is responsible for utilizing the SCAG 2016 Regional travel demand model (TransCAD) and subarea modeling tool for use in the development of a subarea model specifically designed to meet the needs of Ventura County. Scripting for the travel model includes the development of additional add-in support for conversion from land use to socioeconomic data, as well as post-processing results in the required format for NEPA/CEQA analysis. The project began in April 2016 and complete in December 2018. I-10/I-110 Express Lanes Microsimulation, Los Angeles County Metropolitan Transportation Authority (Metro) – Los Angeles, CA Ms. Emerson-Martin served as the Project Manager and Task Lead for the microsimulation and data collection efforts for the fast-paced express-lane to HOT lane microsimulation analysis for two major corridors within Los Angeles County. She was primarily responsible for verifying data collection efforts for the entire project, as well as verifying Origin-Destination inputs from the 2016 RTP/SC travel demand model into the VISSIM microsimulation software analysis. The project began in May 2018 and completed in December 2018. MicroTransit Pilot Project, Los Angeles County Metropolitan Transportation Authority (Metro) – Los Angeles, CA Ms. Emerson-Martin served as the Project Manager and technical lead for the microtransit zone definitions and analysis efforts for the microtransit pilot project within Los Angeles County. She was primarily responsible for obtaining useable data from the 2016 RTP/SCS travel demand model, as well as directing the project team in brainstorming sessions for preferred pilot program evaluation. The project began in May 2018 and completed in December 2018. Inglewood Transit-Oriented Development – City of Inglewood, CA As Lead Transportation Modeler, Ms. Emerson- Martin was responsible for modifying the SCAG 2012 Regional travel demand model (TransCAD) for use in the analysis of transit-oriented development centering on newly developed rail stations in the City of Inglewood. Her tasks included land use modifications, network editing and producing travel model outputs for intersection and roadway analysis. The project began in September 2017 and completed in September 2018. Metro Supportive Transit Parking Program (STPP) Master Plan, Los Angeles County Metropolitan Transportation Authority (Metro) – Los Angeles, County, CA Ms. Emerson-Martin served as part of a multidisciplinary team to develop a comprehensive long-term plan for a self-sustaining parking system for Metro transit riders. She was the technical lead in the development of a parking pricing and ridership demand model, to determine the linkage between parking pricing, availability, and transit ridership. The project began in October 2015 and completed in January 2018. 4.14.a Packet Pg. 382 MAI DER VANG Task Support Innovating Through Informatics™ Iteris, Inc. Ms. Vang serves as an Associate Engineer for Iteris’ Transportation Systems division and has been with the firm since April 2017. She is involved with various traffic engineering and Traffic Signal Synchronization (TSS) projects, performing tasks such as field data collection, signal optimization and Travel Demand Forecasting (TDF). Ms. Vang’s software and traffic control system knowledge includes MS Office, AutoCAD, Civil 3D and Synchro. Mai humorously modifies photographs of food, turning them into creative illustrations she posts on social media. She also enjoys cooking. Project Experience Harbor Boulevard Traffic Signal Synchronization (TSS) Project – City of Santa Ana, CA Ms. Vang assisted in performing signal timing optimization, travel time evaluation, and fine-tuning on this signal synch project. Ms. Vang coordinated with the Iteris team to provide necessary ITS improvements (e.g. controller, switches, communication, Bluetooth devices, detection, etc.) along the 10-mile stretch of Harbor Boulevard in the cities of Garden Grove, Santa Ana, Fountain Valley, and Costa Mesa. These improvements fed into the ultimate goal of the project, which is providing regional synchronization, including the signals in the City of Anaheim just north of the project limits. The project began in June 2015 and completed in April 2018. The Operations and Maintenance (O&M) phase began in May 2018 and will be completed in May 2020. Brookhurst Regional Traffic Signal Synchronization Project (RTSSP), Orange County Transportation Authority (OCTA) – Orange County, CA Ms. Vang assisted in performing field data collection, Closed-Circuit Television (CCTV) design work on this OCTA project to provide traffic signal/ITS equipment upgrade and signal synchronization along Brookhurst Street. This project consists of 45 study intersections along a 10-mile stretch in the cities of Santa Ana, Costa Mesa, Newport Beach, and Caltrans. Fiber- optic cables will be installed at various segments of the corridor to close the communication gap. Many intersections will also be upgraded with new controllers, cabinets, service, emergency vehicle preemptions and CCTV. The project began in July 2018 and is expected to complete in December 2019 for which a 2-year Operations and Maintenance (O&M) period will commence. Tweedy Boulevard Signal Synchronization Project – City of South Gate, CA Ms. Vang assisted in performing field data collection and assists the Iteris team to improve the operation, safety, and management of the corridor. The project consists of analyzing improvements of Tweedy Boulevard between Atlantic Avenue and Alameda Street, including the design of fiber optic cable for Ethernet communication, five Closed-Circuit Television (CCTV) cameras, traffic signal cabinet and controller upgrades, and upgrades to the traffic signal equipment. The fiber optic communication will be designed to City Hall which will connect to the City’s Traffic Management Center (TMC) located in the Public Works Signal Shop. The signals along the corridor will be timed and synchronized to optimize traffic flow throughout the corridor. EDUCATION BS, Civil Engineering, University of California, Irvine, 2017 YEARS OF EXPERIENCE With Iteris: 2 Total: 2 CORE DISCIPLINES Traffic Engineering & Operations Transportation Planning Travel Demand Forecasting Data Collection AFFILIATIONS Organization Institute of Transportation Engineers (ITE) Did you know? 4.14.a Packet Pg. 383 MAI DER VANG Task Support Innovating Through Informatics™ Iteris, Inc. The project will also analyze four uncontrolled pedestrian crossings for proposed improvements. Iteris will be on task to provide any necessary support during construction. The project began in February 2019 and will be completed in June 2020. Traffic Signal Timing Project – City of Escondido, CA Ms. Vang served as a Project Engineer on this signal timing project which aimed to improve traffic flow by providing timing plans for intersections along two major corridors in the City. Iteris provided analysis of existing conditions, including working directly with the agency to collect turning movement counts, agency standards, and speed survey data; developed recommended timing parameters and optimized timing plans, including cycle lengths, splits, and offsets, for the corridors; and implemented and fine- tuned optimized plans, conducted travel time studies; and quantified project benefits through measure of effectiveness; based on changes in speeds, travel times, number of stops, delays and emissions. Ms. Vang provided basic timing parameters, before and after study, field work and data collection support for the project. The project began in July 2017 and completed in May 2018. Pasadena Traffic Management Center (TMC) Staffing for Special Events – City of Pasadena, CA Ms. Vang served as a Project Engineer on this TMC staffing project for the City. She provided staffing support during specific special events for the City. Iteris serves as an extension of City staff in the TMC during special events at the Rose Bowl, such as UCLA football home games, concerts, festivals, soccer games, and the Rose parade and game during the New Year. Iteris monitored traffic in and out of the Rose Bowl in the TMC and occasionally in the field and confirmed that the appropriate event timing plans were in operation as programmed; adjusted necessary timing based on observations and as requested by the field officers; and conducted other timing tasks as directed by City staff in between the inbound and outbound peaks. The project began in July 2015 and completed in June 2018. Mid-City Traffic Signal Timing Study – City of Santa Monica, CA Ms. Vang served as a Project Engineer on this signal timing project for City of Santa Monica. Iteris provided traffic signal timing consultant services to the City of Santa Monica’s Traffic Management Division. The project aimed to provide optimal timing plans for 25 intersections around the Metro Expo Line, bounded by Wilshire Boulevard, Cloverfield Boulevard, Pico Boulevard and Lincoln Boulevard. Ms. Vang was responsible for the before and after study for the project. The project began in May 2017 and completed in June 2019. 17th Street and Victoria Street Traffic Signal Coordination Project – Cities of Costa Mesa, Newport Beach, & Huntington Beach, CA Ms. Vang assisted in performing field data collection, signal timing optimization, travel time evaluation and fine-tuning for this multijurisdictional project along the 17th Street corridor within the Cities of Costa Mesa and Newport Beach, as well as the Victoria Street corridor within the Cities of Costa Mesa and Huntington Beach. The project involved the design and installation of new fiber optic cables along both corridors, controller upgrade, Closed- Circuit Television (CCTV) camera, and additional Traffic Management Center (TMC) equipment. The infrastructure improvement converted the existing communications from serial to Gigabit Ethernet and enable all the intersections to be brought online to the City of Costa Mesa’s MIST traffic signal system. Upon completion of construction, Iteris implemented and fine-tuned AM, midday, PM and weekend signal coordination timing plans for both corridors and provided two additional years of Operations and Maintenance (O&M) support. The project began in June 2013 and completed in February 2018. Avanti Anaheim Boulevard Townhomes TIA – City of Anaheim, CA Ms. Vang served as Project Engineer for the Avanti Townhomes TIA project. Iteris provided traffic operations analysis for fourteen signalize intersections and fifteen roadway segments within the study area. The townhomes are located at 100-394 West Cerritos Ave, on the southwest corner of the intersection of Cerritos Avenue and Anaheim Boulevard. Ms. Vang was responsible for the traffic analysis and preparing the final document. The project began in January 2019 and completed in May 2019. 4.14.a Packet Pg. 384 MARIO GUTIERREZ Task Support Innovating Through Informatics™ Iteris, Inc. Mr. Gutierrez serves as an Engineer for Iteris’ Transportation Systems division and has been with the firm since November 2017. He has over 7 years of experience working in the fields of Traffic and Transportation Engineering, and Intelligent Transportation Systems (ITS), including traffic impact analysis, transportation planning, traffic calming, traffic signal and signing/striping design, and parking demand analysis. Mr. Gutierrez has designed and drafted traffic signal, signing and striping, street lighting, and temporary worksite traffic control plans for projects located within Los Angeles, Orange, Riverside, San Bernardino, and San Diego Counties. He has led over 30 projects from the initial scoping process to project approval. Mr. Gutierrez is proficient in AutoCAD, Traffix, and Synchro. Mr. Gutierrez is an expert in both verbal and written English-Spanish translation. Mario enjoys cooking in his free time and enjoys spending time with his dog, a pet corgi named Waffles. Project Experience Brookhurst Regional Traffic Signal Synchronization Project (RTSSP), Orange County Transportation Authority (OCTA) – Orange County, CA Mr. Gutierrez serves as the Project Engineer responsible for fiber optic communication and traffic signal design to OCTA to provide traffic signal/ITS equipment upgrade and signal synchronization along Brookhurst Street. This project consists of 45 study intersections along a 10-mile stretch in the cities of Santa Ana, Costa Mesa, Newport Beach, and Caltrans. Fiber-optic cables will be installed at various segments of the corridor to close the communication gap. Many intersections will also be upgraded with new controllers, cabinets, service, emergency vehicle preemptions and Closed- Circuit Television (CCTV). The project began in July 2018 and is expected to complete in December 2019 for which a 2-year Operations and Maintenance (O&M) period will commence. I-405 Design-Build Improvement Project, Orange County Transportation Authority (OCTA) – Orange County, CA Mr. Gutierrez serves as a Project Engineer for the MOT/Detour Plan on this $1.2 billion dollar design build project in Orange County California. The project will improve 16 miles of the I-405 between the SR-73 freeway in Costa Mesa and the I-605 near the Los Angeles County line. The project includes adding one regular lane in each direction from Euclid Street to I-605, making improvements to freeway entrances, exits and bridges, and will also implement Express Lanes that expands the existing HOV lane from one lane to two lanes in each direction from SR-73 to I-605. Iteris is responsible for the design of the Caltrans ITS field infrastructure, temporary ITS field infrastructure supporting maintenance of traffic during construction, toll system infrastructure and coordination, street lighting, agency traffic signal improvements along the corridor and development of the project Traffic Management Plan (TMP). Mr. Gutierrez is assisting project management with the preparation and development of Plans, Specifications and Estimates (PS&E) for traffic signal modifications and street lighting design. The project began in January 2017 and construction is scheduled to be completed 2023. EDUCATION BS, Civil Engineering, University of California, Irvine, 2011 YEARS OF EXPERIENCE With Iteris: 2 Total: 7 REGISTRATIONS & CERTIFICATIONS Engineer-In-Training (EIT) CA #155268, 2015 CORE DISCIPLINES Traffic Engineering ITS Planning, Design & Integration Transportation Planning AFFILIATIONS Institute of Transportation Engineers Southern California Section (ITE SoCal) Orange County Traffic Engineers Council (OCTEC) Intelligent Transportation Society of California (ITSCA) Did you know? 4.14.a Packet Pg. 385 MARIO GUTIERREZ Task Support Innovating Through Informatics™ Iteris, Inc. Shoreline Gateway East Tower – City of Long Beach, CA Mr. Gutierrez serves as a Project Engineer to the City of Long Beach for traffic engineering design services. Iteris’ tasks include data collection and project coordination; field review to verify existing features; improvement plans including traffic signal modification, signal and striping, temporary traffic signal, and traffic control; and further, cost estimates and specifications in conformance with American Public Works Association (APWA) Green Book and reference material as part of the City’s standard contract documents. Ms. Gutierrez is assisting project management with the preparation and development of temporary traffic control plans, temporary traffic signal plans, and ultimate traffic signal and signing/striping plans. This project began in October 2017 and is construction support anticipated to be completed in June 2020. On-Call Traffic Engineering Services (Santa Fe Signal Modification) – City of Vernon, CA As part of an On-Call, Mr. Gutierrez serves as Project Manager responsible for managing budget, design and communication with client. Also worked as a Project Engineer for the project. The objective of the project was to add split phasing at the intersection of Santa Fe Avenue and the City Hall driveway in order to provide more efficient operations at the signal. Mario was responsible for providing the traffic signal modification design and calculating the new signal timing plans in order to providing the new signal operations. The project began in September 2018 and was completed in April 2019. Design Services Safe Routes to School (SRTS), Pedestrian Improvements at Four Schools – City of Santa Monica, CA Mr. Gutierrez serves as Project Engineer responsible for Traffic Signal design, signing and striping, street lighting, and temporary traffic control. He also assists Iteris staff in supporting the design effort by providing Plans, Specifications and Estimates (PS&E) for the replacement of existing flashing beacons with Rectangular Rapid Flashing Beacons (RRFBs) on Ocean Park at 16th Street and 18th Street; design of a southbound No Right Turn on Red restriction on 17th Street at Ocean Park Boulevard; and design of an eastbound No left turn during peak hours restriction on 16th Street at Ocean Park Blvd. Iteris also provided Temporary Traffic Control Plans (TTCPs) suitable for submittal to the City of Santa Monica for temporary construction closures of 11 public roadways within the City. The project began in August 2017 and completed in July 2019. Traffic Signal Modification for Carbon Canyon Road (SR-142) and Canyon Hills Road – City of Chino Hills, CA Mr. Gutierrez serves as Project Engineer responsible for traffic signal and temporary traffic control design. The goal of the project is to implement all the necessary signal equipment, signage, and striping at the intersection of Carbon Canyon Road and Canyons Hills Road in order to provide signalized operations. The project also consisted of providing a traffic control design during all the project construction stages. The project began in March 2018 is ongoing. Tweedy Blvd Signal Synchronization Project – City of South Gate, CA Mr. Gutierrez serves as Project Engineer responsible for fiber optic communications design and assisted the Iteris team to improve the operation, safety and management of the corridor. The project consists of analyzing improvements of Tweedy Boulevard between Atlantic Avenue and Alameda Street, including the design of fiber optic cable for Ethernet communication, five CCTV cameras, traffic signal cabinet and controller upgrades, and upgrades to the traffic signal equipment. The fiber optic communication will be designed to City Hall which will connect to the City’s Traffic Management Center located in the Public Works Signal Shop. The signals along the corridor will be timed and synchronized to optimize traffic flow throughout the corridor. The project will also analyze four uncontrolled pedestrian crossings for proposed improvements. Iteris will be on task to provide any necessary support during construction. The project began in February 2019 and will complete June 2020. City of Irvine On-Call Technical Signal Services – City of Irvine, CA Mr. Gutierrez serves as a Project Engineer responsible for traffic signal design and turning analysis. Iteris serves as an extension of City staff in the field and at the Irvine Traffic Research and Control (ITRAC) center for any timing related requests, such as crosswalk measurements, bicycle clearance measurements, construction and special event support. The project begain in January 2017 and is ongoing. 4.14.a Packet Pg. 386 LYDIA CHUN Task Support Innovating Through Informatics™ Iteris, Inc. Ms. Chun serves as Associate Engineer for Iteris’ Transportation Systems division and has been with the firm since April 2017. She has over two years of experience in transportation systems design and traffic operations. Ms. Chun has been involved in the planning, designing, and deployment of transportation design projects and signal timing projects. She is proficient in the use of design and traffic analysis software such as AutoCAD, Synchro, ArcGIS, MicroStation, Tru-Traffic and VISSIM.Ms. Chun has worked with various controllers and controller firmware, and traffic control systems, such as Actra, Aries, Centracs, Maxview, QuicNet, Transparity and TransSuite. Lydia loves the outdoors and enjoys activities such as camping, hiking and rock climbing. Project Experience Rancho Cucamonga Coordination Timing Project – City of Rancho Cucamonga, CA Ms. Chun serves as Project Manager leading the Iteris team providing optimized signal timing plans along three major corridors: Haven Avenue, Base Line Road, and Foothill Boulevard for the weekday AM, Midday, and PM peak periods. Iteris will develop and implement timing plans along these project corridors to help reduce travel time, delay, greenhouse gas emission and to help improve traffic congestion throughout the City. The study area includes a total of 26 signalized intersections: 18 City of Rancho Cucamonga signals, two Fontana signals, and six Caltrans District 8 signals. The project began in December 2015 and scheduled to be completed September 2019. Multi-Corridor Traffic Signal Coordination Project – City Ontario, CA Ms. Chun serves as Project Engineer and responsible for data collection and developing plans. Iteris is providing optimized signal timing for Mountain Avenue, Grove Avenue, and Holt Boulevard in the City of Ontario. The study area includes a total of 43 signalized intersections. The project began in February 2019 and scheduled to be completed November 2019. Bristol Street Traffic Signal Synchronization (TSS) Project, Orange County Transportation Authority (OCTA) – Orange County, CA Ms. Chun served as the Project Engineer and responsible for leading the O&M phase. Iteris is providing traffic signal/ITS equipment upgrade and signal synchronization along the Bristol Street corridor. This project consists of 45 study intersections along a 10-mile stretch in the cities of Santa Ana, Costa Mesa, Newport Beach, and Caltrans. Fiber-optic cables were installed at various segments of the corridor to close the communication gap. Many intersections were also upgraded with new controllers, cabinets, service, emergency vehicle preemptions and Closed-Circuit Television (CCTV). AM, mid-day, PM, and weekend coordination timing plans were implemented. Based on the before/after studies results, the project has a Benefit-to-Cost (B/C) ratio of 11:1. The project began in June 2015 and was completed in December 2017 after which a 2-year Operations and Maintenance (O&M) period commenced. EDUCATION BS, Civil Engineering, University of California Irvine, Irvine, 2017 YEARS OF EXPERIENCE With Iteris: 2.5 Total: 3.5 REGISTRATIONS Engineer-In-Training (EIT) ST #163416, 2018 CORE DISCIPLINES Traffic Engineering & Operations Traffic Signal Design ITS Planning & Design Event Management AFFILIATIONS American Society of Civil Engineers (ASCE) Institute of Transportation Engineers (ITE) Orange County Traffic Engineering Council (OCTEC) Women Transportation Seminar (WTS) Did you know? 4.14.a Packet Pg. 387 LYDIA CHUN Task Support Innovating Through Informatics™ Iteris, Inc. Pasadena ITS Phase III Design and Implement Signal Timing – City of Pasadena, CA Ms. Chun serves as Project Engineer responsible for data collection, development of timing plans, and configuration of traffic signal controller upgrades using Transparity and BiTran software. Iteris is providing optimized signal timing along seven major corridors as part of the ITS Phase III for the City of Pasadena. Similar to all previous signal timing projects with the City, the optimized timing were developed to meet the latest CA MUTCD guidelines and coordinated with existing crossing corridors. The project began in February 2019 and scheduled to be completed June 2019. I-405 Design-Build Improvement Project, Orange County Transportation Authority (OCTA) – Orange County, CA Ms. Chun serves as a Project Engineer for the MOT/ Detour Plan on this $1.2 billion dollar design build project in Orange County California. The project will improve 16 miles of the I-405 between the SR-73 freeway in Costa Mesa and the I-605 near the Los Angeles County line. The project includes adding one regular lane in each direction from Euclid Street to I- 605, making improvements to freeway entrances, exits and bridges, and will also implement Express Lanes that expands the existing HOV lane from one lane to two lanes in each direction from SR-73 to I- 605. Iteris is responsible for the design of the Caltrans ITS field infrastructure, temporary ITS field infrastructure supporting maintenance of traffic during construction, toll system infrastructure and coordination, street lighting, agency traffic signal improvements along the corridor and development of the project Traffic Management Plan. Ms. Chun is assisting project management with the preparation and development of Plans and Specifications for the maintenance of traffic. The project began in 2017 and construction is scheduled to be completed 2023. Brookhurst Regional Traffic Signal Synchronization Project (RTSSP), Orange County Transportation Authority (OCTA) – Orange County, CA Ms. Chun serves as a Project Engineer to OCTA to provide traffic signal/ITS equipment upgrade and signal synchronization along Brookhurst Street. This project consists of 59 study intersections along a 16- mile stretch beginning in the City of Fullerton down to the City of Huntington Beach. Fiber-optic cables will be installed at various segments of the corridor to close the communication gap. Many intersections will also be upgraded with new controllers, cabinets, service, emergency vehicle preemptions and Closed- Circuit Television (CCTV). Ms. Chun conducted field work, created traffic signal plans, and developed basic timing parameters for this project. The project began in July 2018 and is expected to complete in December 2019 for which a 2-year Operations and Maintenance (O&M) period will commence. Metro Orange Line (MOL) In-Road Warning Lights (IRWL) and Traffic Control Gates Design Pilot, Los Angeles County Metropolitan Transportation Authority (Metro) – Los Angeles County, CA Ms. Chun serves as a Project Engineer for this pilot deployment project for Metro. The project is to evaluate Metro Orange Line busway intersections on the northern section of Canoga Avenue to install an IRWL system and gate arm system to alert vehicles of an oncoming bus. Ms. Chun assisted in the creation of traffic signal plans and input of field notes. The project began in February 2017 and completed in June 2018. The project is currently under construction. Automated Traffic Management System (ATMS), University of California, Irvine (UCI) – Irvine, CA Ms. Chun served as Project Engineer for this ATMS project for the UCI Reagents. This project includes full communication enhancements including new Fiber Optic cable, new conduit, splice closures, traffic signal controllers, switches, CCTV Cameras, and Traffic Signal cabinets throughout the UC Irvine campus. Ms. Chun assisted in the field work for this project as well as the communication design. This project began in February 2017 and is ongoing. City of Irvine On-Call Technical Signal Services – City of Irvine, CA Ms. Chun serves as a Project Engineer responsible for providing assistance to City staff during day-to- day activities. Iteris will serve as an extension of City staff in the field and at the Irvine Traffic Research and Control (ITRAC) center for any timing related requests, such as crosswalk measurements, bicycle clearance measurements, construction, and special event support. The project begain in January 2017 and is ongoing. 4.14.a Packet Pg. 388 EVAN SHIPLEY Task Support Innovating Through Informatics™ Iteris, Inc. Mr. Shipley serves as an Assistant Engineer for Iteris’ Transportation Systems division and has been with the firm since April 2017. His experience includes working in the fields of Traffic Engineering and Operations and ITS Systems Engineering. Mr. Shipley has also been involved in a yearlong research project with Dr. Wilfred Recker, a Professor of Transportation Engineering at University of California, Irvine. Mr. Shipley’s software knowledge includes AutoCAD, MicroStation, Synchro, TransModeler, HCS 2010 and TransCAD. Evan studied Mandarin Chinese at the University of California, Irvine and would like to someday live in Taiwan. Project Experience Marguerite Parkway Traffic Signal Synchronization Project (TSSP)-City of Mission Viejo, CA Mr. Shipley served as Project Engineer on this Traffic Signal Synchronization project for the City of Mission Viejo. Iteris was selected to provide final design Plans, Specifications, and Estimates (PS&E) and Traffic Signal Timing upgrades for Marguerite Parkway in the City of Mission Viejo. Iteris staff evaluated different models of push buttons and made recommendations based on the city’s needs and available technology. Other improvements included new UPS, CCTV, EVP, traffic signal cabinet, and fiber optic cable. Shipley was involved in the implementation and fine-tuning process of the timing project. He generated solutions and feedback that the residents provided about the corridor performance. He also wrote the before and after study comparison report along with the final project report. The project began in April 2017. Shipley’s involvement on the project began in October 2017 and is ongoing. The project ended in June 2019. Tweedy Blvd Signal Synchronization Project– City of South Gate, CA Mr. Shipley served as Project Engineer on this project type project for the City of South Gate. Iteris was selected by the City of South Gate to complete the Tweedy Boulevard Traffic Signal Synchronization Project to improve the operation, safety and management of the corridor. The project consisted of analyzing improvements of Tweedy Boulevard between Atlantic Avenue and Alameda Street, included the design of fiber optic cable for Ethernet communication, five (5) CCTV cameras, traffic signal cabinet and controller upgrades, and upgrades to the traffic signal equipment. Mr. Shipley was involved in the traffic signal timing field work and the generation of synchronized timing plans for the corridor. The project began in February 2019. Mr. Shipley’s involvement on the project began in March 2019 and is ongoing. The project ended in June 2020. Traffic Management Center (TMC) Staffing Event Management– City of Santa Monica, CA Mr. Shipley serves as Project Engineer on this TMC project for the City of Santa Monica. Iteris was contracted to serve as an extension of the City’s MC staff during the summer and winter months. The goal of the project was to bring together all participants involved in managing traffic during large influxes in and out of the City. Mr. Shipley provided field staff support. EDUCATION BS, Civil Engineering, University of California, Irvine, 2017 YEARS OF EXPERIENCE With Iteris: 3 Total: 3 CORE DISCIPLINES Traffic Engineering & Operations ITS Planning/Design/Integration O&M AFFILIATIONS American Society of Civil Engineers (ASCE) International Chinese Transportation Professionals Association (ICTPA) Did you know? 4.14.a Packet Pg. 389 EVAN SHIPLEY Task Support Innovating Through Informatics™ Iteris, Inc. The project began in May 2014. Mr. Shipley’s involvement on the project began in June 2018 and is ongoing. Von Karman Ave/Tustin Ranch Rd Traffic Signal Synchronization Project (RTSSP) – City of Irvine, CA Mr. Shipley serves as Project Engineer on this Traffic Signal Synchronization project for the City of Irvine. Iteris was selected by the City of Irvine to assist with the multi-jurisdictional improvements of the 7.9-mile stretch of Von Karman Avenue and Tustin Ranch Road in the cities of Irvine and Tustin. The project will retime 30 signalized intersections, which includes the two Caltrans crossings at the I-5 interchange. Mr. Shipley was involved in generating the bike distances to use in the bike min green calculations and the generation of the coordinated timing plans. The project began in April 2017. Mr. Shipley’s involvement on the project began in February 2018 and is ongoing. Artesia Boulevard Arterial Improvements from Western Avenue to Vermont Avenue – City of Gardena, CA Mr. Shipley serves as Project Engineer on this Arterial Improvements project for the City. The goal of this project is to improve the flow of traffic and reduce congestion along Artesia Blvd in Gardena. Iteris is responsible for performing the traffic analysis, traffic signal modification plans, and signing and striping plans. We are subbed to Penco for this project and they are handling the civil design part of it. Mr. Shipley was involved with the field work to document the existing signing and striping along the corridor, he also documented the existing timing at the 5 signalized locations along the corridor. The project began in March 2019. Mr. Shipley’s involvement on the project began in April 2019 and is ongoing. Design and Implement Traffic Signal Synch Timing - Phase III – City of Pasadena, CA Mr. Shipley serves as Project Engineer on this Traffic Signal Synch Timing project for the City of Pasadena. The City of Pasadena has been implementing Citywide ITS improvements in three phases for which this project represents the final phase of upgrades. The project includes signal synchronization along 8 corridors and 36 intersections, controller upgrades and timing sheet conversions at 11 locations from Type 170 to Type 2070 controller standard. Iteris provided travel time before and after studies, data collection, signal timing strategy analysis, signal system network configuration and coding, traffic signal timing optimization, and implementation and fine-tuning. Mr. Shipley was involved in the generation of basic timing parameters to use in developing coordinated timing plans. The project began in November 2018. Mr. Shipley’s involvement on the project began in January 2019 and is ongoing. Plans, Specifications and Estimates (PS&E) for the Valley Boulevard Pedestrian Improvements Project – City of Alhambra, CA Mr. Shipley serves as Project Engineer on this Pedestrian Improvements project for City of Alhambra. The project provided pedestrian safety enhancements along Valley Boulevard through the installation of 3 pedestrian hybrid beacons, along with other pedestrian safety improvements. Iteris is providing the design plans and cost estimates for the installation of these 3 beacons at select intersections as well as other pedestrian improvements at 4 other locations. Mr. Shipley helped with the design of the signals and the creation of the PS&E set. The project began in January 2019 and is ongoing. Griffith Park Circulation and Parking Study – City of Los Angeles, CA Mr. Shipley served as Project Engineer who developed signing and striping plans as well as signal plans for the installation of a rectangular rapid flash beacon (RRFB) system. The project evaluated vehicle, shuttle bus, bicycle, and pedestrian circulation conditions within Griffith Park in the City of Los Angeles, as part of a study to mitigate traffic congestion and improve multimodal accessibility while protecting the natural environment and urban wilderness identity. He helped with drafting conceptual design plans for intersection and parking improvements and prepared multiple alternatives, factoring in recommended lane configurations and widths, parking stall angles and lengths, pedestrian crossings, and bike lanes. The project began in June 2015. Mr. Shipley’s involvement on the project occurred from October 2017 to January 2018. The project completed in June 2018. 4.14.a Packet Pg. 390 JOSE CASTELLANOS, IMSA Task Support Innovating Through Informatics™ Iteris, Inc. | 1 Mr. Castellanos serves as Engineer for Iteris’ Transportation Systems division and has been with the firm since November 2017. He has over four years of experience working in the field of transportation engineering. His expertise includes traffic operations analyses, traffic simulation, and signal timing. Mr. Castellanos’ engineering software experience includes Synchro, SimTraffic, Tru- Traffic, HCS, VISSIM, AutoCAD. His experience with traffic systems include MAXVIEW, QUICNET, TRANSAPARITY, ARIES, CENTRACS, ACTRA, and TACTICS central systems and he has experience with ASC-2, ASC-3, Sepac, C8, TSCP, LACO-4E, 233, 2033, and Omni controller firmware. Jose enjoys playing electric guitar and collecting music equipment. Project Experience Pacific Coast Highway Traffic Signal Synchronization (TSS), Orange County Transportation Authority (OCTA) – Orange County and City of Newport Beach, CA Mr. Castellanos provided support for this Traffic Signal Synchronization project led by OCTA. This project will: 1) develop a PS&E package for approximately 11 miles of fiber optic cable, integration of three new HD CCTV surveillance cameras, a new DMS sign and system; 2) upgrade 15 controllers to 2070 controllers for Caltrans and provide fiber optic communication connection to City Hall and Caltrans TMC; 3) develop new timing plans for the entire corridor which include 4 timing plans; 3 weekday peak period timing plans and a weekend timing plan; and 4) provide 24 months of O&M services to maintain the communication system as well the signal timing operations of the corridor. Mr. Castellanos conducted before travel time runs, and generated the before study report with OCTA. The project began in June 2016 and is ongoing. On-Call ITS Operations and Maintenance – City of Fountain Valley, CA Iteris is awarded annual contracts from the City of Fountain Valley to assist in the on-going operation and maintenance of the ITS infrastructure. Iteris, through this contract, maintains the operation of all the ITS components which include the fiber optic communication system, the Ethernet communication hardware, the CCTV hardware and controller communication failures. Mr. Castellanos assisted in integration of fiber communications and switch installations. This project began in May 2016 and will complete in March 2017. San Bernardino Valley Coordinated Traffic Signal System Project (SBVCTSS), San Bernardino County Transportation Authority (SBCTA) – San Bernardino County, CA Iteris was selected by San Bernardino County Transportation Authority (SBCTA) to improve traffic operations in the San Bernardino Valley. This starts with good traffic system communications as well as excellent traffic signal timing operations followed by regular review of the communication system as well as the traffic signal timing operations. Iteris provides expertise with all three of these project elements. As a part of a task order to develop a Traffic Signal Coordination Master Plan for priority areas, Mr. Castellanos assisted on the cycle length development. Iteris also provided traffic signal EDUCATION MS, Civil Engineering, California State Polytechnic University, Pomona (in progress) BS, Civil Engineering, California State University, Long Beach, 2016 YEARS OF EXPERIENCE With Iteris: 2 Total: 4 REGISTRATIONS & CERTIFICATIONS Engineer-in-Training (EIT) CA #158541, 2016 International Municipal Signal Association (IMSA) Traffic Signal Level I, #AA111608, 2017 CORE DISCIPLINES Traffic Engineering & Operations ITS Planning/Design/Integration AFFILIATIONS Orange County Traffic Engineers Council (OCTEC) International Municipal Signals Association Did you know? 4.14.a Packet Pg. 391 JOSE CASTELLANOS, IMSA Task Support Innovating Through Informatics™ Iteris, Inc. | 2 timing services for the I-10/Pepper Avenue Interchange Project and assists Caltrans and SBCTA in implementing and fine-tuning new timings. Working with Caltrans, Mr. Castellanos was responsible for signal Synchronization tasks for three intersections. This project began in January 2017 and is expected to be complete in January 2020. On-Call Traffic Engineering Services for Trabuco Road Traffic Signal Synchronization – Cities of Lake Forest & Mission Viejo, CA OCTA selected Iteris to implement traffic signal corridor optimization and traffic communication upgrades. This project with provide operations and infrastructure improvements at 14 intersections along a 4.5 mile segment of Trabuco Road. Two municipalities are involved with this project, including the City of Lake Forest and the City of Mission Viejo. The project will perform upgrades for traffic signal equipment and infrastructure, design and construct system improvements, develop and implement optimized traffic signal synchronization timing plans, as well as provide 24 months of maintenance for the traffic signal timing implemented through this project. The project goals include reducing stops, delays, travel times, vehicular emissions, Greenhouse Gases (GHG), and overall traffic congestion along the corridor. Mr. Castellanos assisted with travel time runs for the O&M phase. This project began in May 2015 and is ongoing. Santa Monica Staffing Event Management– City of Santa Monica, CA Iteris was contracted to serve as an extension of the City’s TMC staff during the following: California Incline Bridge Closure Project and Go With the Flow TMC Staffing Support in the summer of 2014. Due to positive feedback from City staff during events with staffing in the TMC, Iteris has been requested to also provide staffing support on various events throughout the year. Mr. Castellanos provided traffic operations support from the City’s TMC. Previous Project Experience Chapman TSSP, Orange County Transportation Authority (OCTA) – Orange County, CA Mr. Castellanos provided traffic engineering services for various transportation engineering functions for this OCTA funded project. The project required traffic signal synchronization of 55 intersections under the jurisdiction of City of Orange, Garden Grove, Caltrans, and County of Orange. As part of this assignment, his duties included preliminary field review of intersection configuration and cabinet inventory, creation of base Synchro models, generating spreadsheets for existing and proposed basic timing intervals, cycle length analysis, and optimization plans for AM, MD, PM and weekend periods Transportation Planning & Traffic Operations, Kimley Horn & Associates Mr. Castellanos served as a Civil Analyst and assisted in projects related to traffic operations and signal timing. Projects included Chapman TSSP, Newport TSSP, LA Avenue Signal Synchronization Project, Agoura On-Call, West Santa Ana Branch, and Malibu Pacific Coast Highway Signal Systems Improvements. Other assignments included preparing signal timing sheets for on-call clients, parking studies, review of traffic control plans, preparing reports and submittals for clients, and signal modification work on AutoCAD. 7/2016 - 10/2017 Traffic Management Center – City of Anaheim PWA Mr. Castellanos served as an Intern and assisted the engineers with day-to-day traffic operations including event support, traffic controller programming, troubleshooting field device communications to TMC, making remote signal timing changes using central system software, traffic studies, updating intersection timing sheet records, and various other duties. 6/2014 – 7/2016 Land Surveying Intern – City of Santa Ana PWA Mr. Castellanos served as an Intern and assisted the land surveyors in the field with locating or re- establishing centerline ties, staking grading, drawing centerline ties on MicroStation, and other various duties. 8/2008 – 9/2009 Civil Engineering Intern - Construction Management Mr. Castellanos served as an Civil Engineering Intern and assisted the engineers in paying contractors through progress payments, processing project submittals, mix designs, bid abstracts, change orders, generating monthly reports for staff, and other various duties. 6/2006 – 8/2008 4.14.a Packet Pg. 392 JIAYU QIAN, PE, PTOE Task Support Innovating Through Informatics™ Iteris, Inc. Mr. Qian serves as a Traffic Engineer for Iteris’ Transportation Systems division and has been with the firm since March 2019. He has over 5 years of experience working in the fields of Traffic Operations and Simulation, ITS Design, Traffic Safety Analysis and Impact Studies, Travel Demand Modeling, and Traffic Signal Synchronization. Jiayu is a soccer fan and enjoys traveling, photographing, and cooking. Project Experience Triangle Integrated Corridor Management, Caltrans – Orange County, CA Mr. Qian serves as project engineer on this ITS design project for Caltrans. He developed plans, specifications & estimates to upgrade existing, replace and install new closed circuit television cameras (CCTV), upgrade existing changeable message signs (CMS), enhance fiber optic communication links, upgrade network switch, traffic controller in District 12 along Route 5, State Route 57 and State Route 91 which traverses the cities of Anaheim, Santa Ana, Orange, Placentia, Brea, Garden Grove, Buena Park, and Fullerton. The project began in February 2018 and is ongoing. Citywide Signal Synchronization Master Plan – Irvine, CA Mr. Qian served as project engineer on this project type project for the City of Irvine. The purpose of the master plan is to develop a high-level guideline and optimum synchronization strategy which the city can utilize to optimize individual corridors from a network perspective. Jiayu first reviewed and verified timing parameters, traffic patterns, pedestrian and bicycle crossing requirement at critical intersections in Synchro. Then he conducted critical cycle length analyses based on which recommended cycle lengths for individual intersections were tested and determined. Zoning with common cycle length were also proposed. The project began in March 2019 and ended in August 2019. Santa Ynez Valley Traffic Circulation and Safety Study – Santa Barbara County, CA Mr. Qian serves as project engineer on this planning project type project for the City of Santa Ynez. The goal of this study is to comprehensively assess and identify needed current and forecasted future circulation and safety improvements for the multimodal transportation needs of the Santa Ynez Valley. By incorporating data from various sources including SBCAG travel demand model, PeMS travel time and traffic counts, Jiayu developed a hybrid meso/micro VISSIM model for existing conditions, and based on which, alternative potential improvements concepts will be tested. The project began in March 2019 and is ongoing. EDUCATION MS, Civil Engineering, Transportation, Texas A&M University, TX, 2013 BS, Civil Engineering, Huazhong University of Science & Technology, 2011 YEARS OF EXPERIENCE With Iteris: 0.5 Total: 5.5 REGISTRATIONS & CERTIFICATIONS Civil Engineer (PE) TX #130955, 2018 Professional Traffic Operations Engineer (PTOE) #4529, 2018 CORE DISCIPLINES Traffic Engineering & Operations Traffic Signal Design & Timing Optimization Transportation Planning & Travel Demand Modeling Design Build AFFILIATIONS Institute of Transportation Engineers (ITE), Member ITS America, Member Did you know? 4.14.a Packet Pg. 393 JIAYU QIAN, PE, PTOE Task Support Innovating Through Informatics™ Iteris, Inc. Signal Coordination Master Plan, San Bernardino County Transportation Authority (SBCTA) – San Bernardino County, CA Mr. Qian served as project engineer on this signal timing optimization project type project for SBCTA. This project aims to develop high-level strategies for signal timing and cross jurisdictional coordination for the study area. Jiayu evaluated existing traffic patterns and signal operation at key intersections to identify critical corridors and determine optimum timing parameters. He then developed zoning with recommended common cycle length to maximize operational efficiency as well as provide guidance for cross-jurisdictional signal coordination. The project began in March 2019 and is ongoing. Lehi Tech Corridor (Lehi Main to SR-92, approx. 4.5 miles) Design-Build Project, UDOT – Salt Lake City, UT Mr. Qian served as project engineer on this design build project for UDOT. Utah Department of Transportation proposes to convert the two-way frontage road system to a one-way frontage system with freeway access. Mr. Qian developed VISSIM traffic simulation models for the analysis of various MOT scenarios. The project began in February 2018 and ended in October 2018. US 59 ITS Master Plan from SH 60 to west of CR 227, TxDOT – Wharton County, TX Mr. Qian served as task leader on this ITS design project for TxDOT. He conducted traffic signal warrants studies and developed intelligent transportation system (ITS) design, including ITS master plan sheets, construction notes, electrical service table, item quantities, and cost estimates. The project began in January 2018 and ended in March 2019. I-45 IAJR at Holland Rd Interchange, Buc-ee’s Store & Gas Station – Texas City, TX Mr. Qian served as project engineer on this IAJR project for Texas based chain store and gas station company Buc-ee’s. He collected traffic and crash data and conducted safety analysis using Interactive Highway Safety Design Model (IHSDM). Jiayu then developed VISSIM models to evaluate various ramp modification options along I-45. The project began in September 2017 and ended in December 2018. Interchange Access Request Re-evaluation for I- 25/Cimarron Interchange, CDOT – Colorado Springs, CO Mr. Qian served as project engineer on this IAJR project for CDOT. This project aims to evaluate safety and operation impact of the proposed I- 25/Cimarron interchange to mainline of I-25. The proposed alternatives include tight urban diamond interchange (TUDI) configuration, signal point urban interchange (SPUI), diverging diamond interchange (DDI). Jiayu developed VISSIM models to analyze and identify alternative with best traffic operation performance. He also prepared technical memorandum to address how proposed design meet FHWA policy point requirements. The project began in Januare 2014 and ended in December 2015. MoPac South Intersection Analysis, Central Texas Regional Mobility Authority (CTRMA) – Austin, TX Mr. Qian served as project engineer on this planning project for CTRMA. CTRMA requested to perform traffic analysis of six intersections along MoPac South highway. In this project, Jiayu collected data for all 19 intersections located along South MoPac frontage roads from City of Austin. Then he used Synchro and VISSIM to analyze six study intersections in existing, no build and build conditions. Video clips for Simtraffic and VISSIM simulation were also made for presentation purposes. The project began in March 2018 and is ongoing. South Alamo Street VISSIM Analysis – San Antonio, TX Mr. Qian served as task leader on this corridor study project for city of engineer. The work involves VISSIM development to analyze a complete street concept with high volume of crossing pedestrians. He developed VISSIM model and conducted various analysis. The project began in March 2018 and ended in November 2018. I-10 General Engineering Consultant (GEC) (I-17 to US 60), ADOT – Temple, AZ Mr. Qian served as project engineer on this design build project for ADOT. Jiayu developed three-hour peak VISSIM model along study corridor. Extensive congestion occurred along the sixteen-lane corridor, including HOV and several interchanges. The project began in March 2016 and ended in October 2018. 4.14.a Packet Pg. 394 CASEY HU Task Support Innovating Through Informatics™ Iteris, Inc. Ms. Hu serves as an Assistant Engineer for Iteris’ Transportation Systems division and has been with the firm since May 2017. She has three years of experience working in the fields of traffic engineering and operations and provides quality assurance assistance for software development projects. Ms. Hu’s software knowledge includes MicroStation, AutoCAD, Synchro, ArcGIS, VBA, HTML Tru-Traffic, PC Travel, and Microsoft Products. Ms. Hu has extensive knowledge with traffic signal controllers, ITS equipment and communication infrastructure, and traffic management systems. Casey enjoys photography and Illustration and serves as a webmaster for the Orange County Traffic Engineers Council (OCTEC). Project Experience MacArthur Boulevard Regional Traffic Signal Synchronization Program (RTSSP) Project – City of Irvine, CA Ms. Hu serves as Task Leader of Data Collection & Field inventory on this project with the City of Irvine which involves signal synchronization and equipment upgrades along MacArthur Boulevard from Pacific Coast Highway (PCH) and State Route 55 (SR-55) ramps, spanning across the Cities of Irvine and Newport Beach. The project was funded by Measure M2 funds, with the City of Irvine serving as the lead agency. The corridor spans 8.2 miles totaling 22 traffic signals. Iteris is providing updated clearance parameters for the safety of vehicles, pedestrians, and bicyclist accompanied with new coordinated plans that will provide progression improvement along MacArthur Boulevard corridor without significantly increasing delays on the side streets. The project began in March 2020 and will be complete in December 2023, followed by two years of Operations and Maintenance (O&M). Culver Dr/Bonita Canyon Dr/Ford Rd RTSSP Project (RFP No. A3-19-1481) – City of Irvine, CA Ms. Hu serves as Signal Synchronization Support on this on this signal synchronization project for the cities of Irvine, Newport Beach and Caltrans. The project will retime 39 signalized intersections and equipment upgrades such as new CCTV, controllers, and fiber. Iteris will also convert and integrate signals to each City’s central system and add them to Iteris’ Signal Performance Measure (SPM) tool. The project began in 2019 and is ongoing. Rancho Cucamonga Coordination Timing – City of Rancho Cucamonga, CA Ms. Hu served as a Project Engineer on this coordination timing project for the City of Rancho Cucamonga. The City of Rancho Cucamonga selected Iteris to provide optimized signal timing plans along three major corridors: Haven Avenue, Base Line Road, and Foothill to help improve traffic congestion throughout the City. Iteris developed and implemented timing plans along these project corridors to help reduce travel time, delay, and greenhouse gas emission. Her responsibilities included Signal Timing Implementation, Before/After study driving, Fine-tuning. The project began in December 2018 and completed in June 2019. EDUCATION BS, Civil Engineering, University of California, Irvine, 2017 YEARS OF EXPERIENCE With Iteris: 3 Total: 3 CORE DISCIPLINES Traffic Engineering & Operations Transportation Planning ITS Planning, Design, and Integration Transit Operations and Maintenance (O&M) Advanced Traveler Information Systems (ATIS) / 511 AFFILIATIONS American Society of Civil Engineers (ASCE) Did you know? 4.14.a Packet Pg. 395 CASEY HU Task Support Innovating Through Informatics™ Iteris, Inc. Design and Implement of Traffic Signal Synchronization Timing, Phase III – City of Pasadena, CA Ms. Hu served as a Project Engineer on this Traffic Signal Synch Timing project for the City of Pasadena. The City of Pasadena has been implementing Citywide ITS improvements in three phases for which this project represents the final phase of upgrades. The project includes signal synchronization along 8 corridors and 36 intersections, controller upgrades and timing sheet conversions at 11 locations from Type 170 to Type 2070 controller standard. Iteris provided travel time before and after studies, data collection, signal timing strategy analysis, signal system network configuration and coding, traffic signal timing optimization, and implementation and fine-tuning. Ms. Hu assists with field work, data collection and creating/optimizing synchro network for the project locations. The project began in November 2018 and completed in November 2019. Irvine Citywide Signal Synchronization Master Plan - City of Irvine, CA Ms. Hu served as a Project Engineer on this Signal Synchronization project for City of Irvine. Iteris was selected to generate a Citywide Signal Synchronization Master Plan that can be used as a guideline on all current and future timing projects to ensure crossing corridors are coordinated. Iteris coordinated with City staff to identify the critical intersections throughout the City that would dictate the cycle lengths in each area. Ms. Hu provided field work and data collection for this project. The project began in November 2018 and completed June 2019. Multi-Corridor Traffic Signal Coordination Project – City of Ontario, CA Ms. Hu served as a Project Engineer on this Traffic Signal Coordination project for City of Ontario. This project provides optimized signal timing for Mountain Avenue, Grove Avenue, and Holt Boulevard in the City of Ontario. Iteris will develop and implement optimized traffic signal synchronization timing plans (weekday AM, midday, and PM) that help reduce stops, delays, travel times, emissions, Green House Gases, and traffic congestion along each of these corridors. Ms. Hu provides assistance to field work and basic timing synchronization. The project began in February 2019 and completed in November 2019. Brookhurst Street Traffic Signal Synchronization (TSS) Corridor, Orange County Transportation Authority (OCTA) – Orange County, CA Ms. Hu served as a Project Engineer on this On-Call Traffic Engineering Services project for OCTA. The project will provide operations and infrastructure improvements at 59 intersections along a 16.5-mile segment of Brookhurst Street/Road. Ms. Hu assists with signal timing optimization and before/after comparison studies. The project began in July 2018 and Operations and Maintenance (O&M) is scheduled to be completed June 2021. Von Karman Avenue/Tustin Ranch Road Traffic Signal Synchronization Project (RTSSP) – City of Irvine, CA Ms. Hu serves as a Project Engineer providing support for the Synchro base network setup and CAD work on this TSS project for the City of Irvine. The project consists of the implementation phase and the maintenance and operation phase which consists of signal synchronization, signal infrastructure improvements, and a before and after study report. The maintenance and operation phase consists of monitoring, improving signal timing, addressing resident concerns, providing communications and detection support, and preparing a final project report. The project began in April 2017 and completed in June 2019. Operations and Maintenance (O&M) began in July 2019 and will be completed in June 2021. Harbor Boulevard Traffic Signal Synchronization (TSS) Project – City of Santa Ana, CA Ms. Hu served as a Project Engineer responsible for the before/after study flash video production and travel time O&M runs. She worked under the Project Manager who coordinated with her team to provide necessary ITS improvements (e.g. controller, Ethernet switches, communication, Bluetooth travel time devices, detection, etc.) along the 10-mile stretch of Harbor Boulevard in the cities of Garden Grove, Santa Ana, Fountain Valley, and Costa Mesa. These improvements will fed into the ultimate goal of the project, which was regional synchronization including the signals in the City of Anaheim just north of the project limits. The project began in June 2015 and completion in December 2016. A 2-year O&M period commenced June 2020. Ms. Hu’s involvement on the project began in May 2018. 4.14.a Packet Pg. 396 PAUL G. CLABOUGH Task Support Innovating Through Informatics™ Iteris, Inc. Mr. Clabough serves as a Systems Engineer for Iteris’ Transportation Systems division and has been with the firm since June 2019. He has 21 years of experience in the fields of systems engineering and communications. Mr. Clabough’s telecommunications experience ranges from fiber optic splicing, network installations and maintenance, and network design. Project Experience Crosstown Electrical and Data, Inc. – Irwindale, CA Mr. Clabough served as a Systems Integrator, installing, and configuring Closed-Circuit Television (CCTV) cameras, wireless repeaters, switches, routers, hubs, and cellular modems. He worked with various municipalities and Department of Transportation (DOT) districts to integrate network equipment to fit their operating systems. Mr. Clabough also performed maintenance and remotely monitored CCTV, Changeable Message Signs (CMS), RMS and TMS systems for the Orange County Transportation Authority’s (OCTA) I-405 Design-Build Improvement Project. [2018 – 2019] Crosstown Electrical and Data, Inc. – Irwindale, CA Mr. Clabough served as a Tosnet Technician, supporting, and maintaining communications for all Closed-Circuit Television (CCTV) cameras, Changeable Message Signs (CMS) and ramp meters for the County of Orange Department of Transportation (DOT). He supported civil engineering staff to troubleshoot network issues. Support services Mr. Clabough provided included Advanced Traffic Management System (ATMS) switches, T-1 multiplexers and video encoders/decoders supplying MPEG4 video. He also configured and provided troubleshooting of IP edge switches, routers, n2s cards, terminal servers, and related equipment. Mr. Clabough built various test cables for CCTV and CMS troubleshooting as well as maintained and repaired Fiber Optic networks via Optical Time-Domain Reflectometers (OTDR) and fusion splicers. He was also responsible for maintaining current documentation for all communications in Caltrans District 12. [2008 – 2018] Checkpoint Data, Inc. – Irvine, CA Mr. Clabough served as a Lead Fiber Optic Technician, supervising installation and testing of network cabling and equipment. Cabling included fiber optics, cat 6, coaxial and copper backbone. Equipment included IP switches and routers, optical repeaters, copper, and fiber patch panels. Mr. Clabough terminated and tested all fiber, cat 6 and coaxial cables, and installed main distribution and independent distribution cabinets. He also operated various testing tools (e.g. OTDR and Fluke DTX copper verification units). [2007 – 2008] VectorUSA – Torrance, CA Mr. Clabough served as a Fiber Optic Technician, terminating Fiber Optic backbone and horizontal cabling. He installed patch cords for routers and media converters, as well as wireless transponders and modems. Mr. Clabough verified splices and other terminations via OTDR and Fluke testers. He also provided network troubleshooting and end user support. [2006 – 2007] Clabough Communications – Buckeye, AZ Mr. Clabough served as a Telecommunications Technician, providing Moves, Adds and Changes (MAC) on option 81c Nortel Meridian switching system and maintained Private Branch Exchange (PBX) phone systems. Mr. Clabough is familiar with MAT program, as well as with option 11 through 81c. He also provided troubleshooting and maintenance of cabling fiber and equipment. [2003 – 2006] YEARS OF EXPERIENCE With Iteris: 2 Total: 21 CORE DISCIPLINES Systems Engineering and Communications 4.14.a Packet Pg. 397 About Us Iteris is the global leader in smart mobility infrastructure management – the foundation for a new era of mobility. We apply cloud computing, artificial intelligence, advanced sensors, advisory services and managed services to achieve safe, efficient and sustainable mobility. Our end-to-end solutions monitor, visualize and optimize mobility infrastructure around the world to help ensure that roads are safe, travel is efficient, and communities thrive. Innovating through InformaticsTM www.iteris.com 4.14.a Packet Pg. 398 1 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 15, 2021 by and between the City of Diamond Bar, a municipal corporation ("City") and Fehr and Peers, a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Traffic and Transportation Engineering services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. David G. Liu, Public Works Director/City Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2021, and shall continue until June 30, 2024 unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Consultant’s rates shall be fixed during the initial Term of this Agreement. Rate increases in compensation will be only considered in the event the City exercises its option to extend the Agreement and apply as of July 1, 2024. . Any rate increase will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles- Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. 4.14.b Packet Pg. 399 2 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Forty Thousand Dollars ($40,000) per Fiscal Year without the prior written consent of the City. The above not-to-exceed amount shall include all costs, including but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. Payment will be made only after submission of proper invoices. D. City will pay Consultant the amount property invoiced within 35 days of receipt. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is 4.14.b Packet Pg. 400 4.14.b Packet Pg. 401 4.14.b Packet Pg. 402 4.14.b Packet Pg. 403 4.14.b Packet Pg. 404 4.14.b Packet Pg. 405 4.14.b Packet Pg. 406 4.14.b Packet Pg. 407 10 *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 4.14.b Packet Pg. 408 CITY OF DIAMOND BAR PROFESSIONAL ON-CALL TRAFFIC & TRANSPORTATION ENGINEERING SERVICES APRIL 20, 2021 PREPARED BY: Fehr & Peers 4.14.b Packet Pg. 409 ii FEHR & PEERS FEHR & PEERS 101 Pacifica, Suite 300 Irvine, CA 92618 April 20, 2021 City of Diamond Bar Department of Public Works Attn: Christian Malpica, Associate Engineer 21810 Copley Drive Diamond Bar, CA 91765 Subject: PROPOSAL FOR PROFESSIONAL ON-CALL TRAFFIC & TRANSPORTATION ENGINEERING SERVICES Dear Mr. Malpica: The City deserves an experienced, sophisticated team to support your transportation engineering needs. For over three decades, Fehr & Peers has provided transportation engineering services across California. Our firm’s sole focus on transportation uniquely suits us to support the City in a wide breath of transportation related projects. Over the past 15 years, we have assisted the City of Diamond Bar on a variety of transportation projects, including: the SR-57/60 Confluence Project, City’s Report Cards, General Plan Update, and Adaptive Traffic Control System Implementation. This experience has given our staff the opportunity to serve as your trusted advisor and work closely with your dedicated team of professionals that strive for creative and innovative solutions to improve the transportation system for Diamond Bar. Transportation systems are continually evolving with new technologies, regulatory changes, and funding opportunities. This changing environment brings both opportunities and challenges for all public agencies including the City of Diamond Bar to plan and prepare for various futures. Fehr & Peers has extensive experience in emerging technologies and trends such as big data and autonomous vehicles, and we are the recognized leader in Senate Bill 743 (VMT) analysis and implementation. Our expertise and internally funded research and developments programs in technology and best practices will help the City of Diamond Bar stay ahead of the curve. We offer over 60 professional staff in Southern California and over 300 staff throughout the company, which gives us the ability to quickly and easily identify and employ the proper expertise for any transportation-related needs as they arise. Our team has extensive experience working with Caltrans. We have delivered numerous planning/design projects and developed guidelines in best practices for Caltrans. Our multidisaplinary expertise and CITY OF DIAMOND BAR 21810 Copley Drive Diamond Bar, CA 91765 A. Cover Letter 4.14.b Packet Pg. 410 iii innovative problem solving skills have enabled us to bring success to significant regional projects for SCAG, LA Metro, OCTA, and other agencies. We take pride in pioneering creative solutions and serving as the trusted advisor such as the City of Diamond Bar. You have my personal commitment, as the Principal- in-Charge of this project, to deliver quality and prompt services for Diamond Bar. Our Project Manager, Anna Luo, will serve as City’s primary contact. Anna has extensive experience working with the City since 2006. She has led the Fehr & Peers team on the SR-57/60 Confluence Project, Report Cards, and other projects. Anna will be supported by experienced technical leads in the fields of freeway corridor studies, traffic impact studies/CEQA, traffic engineering design, signal design/ITS/ATCS, and big data applications. Our key personnel hold an average of 17 years of experience in transportation engineering, who will be supported by a team of transportation engineers from Fehr & Peers. Thank you for the opportunity to submit this proposal. We look forward to our continued collaboration and shared success with the City of Diamond Bar. If you have any questions regarding our submittal, please do not hesitate to contact me or Anna Luo at (949) 308-6300. Sincerely, Fehr & Peers Steven J. Brown, P.E. Senior Vice President 101 Pacifica, Suite 300 Irvine, CA 92618 4.14.b Packet Pg. 411 iv FEHR & PEERS TABLE OF TABLE OF ContentsContents A. COMPANY PROFILE 01 B. KEY STAFF 03 C. APPROACH & METHODOLOGY 07 D. QUALIFICATIONS & REFERENCES 10 E. TERMS AND CONDITIONS 15 F. APPENDIX - RESUMES 16 4.14.b Packet Pg. 412 1 A. Company Profile FEHR & PEERS Fehr & Peers has specialized in providing transportation planning and engineering services to public and private sector clients since 1985. We develop creative, cost-effective, and results-oriented solutions to planning and design problems associated with all modes of transportation. We offer our clients the right combination of leading-edge technical skills and extensive knowledge of the communities in which we work to deliver comprehensive solutions and superior client service. We are nationally-recognized experts who routinely publish original research, serve on national committees, and teach courses to others in the industry. We do this while maintaining our commitment to translating those techniques into practical solutions. At Fehr & Peers, we take a creative, data-driven approach to each of our practice areas: • Travel behavior & forecasting • Multimodal operations & simulation • Transit planning • Bicycle & pedestrian planning • Sustainable transportation • Freight systems & airports • Integrated land use & transportation plans • Conceptual street & trail design • Transportation engineering & ITS design Clients hire Fehr & Peers because of our commitment to being the best at what we do. We live out this commitment in three distinct ways. First, we invest heavily in our culture to ensure that we are attracting and retaining the best and brightest staff in the industry. Second, we have a robust, internally-funded research and development program that enables us to develop new analytical methods and advance the state of the practice. And third, we survey every client at the completion of every project to assess their 300 EMPLOYEES 19 OFFICES Fehr & Peers has offices across California, Nevada, Washington, Colorado, Utah, Florida, and Washington, DC. The Southern California offices are located in Irvine, Riverside, Los Angeles, Long Beach, and San Diego. 1985 YEAR FOUNDED 4.14.b Packet Pg. 413 2 FEHR & PEERS satisfaction and to identify areas for improvement. We are very proud of the impact this commitment has had on the communities we have been fortunate to serve. Our proposed team includes experienced transportation professionals with expertise specific to Diamond Bar’s On-call needs. You can expect our project team to be responsive, dependable, approachable, and solutions-oriented. Fehr & Peers’ customer service philosophy is simple: help our clients meet their goals, treat them with respect, and value each opportunity to work for them. As part of our commitment to providing our clients with outstanding service, we regularly perform surveys to access client satisfaction and to identify areas of improvement. We send a client survey after every completed project. During the past 10 years, we have received more than 23,000 completed surveys. Experience with City of Diamond Bar Fehr & Peers assisted the City of Diamond Bar by providing peer review for the SR-57/60 Confluence Project back in 2006, and since continued to work closely with City staff for the past 15 years. We developed a citywide traffic simulation model that covers all freeway facilities and major arterials within the City Limit and conducted a comprehensive assessment of the potential improvement alternatives for the SR-57/60 Confluence as well as city streets. We collaborated with City staff to identify additional improvement strategies/recommendations such as project phasing/prioritization, local streets improvements, and missing connector to resolve regional traffic impact on City streets, which was then included in the SR-57/60 Confluence Project and the SCAG’s Supplemental Study. Fehr & Peers also assisted Diamond Bar in developing the bi-annual City Mobility Report Card to review the effectiveness of traffic signal operational improvements using big data innovation strategy and monitoring corridor congestion in response to traffic pattern changes due to construction activities in the City. In addition, we worked closely with City staff in developing and implementating the Adaptive Traffic Control System (ATCS) and preparing the Circulation Element for the City’s General Plan Update. 4.14.b Packet Pg. 414 3 B. Key Staff Steve Brown, PE PRINCIPAL IN CHARGE Mae Tamayo Diwu Zhou, PE Delia Votsch, PEKendra Rowley, PE Ethan Sun, PhD Anna Luo, TE PROJECT MANAGER Claude Strayer, PE DESIGN LEAD Matt Benjamin, RSP ATP LEAD Mike Wallace BIG DATA LEAD Jinghua Xu, PhD, PE MODELING LEAD Paul Herrmann, TE SB 743 LEAD Mike Johnstone 4.14.b Packet Pg. 415 4 FEHR & PEERS Steve is a Senior Principal with 30 years of experience in transportation planning and engineering. In addition to his 25 years of consulting experience, Steve was the Director of Transportation Planning for the City of Sacramento. He has managed projects in eight states that include the following disciplines: transportation master plans, traffic calming, parking and circulation studies, bicycle and pedestrian facility plans, and corridor studies. Steve earned a Master’s Degree in Transportation from the University of California, Berkeley, and a Master’s in Business Administration from Golden Gate University in San Francisco. Steve has worked closely with the City of Diamond Bar since 2006, serving as the trusted advisor for City staff. STEvEN J. BROWN 35% AVAILABILITY Ms. Luo has 16 years of experience in traffic impact studies, transportation operational analyses using micro-simulation software, transportation performance monitoring, and big data applications. She has managed various highway planning projects in Southern California and delivered the transportation performance monitoring projects for regional and local agencies. Ms. Luo helps ensure that projects provide innovative solutions that benefit communities, and she is skilled at producing results while staying within budget. Anna has worked with the City of Diamond Bar for over 15 years and has led the Fehr & Peers team on the SR-57/60 Confluence Project and Report Cards development. ANNA LUO 40% AVAILABILITY SENIOR ASSOCIATE PRINCIPAL Mr. Strayer has 9 years of Design engineering. experience in a range of transportation engineering at Fehr & Peers. with the design of bicycle facilities, signing and striping plans, safe routes to school improvements, pedestrian facilities, traffic signal upgrades, wayfinding and the public involvement process. He has led teams of designers on a variety of other transportation engineering projects such as temporary traffic control, roadway and sidewalk design, and lighting. He also has experience performing traffic analysis as well as studies with respect to parking, circulation and school zone safety. Claude has led the Fehr & Peers team on development of the ATCS project for the City of Diamond Bar. CLAUDE STRAYER 40% AVAILABILITY ASSOCIATE 4.14.b Packet Pg. 416 5 Over the past 19 years, Matt has approached transportation planning from a variety of perspectives, through his work in the public, non-profit and private sectors. Over a decade ago, in developing Metro’s first Bicycle Parking Plan, Matt spearheaded an effort at the agency to integrate the Universal Fare Card (now the TAP card) with the existing bike locker program and future bike-transit centers or “mobility hubs.” Matt later served as the first Planning and Policy Director of the LA County Bicycle Coalition and played a key role in growing and professionalizing the region’s most visible active transportation advocacy organization. Since 2007, he has led some of the most complex and controversial active transportation planning and design projects in Southern California. Matt currently leads the Active Transportation practice for Fehr & Peers in Southern California. Matt has the expertise to lead policy, planning and design projects. MATT BENJAMiN 40% AVAILABILITY PRINCIPAL Mike Wallace has over 19 years of experience in the transportation consulting industry. Mike has been responsible for big data application, detailed travel behavior analysis, travel forecasting, and traffic operations analysis of local and regional transportation facilities. As a national expert in innovative data applications, Mike has combined innovative data collection and analysis techniques on multiple projects, and he continues to evaluate opportunities to turn research into practical application. Mike Wallace has led a variety of innovative data efforts for Metro, SANDAG, SBCAG, and other regional agencies throughout California. Mike has worked closely with Anna and the Fehr & Peers team to prepare the Report Cards for the City of Diamond Bar. MiKE WALLACE 30% AVAILABILITY PRINCIPAL Jinghua Xu has more than 16 years of experience in travel demand model development and application, network modeling and simulation, and transportation planning. Jinghua has extensive experience in modeling with both highway and transit focuses. She has in-depth understanding in model estimation, calibration and validation, and has developed, enhanced and applied a wide range of complicated regional travel demand models for large MPOs, such as SCAG and SANDAG, as well as for counties, such as OCTA and SBCTA. Jinghua has provided peer review and traffic forecasting for the SR-57/60 Confluence Project. JiNGHUA XU 40% AVAILABILITY SENIOR ASSOCIATE 4.14.b Packet Pg. 417 6 FEHR & PEERS Mr. Herrmann has 9 years of experience in transportation engineering and transportation planning at Fehr & Peers. Prior to Fehr & Peers, Paul worked at the City of Corona in the Traffic Engineering Department. He has led a wide variety of projects including traffic studies, infrastructure projects, travel demand forecasting, parking and circulation studies, and long-range development plans. Mr. Herrmann serves clients throughout Southern California with projects throughout the SCAG region. Mr. Herrmann is also an active member in the Fehr & Peers SB 743 Working Group and Safety Group which hold weekly discussions on evolving industry best practices. Paul has led the Circulation Element task for the City's General Plan Update. PAUL HERRMANN 50% AVAILABILITY ASSOCIATE The key team members listed above have been selected for their qualifications as well as their availability for the schedule requirements of this project. We are committed to responsive and timely client service from all proposed staff, who have the availability and capacity to deliver the tasks for the On-Call. Agency Experience for Key Staff Diamond Bar Caltrans SCAG LA Metro Steve Brown Anna Luo Claude Strayer Matt Benjamin Mike Wallace Jinghua Xu Paul Herrmann 4.14.b Packet Pg. 418 7 City Council/ Commission Presentation We offer our clients the right combination of leading-edge traffic engineering skills and extensive knowledge of the communities in which we work to deliver comprehensive solutions and superior client service. Fehr & Peers provides support to project applicants and cities at City Council, Transportation Planning Commission, public hearings, and other public meetings. We will work with City of Diamond Bar staff to prepare staff reports and presentation materials that can effectively translate complex data/analyses and design challenges to the decision makers and the public using easy-to-understand visual communication methods and presentations. Our deep local knowledge from the past 15 years of close collaboration with the City provides us with a understanding of the City’s needs which helps to deliver creative yet practical solutions for City Council, Traffic and Transportation Commission, and other stakeholders. Geometric and Signal Design Our engineering design group is committed to designing systems that are biddable and buildable. Our operations and planning experts are committed to developing effective traffic control schemes. Our unique approach to design integrates design and construction management expertise with extensive knowledge of planning and operations to provide Diamond Bar with the ideal combination of creative yet practical solutions that address the needs of all travel modes. This comprehensive approach to transportation engineering is a benefit to clients who want to make cost-effective decisions and develop biddable projects with minimal questions during construction. Our transportation engineering services specialize in traffic signal design, street lighting, temporary traffic control and signing and striping and range from Conceptual Engineering to Plans, Specifications, and Estimates (PS&E) to Construction Support. Designs prepared for Diamond Bar would comply with relevant City, County, and/or State guidance such as the California Manual on Uniform Traffic Control Devices. We are also aware that traffic control systems should be unique to the context in which they are placed. In addition to traffic signals, Fehr & Peers has designed Pedestrian Hybrid Beacons, Rectangular Rapid Flashing Beacons, Pedestrian Signals and Protected Bikeway signals, to address traffic control needs for all users. Our focus is to provide concepts, plans, reports and deliverables that exceed the City's expectations, and minimize risk of issues during construction. To accomplish this, we developed and continually refine and utlize a QA/QC program that ensures that all of our deliverables are reviewed by an independent internal, licensed reviewer - each deliverable is reviewed against a series of QA/QC checklists that are completed, signed and saved. If needed, they can be made available to Diamond Bar. C. Approach & Methodology 4.14.b Packet Pg. 419 8 FEHR & PEERS Traffic Impact Studies Under CEQA For over three decades, we have prepared numerous general plans and transportation planning studies across California, including studies in support of the project approval/environmental documents for Caltrans projects. In addtion, we provide peer reviews for traffic studies for Caltrans projects on behalf of other local agencies and have provided peer reviews for Diamond Bar since 2006 including the SR-57/60 Confluence Project. Our Focus will be to provide sound transportation system planning; a good understanding of the City’s traffic circulation needs; building consensus between various stakeholders; and ensuring that the technical documents meet CEQA and NEPA requirements and can easily be understood by decision makers and the general public. We will also help the City to review funding opportunities and prepare grant applications as needed. The newly adopted Senate Bill 743 (SB 743) brings an evolutionary change to transportation impact analysis, shifting the focus from measuring a project’s impact to drivers to measuring the impact of driving (VMT) to achieve their goals of reducing greenhouse gas (GHG) emissions, encouraging infill development, and improving public health through active transportation. Fehr & Peers has been at the forefront of developing VMT metrics and thresholds for jurisdictions throughout the State of California. We assisted the Governor’s Office of Planning and Research (OPR) during their development of the State guidance in response to SB 743 and have assisted or are currently assisting a multitude of cities, counties and MPOs, both large and small. We will assist Diamond Bar in reviewing transportation studies for development and transportation projects meeting the California Environmental Quality Act (CEQA) and SB 743 requirements. Plan checking and/or document review We recognize as the City’s on-call traffic engineering and transportation planning firm, we will serve as an extension of staff to provide immediate input on design documents and can accommodate ten (10) working day review cycle on design reviews that are within our areas of expertise. Congestion Management Program Fehr & Peers is an expert in CMP compliance and has assisted multiple regional and local agencies in preparation of CMP. We understand the City’s need to update LOS at the CMP locations on a regular basis to meet compliance requirements. We have worked with the City to conduct the Citywide traffic data collection and prepared the CMP compliance letter during our last on-call contract and will continue assisting the City in this role. As part of this process, we will also provide recommendations to address any deficiency or incompliance at the CMP location if needed. Transportation System Planning (SR-57/60) Fehr & Peers has been a recognized leader in preparing innovative transportation planning with an emphasis on integrating land use decisions with transportation investments. As a City surrounded by two major regional freeways, close coordination with Caltrans, Metro, and other cities for transportation system planning is important. Since 2006, we have assisted Diamond Bar on a variety of tasks related to the SR-57/60 Confluence Project, including peer review of traffic studies/environmental documents/ design plans, prepared studies and plans for 4.14.b Packet Pg. 420 9 improvement strategies, coordination with Metro/ Caltrans/other stakeholders, and etc. We will continue working closely with City staff in a similar role for the SR-57/60 Confluence Project. We have extensive experience working with Caltrans from delivering planning/design projects to providing best practice training to Caltrans staff. Our expertise in highway planning and design and long-term relationship with Caltrans will help facilitate the dialogue with Caltrans and expediate the project approval process. Capital Improvement Program Support Fehr & Peers is committed to developing effective and innovative transportation solutions that improve communities. An important part of this philosophy is collaborating with our clients to create customized solutions. Fehr & Peers can assist the City with implementing their Capital Improvement projects by providing a project peer review, conducting supplemental traffic analysis to support and inform the project decision making process, and/or updating City’s Report Cards to evaluate the effectiveness of the CIP projects. We endeavor to minimize the impact of new and re-development projects on the environment and traffic safety through smart transportation and urban design in the active transportation context. ATCS Support In 2019-2020, Fehr & Peers (in coordination with Siemens and the City) prepared plans and specifications for the Diamond Bar Adaptive Traffic Control System (ATCS) and conducted a before study for the ATCS corridors. One potential task is to conduct the after study when traffic patterns get back to the “typical” conditions, which will be used to evaluate the performance of ATCS and identify potential operational improvements to the system. Signal Timing and Coordination Fehr & Peers has prepared signal timing plans for coordinated traffic signal corridors for cities across California. We utilize our extensive knowledge in microsimulation software such as SimTraffic to optimize signal timing and coordination parameters from a wholistic perspective of traffic flow on the corridor, which also provides the City of Diamond Bar an approach to quantify the benefits of different traffic control and signal timing options as well as to identify the hot spots for potential operational improvements. In addition, coordination with Caltrans and neighboring cities is important to achieve signal coordination goals for corridors across multiple jurisdictions. Other services Other areas of Fehr & Peers’ transportation engineering expertise includes: • Intelligent Transportation Systems • Ramp Metering • Signing and Wayfinding • Street, Walkway and Bikeway Lighting Systems • Pavement Delineation • Traffic Control/Management Plans • Conceptual Engineering Feasibility Assessments for All Travel Modes • Complete Streets and Streetscape Projects • Traffic Calming • Big Data Application and Analysis • Travel Demand Forecasting • Transit Operations • Emergency and Railroad Pre-Emption • Design-Build Projects730730720730 7 3 0 72 0 MISC.LA - 60CONCCONCASPHFPPOSTMISC.POSTMISC.CON C720 LAYOUT PLAN 714.438.1095 fax: 714.438.1097 DIAMOND BAR BLVD. / SR-60 EB ON-RAMP DESIGN EXCEPTION FEATURE NO.DESCRIPTIONHDM INDEX SIDEWALK WIDTH (Curb Adjacent)U: 105.2 EXIST PROP.STD. FEATURE DATA 5.0'6.0'5.0' INTERSECTION SPACINGB: 504.3(3)196'196'400' ACCESS CONTROL DISTANCE TO RAMPU: 504.8 56'56'100' INTERSECTION SKEW ANGLEU: 403.3 68 deg.68 deg.75 deg. RIGHT-TURN LANE / SHLDR WIDTHB: 4O5.3(2)(a)12' / 4'11' / 2'11' / 4' 4.14.b Packet Pg. 421 10 FEHR & PEERS Fehr & Peers serves the City of Beverly Hills with an on-call contract for traffic engineering services. Our effort includes an array of transportation planning and design tasks including signing and striping design plans, traffic signal modifications, traffic calming, pedestrian crossing improvements, temporary traffic control, multi-modal circulation, and other implementation projects. Two recent traffic signal design projects that Fehr & Peers has completed on this contract are: Olympic Boulevard/Beverly Drive/ Beverwil Drive, and Clifton Avenue at Crescent Way. The Olympic Boulevard signal modification included a complicated double-intersection with many phasing, overlap, and equipment challenges. We prepared the design and supported the City through construction to ensure a successful turn on and implementation. Clifton Avenue at Crescent Way is a brand-new traffic signal and is associated with the Metro construction project and the closure of Canon Drive at Wilshire. D. Qualifications & References Aaron Kunz Deputy Director of Transportation City of Beverly Hills akunz@beverlyhills.org (310) 285-2563 CiTY OF BEvERLY HiLLS ON-CALL (BEvERLY HiLLS, CA) Additional recent task orders have involved the conversion of Dayton Way from a one-way street to a two-way street to facilitate access to a City owned parking structure between Crescent Drive and Canon Drive. Fehr & Peers prepared a concept design and assessed impacts to the on-street parking, signing and striping, and adjacent signals. Upon this review, our staff presented to the Traffic & Parking Commission, and ultimately the City Council to support the decision making process. We are currently completing the design plans, and will be providing design support during construction as well. 4.14.b Packet Pg. 422 11 Fehr & Peers currently serves as on-call traffic engineering consultants to the City of Irvine. Fehr & Peers has assisted the City with a variety of on-call tasks. These tasks include: • Calculation and review of trip generation rates within specific areas of the City • Creation of a microsimulation model to quantify the benefits of different traffic control options along a major corridor • Development of a Mobility Report Card that provides a snapshot of transportation conditions CiTY OF iRviNE ON-CALL (iRviNE, CA) Jamiee Bourgeois, PE City Traffic Engineer City of Irvine JBourgeois@cityofirvine.org (949)724-6369 in the City, including the context of traffic relative to regional or State performance metrics • Review of parking demands and an estimation of future parking changes in the Orange County Great Park 4.14.b Packet Pg. 423 12 FEHR & PEERS Fehr & Peers has served the City of Anaheim Community and Economic Development Department as the on-call traffic and transportation consultant since 2018. We have assisted by reviewing and providing recommendations regarding parking management strategies, micro-transit implementation, and traffic engineering principles. We worked directly with the department in the preparation of traffic study for the Lesisuretown restaurant/commercial project in the Center City district. The traffic study reviewed and identified the transportation impacts associated with CiTY OF ANAHEiM ON-CALL (ANAHEiM, CA) Kevin Clausen, AICP Project Manager City of Anaheim Community & Economic Development kclausen@anaheim.net (714) 765-4306 utilizing off-site parking for a popular commercial development. We have also supported the department in the development of traffic control plans for the installation of parklets in the Center City Core of Anaheim. 4.14.b Packet Pg. 424 13 Fehr & Peers prepared the traffic study in support of the PA/ED process. We conducted the screening analysis of various improvements options along the SR-91 study corridor and provided recommendations to the design team to refine project alternatives. We worked with Caltrans to develop the opening year and design year traffic demand forecasts for the proposed project alternatives and prepared the traffic volume report to summarize the methodologies and forecasting results. In addition, we developed a micro-simulation VISSIM model for the SR-91 study area, calibrated and validated the model to reflect the existing conditions. The validated VISSIM models were then used to evaluate the traffic operational performance for the proposed project focusing on system-wide measures of effectiveness (MOE) such as travel time savings and vehicle throughput served by the corridor. In addition, we prepared the freeway METRO SR 91 (CENTRAL TO ACACiA) PA/ED (SOUTHERN CALiFORNiA) Julio Perucho Principal Transportation Planner LA Metro PeruchoJ@metro.net (213) 922-4387 level of service analysis applying the corridor-based methodologies based on the Highway Capacity Manual (HCM) Chapter 10. During the Caltrans review process, we worked closely with Caltrans review staff through traffic focus meetings to facilitate the review and obtained the approval on schedule on the traffic deliverables including Traffic Operational Analysis Report (TOAR), Intersection Control Evaluation (ICE), and other technical memorandums. 4.14.b Packet Pg. 425 While assisting the city in implementing a brand new policy with many complex and unforeseen components, Fehr & Peers was an invaluable resource in providing technical expertise and insight, listening to city values and concerns, and proposing solutions in a collaborative way. - The City of Carlsbad 14 FEHR & PEERS 4.14.b Packet Pg. 426 15 E. Terms and Conditions Fehr & Peers is willing to accept the terms and conditions outlined in the consulting services agreement. 4.14.b Packet Pg. 427 16 FEHR & PEERS F. Appendix - Resumes 4.14.b Packet Pg. 428 Steven J. Brown, PE Senior Principal 101 Pacifica Suite 300 Irvine, CA 92618 Orange County | Walnut Creek | Denver | Honolulu | Inland Empire | Los Angeles | Oakland | Roseville Sacramento | Salt Lake City | San Diego | San Francisco | San José | Seattle | Portland | Washington, DC About Mr. Brown is a Senior Principal with 35 years of experience in transportation planning and engineering. In addition to his 30 years of consulting experience, Mr. Brown was the Director of Transportation Planning for the City of Sacramento. He has managed projects in eight states that include the following disciplines: transportation master plans, traffic calming, environmental impact assessments, parking and circulation studies, bicycle and pedestrian facility plans, new-urbanist planning, freeway interchanges, intersection/signal designs and corridor studies. Mr. Brown earned a Master’s Degree in Transportation from the University of California, Berkeley, and a Master’s in Business Administration from Golden Gate University in San Francisco. He is a licensed traffic engineer in California. Education Bachelor of Science in Civil Engineering with Honors, University of California, Berkeley, 1985 Master of Science in Transportation, University of California at Berkeley, 1987 Masters in Business Administration, Golden Gate University, 1998 Registrations Licensed Traffic Engineer, State of California (TR1510) Training and Education Experience UC Davis Extension Capstone Transportation Course, former instructor UC Davis Transit-oriented Development Course, former instructor UC Berkeley Extension course regarding Traffic Calming, former instructor Publications US Traffic Calming Manual, co-authored with Reid Ewing, APA & ASCE, 2009 Skinny Streets, co-authored with Reid Ewing, ULI July 2007 Traffic Calming Revisited, co-authored with Reid Ewing and Aaron Hoyt, ITE Journal November 2005 Traffic Calming Revisited, TRB Conference, 2004 Community Based Street Design Standards, co-authored with Gwen Owens, ITE District 6 Conference, 1998 Measurable Traffic Calming Results, co-authored with Martin Hanneman & Ken Grehm, ITE District 6 Annual Conference, 1999 Project Experience Steve Brown was either a key participant or principal-in-charge of all the following studies conducted by Fehr & Peers: City of Beverly Hills On-Call Traffic Engineering Services, Beverly Hills, CA Fehr & Peers serves the City of Beverly Hills with an on-call contract for traffic engineering services. We have assisted the City in a wide range of tasks, including an in-depth assessment of safety and operations at a complex intersection, which included presentations to the City Council and Traffic and Parking Commission; development of a Transportation Division Procedures Manual for internal use; review of site plans for the new bikeshare stations; assessment and implementation of a pilot project to convert traditional school crosswalks to continental; evaluation of existing and proposed crosswalks to identify 4.14.b Packet Pg. 429 Steven J. Brown, PE Senior Principal 101 Pacifica Suite 300 Irvine, CA 92618 Orange County | Walnut Creek | Denver | Honolulu | Inland Empire | Los Angeles | Oakland | Roseville Sacramento | Salt Lake City | San Diego | San Francisco | San José | Seattle | Portland | Washington, DC appropriate treatments/enhancements; and traffic-related concerns submitted by residents and business owners. We have also prepared plan check comments for temporary traffic control plans associated with minor encroachment permit work and very complex utility work associated with the Metro Westside Subway Project. We have commenced work on a signal modification and corridor synchronized timing plan update along Olympic Boulevard. In addition, we have served as the on-site Traffic Engineer for the City with the recent retirement of City staff. Diamond Bar Interchange Study Fehr & Peers was hired by the City of Diamond Bar to evaluate the potential improvements in the State Route 60 (SR-60) and State Route 57 (SR-57) confluence area. We have developed a city-wide VISSIM simulation model that covers all the freeway facilities and major arterials within the City Limit. We conducted a comprehensive assessment of the existing traffic operations conditions along SR-57/SR-60 and city streets and identified the bottlenecks along freeways and interactions between the freeway mainline and ramp junctions. The goal of this project was to evaluate traffic operational benefits of three planned major freeway improvements in Diamond Bar and prioritize these projects to cause less community and environmental impacts and minimize the throwaways due to various construction activities. Based on the results of the evaluation, we provided recommendations on refinement of the Grand Avenue Interchange PSR alternatives, refinement of SR-60/SR-57 Interchange improvement design concepts, as well as potential reconfigurations to the city streets. Diamond Bar Report Card Fehr & Peers assisted the City of Diamond Bar to update the 2015 Report Card to summarize changes in transportation performance metrics for roadway system between 2007 and 2015 in two year increments to match the CMP years and also minimize changes due to land use development, recession, and other external factors. The information used for the report card is obtained from big data applications for all the analysis years. The metrics for the Report Card will be reported at a citywide scale and include: Travel time Savings- Comparison of average congested travel time for each segment aggregated to a single citywide value; Travel Speed Improvements- Comparison of average congested speed for each segment aggregated to a single citywide value; Delay Savings - Comparison of the difference between congested travel time and free-flow travel time for each segment aggregated to a single citywide value; GHG Emission Savings - Comparison of the greenhouse gas for each segment aggregated to a single citywide value using the California Air Resources Board values for speed ranges based on LA County fleet, Fuel Consumption Savings: Comparison of the fuel consumption for each segment aggregated to a single citywide value using the California Air Resources Board values for speed ranges based on LA County fleet; and Benefits/Investment Analysis. METRO, SR 91 (Central to Acacia) PA/ED Fehr & Peers led the traffic team to prepare the traffic study in support of the PA/ED process. We conducted the screening analysis of various improvements options along the SR-91 study corridor and provided recommendations to the design team to refine project alternatives. We worked with Caltrans to develop the opening year and design year traffic demand forecasts for the proposed project alternatives and prepared the traffic volume report to summarize the methodologies and forecasting results. In addition, we developed a micro-simulation VISSIM model for the SR-91 study area, calibrated and validated the model to reflect the existing conditions. The validated VISSIM models were then used to evaluate the traffic operational performance for the proposed project focusing on system-wide measures of effectiveness (MOE) such as travel time savings and vehicle throughput served by the corridor. In addition, we prepared the freeway level of service analysis applying the corridor-based methodologies based on the Highway Capacity Manual (HCM) Chapter 10. During the Caltrans review process, we worked closely with Caltrans review staff through traffic focus meetings to facilitate the review and obtained the approval on schedule on the traffic deliverables including Traffic Operational Analysis Report (TOAR), Intersection Control Evaluation (ICE), and other technical memorandums. 4.14.b Packet Pg. 430 Tao “Anna” Luo, PE Senior Associate 101 Pacifica Suite 300 Irvine. CA 92618 (949) 308-6300 Orange County | Walnut Creek | Denver | Honolulu | Inland Empire | Oakland | Roseville Salt Lake City | San Diego | San Francisco | San José | Washington, DC | Seattle | Sacramento About Ms. Luo has 16 years of experience in transportation planning. Her expertise includes traffic impact studies, transportation operational analyses using micro-simulation software, transportation planning studies, and Intelligent Transportation Systems. Major projects she has worked on include I-5/SR-56 Connectors PR in San Diego, US-50/Watt Avenue Interchange PR/ED in Sacramento, and the Corridor Performance Report for OCTA. Ms. Luo helps ensure that projects provide innovative solutions that benefit communities, such as travel time reduction. As a project manager, Ms. Luo is skilled at producing results while staying within budget. Education Master of Science in Transportation Engineering, Michigan State University, Michigan, 2001 Bachelor of Transportation Engineering, Northern Jiaotong University, Beijing, 1995 Affiliations Women’s Transportation Seminar (WTS) Institute of Transportation Engineers (ITE) China Communications Systems Engineering Committee Professional Registration Licensed Traffic Engineer, State of California (TR2376) Project Experience Diamond Bar Interchange Study Fehr & Peers was hired by the City of Diamond Bar to evaluate the potential improvements in the State Route 60 (SR-60) and State Route 57 (SR-57) confluence area. We have developed a city-wide VISSIM simulation model that covers all the freeway facilities and major arterials within the City Limit. We conducted a comprehensive assessment of the existing traffic operations conditions along SR-57/SR-60 and city streets and identified the bottlenecks along freeways and interactions between the freeway mainline and ramp junctions. The goal of this project was to evaluate traffic operational benefits of three planned major freeway improvements in Diamond Bar and prioritize these projects to cause less community and environmental impacts and minimize the throwaways due to various construction activities. Based on the results of the evaluation, we provided recommendations on refinement of the Grand Avenue Interchange PSR alternatives, refinement of SR-60/SR-57 Interchange improvement design concepts, as well as potential reconfigurations to the city streets. METRO, SR 91 (Central to Acacia) PA/ED As the Traffic Manager, Anna led the traffic team to prepare the traffic study in support of the PA/ED process. We conducted the screening analysis of various improvements options along the SR-91 study corridor and provided recommendations to the design team to refine project alternatives. We worked with Caltrans to develop the opening year and design year traffic demand forecasts for the proposed project alternatives and prepared the traffic volume report to summarize the methodologies and forecasting results. In addition, we developed a micro-simulation VISSIM model for the SR-91 study area, calibrated and validated the model to reflect the existing 4.14.b Packet Pg. 431 Tao “Anna” Luo, PE Senior Associate 101 Pacifica Suite 300 Irvine, CA 92618 (949) 308-6300 Orange County | Walnut Creek | Denver | Honolulu | Inland Empire | Oakland | Roseville | Sacramento Salt Lake City | San Diego | San Francisco | San José | Seattle | Washington, DC conditions. The validated VISSIM models were then used to evaluate the traffic operational performance for the proposed project focusing on system-wide measures of effectiveness (MOE) such as travel time savings and vehicle throughput served by the corridor. In addition, we prepared the freeway level of service analysis applying the corridor-based methodologies based on the Highway Capacity Manual (HCM) Chapter 10. During the Caltrans review process, we worked closely with Caltrans review staff through traffic focus meetings to facilitate the review and obtained the approval on schedule on the traffic deliverables including Traffic Operational Analysis Report (TOAR), Intersection Control Evaluation (ICE), and other technical memorandums. Diamond Bar Report Card Fehr & Peers assisted the City of Diamond Bar to update the 2015 Report Card to summarize changes in transportation performance metrics for roadway system between 2007 and 2015 in two year increments to match the CMP years and also minimize changes due to land use development, recession, and other external factors. The information used for the report card is obtained from big data applications for all the analysis years. The metrics for the Report Card will be reported at a citywide scale and include: Travel time Savings- Comparison of average congested travel time for each segment aggregated to a single citywide value; Travel Speed Improvements- Comparison of average congested speed for each segment aggregated to a single citywide value; Delay Savings - Comparison of the difference between congested travel time and free-flow travel time for each segment aggregated to a single citywide value; GHG Emission Savings - Comparison of the greenhouse gas for each segment aggregated to a single citywide value using the California Air Resources Board values for speed ranges based on LA County fleet, Fuel Consumption Savings: Comparison of the fuel consumption for each segment aggregated to a single citywide value using the California Air Resources Board values for speed ranges based on LA County fleet; and Benefits/Investment Analysis. OCTA, State Route 55 Widening (I-5 to SR-91) PA/ED, Orange County, CA. Fehr & Peers has prepared a traffic impact report for the SR-55 Widening (I-5 to SR-99) PA/ED in the cities of Anaheim, Orange, Santa Ana, and Tustin in Orange County, CA. We conducted the screening analysis of improvements options along the SR-55 study corridors and provided recommendations to the design team to refine project alternatives. We worked with the OCTA Modeling Section to develop the opening year and design year traffic forecasts for the proposed project alternatives and prepared the traffic volume report to summarize the methodologies and forecasting results. In addition, we developed a micro-simulation VISSIM model for the SR-55 study area, calibrated and validated the model to reflect the existing conditions. The validated VISSIM models were then used to evaluate the opening year and design year traffic operations for the SR-55 freeway corridor under each project alternative. Our evaluation performance measures includes the freeway facilities service levels and volume served, as well as the system-wide measures of effectiveness (MOE) such as corridor travel times, average travel speeds, VMT, VHD, and average delay per mile traveled. Anna served as the Project Manager. Diamond Bar Adaptive Fehr & Peers assisted the City with the design of an adaptive traffic signal system in Diamond Bar. The main objective of this project is to handle peak-period and incident-related congestion and cut-through traffic that is highly directional and not easily mitigated through the City’s existing time-of-day traffic responsive plans. The adaptive system is expected to be capable of dynamically adjusting cycle length, splits and offsets. SR-57 Widening Project Fehr & Peers completed the traffic study for the SR-57 Widening PR/ED. Our main tasks included the development of micro-simulation models for the SR-57 study area, evaluation of existing and future traffic operations conditions before and after the project alternatives, and preparation of a traffic circulation impact report as part of the PR/ED. 4.14.b Packet Pg. 432 Claude Strayer, PE, STP Associate San Diego | Walnut Creek | Denver | Honolulu | Inland Empire | Oakland | Orange County | Sacramento Roseville | Salt Lake City | Los Angeles | San Francisco | San José | Seattle | Washington, DC | Portland About Mr. Strayer has a range of transportation experience with the design of signing and striping plans, safe routes to school improvements, pedestrian and bicycle facilities, traffic signals, wayfinding and the public involvement process. He has served as Engineer of Record and led teams of designers on a variety of other transportation engineering projects such as temporary traffic control, roadway and sidewalk design, and lighting. He also has experience performing traffic analysis as well as studies with respect to parking and traffic circulation. Education BS, Civil Engineering, Northeastern University, MA (2011) Minor, Mathematics, Northeastern University, MA (2011) Registrations Civil Engineer, CA #86774 Civil Engineer, AZ #68882 Civil Engineer, HI #17856 Professional Affiliations Institute of Transportation Engineers (ITE) Pedestrian Crossings Safety Working Group – Chair Institute of Transportation Engineers (ITE) Pedestrian & Bicycle Standing Committee – Vice Chair Project Experience City of Beverly Hills On-Call Traffic Engineering Fehr & Peers serves the City of Beverly Hills with an on-call contract for traffic engineering services. We have assisted the City in a wide range of tasks, including an in-depth assessment of safety and operations at a complex intersection, which included presentations to the City Council and Traffic and Parking Commission; development of a Transportation Division Procedures Manual for internal use; review of site plans for the new bikeshare stations; assessment and implementation of a pilot project to convert traditional school crosswalks to continental; evaluation of existing and proposed crosswalks to identify appropriate treatments/enhancements; and traffic-related concerns submitted by residents and business owners. We have also prepared plan check comments for temporary traffic control plans associated with encroachment permit work and very complex utility work associated with the Metro Westside Subway Project. Mr. Strayer has managed an array of design tasks including temporary traffic control (both design and review), traffic signal plans, street lighting, signing & striping plans, as well as traffic calming recommendations and design as the Engineer of Record for implementation. Garden Grove Bikeway /Mendez Trail, Westminster, CA Fehr & Peers is currently involved in the design of two bikeway corridors in the City of Westminster, CA. The design includes both on and off-street facilities. Fehr & Peers is responsible for the traffic analysis, traffic signal modifications and lighting associated with the new bikeway. Mr. Strayer is serving as the Project Manager and the Engineer of Record for the traffic signal and lighting design as well as the review of the bikeway layout. Diamond Bar Adaptive Fehr & Peers assisted the City with the design of an adaptive traffic signal system in Diamond Bar. The main objective of this project is to handle peak-period and incident-related congestion and cut-through traffic that is highly directional and not easily mitigated through the City’s existing time-of-day traffic responsive plans. The adaptive system is expected to be capable of dynamically adjusting cycle length, splits and offsets. Temple Hills Traffic Calming Design, Laguna Beach, CA Fehr & Peers evaluated Traffic Calming measures for 4.14.b Packet Pg. 433 Claude Strayer, PE, STP Associate San Diego | Walnut Creek | Denver | Honolulu | Inland Empire | Oakland | Orange County | Sacramento Roseville | Salt Lake City | Los Angeles | San Francisco | San José | Seattle | Washington, DC | Portland residential streets with a significant grade in Laguna Beach. We recommended treatments for the city’s consideration, and ultimately worked with the City to select the most appropriate locations and treatments along Temple Hills Drive, which included speed tables, traffic calming signing, striping, and solar speed feedback display signage. Access to existing residences and on-street parking were a challenge and consideration of the design. Mr. Strayer served as the Project Manager for the PS&E phase of the project, as well as the Engineer of Record. North Park Mid-City Signal Design, San Diego, CA Fehr & Peers completed the design plans, specifications and estimates (PS&E) for 11 traffic signal modifications along the Meade, Georgia, and Landis bikeways in the North Park-Mid City area of San Diego, as well as the wayfinding design for the Meade and Landis bikeways. The signal modifications included the preparation of 100% plans that addressed the planned removal of separate left-turn lanes at numerous intersections, the installation of curb extensions/bendouts, and modifications to signal phasing. Mr. Strayer was responsible for quality control of the design. The wayfinding design plans included PS&E for confirmation and destination signage based on guidelines previously prepared for SANDAG by Fehr & Peers. Fountain Avenue Pedestrian Improvements, West Hollywood, CA Fehr & Peers completed the planning phase as well as the plans and specifications for a corridor along Fountain Avenue in West Hollywood, CA. The primary objective was to improve pedestrian facilities due to accident history and long-uncontrolled crosswalks that exist in this area. Mr. Strayer served as the Engineer or Record on this project which included the successful delivery of signing and striping plans and crossing enhancements such as flashing in-road warning lights, pedestrian push buttons and LED edge lit signs. Complete Streets Planning & Design (Honolulu, HI) Fehr & Peers conducted multimodal transportation analysis, complete streets planning, and design plan development for 15.6 miles of bikeway facilities throughout Honolulu's Primary Urban Center (PUC). A key component of our work focused on the design, which Mr. Strayer is managing, of Complete Streets that provided improved and balanced bike, pedestrian, transit, and vehicular mobility and access while supporting the civic life of streets and an economically and environmentally sustainable context. Mr. Strayer is serving as the Engineer or Record on final design plans which includes signing and striping as well as traffic signal modifications. Short Street Traffic Calming, Yorba Linda, CA Fehr & Peers lead the planning and design of traffic calming treatments along Short Street, a residential neighborhood street in Yorba Linda. The improvements were prepared in both planning level exhibits and graphics, as well as final design PS&E. Mr. Strayer served as the Project Manager and Engineer of Record. Caltrans Priority Bike Connection, Fullerton, CA Fehr & Peers is assisting a team and the City of Fullerton in providing better bicycle connections across freeway barriers. Our portion of the study focuses on crossing SR-57 between Nutwood Avenue and Yorba Linda Boulevard, and a potential overcrossing or undercrossing into the Cal State Fullerton campus at Madison Avenue. We are evaluating the route and suggesting safer ways to cross the freeway. Fehr & Peers is responsible for a traffic analysis of the focus areas using Synchro to determine the possible impacts of various interventions, as well as performing a safety evaluation. We are also creating preliminary design plans and cost estimates for the possible alternatives for new crossings. I-5 Temporary Traffic Control Design, SD/OC Counties Fehr & Peers prepared traffic control plans for eight locations along I-5 for the encroachment permit process. Traffic control was required for mounting of traffic count cameras on existing equipment along the Caltrans facility. Mr. Strayer was the Project Manager and Engineer of Record for this design effort. South Euclid Parking Analysis & Design, Menifee, CA Fehr & Peers prepared conceptual parking layout recommendations to increase the parking supply in the City of Anaheim. Mr. Strayer managed this design effort and prepared six design alternatives ranging in impact to existing project site. Conceptual design plans, parking impact analysis, and construction cost estimates were prepared for each of the six alternatives. 4.14.b Packet Pg. 434 Matt Benjamin Principal 101 Pacifica Suite 300 Irvine, CA 92618 (949) 308-6300 Los Angeles | Walnut Creek | Denver | Honolulu | Inland Empire | Oakland | Orange County | Sacramento Roseville | Salt Lake City | San Diego | San Francisco | San José | Seattle | Washington, DC | Portland About Over the past 15 years, Matt has approached transportation planning from a variety of perspectives, through his work in the public, non-profit and private sectors. Matt has consistently been at the leading edge of his field, offering forward-thinking solutions to that are ahead of their time, but on the cusp of mainstream adoption. Over a decade ago, in developing Metro’s first Bicycle Parking Plan, Matt spearheaded an effort at the agency to integrate the Universal Fare Card (now the TAP card) with the existing bike locker program and future bike-transit centers or “mobility hubs.” Matt later served as the first Planning and Policy Director of the LA County Bicycle Coalition and played a key role in growing and professionalizing the region’s most visible active transportation advocacy organization. Since 2007, he has led some of the most complex and controversial active transportation planning and design projects in Southern California. Matt currently leads the Active Transportation practice for Fehr & Peers in Southern California. Matt has the expertise to lead policy, planning and design projects. He is a seasoned public speaker, having presented in both English and Spanish to diverse audiences including public agency staff, elected officials, graduate students, day laborers, factory workers, and the general public in a variety of settings such as public workshops, university lectures, training sessions, community events and international conferences. Education Master of Urban Planning, University of California, Los Angeles, 2003 B.A. in International Relations, Florida State University, 1998 Presentations/Lectures Bikeway Planning Studio, USC, Sol Price School of Public Policy (Fall 2015) Bikeway Planning and Design, UCLA, Department of Urban Planning, Transportation Planning Lecture Series (2010, 2012) Bikeway Planning and Design, Cal Poly Pomona, College of Environmental Design, Department of Landscape Architecture Lecture Series (2010) Challenges in the Design and Implementation of Urban Bikeways, Ministry of Transport and Telecommunications, First International Seminar on Promoting Cycling as a Means of Transport, Santiago, Chile (2009) Project Experience Pomona Active Transportation Plan Fehr & Peers prepared the design plans for the Active Transportation Program (ATP) and Americans with Disabilities Act (ADA) improvements which are part of the major street rehabilitation project within the City of Pomona. The locations for these improvements include Holt Avenue and Hamilton Boulevard, Holt Avenue and Towne Avenue, Holt Avenue and San Antonio Avenue, San Bernardino Avenue and Indian Hill Boulevard, and San Antonio Avenue at Barfield Elementary School. The project constructed curb extensions, high visibility crosswalks as well as upgrading signal equipment to including APS signals and countdown pedestrian signal heads for improved pedestrian access. Metro Blue Line First/Last Mile Plan Matt oversaw this groundbreaking study that Metro is touting as a new standard for transit access planning in particular and for community-based planning in general. 4.14.b Packet Pg. 435 Matt Benjamin Principal 101 Pacifica Suite 300 Irvine, CA 92618 (949) 308-6300 Los Angeles | Walnut Creek | Denver | Honolulu | Inland Empire | Oakland | Orange County | Sacramento Roseville | Salt Lake City | San Diego | San Francisco | San José | Seattle | Washington, DC | Portland From the initial strategy of bringing strategically selected Community Based Organizations (CBOs) onto the team as paid partners, to participation in walk audits and pop-up events, Matt was closely involved in all aspects of delivering this project. The plan developed so much positive momentum that by the time it was approved by the Metro Board, Fehr & Peers had been contracted to assist with preparing grant applications for implementing high priority projects, resulting in recommended funding awards for over $20M in improvements Citywide Pedestrian Safety Study (Moreno Valley, CA) Fehr & Peers is working with the City of Moreno Valley to perform a citywide systemic pedestrian safety analysis (SSAR), including a focus on uncontrolled marked crosswalks and pedestrian access to bus stops, and develop a prioritized list of safety projects that position the City for success in funding and implementation. Matt served as Principal-in-Charge for this project. Colorado Esplanade Cycle Track Design, Santa Monica Matt was brought in as a bikeway design specialist to assist a multi-disciplinary team of consultants on the design of the Colorado Esplanade, which included a 2-way cycle track connecting the future Expo Light Rail Station to the Santa Monica Pier/Beach Bike Path. Matt’s role was to help ensure that the design of the bikeway was sound from a safety and operational perspective. He worked closely with the design team and the City of Santa Monica to identify the preferred alignment, signal phasing, and access treatments at streets and driveways. The Anaheim Resort Area Mobility Plan Matt managed the Anaheim Resort Area Mobility Plan which created a long term vision for mobility in the Anaheim Resort Area which attracts millions of visitors annually from around the world. The plan identifies transformative mobility and safety improvements for pedestrians, bicyclists, motorists and transit users in and around the Anaheim Resort Area that will be carried forward in conjunction with other major real estate development and infrastructure projects in this dynamic regional activity center. Honolulu Complete Streets Planning & Design As part of a larger project being led by Fehr & Peers, Matt was tasked with leading the design development process for two of the most challenging corridors in urban Honolulu: Kapi’olani Blvd and the unconstructed sections of the King Street cycle track. He has developed presentation materials on the geometric feasibility and operational implications of various alignments and design strategies for these corridors that are being used to facilitate discussion with major stakeholders including elected officials, city and county staff, transit operators, business organizations, and the general public. OCTA Systemic Safety Analysis Report Matt oversaw the preparation of a Systemic Safety Analysis Report for OCTA. The study reviewed all bicycle and pedestrian collisions in the County and developed 15 collision typologies representing the most common crash types. Appropriate countermeasures were matched to each crash typology and included in the development of 15 individual fact sheets that collision data, existing and proposed design sketches, cost estimates, and estimated benefit cost ratios for HSIP grant applications. We also developed and conducted an HSIP grant workshop for OC jurisdictions. Systemic Safety Analysis Report (Montclair, CA) Fehr & Peers is working with the City of Montclair to perform a citywide systemic safety analysis (SSAR) and develop a prioritized list of roadway safety projects that position the City for success in funding and implementation. The detailed collision analysis methodology developed for this project categorizes common crash types at high-crash locations and identifies appropriate engineering countermeasures that can be applied systemically and proactively to similar locations citywide. Fehr & Peers is also creating a GIS inventory of the City’s crosswalks, and will use this data to better understand collision patterns at these locations. We will also analyze locations throughout the City for traffic signal and RRFB suitability. Matt served as a technical advisor on this effort and was involved in the development of infrastructure and non-infrastructure recommendations 4.14.b Packet Pg. 436 Mike Wallace Principal Senior Forecasting Practice Leader about Mike Wallace, a Principal in the Walnut Creek office, has been responsible for detailed travel behavior analysis, travel forecasting, and traffic operations analysis of local and regional transportation facilities, as well as transportation impact, circulation and parking studies for land use developments. With over fifteen years of experience in the traffic engineering and planning field, he has developed in-depth expertise in the application of all major transportation analysis techniques, with particular emphasis on travel behavior and market assessment. Recently Mike has served as Principal-in-Charge, Project Manager, or Technical Advisor on projects relating to the future of mobility. With a focus on the relationship of performance evaluation, safety, equity, and economic development, Mike has evaluated scenarios ranging from the influence of technology on regional travel and emissions to curb space utilization. Currently Mike is investigating a data driven prioritization process using a holistic approach to evaluate not only the immediate benefit of the projects but also the broader impact of transportation projects on regional economy growth, workforce development, and environmental justice issues. In urban areas, Mike brings his diverse experience to the topic of curb space management and the associated safety and economic implications of freight delivery, bike facilities, transit, and transportation network companies (TNCs). education Master of Science in Civil and Environmental Engineering, California Polytechnic State University, San Luis Obispo, 2004 Bachelor of Science in Civil Engineering, California Polytechnic State University, San Luis Obispo, 2002 affiliations Institute of Transportation Engineers: Member American Planning Association: Member TRB Committee on Emergency Evacuation: Member, Committee Research Coordinator registrations & certifications Engineer in Training, State of California, #113343 Professional Transportation Planner (PTP), #150 Citilabs Cube Public Transportation Citilabs Cube Activity Based Modeling expertise • Travel Demand Forecasting • Big Data and Travel Analysis • Transportation Planning & Infrastructure Funding • Transportation Impact Analysis & Environmental Assessment • Project Development Studies • Parking & Trip Generation Studies • Campus Planning • Transit Planning select publications & presentations • The Need for Countermeasures: Next Generation Transit for Balancing Future Mobility, AMPO Annual Meeting 2018. • INRIX XD Training Workshop: Applications of Downloaded Data MTC Technical Transfer, 2018 • Wrangling Big Data to Inform Transportation Decisions Using Cube, Python and ArcGIS, Citlabs Future International User Conference, 2016 • Planning for Autonomous Vehicles, AMPO Annual Meeting 2016 • Thinking Like a Futurist: Effects of Next-Generation Vehicles on Travel Demand and Highway Capacity, AMPO Annual Meeting 2014 4.14.b Packet Pg. 437 Mike Wallace Principal/Senior Forecasting Practice Leader 100 Pringle Avenue Suite 600 Walnut Creek, CA 94596 925.930.7100 Walnut Creek | Denver | Honolulu | Inland Empire | Oakland | Orange County | Reno Roseville | Salt Lake City | San Diego | San Francisco | San José | Seattle | Santa Monica project experience OCTA Corridor Performance Report (2015, 2019) As Principal-in-Charge, Mike provided oversight and technical guidance to the Fehr & Peers team implementing the data collection and reporting for the Corridor Performance Report. Fehr & Peers was hired by Orange County Transportation Authority (OCTA) to update the Congestion Management Program traffic data and analysis from 2007 through 2013. The products of this project have been used to monitor local jurisdiction compliance with the LOS standards for Congestion Management Program (CMP) in Orange County. Fehr & Peers collected extensive traffic data and performed operational analysis for 500 study locations and developed Synchro models for approximately 250 intersections in Central Orange County. City of Diamond Bar Congestion Report Card (Diamond Bar, CA) As technical advisor, Mike provided input and assistance relating to developing a web based performance management system and summary report card. Using historic data, indicators and cost benefit analysis were summarized and reported for staff and council to determine conditions before and after implementing changes in the Traffic Management Center (TMC). The report card was based on evaluating historic speed and travel time data provided by Inrix in combination with fuel efficiency and price, and emissions factors, and results were summarized at the segment, corridor, and citywide levels. SANDAG Speed Data Evaluation (San Diego County, CA) As Fehr & Peers Project Manager, Mike lead a team that evaluated speed data for use in validating the SANDAG dynamic traffic assignment (DTA) model. The evaluation included criteria required for a DTA model, and also ease of use and update, flexibility, coverage area, price, and additional uses beyond the DTA model. After SANDAG acquired the recommended data, Fehr & Peers developed a GIS process to correlate the travel model roadways with the speed data segments, flag areas that may need further refinement, and link average speeds by time period to the travel model network. SR 125 Before and After (San Diego County, CA) As Fehr & Peers Project Manager, Mike lead a team that compared travel conditions before and after changing the toll on State Route 125 in San Diego County. Using anonymous GPS data, the unique device of travelers who used either the parallel I-805 or SR 125 before and after the change of toll to determine if there was a statistically significant shift and if so what insight can be gained. Using the origin and destinations of trips before and after, maps were created to show the origins of trips that shifted and also the relationship to congested speed on both I-805 and SR 125. LA Metro Express Lane Performance Monitoring (Los Angeles County, CA) As technical advisor, Mike provided input and assistance relating to summary of speed and travel time data for express lanes, general purpose lanes, and parallel arterials over multiple years. Using historic data Inrix data, mid-week data were summarized and reported for staff to compare the relative travel time and speeds. Maps and tables containing details by day of week, hour of the day, and direction were also provided. Fresno-Clovis Metropolitan Area Public Transportation Strategic Service Evaluation (Fresno County, CA) As Project Manager for Fehr & Peers, Mike lead the analysis of cell phone data to identify travel patterns for the highest activity areas within the Fresno-Clovis sphere of influence. Coordinating with on-board transit counts, transit rider surveys, and system plans, the team evaluated potential areas to improve service for current riders and opportunities to expand service to attract new riders. Although most of the evaluation was focused on the next 5 years, an implementation plan for the short (1 year increments for 5 years) and medium (5-10 years) term and potential changes in the future based on anticipated growth were investigated. 4.14.b Packet Pg. 438 Jinghua Xu, Ph.D, PE Senior Associate 101 Pacifica Suite 300 Irvine, CA 92618 Orange County | Walnut Creek | Denver | Honolulu | Inland Empire | Los Angeles | Oakland | Roseville Sacramento | Salt Lake City | San Diego | San Francisco | San José | Seattle | Portland | Washington, DC About Jinghua Xu has more than 16 years of experience. Her expertise includes travel demand model development and application, network modeling and simulation, and transportation planning. Jinghua has extensive experience in modeling with both highway and transit focuses. She has in-depth understanding in model estimation, calibration and validation, and has developed and/or enhanced a wide range of complicated regional travel demand models for large MPOs, such as SCAG and SANDAG, as well as developing subarea model based upon the regional model, such as SBTAM. Jinghua has served as project manager, technical leader and key modeler in various modeling projects. She is familiar with and has extensive working knowledge on the models in Southern California and selected models in Northern California, such as SCAG Trip-based Model and on-going Activity-based model, LA Metro Model, SANDAG model, OCTAM, SBTAM, and VTA model, etc. Jinghua has strong analytical skills and is proficient in various transportation modeling software packages, including TransCAD (GISDK), CUBE (Voyager/TP+) and TRANPLAN. Education Ph.D. in Civil Engineering, University of Massachusetts, Amherst, 2004 M.E. in Transportation Engineering, Beijing Jiaotong University, Beijing, China, 1997 B.E. in Transportation Engineering, Beijing Jiaotong University, Beijing, China, 1994 Affiliations Women’s Transportation Seminar, member International Chinese Transportation Professional Association – Southern California Chapter, board member Professional Registration Licensed Civil Engineer, State of California (73925) Major Project Experience METRO, SR 91 (Central to Acacia) PA/ED Fehr & Peers led the traffic team to prepare the traffic study in support of the PA/ED process. We conducted the screening analysis of various improvements options along the SR-91 study corridor and provided recommendations to the design team to refine project alternatives. We worked with Caltrans to develop the opening year and design year traffic demand forecasts for the proposed project alternatives and prepared the traffic volume report to summarize the methodologies and forecasting results. In addition, we developed a micro-simulation VISSIM model for the SR-91 study area, calibrated and validated the model to reflect the existing conditions. The validated VISSIM models were then used to evaluate the traffic operational performance for the proposed project focusing on system-wide measures of effectiveness (MOE) such as travel time savings and vehicle throughput served by the corridor. In addition, we prepared the freeway level of service analysis applying the corridor-based methodologies based on the Highway Capacity Manual (HCM) Chapter 10. During the Caltrans review process, we worked closely with Caltrans review staff through traffic focus meetings to facilitate the review and obtained the 4.14.b Packet Pg. 439 Jinghua Xu, Ph.D, PE Senior Associate 101 Pacifica Suite 300 Irvine, CA 92618 Orange County | Walnut Creek | Denver | Honolulu | Inland Empire | Los Angeles | Oakland | Roseville Sacramento | Salt Lake City | San Diego | San Francisco | San José | Seattle | Portland | Washington, DC approval on schedule on the traffic deliverables including Traffic Operational Analysis Report (TOAR), Intersection Control Evaluation (ICE), and other technical memorandums. Jinghua was the key modeler. OC-LA Transit Connection Jinghua was the project manager to lead the travel market analysis and transit corridor evaluation. The travel market analysis uses Streetlight data, together with model data, LEHD, and data from other source to identify major travel markets between OC and LA County and evaluate whether those travel markets are unserved or underserved by transit. The team also evaluated new transit corridor based on the ridership forecast and other factors. SR-55 (I-5 to SR-91) PAED This project is to prepare traffic study in support of the SR-55 (I-5 and SR-91) widening PA/ED in Orange County. Jinghua is leading all the modeling related effort and providing future traffic volume forecasting for various alternatives in support of traffic operations report. SCAG Activity-based Model Development and Validation in Support of the 2016 RTP/SCS Served as Technical Expert on the transportation evaluation of the Green Line extension, as well as improvements to the existing Green Line in the vicinity of the Sacramento Valley Station. The work included developing the transportation section of the Draft EIS/EIR for a light rail extension from Downtown Sacramento to the Sacramento International Airport. Fehr & Peers also assisted with the preparation of mode of access studies and ridership forecasts to support a New Starts application by the Sacramento Regional Transit District (RT), as well as intersection forecasts and operations analysis for the light rail extension including a median alignment through the South Natomas community. OCTAM Active Transportation Tool Development Jinghua is the project manager to develop an active transportation (AT) tool for OCTA, to increase OCTAM’s sensitivity to AT investments. This AT tool will have the capability to quantify additional non-motorized trips associated with changes in land use and/or with the addition of active transportation facilities, specifically bicycle lanes and sidewalks. As the final product, this post-processing tool will be seamlessly integrated in the OCTAM TransCAD to analyze AT projects. SCAG Mode Choice Model Enhancement and Regional Model Update Jinghua was the key modeler to help enhance SCAG’s Trip-Based Model (TBM), including application of 4D concepts to the SCAG regional model, mainly to the mode choice model, vehicle availability, and trip generation models, and other model components. Caltrans Transportation Modeling/Forecasting Service (Senior Modeler) This project is to provide on-call model development and updates to the California Statewide Freight Forecasting Model (CSFFM) in order to better integrate the results with the passenger forecasts from the California Statewide Travel Demand Model (CSTDM). Jinghua assists in enhancing the base year 2012 model, including the update of submodules to forecast truck trip table and the subsequent procedures such as assignment procedure, and model validation. OCTAM Active Transportation Tool Development (Project Manager) Jinghua is the project manager to develop an active transportation (AT) tool for OCTA, to increase OCTAM’s sensitivity to AT investments. This AT tool will have the capability to quantify additional non-motorized trips associated with changes in land use and/or with the addition of active transportation facilities, specifically bicycle lanes and sidewalks. As the final product, this post processing tool will be seamlessly integrated to the OCTAM TransCAD to analyze AT projects. Consultant Services for Tool Creation to be used with OCTAM Output to Forecast Emission (Project Manager) Jinghua was the project manager to update the air quality modeling component for OCTAM, for both TRANPLAN and TransCAD versions. This component involves converting OCTAM outputs to the inputs required by EMFAC2014, call EMFAC2014 directly from OCTAM TransCAD User Interface, and reporting the EMFAC2014 results. The component is integrated to the OCTAM framework. 4.14.b Packet Pg. 440 Paul Herrmann, PE Associate 101 Pacifica Suite 300 Irvine, CA 92618 (949)308-6300 Orange County | Walnut Creek | Denver | Honolulu | Inland Empire | Los Angeles | Oakland | Roseville Sacramento | Salt Lake City | San Diego | San Francisco | San José | Seattle | Portland | Washington, DC About Mr. Herrmann has nine years of experience in transportation engineering and transportation planning at Fehr & Peers. Prior to Fehr & Peers, Paul worked at the City of Corona in the Traffic Engineering Department. He has led a wide variety of projects including traffic studies, infrastructure projects, travel demand forecasting, parking and circulation studies, and long-range development plans. Mr. Herrmann has led several SB 743 implementation projects and has managed a significant number of projects that have used travel demand forecasting models to produce VMT estimates, including for CEQA. Mr. Herrmann is an active member of the Fehr & Peers SB 743 Working Group that meets monthly to discuss best practices and latest developments. Education Bachelor of Science in Civil Engineering, California Polytechnic State University, Pomona, 2011 Registrations Traffic Engineer, State of California (TR2797) Professional Affiliations Institute of Transportation Engineers (ITE) Project Experience CEQA/NEPA Assessment Paul has completed transportation assessments for over 50 projects dictated by either CEQA or NEPA. These included impact assessment to support negative declarations, transportation sections for EIRs, and transportation sections for EISs or joint EIR/EISs. Notable projects include: SB 743 Implementation and VMT Impact Guidelines • City of Anaheim • City of Corona • City of Santa Ana • City of Eastvale • City of Menifee • City of Moreno Valley • City of Aliso Viejo VMT Assessments • Diamond Bar General Plan Update EIR • Redlands General Plan Update EIR • Corona General Plan Update EIR • County of San Bernardino General Plan Update EIR • Villages of Lakeview EIR Transportation Impact Analysis, Riverside County • Beach Boulevard Corridor Specific Plan & EIR, Anaheim • Etiwanda Heights Specific Plan Mobility Section and EIR Transportation Impact Analysis, Rancho Cucamonga • Paradise Valley Specific Plan VMT Analysis, Coachella Valley • Gateway Specific Plan EIR Transportation Impact Analysis, Grand Terrace • Section 31 Specific Plan EIR Transportation Impact Analysis, Rancho Mirage • Latitude Business Park VMT Assessment, Corona • Central Park Master Plan and Amphitheater EIR, Rancho Cucamonga • SR-74 & I-15 Interchange Improvement Project PA/ED EIR, Lake Elsinore • Limonite Avenue Gap Closure Project EIR, Eastvale • The Crossings Specific Plan & EIR, Fountain Valley 4.14.b Packet Pg. 441 Paul Herrmann, PE Associate 101 Pacifica Suite 300 Irvine, CA 92618 (949)308-6300 Orange County | Walnut Creek | Denver | Honolulu | Inland Empire | Los Angeles | Oakland | Roseville Sacramento | Salt Lake City | San Diego | San Francisco | San José | Seattle | Portland | Washington, DC Diamond Bar General Plan Update Mr. Herrmann is serving as Project Manager on the development of the City of Diamond Bar General Plan Circulation Element and EIR Traffic Study. Mr. Herrmann is leading the forecasting effort on the project. The SCAG model is being utilized to develop future forecasts and will be consistent with the SCAG 2016 RTP. This study consists of existing traffic operations analysis along with future forecasts with traffic operations analysis for 41 intersections, 34 roadway segments and six freeway segments. Anaheim SB 743 Implementation Mr. Herrmann is the Project Manager of Fehr & Peers’ team assisting the City of Anaheim with SB 743 implementation. We are evaluating the available tools to conduct VMT analysis and preparing possible strategies for the City in determining VMT analysis methodology and CEQA transportation impact thresholds. We will be updating their traffic impact study guidelines consistent with requirements of SB 743. Fehr & Peers is also providing a guidance document to assist the City with their decision-making process. The document consists of potential VMT screening maps, VMT comparison charts, TPA maps, and sample project evaluation. We are providing guidance and recommendations on available project level mitigation and TDM strategies specific to the City of Anaheim, including many special generators such as sports stadiums and theme parks. The project includes adoption of CEQA compliant thresholds of significance by the July, 2020 deadline. The project will conclude with recommendations on a future tool for the City to facilitate SB 743. Santa Ana SB 743 Implementation Mr. Herrmann was the Project Manager of Fehr & Peers’ team that guided the City of Santa Ana through the process of updating and adopting the City's traffic impact study guidelines consistent with requirements of SB 743. Fehr & Peers made VMT estimates for the entire Orange County region in support of the recommended thresholds of significance, including screening maps to facilitate City processing of projects. Fehr & Peers also provided a guidance document with sample projects to assist the City with implementation. This effort included education of staff and collaborative meetings to meet City goals. This project was delivered on budget and on schedule, within the July 2020 adoption deadline. Fehr & Peers currently acts as on-call consultants in support of the City as new projects are subject to SB 743 analysis. Central Park Master Plan EIR, Rancho Cucamonga Mr. Herrmann is the Project Manager of the Fehr & Peers’ team completing the transportation impact assessment for the Central Park Master Plan EIR in Rancho Cucamonga, CA. Fehr & Peers is conducting two SB 743 compliant VMT impact assessments in support of two separate environmental documents. The first is a project specific analysis for an MND in support of the amphitheater relocation project on the Central Park site. the second is a program level analysis for the EIR in support of the full build out of the Master Plan. Big Data (anonymous cell phone location data) was utilized to estimate existing and future project trip lengths for use in VMT estimation. The San Bernardino travel demand forecasting model (SBTAM) was utilized to prepare VMT estimates for the City of Rancho Cucamonga for comparative purposes in the analysis. Corona General Plan Update EIR & SB 743 Implementation Mr. Herrmann is the Project Manager of Fehr & Peers’ team assisting with the Corona General Plan Update. Fehr & Peers conducted the Transportation Impact Analysis for the EIR and provided input into the Circulation Element. This included updates to the citywide model and intersection analysis at signalized intersections throughout the City. Fehr & Peers advised the team on best practices related to SB743 and contributed to policy development. We updated the City's transportation impact study guidelines consistent with SB 743 and assisted the City in adopting thresholds of significance related to CEQA. We completed the traffic study for the EIR which included an SB 743 compliant VMT assessment for the buildout of the general plan. 4.14.b Packet Pg. 442 1 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 15, 2021 by and between the City of Diamond Bar, a municipal corporation ("City") and Kimley Horn and Associates, Inc., a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Traffic and Transportation Engineering services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Christian Malpica, Associate Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2021, and shall continue until June 30, 2024 , unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for one (1) additional two (2) year term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Consultant’s rates shall be fixed during the initial Term of this Agreement. Rate increases in compensation will be only considered in the event the City exercises its option to extend the Agreement and apply as of July 1, 2024. . Any rate increase will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles- Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. 4.14.c Packet Pg. 443 2 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Twenty-Six Thousand Dollars ($26,000) per Fiscal Year without the prior written consent of the City. The above not-to-exceed amount shall include all costs, including but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. Payment will be made only after submission of proper invoices. D. City will pay Consultant the amount property invoiced within 35 days of receipt. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is 4.14.c Packet Pg. 444 4.14.cPacket Pg. 445 4.14.cPacket Pg. 446 4.14.cPacket Pg. 447 4.14.cPacket Pg. 448 4.14.cPacket Pg. 449 4.14.cPacket Pg. 450 Sri Chakravarthy213-261-4037srikanth.chakravarth@kimley-horn.com4.14.cPacket Pg. 451 4.14.cPacket Pg. 452 Proposal for Prepared by:Prepared for: Professional On-Call Traffic and Transportation Engineering Services 4.14.c Packet Pg. 453 660 South Figueroa Street Suite 2050 Los Angeles, CA 90017 TEL 213.261.4040 City of Diamond Bar, Department of Public Works  TROC96015.2021  1 1. COVER LETTER April 20, 2021 Christian Malpica, Associate Engineer City of Diamond Bar, Department of Public Works 21810 East Copley Drive Diamond Bar, CA 91765-4178 Re: Proposal for Professional On-Call Traffic and Transportation Engineering Services Dear Mr. Malpica and Members of the Selection Committee: Kimley-Horn appreciates the opportunity to work with the City of Diamond Bar (City) to augment the City’s services, and we are extremely interested in continuing to work with the City on future assignments as part of this On-Call Traffic and Transportation Engineering Services contract. We remain committed to providing you with unmatched service, responsiveness, and essential local knowledge for the successful delivery of your projects. Our team can continue to provide the full range of services requested by the City, and offers the following advantages: Local Presence. Sowmya Chandrasekhar, P.E., T.E., PTOE will serve as project manager working from our Downtown Los Angeles office, just over a half hour away from the City of Diamond Bar. Sowmya draws on extensive on-call experience with the cities of Agoura Hills, Malibu, South Gate, and Buena Park to provide efficient, cost-effective services to the City. As part of these and other contracts, Sowmya is experienced in providing City traffic and transportation engineering services, including presentations to city councils and local commissions. Full-Service Capabilities. As an on-call consultant to local agencies throughout the region, Kimley-Horn has completed projects ranging from planning and intersection signal design to system-wide signal retiming projects and support for Traffic Management System. Drawing on our extensive in-house resources, and supported by key subconsultants National Data & Surveying Services and Counts Unlimited for data collection services, we can provide an experienced team to meet the needs of any project assignment from the City. Should you have any questions regarding our team, please contact project manager, Sowmya Chandrasekhar at 213.354.9400 or by email at sowmya.chandrasekhar@kimley-horn.com. We look forward to continuing to work with the City of Diamond Bar. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Sowmya Chandrasekhar, P.E., T.E., PTOE Robert D. Blume, P.E. Project Manager Principal-in-Charge and Vice President* *Bob Blume is authorized by the firm to negotiate a contract with the City. TABLE OF CONTENTS 1. Cover Letter ...............................................................................................................................................................1 2. Firm Overview ...........................................................................................................................................................2 3. Our Methodology and Approach .................................................................................................................................3 4. Project Team .............................................................................................................................................................5 5. Our Experience ........................................................................................................................................................13 6. Required Statements ...............................................................................................................................................15 Proposal for Professional On-Call Traffic and Transportation Engineering Services 4.14.c Packet Pg. 454 City of Diamond Bar, Department of Public Works  TROC96015.2021  2 2. FIRM OVERVIEW Kimley-Horn is a full-service engineering, planning, and environmental consulting firm providing a comprehensive range of services to public and private clients throughout the United States. Founded in 1967, our company has grown from a small group of traffic engineers and transportation planners to a multidisciplinary firm of more than 4,500 in 95 offices nationwide. Our 11 California offices, including local offices in Downtown Los Angeles, Riverside, Orange, and San Diego, have nearly 500 engineers, planners, designers, and technicians—affording us the depth of resources necessary to staff and execute virtually any assignment in response to the City’s needs for this on-call contract. We provide our clients with the local knowledge and responsiveness of a small organization, backed by the depth of resources only a national firm could offer. As a recognized nationwide leader in engineering consulting services, Kimley-Horn’s professionals understand the complexities of on- call assignments and develop solutions unique to each community we serve. We have an extensive history of completing on-call projects successfully, on time, and within budget. Combining national experience with a local sensibility, Kimley-Horn’s professionals provide comprehensive solutions to the planning, analysis, and design of public and private spaces. We work extensively with our internal partners, agency staff, and clients to create the appropriate technical approach for the specific task order and to provide a clear and concise scope of work. Some of our principal practice areas include: Traffic Engineering, Traffic Operations, and Transportation Planning Traffic Signal Design and Upgrades Traffic Impact Analysis Traffic Calming Studies Traffic Control Plans Signing and Striping Design Review of Traffic Control Devices Signal Timing Street Circulation Planning and Design Street Lighting and Photometric Analysis Intelligent Transportation Systems (ITS) Planning and Design Fiber-Optic Interconnect Civil Engineering Roadway and Streetscape Design Active Transportation Planning and Design Smart Cities/Smart Computing Technologies Parking Studies and Implementation Transit Planning and Design Plan Check Services Master Planning Public Involvement and Community Outreach Safe Routes to School Programs Pedestrian Facilities and Design Bicycle Planning and Design Environmental Support Services, including California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) Peer Review and Plan Review Grant Writing and Administration Staff Augmentation Subconsultants We anticipate the use of independent traffic count firms to collect daily or peak-hour traffic data for traffic assessment tasks and traffic studies. We will coordinate with the following subconsultants for traffic data collection, as needed. National Data & Surveying Services Founded in 1989, National Data & Surveying Services (NDS) was established to deliver accurate and cost-effective solutions for traffic, transit and GIS/GPS data collection. NDS has an outstanding team of 70 professional full-time employees and is the largest and most experienced traffic data collection firm on the west coast. Counts Unlimited, Inc. Counts Unlimited was founded in 1990 and specializes in traffic data collection, including: turning movement traffic counts, ADT counts, entering volume counts, classification counts, speed counts, radar speed surveys, parking lot studies (inventory, occupancy, utilization, and turnover), signal warrants, GPS travel time studies, vehicle occupancy counts, origin/destination studies, and video documentation counts. Proposal for Professional On-Call Traffic and Transportation Engineering Services 4.14.c Packet Pg. 455 City of Diamond Bar, Department of Public Works  TROC96015.2021  3 3. OUR METHODOLOGY AND APPROACH Kimley-Horn staff provides on-call traffic engineering and review services to several public agencies for both public and private improvements. We offer unparalleled experience in traffic and transportation impacts, methodologies to monitor development-generated traffic, and financing mechanisms for transportation improvements. We have the technical specialists and depth of resources to assess traffic impacts; develop master plans; lay out roadways, access ways, and interchanges; develop workable circulation and parking plans; and design both surface and structural parking facilities. Our key staff specialize in the planning, design, and implementation of leading transportation technologies and traffic systems. Kimley-Horn will tailor our methodology and approach to the scope of work according to the project needs and expectations of the City and other approving agencies. We will begin by gaining a thorough understanding of the City’s objectives and review available information. If applicable, we will also visit the project site to understand issues and constraints. This enables us to develop a detailed scope of work that serves as a “roadmap” to successful project completion. It also minimizes the potential for unnecessary engineering and costly change orders. Methodology For this traffic and transportation engineering on-call services contract, our team will be responsible for providing the scope of services outlined in the RFP including, but not limited to, the following tasks: City Traffic Engineering Services. We will advise and assist the City’s departments, commissions, committees, and City Council, and interface with regional and state transportation agencies. Our project manager, Sowmya Chandrasekhar, P.E., T.E., PTOE has provided on-call support for the cities of Buena Park, Agoura Hills, Malibu, and South Gate over the past several years and is committed to providing the time necessary to assist the City in this critical role. She is supported by Sri Chakravarthy, P.E., T.E. who also has several years of municipal traffic engineering experience providing similar services to the City and also several local agency clients, including the cities of Diamond Bar, Lancaster, Agoura Hills, and Malibu. Geometric and Traffic Signal Design. In addition to comprehensive master planning for traffic signalization, our team has designed numerous plans for roadway widening, signal modification, standardization of traffic control systems, and comprehensive systems communications. We design signals to address current needs, but also to accommodate growth and technological advances. In coordination with the City Engineer, we will prepare plans, specifications, and construction estimates (PS&E) for traffic signals and transportation improvement projects. Traffic Studies and Traffic Sections of Environmental Reports. As an extension of your staff, we will review and assess the potential traffic and parking impacts of proposed development/redevelopment projects. In most of our assignments we are able to assist City staff in reducing the time it takes to turn around review of studies and reports. We will assist the City’s engineering staff by facilitating traffic data collection for the preparation of traffic studies in order to address citizen concerns, school safety issues as well as evaluate traffic control, operations (level of service or LOS) at intersections and to provide speed surveys/speed limit determinations. We will assist the City staff to continually review the City’s traffic circulation system to identify and mitigate any deficiencies in the City’s transportation network by supporting the City in Transportation System Planning. Plan Checking and Traffic Control Plans (TCP). We have supported several agencies in expediting the review of design, construction, and traffic control plans submitted for approval. For example, before we begin preparing the actual TCP documents, the traffic engineer will meet with the project stakeholders to solicit input regarding special coordination needs. During this meeting, our team will present the proposed construction sequence plan, which will include the following: Travel lanes and construction area for each phase of construction Temporary signing and striping, barricades, and other channelization devices Narrative of the sequence of work including utility construction phasing Vehicle and pedestrian detour routing during construction Data Preparations. The Kimley-Horn team is committed to providing high-quality traffic data to enhance the accuracy of traffic analyses and modeling efforts by City staff. We have teamed up with Counts Unlimited and NDS to provide this service. We have experience collecting data for traffic studies and for on-calls with various agencies that comply with LA Metro’s Congestion Management Program (CMP) reporting. Coordination with other City Departments, Caltrans, and Consultants. We will work with appropriate technical staff, consultants, and other City departments in overseeing, coordinating, administrating, and managing public works Capital Improvement Projects under the direction of the City Engineer and Director of Public Works. The key staff members proposed for this contract maintain regular contact with virtually all key regulatory agencies and their decision-makers and are especially attuned to Los Angeles County and Caltrans. We understand Los Angeles County and Caltrans procedures (and expectations) enabling us to minimize delays and reworking of your submittals. Traffic Signal Operations, ITS, and Traffic Management System (TMS). The Kimley-Horn team will provide traffic signal, and ITS design services as needed. Our staff brings extensive experience with oversight and maintenance of traffic signal systems, signal timing, and management of the Traffic Management Center (TMC) in Los Angeles County. We will provide technical advice to the City’s staff in connection with the maintenance and operation of the City’s traffic signal facilities, ITS, TMC, and any other traffic related items. In addition, we have several years of successful partnership with Caltrans and will bring these valuable relationships to the City for timely approvals on projects involving Caltrans coordination, participation, and review. Proposal for Professional On-Call Traffic and Transportation Engineering Services 4.14.c Packet Pg. 456 City of Diamond Bar, Department of Public Works  TROC96015.2021  4 Adaptive Traffic Control System (ATCS Management). In the past few years, Kimley-Horn was awarded the procurement and implementation of the Adaptive Traffic Control System (ATCS) project by the City. If selected as your on-call consultant, we will continue to support and guide the development of your ATCS program and future upgrades to your system. Field Technical Support, Traffic Signal Operation and Coordination Studies. Kimley-Horn is well established in signal timing and operations in Los Angeles and Orange Counties. The staff proposed has timed thousands of signals nationwide as well as provided technical support for traffic network communication trouble shooting, equipment set-up and configuration. Additionally, Sri Chakravarthy and Brian Sowers have managed large regional-level signal coordination projects for agencies like OCTA, MTC, and SANDAG. Assistance with Funding and Grant Securement. Kimley-Horn understands that obtaining successful funding and the identification of potential public and private sources is critical to your projects. We will assist in preparation of grant applications for funding from federal, state, and regional agencies for traffic safety studies and improvements. Our team has the experience, tools, and relationships to expedite the completion of your funding applications. We often deal with the complex regulations tied to the local use of federal funding, and have been successful in obtaining grants for a number of municipalities. If needed, we can also provide insight into the opportunities available and the procedures required to obtain funding. Other Related Services. As a full-service engineering consulting firm, Kimley-Horn’s project managers are backed by the resources and talents of a nationally ranked organization comprised of creative and results-oriented engineers, planners, economists, environmental specialists, and technicians. Today, as a fully integrated, multidisciplined consulting firm, we offer a variety of in-house services, including: Highway and street design Pavement rehabilitation and design Water, sewer, and stormwater line replacement and design Potable water and wastewater engineering C.10 compliance Stormwater management Hydrology/hydraulic studies Stormwater Pollution Preventions plans (SWPPP) Transportation engineering/planning Traffic operations Parking analysis and design Traffic signal systems Development and site plan review Environmental permitting, assessment, and remediation Landscape architecture and urban design Program development and management Complete street design ADA compliance Traffic Committee and Litigation Support. Our team will prepare engineering reports in response to requests for traffic calming and traffic control device installations and modifications such as stop signs, speed bumps, crosswalks, left-turn phasing, traffic channelization, speed zones and traffic safety. We will also provide technical support to the City’s attorneys in litigation cases involving traffic safety issues. Adherence to City Codes and Standards. We will implement ordinances, resolutions, and other directives in accordance with the responsibilities of Traffic Engineer as outlined in City Municipal Code and in accordance with the California Health and Safety Code. Project Management Approach Our approach to on-call services is to provide a team of specialists that can be available to the City as project needs arise. Once the City identifies the project, Kimley-Horn will review the requirements and identify the necessary experience needed. A task lead (project manager) will be selected to meet the project requirements. The project manager will coordinate with various team members and available local firm specialists to complete the proposed work plan. Kimley-Horn will propose a team with the knowledge and availability to complete the project. Focusing on the scope and assumptions to clarify the project elements required, we will confirm these elements with the City to make sure there is a comprehensive understanding of the project requirements. The task lead (project manager) will then execute the work plan to completion. In executing our scope of services, we focus on the following items: Effective and Proactive Communication. Sowmya Chandrasekhar, P.E., T.E., PTOE will be your single point of contact throughout the contract. Sowmya and the task leads will continually inform City staff of work status through phone conversations and/or e-mail dialog. Formal project status reports will be compiled and distributed with the monthly invoices, depending on the project needs. Regularly scheduled Project Development Team (PDT) meetings will also be held with key project staff to coordinate work progress, discuss issues, and gain input from the City as the project progresses. Meeting minutes will be documented by Kimley-Horn and distributed. Internal Quality Control and Quality Assurance (QC/QA). Since our founding, Kimley-Horn has aggressively pursued a commitment to quality for every task, deliverable, and service we provide. Recognizing the critical importance of careful quality control, we have developed a QC/QA manual that every project manager is required to use—helping to make sure we provide high-quality services that satisfy the City’s needs. Kimley-Horn employees and our project teams share this commitment to providing quality, responsive service. A project specific QC process will be defined by the project team to make sure the quality control plan is adhered to. This requires that an adequate budget and schedule be maintained to complete the QC/QA reviews. Schedule Cost Control. Meeting schedules and budgets is a high priority for Kimley-Horn. Critical elements in maintaining schedules and achieving work goals include a clear definition of the responsibilities of team members and ongoing communication. We will manage and administer the contract and commit the necessary resources to complete the project per the original scope, schedule, and cost. Proposal for Professional On-Call Traffic and Transportation Engineering Services 4.14.c Packet Pg. 457 City of Diamond Bar, Department of Public Works  TROC96015.2021  5 4. PROJECT TEAM We have updated our team structure to reflect additional staff capabilities and resources, and to provide a team that continues to be committed to working with the City of Diamond Bar. Project manager Sowmya Chandrasekhar, P.E., T.E., PTOE, will serve as the City’s primary point of contact for future assignments. She will be responsible for allocating Kimley-Horn resources to meet the requirements of each project, attending meetings with City Staff, providing City Traffic and Transportation Engineering Services, and confirming timely performance of the Kimley-Horn team. All the members of this team are experienced in providing on-call engineering services and are immediately available to work with the City. As requested in the City’s RFP we have provided resumes on the following pages and hourly rates as a separate attachment. Organizational Chart CIP/Geometric/Traffic Signal Design and Plan Check Sowmya Chandrasekhar, P.E., T.E., PTOE Task Manager Nicole Dias, P.E. Roxannabelle Perfecto, P.E. Grant Applications Alyssa Phaneuf, P.E. Traffic Data Collection National Data and Surveying Services* Counts Unlimited* Planning Support - Environmental/ Traffic Study Review Jason Melchor, P.E. Task Manager Zach McFann, P.E. Laura Forinash, T.E. Construction Administration Sowmya Chandrasekhar, P.E., T.E., PTOE Matt Stewart, P.E. Traffic Operations, ITS, ATMS, and ATCS Support Brian Sowers, P.E. Task Manager Kevin Aguigui, P.E., T.E., E.E., CSEP Kwasi Akwabi, P.E. Matt Stewart, P.E. Principal-in-Charge Robert D. Blume, P.E. QC/QA Manager Sri Chakravarthy, P.E., T.E. Project Manager Sowmya Chandrasekhar, P.E., T.E., PTOE *Subconsultants Proposal for Professional On-Call Traffic and Transportation Engineering Services 4.14.c Packet Pg. 458 City of Diamond Bar, Department of Public Works  TROC96015.2021  6 Proposal for Professional On-Call Traffic and Transportation Engineering Services Professional Credentials • Bachelor of Science, Civil Engineering, California State University, Chico • Professional Civil Engineer in California #C39419Bob specializes in complex, high-profile highway and interchange projects that integrate planning, design, stakeholder involvement, multi-agency partnership, and funding/financing. For more than 30 years, he has served as a project manager, a highway design specialist, and planning, management, and design consultant for more than 50 cities and agencies throughout California. Bob has significant experience in managing multidiscipline teams, developing and implementing work plans and objectives, and managing scope and budget. He brings a wealth of accomplishments to the table, including his extensive history in Southern California. In addition, Bob has managed, designed, or overseen construction for dozens of interchanges throughout California. Relevant Experience On-Call Civil and Traffic Engineering Services, Diamond Bar, CA – Principal-in-Charge On-Call Services, Lancaster, CA – Contract Manager At-Grade Rail Crossing Improvements, Lancaster, CA – Project Manager LA Metro, SR 138 PA&ED, Los Angeles County, CA – Project Manager US 101/23 Interchange PS&E, Thousand Oaks, CA – QC/QA Reviewer Avenue J/SR 138 (SR 14) Interchange Improvements PA&ED and PS&E, Lancaster, CA – Project Manager Robert D. Blume, P.E. Principal-in-Charge Sowmya has more than 13 years of professional experience as a transportation engineer, and is experienced in traffic signal designs, illumination designs, temporary/permanent traffic control plans, traffic control warrant analyses, corridor operational analyses, traffic impact analyses, parking studies, pedestrian studies, crash analyses, and innovative intersection improvements. Sowmya has provided support for the development of transportation simulation models, preparation of grant applications, and review of connected vehicle applications for agencies. Relevant Experience On-Call Civil and Traffic Engineering Services, Diamond Bar, CA – Senior Project Engineer On-Call Traffic and Civil Engineering Services, Malibu, CA – Project Engineer On-Call Traffic Engineering Services, Agoura Hills, CA – Project Engineer Pacific Coast Highway (PCH) Signal System Improvements Project, Malibu, CA – Project Engineer Design of Traffic Signal Communication System Upgrade, Ventura, CA – Project Engineer 710 North Arterial and I-10 Interchange Improvements, Alhambra, CA – Project Engineer Health District Street Improvements and Street Lighting, Lancaster, CA – Project Engineer Pedestrian Gap Closures and Street Lighting, Lancaster, CA – Project Engineer On-Call Transportation Engineering Services, Buena Park, CA – Project Manager* On-Call Professional Engineering Services, Thousand Oaks, CA – Project Manager* *Prior to joining Kimley-Horn Professional Credentials • Master of Science, Civil Engineering, Missouri University of Science & Technology • Bachelor of Science, Civil Engineering, Visvesvaraya National Institute of Technology, India • Professional Engineer in California #83100 • Professional Traffic Engineer in California #2760 • Professional Traffic Operations Engineer #3323 • Professional Engineer in Texas #109776 Sowmya Chandrasekhar, P.E., T.E., PTOE Project Manager; CIP/Geometric/Traffic Signal Design and Plan Check Task Manager; Construction Administration 4.14.c Packet Pg. 459 City of Diamond Bar, Department of Public Works  TROC96015.2021  7 Proposal for Professional On-Call Traffic and Transportation Engineering Services Professional Credentials • Bachelor of Science, Civil Engineering, San Diego State University • Professional Engineer in California #86490Nicole has been supporting the design of multidisciplinary roadway and transit projects across Southern California for more than nine years. She has supported a wide range of projects, from local roadway improvements to major interchange projects, and feasibility studies to final design and construction phase services. Her emphasis has been on street improvement design, utility design, grading, and transit feasibility studies. She has also worked extensively in both AutoCAD Civil 3D and MicroStation/InRoads and is able to work efficiently in either software. Relevant Experience On-Call Civil and Traffic Engineering Services, Diamond Bar, CA – Project Engineer On-Call Traffic and Civil Engineering Services, Malibu, CA – Project Engineer LA Metro, SR 138 PA&ED, Los Angeles County, CA – Project Engineer Avenue J/SR 138 (SR 14) Interchange Improvements PA&ED and PS&E, Lancaster, CA – Project Engineer Kanan Road/Agoura Road Ultimate Intersection Improvements Project, Agoura Hills, CA – Project Engineer LA Metro, Willowbrook/Rosa Parks Station Improvement Project Design and Engineering Services, Los Angeles, CA – Analyst I-5/Genesee PA&ED, PS&E, and Construction Phase Services, San Diego, CA – Analyst Nicole Dias, P.E. CIP/Geometric/Traffic Signal Design and Plan Check Professional Credentials • Master of Science, Civil Engineering, Louisiana State University • Bachelor of Science, Civil Engineering, Kakatiya University, India • Professional Civil Engineer in California #73629 • Professional Traffic Engineer in California #2531 Sri is a professional civil and traffic engineer with more than 17 years of extensive transportation engineering and planning experience, including engineering and traffic surveys, traffic signal design and signal timing (over 1,000 intersections), ITS, traffic impact analysis, and transportation modeling. He has managed both small and large projects for clients throughout Southern California, serving recently as the project manager for the City of Malibu Engineering On-Call. Sri has served as a project manager and key staff member for many transportation studies, traffic signal control system design and implementation projects, and on-call traffic engineering services. He has extensive knowledge of Traffix, Synchro, CORSIM©, TransCAD 4.5, MicroStation, AutoCAD, and Systat 10. Relevant Experience On-Call Civil and Traffic Engineering Services, Diamond Bar, CA – Project Manager On-Call Traffic Engineering Services, Agoura Hills, CA – Project Engineer On-Call Traffic and Civil Engineering Services, City of Industry, CA – Project Engineer OCTA, On-Call Traffic Engineering Services, Orange County, CA – Project Manager On-Call General Engineering Services, Santa Clarita, CA – Project Engineer Multi-Year Professional Services, Lancaster, CA – Project Engineer Kanan Road/Agoura Road Ultimate Intersection Improvements Project, Agoura Hills, CA – QC/QA Reviewer Glenoaks Boulevard Traffic Signal Modification, Glendale, CA – QC/QA Reviewer Sri Chakravarthy, P.E., T.E. QC/QA Manager 4.14.c Packet Pg. 460 City of Diamond Bar, Department of Public Works  TROC96015.2021  8 Proposal for Professional On-Call Traffic and Transportation Engineering Services Professional Credentials • Bachelor of Science, Civil and Environmental Engineering, University of California, Los Angeles • Professional Engineer in California #90466 Zach is a professional civil engineer with experience in traffic engineering and intelligent transportation systems (ITS) design, planning, and analysis projects. His experience includes traffic signal design, signal interconnect design, signing and striping design, planning level traffic studies, lighting analysis, fiber-optic master planning, and contractor maintenance management. Zach has worked on a variety of projects in which he was involved with traffic intersection modeling and controller programming, traffic signal design, communication block diagrams and fiber-optic splice diagrams, data collection and field review, preparation of design plans using AutoCAD and MicroStation, and cost estimation. He has extensive experience with AutoCAD, AGI32, Synchro, HCS, ArcGIS, MicroStation, and Excel software packages. Relevant Experience On-Call Civil and Traffic Engineering Services, Diamond Bar, CA – Analyst Kanan Road/Agoura Road Ultimate Intersection Improvements Project, Agoura Hills, CA – Analyst Metropolitan Transportation Commission, I-880 Express Lanes, Oakland, CA – Analyst ITS Phase IV, Santa Clarita, CA – Analyst Pacific Coast Highway (PCH) Signal System Improvements Project, Malibu, CA – Analystr Santa Anita Avenue Corridor Traffic Signal Improvement Design, Arcadia, CA – Analyst Studebaker Road Traffic Signal Synchronization Project (TSSP), Norwalk, CA –Analyst Norwalk Boulevard Street Improvement, Artesia, CA – Analyst SR 138 PA&ED, North Los Angeles County, CA – Analyst Stop Sign Evaluation and Traffic Calming Study, Santa Monica Mountains Conservancy, Santa Monica, CA – Analyst Zach McFann, P.E. Planning Support – Environmental/Traffic Study Review Professional Credentials • Bachelor of Science, Civil Engineering, California State Polytechnic University, Pomona • Professional Engineer in California #88942 Roxannabelle has engineering design and CADD experience in roadway design, traffic engineering, and land development. Her experience includes street improvement design, traffic and intersection analyses, traffic control design, and striping design for both public and private sector clients. Relevant Experience On-Call Civil and Traffic Engineering Services, Diamond Bar, CA – Project Engineer PCH (Route 1) Mobility Improvements at Various Locations, Malibu, CA – Project Engineer Pavement Management Systems, Agoura Hills, CA – Project Engineer Alondra Boulevard Traffic Signal Improvements, Norwalk, CA – Project Engineer Kanan Road/Agoura Road Ultimate Intersection Improvements Project, Agoura Hills, CA – Analyst Computerized Traffic Signal System and ATMS Implementation, Agoura Hills, CA – Analyst Intersection Warrant Analysis and Traffic Signal Evaluation and Design Services for Workman Avenue and Hollenbeck Avenue Intersection, Covina, CA – Analyst Traffic Circulation, and Signal Operations for Foothill Boulevard and Angeles Crest Highway, La Canada Flintridge, CA – Analyst Roxannabelle Perfecto, P.E. CIP/Geometric/Traffic Signal Design and Plan Check 4.14.c Packet Pg. 461 City of Diamond Bar, Department of Public Works  TROC96015.2021  9 Proposal for Professional On-Call Traffic and Transportation Engineering Services Professional Credentials • Bachelor of Science, Civil Engineering; Specialization in Transportation, University of California, Irvine • Professional Engineer in California #C65218 Jason is a professional engineer with more than 20 years of experience in traffic engineering and transportation planning. He has worked with clients in Los Angeles, Orange, Riverside, and San Diego counties to complete traffic impact studies and perform the technical analysis for a variety of transportation planning projects, parking studies, transit analysis, site plan reviews, and circulation studies. His traffic engineering experience includes traffic signal design, signing and striping, traffic control, and signal interconnect design plans. He has acted as in-house staff for the cities of Irvine and Huntington Beach to review development studies and design plans. In this role, Jason worked directly with developers and City staff to provide comments on plan and document submittals. Jason also has experience working with a variety of traffic engineering software programs and computer design packages. Relevant Experience On-Call Traffic and Parking Impact Studies, Glendale, CA – Project Engineer On-Call Traffic Engineering, Plan Checking, Design Services, Orange, CA – Project Manager On-Call Traffic Engineering Services, Anaheim, CA – Project Manager On-Call Traffic Plan Check Services, Anaheim, CA – Project Manager On-Call Traffic Engineering Services, Downey, CA – Project Engineer On-Call Traffic Engineering Services, Riverside County, CA – Project Manager On-Call Engineering Services, Glendale, CA – Project Engineer Jason Melchor, P.E. Planning Support – Environmental/Traffic Study Review Task Manager Professional Credentials • Master of Science, Civil Engineering, Georgia Institute of Technology • Bachelor of Science, Civil Engineering, Georgia Institute of Technology • Professional Traffic Engineer in California #2818 Laura is a professional traffic engineer with traffic operations and transportation engineering experience ranging from small design projects and task orders to large design-build environments; background encompasses traffic analysis, design and simulation, and transportation planning. Prior to joining Kimley-Horn, Laura served as technical lead for multimodal microsimulation models, traffic studies, and signing and marking design. Relevant Experience On-Call Traffic and Civil Engineering Services, Malibu, CA – Project Engineer On-Call Traffic Engineering Services, Agoura Hills, CA – Project Manager At-Grade Rail Crossing Improvements, Lancaster, CA – Project Engineer Kanan Road/Agoura Road Ultimate Intersection Improvements Project, Agoura Hills, CA – Project Engineer PCH (Route 1) Mobility Improvements at Various Locations, Malibu, CA – Project Engineer Fifth Street and Rice Avenue Grade Separation Traffic Operational Analysis Report, Oxnard, CA – Project Engineer Laura Forinash, T.E. Planning Support – Environmental/Traffic Study Review 4.14.c Packet Pg. 462 City of Diamond Bar, Department of Public Works  TROC96015.2021  10 Proposal for Professional On-Call Traffic and Transportation Engineering Services Professional Credentials • Bachelor of Science, Civil Engineering, California Polytechnic State University, San Luis Obispo • Professional Engineer in California #C6O296 • Former Instructor for UC Berkeley’s Institute of Transportation Studies “Advanced Traffic Signal Operations Course” Brian has nearly 25 years of experience providing a broad range of traffic and civil engineering services to public agencies. His experience includes signal timing and coordination (over 4,000 signals), signal design (over 250 signals), signal interconnect design, signal system design and evaluation, signing and striping design, street lighting design, minor civil improvement layout and design, pedestrian/bicycle studies, ramp metering studies, traffic operations and safety studies, and analysis and ITS design. Relevant Experience Procurement and Implementation Plan for Adaptive Traffic Control System (ATCS), Diamond Bar, CA – Project Engineer Pacific Coast Highway Signal System Improvements Project, Malibu, CA – QC/QA Reviewer El Toro Road Regional TSSP, Orange County, CA – QC/QA Reviewer Chapman Avenue Corridor TSSP, Orange County, CA – QC/QA Reviewer Newport Avenue North TSSP, Tustin, CA – QC/QA Reviewer Crown Valley TSSP, Orange County Transportation Authority, Orange County, CA – Project Engineer Brookhurst Street Corridor, Traffic Light Synchronization Program (TLSP), Orange County, CA – QC/QA Reviewer Oregon Expressway Improvement Project PS&E, Santa Clara County, CA – Project Manager Brian Sowers, P.E. Traffic Operations, ITS, ATMS, and ATCS Support Task Manager Professional Credentials • Bachelor of Science, Civil Engineering, University of Hawaii • Certificate with Distinction, Telecommunications and Network Engineering, University of California at Berkeley Extension • Professional Civil Engineer in California #48732 • Professional Traffic Engineer in California #1781 • Professional Electrical Engineer in California #19888 • Certified Systems Engineering Professional (CSEP) #00156 Kevin is a Senior Traffic, Systems, and Electrical Engineer with 28 years of extensive hands-on experience in planning and design of Transportation Management and Control Systems. He has been involved in the planning, design, integration and operations of numerous Traveler Information Systems that have included the evaluation, planning, design and integration of roadside dynamic and variable message signs connected to operations control centers. He has conducted Needs Assessments, prepared Concepts of Operations and the detailed PS&E documents for every type of element contained within Transportation Management Systems. He has also played active roles in the integration of field elements into the central systems including video and data connections and distribution systems. His wide range of skills focuses on the utilization of systems engineering for the planning, design, deployment and integration of advanced technologies and electrical systems for transportation management. He also has specialized skills emphasizing technology assessments, communications networks, IT networking and electrical systems. Relevant Experience ITS and Traffic Signal Modification, Inglewood Stadium, Inglewood, CA – Project Engineer Real-Time Beach Parking Project, Santa Monica, CA – Communications System Engineer Real Time Parking Information System (formerly known as Design, Implementation, and Integration of a DMS), Culver City, CA – Project Engineer Pasadena SAFETEA-LU, Parking Guidance and Information Systems Integrator, Manager, and Design (TMC), Pasadena, CA – Project Manager Kevin G. Aguigui, P.E., E.E. Traffic Operations, ITS, ATMS, and ATCS Support 4.14.c Packet Pg. 463 City of Diamond Bar, Department of Public Works  TROC96015.2021  11 Proposal for Professional On-Call Traffic and Transportation Engineering Services Professional Credentials • Bachelor of Science, Civil Engineering, University of California, Davis • Professional Engineer in California #73863Kwasi is a civil engineer with more than 16 years of experience on a variety of traffic engineering, traffic signal design and ITS projects. He has specialized experience in adaptive traffic signal system design, traffic operations, signal design and modification, signal interconnect design, communications network design, and communications network implementation and testing for various municipalities, and agencies throughout California. His experience includes corridor studies, signal warrant analyses, design concept reports, pedestrian/ safety studies, accident analysis, traffic signal design, public outreach, advanced traveler information systems, ITS communications interconnect design, freeway mainline metering, freeway ramp metering, and various other transportation related projects. Relevant Experience Procurement and Implementation Plan for Adaptive Traffic Control System (ATCS), Diamond Bar, CA – Project Engineer North Fremont Street Bike and Pedestrian Access and Safety Improvements, Monterey, CA – Project Engineer Caribbean Drive Parking and Trail Access Enhancements, Sunnyvale, CA – Project Manager Shoreline Boulevard and Villa Street Traffic Signal and Pedestrian Crossing Enhancements, Mountain View, CA – Project Manager Airport Way and Sonora Street Pedestrian Signal Installation, Stockton, CA – Project Manager Davis Road and Wagner Heights Road Traffic Signal Installation, Stockton, CA –Project Manager Davis Street and Carpentier Street HAWK Signal Project, San Leandro, CA – Project Manager El Monte and Marich Way Pedestrian Improvements, Mountain View, CA – Project Manager Kwasi Akwabi, P.E. Traffic Operations, ITS, ATMS, and ATCS Support Professional Credentials • Master of Science, Transportation Engineering, University of California, Berkeley • Bachelor of Science, Civil and Environmental Engineering, University of California, Los Angeles • Professional Engineer in California #90465 Matt has experience in traffic engineering, transportation planning, and traffic safety analysis. His experience includes traffic signal operations and design, ITS design, crash data analysis, and traffic impact analysis. Most recently, he worked on two traffic signal synchronization projects in Orange County, specifically Chapman Avenue in Garden Grove and Orange and on El Toro Road in Lake Forest and Mission Viejo. Matt has experience in data collection and field review, traffic signal timing optimization, traffic management center (TMC) and controller cabinet timing implementation, finetuning, and corridor before and after studies. Relevant Experience On-Call Traffic Engineering, South Gate, CA – Assistant City Traffic Engineer Traffic Signal Design at Thousand Oaks Boulevard/Argos Street, Agoura Hills, CA – Analyst ITS Phase IV, V, and VII, Santa Clarita, CA – Project Engineer PCH (Route 1) Mobility Improvements at Various Locations, Malibu, CA – Analyst Pacific Coast Highway Signal System Improvements Project, Malibu, CA – Analyst Chapman Avenue Corridor Traffic Signal Synchronization Project, Orange County, CA – Analyst Landing at Riverpark Traffic Signal Design, Oxnard, CA – Analyst Design of Traffic Signal Interconnect Improvements City Projects 13-305-014 & 13-308-015, Rancho Mirage, CA – Analyst Matt Stewart, P.E. Traffic Operations, ITS, ATMS, and ATCS Support; Construction Administration 4.14.c Packet Pg. 464 City of Diamond Bar, Department of Public Works  TROC96015.2021  12 Proposal for Professional On-Call Traffic and Transportation Engineering Services Professional Credentials • Master of Science, Civil Engineering, Transportation, Georgia Institute of Technology • Master of City and Regional Planning, Georgia Institute of Technology • Bachelor of Science, Civil and Environmental Engineering, University of California, Berkeley • Professional Engineer in California #63123 Alyssa has more than 20 years of experience in various ITS and traffic engineering projects and transportation planning projects, including regional ITS planning and systems engineering. She has experience on a wide variety of ITS projects including the planning and implementation of advanced traffic signals systems, transit signal priority, transit AVL, changeable message design, and parking guidance projects. She has developed and taught a training course for Systems Engineering for ITS projects sponsored by Caltrans and FHWA. She has developed numerous SEMPs and Concept of Operations for cities throughout California for ITS projects with a wide range of complexity. Relevant Experience Pacific Coast Highway (PCH) Signal System Improvements Project, Malibu, CA – Project Engineer ITS and Traffic Signal Modification, Inglewood Stadium, Inglewood, CA – Project Engineer Real-Time Beach Parking Project and DMS, Santa Monica, CA – Project Engineer Real-Time Parking Information System, Culver City, CA – Project Manager Pasadena SAFETEA-LU, Parking Guidance and Information Systems Integrator, Manager, and Design, Pasadena, CA – Project Engineer Transit Priority System Phase 2/ATMS Phase 3, Santa Monica, CA – Project Engineer Downtown Parking Technology Implementation, San Mateo, CA – Project Engineer SVRTA Parking Technology (PARCS) Phase 2, San Jose, CA – Project Engineer Alyssa Phaneuf, P.E. Grant Applications Kevin has amassed a great deal of experience in every aspect of the data collection industry. His specialties include field operations, administrative operations, program development, R&D, and companywide quality control. He has successfully managed over 20,000 projects from inception to completion which have at times included customized study development as well as customized deliverables. Relevant Experience OCTA (Orange County Transportation Authority) • 200 (3-Day) Turning movement counts • 12,000 miles of travel time runs SCAG (Southern California Association of Governments) • 546 ADT’s (Split between Volume & Classification) • 8 Wavetronix Radar Locations City of Los Angeles • 25 (6-Hour, 2-Day) Turning movement counts • 40+ Speed & Classification ADT’s Professional Credentials • Bachelor of Science, Production and Engineering Kevin Deal Traffic Data Collection 4.14.c Packet Pg. 465 City of Diamond Bar, Department of Public Works  TROC96015.2021  13 5. OUR EXPERIENCE The City of Diamond Bar needs a consultant with the experience and commitment to deliver highly responsive service—Kimley-Horn has been doing just that for municipal clients since our founding more than 54 years ago. Kimley-Horn has an extensive history of completing as- needed, on-call projects successfully by quickly mobilizing and committing necessary resources, taking ownership of the project, maintaining the project schedule, obtaining team consensus, developing accurate construction cost estimates, and delivering quality technical submittals. The City can take advantage of our thorough understanding of the issues involved in on-call contracts from our lessons learned from on-call contracts with various cities, counties, and state DOTs. From these projects, we have developed strong relationships and a high level of trust. Our clients know that with Kimley-Horn, they experience better. How do we know this? They consistently tell us we deliver remarkable results and we’re really good to work with—and we live for that. We invite you to contact them personally regarding our work history and quality of service. Southern California On-Call Contracts Caltrans (includes District 7 • District 8 • District 11 • District 12) • City of Agoura Hills • City of Anaheim • City of Artesia • City of Burbank • City of Carlsbad • City of Chino • City of Chino Hills • City of Chula Vista • City of Colton • City of Compton • City of Culver City • City of Diamond Bar • City of Downey • City of Fontana • City of Fullerton • City of Glendale • City of Huntington Beach • City of Imperial Beach • City of Indian Wells • City of Industry • City of Irvine • City of La Mesa • City of Lancaster • City of Los Angeles • City of Malibu • City of Menifee • City of Moreno Valley • City of National City • City of Newport Beach • City of Palmdale • City of Palm Springs • City of Pasadena • City of Pico Rivera • City of Pomona • City of Poway • City of Rancho Cucamonga • City of Riverside • City of San Clemente • City of San Marcos • City of Santa Ana • City of Santa Clarita • City of Santa Monica • City of Simi Valley • City of Thousand Oaks • City of Vista • City of West Hollywood • County of Imperial • County of Kern • County of Los Angeles • City of Orange • County of Riverside • County of San Diego • County of Ventura • Los Angeles County Metropolitan Transportation Authority • Metropolitan Transportation System (MTS) • North County Transit District (NCTD) • Orange County Transportation Authority (OCTA) • San Diego Association of Governments (SANDAG) • San Diego Unified Port District • Western Riverside Council of Governments (WRCOG) 12 12 8 11 7 SAN BERNARDINO KERN RIVERSIDE SAN DIEGO IMPERIAL ORANGE LOS ANGELESVENTURA ••City On-Call Agency On-Call ••Caltrans District On-Call Proposal for Professional On-Call Traffic and Transportation Engineering Services Professional Credentials • Bachelor of Arts, Business Administration, Management/ Finance, California State University, Fullerton Kris specializes in the planning and management of large-scale traffic data collection projects for Counts Unlimited, Inc. Traffic data collection projects under his guidance include turning movement traffic counts, pedestrian/bicycle counts, mainline freeway counts, origin-destination studies, license plate studies, and parking surveys. Along with planning and execution of the projects, Kris plays a key role in collecting accurate data for each count project. In order to achieve the firm’s goals of the highest level of accuracy, he confirms that all employees receive extensive training and testing before being placed in the field for data collection. Relevant Experience Intersection Traffic Counts, Los Angeles County, CA – Project Manager Port of Los Angeles Comprehensive Traffic Study, San Pedro, CA – Project Manager OCTA Kraemer/Grand/Glassell TSSP, Orange County, CA – Project Manager Port of Long Beach Traffic Study, Long Beach, CA – Project Manager Annual Count Program/On-Call Services, Irvine, CA – Project Manager Kris Campos Traffic Data Collection 4.14.c Packet Pg. 466 City of Diamond Bar, Department of Public Works  TROC96015.2021  14 Comparable Work ?On-Call Traffic and Civil Engineering Services, Agoura Hills, CA Since 2009, Kimley-Horn has been providing on-call traffic and civil engineering services to the City of Agoura Hills. Kimley-Horn staff provide general on-call traffic engineering services, project management, staff augmentation and engineering services for a variety of infrastructure and capital improvement projects and city programs/services. The project types include, but are not limited to, the types listed below and include oversight of all work typically required for the successful delivery of the various types of projects: Intersection control studies including multi-way and traffic signal warrant analyses Conducting Engineering & Traffic Surveys Traffic engineering investigations, field review, and contact with citizens Safety studies and review of collision history at certain locations Street improvements/resurfacing/streetscape Traffic signal and electrical installations Analysis and review of potential roundabout installations Plan check and site visits Traffic study reviews Public works maintenance projects Roadway widening projects Contact: Ramiro Adeva, Assistant City Manager, City of Agoura Hills, 818.597.7353, radeva@ci.agoura-hills.us, 30001 Ladyface Court, Agoura Hills, CA 91301 ?On-Call Traffic and Civil Engineering Services, Malibu, CA Kimley-Horn has been providing on-call traffic engineering services to the City of Malibu since 2013. Services under this contract include conducting engineering and traffic surveys and recommending speed limit changes; performing intersection control studies including multi- way stop warrant and traffic signal warrant studies; review of complaints from citizens, performing field investigations, and contact with citizens; performing safety studies and reviewing collision history at intersections; completing reports and recommendations for preliminary, final, and construction design studies; preparation of construction PS&E; timing plan development for compliance with latest CA MUTCD guidelines and for optimizing flow along corridors; review of design standards for compliance with CA MUTCD and Caltrans guidelines; completing parking studies and feasibility/conceptual studies; collecting and analyzing traffic data; and participating in meetings with City staff associated with various development and improvement projects. Due to the high-quality services provided by Kimley-Horn, our contract was expanded to include Civil Engineering Services. As extension to the City staff, Kimley-Horn staff performs the following on a regular basis: Intersection control studies including multi-way stop and signal warrant analyses Conducting Engineering & Traffic Surveys Preparation of construction PS&E for traffic signal and roadway improvements Performing review of development project reports, grading, utility and construction plans Feasibility/conceptual studies and reports and recommendations for preliminary, final, and construction design studies Applicable subconsultant and engineering disciplines Research of utilities and other records Collecting and analyzing traffic data Participating in meetings with City staff associated with various development and improvement projects Contact: Rob Duboux, Assistant Public Works Director, City of Malibu, 310.456.2489 x339, rduboux@malibucity.org, 23825 Stuart Ranch Road, Malibu, CA 90265 ?On-Call Traffic and Civil Engineering, Lancaster, CA Over the past 6 years, the Kimley-Horn team has worked on several projects with the City of Lancaster. These projects have included the planning/traffic operations analysis/design for the Lancaster Health District, Lancaster Master Plan of Complete Streets (MPCS), Measure R Highway Program Management (including projects for Avenues G, J, K, L, and M), traffic operations analysis and traffic design for Avenues J, L, and M, At-Grade Rail Crossing Improvements, Citywide Pedestrian Gap Closure Project, and Avenue K & 35th traffic signal improvements, and Lancaster Systemic Safety Analysis Report Program (SSARP). For each of these projects, we have completed traffic engineering and traffic analysis related tasks. We completed preliminary engineering, supporting vehicle miles traveled (VMT) analysis, safety analysis, traffic signal analysis, developing conceptual plans, traffic signal design, interconnect design, signing and striping design, roundabout design, at-grade rail crossing signal design, report preparation, coordination with stakeholders, and public outreach. Contact: Trolis Niebla, P.E., Senior Manager/City Engineer, City of Lancaster, 661.945.6860, niebla@cityoflancasterca.org, 44933 Fern Avenue, Lancaster, CA 93534 Proposal for Professional On-Call Traffic and Transportation Engineering Services 4.14.c Packet Pg. 467 City of Diamond Bar, Department of Public Works  TROC96015.2021  15 References U Justin Link, P.E., T.E., QSD/P, Principal Engineer, Simi Valley, 805.583.6884, JLink@simivalley.org, 2929 Tapo Canyon Road Simi Valley, CA 93063 U Nabil Henein, Director of Public Works/City Engineer, Buena Park, 714.562.3670; nhenein@buenapark.com, 6650 Beach Boulevard, Buena Park, CA 90621 U Ramiro Adeva, Assistant City Manager, City of Agoura Hills, 818.597.7353, radeva@ci.agoura-hills.us, 30001 Ladyface Court, Agoura Hills, CA 91301 6. REQUIRED STATEMENTS Statement Accepting Terms We accept the terms and conditions for this contract. Statement of Availability The Kimley-Horn team has the capability to respond effectively and efficiently to the services anticipated with the City’s On-Call contract. Our proposed project manager and staff for this project have the capacity available to commit the resources required. Key Staff Availability Sowmya Chandrasekhar, P.E., T.E., PTOE 60% Sri Chakravarthy, P.E., T.E.30% Robert D. Blume, P.E.20% Nicole Dias, P.E.30% Roxannabelle Perfecto, P.E.50% Zach McFann, P.E.50% Jason Melchor, P.E.30% Laura Forinash, T.E.50% Brian Sowers, P.E.30% Kevin Aguigui, P.E., T.E., E.E., CSEP 30% Kwasi Akwabi, P.E.30% Matt Stewart, P.E.50% Alyssa Phaneuf, P.E.30% Ruben Gallegos (NDS)30% Kris Campos (Counts Unlimited)30% Proposal for Professional On-Call Traffic and Transportation Engineering Services 4.14.c Packet Pg. 468 Contact: Sowmya Chandrasekhar, P.E., T.E., PTOE sowmya.chandrasekhar@kimley-horn.com 213.354.9400 Kimley-Horn 660 South Figueroa Street Suite 2050 Los Angeles, CA 90017 www.kimley-horn.com 4.14.c Packet Pg. 469 Agenda #: 4.15 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONSULTANT SERVICES AGREEMENT WITH PRINCE GLOBAL SOLUTIONS, LLC THROUGH JUNE 30, 2022. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Mayor to sign, the Consulting Services Agreement with Prince Global Solutions, LLC for Federal advocacy services related to the SR -57/SR-60 Confluence Project through June 30, 2022. FINANCIAL IMPACT: The total not-to-exceed amount of the Consultant Services Agreement is $50,500. The amount is based on a monthly retainer of $4,000, plus up to $2,500 in direct expenses. Sufficient funds are included in the Fiscal Year 2021/22 budget for such services. BACKGROUND/DISCUSSION: Constructed in the 1970s, the two-mile-long stretch of State Route (SR)-57/SR-60 confluence is the third worst congested freeway segment in California, and the sixth worst in the U.S., serving more than 100 million vehicles per year and transporting nearly $4 billion dollars of goods. For these reasons, completing improvements to the SR-57/SR-60 confluence is important for regional mobility and the economic vitality of the region. Diamond Bar residents are directly impacted by the congestion and issues that the confluence area has been facing for decades and the City has a vested interest in solving those issues. In 2008, with the Federal advocacy work provided by Kevin Jones of Prince Global Solutions, LLC (Consultant), the City of Industry and the City of Diamond Bar began the joint efforts to solve this problem. The Consultant has been providing Federal advocacy services directly to the City since 4.15 Packet Pg. 470 August 2017. The main focus of the Consultant’s services has been on the City’s efforts in collaboration with the local, regional, and federal partners on securing funds and support for the State Route SR-57/SR-60 Confluence Project (Project). To ensure that the Project progresses without a suspension, staff has been actively pursuing funding opportunities to expedite the Project delivery. Phase I and II of the Project have been completed and Phase III is in the design phase. Phase III includes the construction of a new Grand Avenue Bridge over the SR -60, along with the freeway mainline improvements and bypass connectors. After the Phase III of the Project gets fully funded and is ready for construction, the City will decide on turning its focus to the missing Westbound SR-60 Direct Connector to Grand Avenue component that was recommended by a 2017 SR-57/SR-60 Confluence Project Supplemental Need Study supported by the City and other local and regional agencies and implemented by Southern California Association of Governments (SCAG). On July 16, 2020, the City Council approved an agreement with the consult ant for Federal advocacy services related to the Project. That agreement is set to expire on June 30, 2021. As a continuation of the advocacy work and consistent with the City’s 2021-2024 Strategic Plan, in response to the City’s request, the Consultant su bmitted a proposal (Exhibit “A”). The Consultant’s proposed scope of work for the Fiscal Year 2021/22 includes, but is not limited to, the following: 1. Continue working closely with the San Gabriel Valley Congressional delegation, Senate and House Transportation Committee staff, Department of Transportation officials, and relevant stakeholder groups on matters which are relevant to the SR-57/SR-60 Confluence Project and other City transportation priorities; 2. Support the pending application of the Project for freight funding from the Infrastructure for Rebuilding America (INFRA) Program and prepare for subsequent applications, as appropriate; 3. Support future applications for funding from the US Department of Transportation (USDOT) discretionary grant programs; 4. Monitor and engage Congressional consideration of transportation infrastructure legislation, including, but not limited to, annual transportation appropriations bills, the reauthorization of the expiring Fixing America's Surface Transportation Act (FAST Act), and President Biden's American Jobs Plan that includes a $2 trillion infrastructure proposal; 5. Continue advocating other policy measures and legislation that will assist the City in securing Federal support for the Project and other transportation prior ities as they arise; 6. Consider and monitor other legislation, regulations, and agency actions that would benefit the City; 7. Consider and coordinate Congressional and USDOT site visits to the City, SR57/SR60 Confluence Project areas and otherwise as appropriate; and 8. Plan and coordinate the City visits to Washington, DC and recommend other visits as necessary. Accelerating the completion of the Project is critically important to our region and Diamond Bar residents. Therefore, it remains to be the City’s highe st priority freight highway improvements project. Staff plan to continue working with USDOT, California 4.15 Packet Pg. 471 Department of Transportation, Los Angeles County Metropolitan Transportation Authority, and other partners and advocate to fill any funding cap and ensu re that the Project progresses without a suspension. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.15.a Consulting Services Agreement (Prince Global, LLC) 4.15 Packet Pg. 472 1 Professional Services – Non-Design CONSULTANT SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 15, 2021 by and between the City of Diamond Bar, a municipal corporation ("City") and Prince Global Solutions, LLC ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expe rtise of its principals and employees. Director of Public Works/City Engineer (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Con sultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager. 2. Term of Agreement. This Agreement shall take effect July 1, 2021 and shall continue until June 30, 2022 ("Term"), unless earlier terminated pursuant to the provisions herein. 3. Compensation. A. City agrees to compensate Consultant for services which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". B. The City shall pay Consultant a retainer in monthly increments of $4,000,00. C. Total payment to Consultant pursuant to this Agreement shall not exceed Fifty thousand five hundred ($50,500) without prior written consent of the City. This amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. D. Notwithstanding the above, if the City requests Consultants to travel, Consultant shall, upon submission of receipts evidencing the cost incurred, be paid for necessary and reasonable travel expenses in an amount not to exceed $2,500. 4.15.a Packet Pg. 473 2 Professional Services – Non-Design 4. Payment. A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. Payment will be made only after submission of proper invoices. D. City will pay Consultant the amount property invoiced within 30 days of receipt, which sum shall be paid within 30 days of completion of the work. E. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for 4.15.a Packet Pg. 474 3 Professional Services – Non-Design all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense, fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers' Compensation Act and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State 4.15.a Packet Pg. 475 4 Professional Services – Non-Design of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third -party indemnification rights of any kind. (3) To the fullest extent permitted by law, the Consultant agrees to indemnify and hold indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) A policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) Property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) Automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general l iability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agre es that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is 4.15.a Packet Pg. 476 5 Professional Services – Non-Design authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self -insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 4.15.a Packet Pg. 477 6 Professional Services – Non-Design 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall not be liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will b e performed by 4.15.a Packet Pg. 478 7 Professional Services – Non-Design Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportu nity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work during the term. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the dela y, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. 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. 4.15.a Packet Pg. 479 8 Professional Services – Non-Design 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to 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. 24. Reserved. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Prince Global Solutions, LLC P.O. Box 711572 Herndon, VA 20171 Attn.: Kevin Jones Phone: (202) 550-9800 E-mail: kevinprinceqlobalsolutions.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: Daniel Fox, City Manager Phone: (909) 839-7010 E-mail: DFox@DiamondBarCa.Gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County. 4.15.a Packet Pg. 480 9 Professional Services – Non-Design 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between 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 City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. “Consultant” “City” Prince Global Solutions, Inc. CITY OF DIAMOND BAR By: By: Printed Name: Kevin D. Jones, Esq. Nancy A. Lyons, Mayor Title: President and Sole Corporate Officer By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By: David A. DeBerry, City Attorney ''NOTE: if Consultant is a corporation, the City requires the following signature(s): ✓ the Chairman of the Board, the President or a Vice President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR ✓ The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. for 4.15.a Packet Pg. 481 Exhibit “A” 4.15.a Packet Pg. 482 Prince Global Solutions, LLC SCOPE OF WORK – FEDERAL ADVOCACY SERVICES CITY OF DIAMOND BAR 57/60 CONFLUENCE PROJECT AND OTHER MATTERS JULY 1, 2021 – JUNE 30, 2022 As a continuation of the Federal advocacy work that began in August 2017 and consistent with the City of Diamond Bar’s updated 2021-2024 Strategic Plan, the following Scope of Work (and Cost Statement) sets forth the City’s Federal goals and objectives, including, but not limited to, the pursuit of Federal funding and policy for the 57/60 Confluence Project. Through continuous engagement in Washington on Federal legislation and regulation, the Federal Budget, Federal funding and grants, Federal policy development and Federal Agency activity, the City will be promoting the development of a safe, sustainable and healthy Diamond Bar community through the efficient and visionary stewardship of public resources. Summary and Priority Actions This Scope of Work delineates the goals, priority actions, general legislative matters, day-to-day responsibilities and costs for the City of Diamond Bar’s (DB) Federal Government Affairs Representative -- Prince Global Solutions (PGS) -- from July 1, 2021 through June 30, 2022. PGS expects to focus on the following activities in furtherance of DB’s Washington objectives over the next calendar year. As always, this list may necessarily change during the course of the year: 1) Continue working closely with the San Gabriel Valley Congressional delegation, Senate and House Transportation Committee staff, Department of Transportation officials, and relevant stakeholder groups on matters which are relevant to the 57/60 Confluence Project and other DB transportation priorities. 4.15.a Packet Pg. 483 2 2) Support the pending 57/60 Confluence Project application for freight funding from the Infrastructure for Rebuilding America (INFRA) Program and prepare for subsequent applications, as appropriate; 3) Support future applications for funding from DOT discretionary grant programs; 4) Monitor and engage Congressional consideration of transportation infrastructure legislation, including, but not limited to, annual transportation appropriations bills, the reauthorization of the expiring Fixing America's Surface Transportation Act (FAST Act) and President Biden's American Jobs Plan that includes a $2 trillion infrastructure proposal; 5) Continue advocating other policy measures and legislation that will assist DB in securing Federal support for the 57/60 Project and other transportation priorities as they arise; 6) Consider and monitor other legislation, regulations and agency actions that would benefit DB; 7) Consider and coordinate Congressional and DOT site visits to DB, 57/60 Project areas and otherwise as appropriate; and 8) Plan and coordinate DB visits to Washington, DC and recommend other visits as necessary. 4.15.a Packet Pg. 484 3 Cost Statement – 2021-22 To accomplish the goals and objectives set forth in this Scope of Work, PGS proposes compensation in the form of a fixed fee monthly retainer of $4,000. If DB requires Kevin Jones to travel in furtherance of this Scope of Work, DB will reimburse PGS for necessary and reasonable travel expenses in an annual amount not to exceed $2,500. 4.15.a Packet Pg. 485 4 Legislative Matters and Day-to-Day Activities To support the above described Scope of Work, PGS will consider and monitor a variety of legislative matters, including, but not limited to, the following: 1. Reauthorization of Federal transportation law; 2. Consideration of Federal infrastructure investment legislation. 3. Federal appropriations-related measures; 4. Freight and goods movement initiatives; 5. Issues of significance to national trade gateways and trade corridors. 6. Measures to increase efficiency in transportation project development, delivery, design and construction; 7. Innovative financing proposals; 8. Consideration of public-private partnerships to support transportation projects; 9. Proposals to create new transportation loan and grant programs and to expand or constrict existing programs; 10. Transportation-related air quality and environmental review measures; and 11. At DB’s direction, other Federal matters that are pertinent to important local DB objectives and priorities. As described in detail below, PGS will keep DB informed about pertinent developments and propose options for direct actions in furtherance of DB’s objectives: Regular Communications, Strategy Formulation and Execution • Regularly communicate with DB staff on all matters, utilizing whatever means are preferred by DB and are most practicable under the circumstances. This will include telephone calls, e-mails, and text messages. • Agree upon strategic objectives with DB staff and modify as needed. • Regularly agree upon execution plans with DB staff. • Regular telephone conferences to provide updates on DC activities. • Provide a monthly summary of activities. Relationship Building and Maintenance • Scope of relationships with Congressional and Executive Branch staff is dictated by the strategy and execution plans approved by DB. • Establish general guidelines and priorities for regular interaction with such staff in consultation with DB. • Balance contacts with Congressional and Executive Branch staff • Coordinate the timing of these contacts. • Manage DC message points based on priorities set by DB. • Regular reporting to DB regarding the interaction with Congressional and Executive Branch staff. 4.15.a Packet Pg. 486 5 • Arranging regular interaction for Congressional and Executive Branch staff with DB officials wherever appropriate and possible. • Place particular emphasis on developing strong working relationships with DB’s Member of Congress and California Senators, as well as strategic alliances with other Members of the California Congressional delegation, especially those from DB’s region. Intelligence Gathering and Monitoring of Federal Legislation and Regulations • Accumulate information relevant to DB’s goals from: o Personal Interaction with Congressional and Executive Branch staff, (meetings, telephone conferences, and electronic communications), o Congressional hearings and markups and o Executive Branch rulemakings, announcements regarding Federal funding availability, webinars, etc... • Monitor, research and analyze pertinent Federal legislation. • Monitor, research and analyze pertinent Federal regulations. • Regularly analyze and report to DB on gathered intelligence. • Regularly analyze and report to DB on the status and substance of pertinent legislation and regulations. Monitoring, Analyzing and Pursuing Relevant Funding Opportunities • Actively monitor and analyze relevant Federal funding opportunities for DB at the Congressional and Executive Branch levels. • Advise DB of specific funding opportunities as they arise and recommend strategies for pursuing those opportunities. • Assist DB in the process of requesting and applying for Federal funding. • Provide strategic and logistical support for all requests and applications as appropriate. Monitoring, Analyzing and Impacting Relevant Policy Making Activities • Actively monitor and analyze legislative and regulatory initiatives, particularly those that may affect the allocation of relevant Federal funding. • Advise DB when it would be in its best interest to weigh in on such initiatives. • Devise strategies for engaging this process. Interaction with Trade Groups and Representation at DC Events • Serve as DB’s representative in connection with relevant trade associations and relevant DC events. • Strategize with DB about how best to leverage the relationship with an association and other organizations to further DB’s interests. • Provide information regarding DB and inform of DB policy positions. • Participate in strategy formulation that furthers DB’s best interests. • Work with DB to ensure that DB’s interests remain paramount throughout these interactions. 4.15.a Packet Pg. 487 6 Planning of DB Visits to Washington • At the direction of DB, propose and develop a schedule of meetings for DB officials in Washington as needed. • Agree upon substantive strategy and message points for each meeting. • Contact Congressional and Executive Branch staff to request meetings. • Gather intelligence from Congressional and Executive Branch staff while arranging meetings to assist in strategy formulation and crafting message points. • Adjust meeting schedule as necessary based on intelligence gathered. • Coordinate timing of meetings. • In consultation with DB, prepare and distribute white papers and other materials that will inform Federal officials about issues to be discussed during the meetings. Planning of Visits to DB by Congressional Members, Executive Branch Officials and their Respective Staffs • As appropriate and practicable, propose and coordinate visits to DB by Federal officials to provide them with first hand exposure to various priority issues of Federal import affecting DB. • Work with DB to identify prospective visits. • Extend invitations and work with DB to plan agendas and logistics. • Agree upon substantive strategy and message points for the visits. 4.15.a Packet Pg. 488 Agenda #: 4.16 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SECOND AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE CARE AND MAINTENANCE SERVICES THROUGH JUNE 30, 2022. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Mayor to sign, the Second Amendment to the Maintenance Services Agreement with West Coast Arborists, Inc. FINANCIAL IMPACT: The amended total not-to-exceed amount of the Agreement for the Fiscal Year 2021/22 would be $350,813. Sufficient funds are included in the Public Works Department Fiscal Year 2021/22 operating budget to cover the cost of such services. BACKGROUND/DISCUSSION: The City is responsible for the maintenance of an urban forest comprised of over 12,300 trees. To effectively maintain and manage the urban forest, approximately 2,500 trees are pruned annually to ensure that all City-owned trees are pruned every five (5) years. Maintenance responsibilities include the daily maintenance, management, and emergency services for the urban forest. Maintenance services are completed on an annual, scheduled cycle for tree pruning as well as as-needed service requests for tree pruning. Additional services include tree planting, tree removals, and emergency response services. On June 16, 2018, the City entered into the current Maintenance Services Agreement (Agreement) with West Coast Arborists, Inc. (WCA). On March 5, 2019, the City and WCA entered into the First Amendment to the Agreement to add additional funding for pest control services due to an insect infestation. Consistent with Section 2 of the Original Agreement, Term of the Agreement, the City Council has the option to extend 4.16 Packet Pg. 489 the Agreement up to three (3), one (1)-year additional terms. This is the first one-year extension and would extend the term through June 30, 2022. For this amendment, per Section 16.B of the Original Agreement, MCE is proposing an increase in compensation based on the Consumer Price Index (CPI), as shown in Exhibit “A”. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.16.a West Coast Arborists - Second Amendment 4.16 Packet Pg. 490 1293503.1 SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT This Second Amendment to Maintenance Services Agreement (“Second Amendment”) is made and entered into as of June 15, 2021, by and between the City of Diamond Bar, a municipal corporation (“City”), and West Coast Arborists, Inc. (herein referred to as the “Contractor”) with reference to the following: A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 19, 2018, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Contractor entered into that certain First Amendment dated as of March 5, 2019, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as the "Agreement"); C. The City and the Contractor desire to amend the Agreement as provided herein. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement and First Amendment, is hereby amended, modified and supplemented to include the services described on Exhibit "A" attached hereto and incorporated herein by this reference. 3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2018 to June 30, 2021. This Second Amendment extends the Term up to and including June 30, 2022. 4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall 4.16.a Packet Pg. 491 4.16.a Packet Pg. 492 4.16.a Packet Pg. 493 As we approach the end of the current contract year, West Coast Arborists, Inc. would like to take this opportunity to convey our sincere gratitude to you and your staff for another successful year. Together, we have worked diligently to maintain the integrity, health and preservation of the community’s urban forest. The purpose of this letter is to express our interest in continuing with the agreement for an additional year with a slight adjustment in cost. The adjustment is a result of Consumer Price Index (CPI) changes and increased labor costs as determined by the California Department of Industrial Relations. We respectfully request a cost adjustment based on the Consumer Price Index (CPI) for the area from the previous calendar year, as published by the Department of Labor’s Bureau of Labor Statistics: Effective Date: Region Area: July 01, 2021 2.20% Los Angeles-Long Beach-Anaheim Sincerely, Victor M. Gonzalez Vice President, Business Development We appreciate your consideration in this matter and look forward to continuing our successful business relationship.  Should you have any questions or require additional information, please do not hesitate to email me at  vgonzalez@wcainc.com or call me at  (800) 521-3714. CPI Adjustment Requested: Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com May 26, 2021 ATTN: ANTHONY JORDAN CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CA 91765 RE: Tree Maintenance Services performed by WCA, Inc. Dear Mr. Jordan, West Coast Arborists, Inc. 2200 E. Via Burton · Anaheim, California 92806 · 714.991.1900 · 800.521.3714 · Fax 714.956.3745 4.16.a Packet Pg. 494 1 Grid Pruning Each $59.30 2 Liquidambar Pruning Each $79.70 3 Silk Oak Pruning Each $132.85 4 Full Pruning 0-6 DBH Each $59.30 5 Full Pruning 7-12 DBH Each $100.15 6 Full Pruning 13-18 DBH Each $151.25 7 Full Pruning 19-24 DBH Each $202.35 8 Full Pruning 25-36 DBH Each $304.55 9 Full Pruning 37+ DBH Each $508.95 10 Palm Pruning Each $59.30 11 Tree & Stump Removal 0-24 DBH Each $403.70 12 Tree & Stump Removal 25+ DBH Each $914.70 13 Tree Only Removal 0-24 DBH Each $403.70 14 Tree Only Removal 25+ DBH Each $914.70 15 Stump Only Removal Each $97.10 16 Root Pruning Each $199.30 17 Plant 15 Gallon w/o RB Each $178.85 18 Plant 15 Gallon w/RB Each $204.40 19 Plant 24" Box w/o RB Each $250.40 20 Plant 24" Box w/RB Each $352.60 21 Plant 24" Box - City Furnished Each $148.20 22 Plant 36" Box w/o RB Each $970.90 23 Plant 36" Box w/RB Each $1,016.90 24 Tree Watering Each $25.55 25 Pest Control Application Each $199.30 26 Arborist Services Man Hour $173.75 27 Specialty Equipment Rental Hour $86.85 28 Crane Rental - 15 ton Hour $204.40 29 Crew Rental - per worker Man Hour $86.85 30 Emergency Call Out - per worker Man Hour $102.20 The current rates have been held firm since 7/1/2018. The proposed rates reflect a cost increase of 2.2% based on the Consumer Price Index for the Los Angeles-Long Beach-Anaheim region published by the US Bureau of Labor Statistics. CITY OF DIAMOND BAR Item Schedule of Compensation for Year 2021 - 2022 Tree Maintenance Services performed by WCA, Inc. Description Unit Proposed Prices Printed on: 5/26/2021 3:13:30 PM Page 2 of 2 4.16.a Packet Pg. 495 Agenda #: 4.17 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SECOND AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH TRANE U.S. INC. DBA TRANE FOR MECHANICAL AND BUILDING AUTOMATION SYSTEM PREVENTATIVE MAINTENANCE AND REPAIR SERVICES THROUGH JUNE 30, 2022. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, Second Amendment to the Maintenance Services Agreement with Trane U.S. Inc. dba Trane. FINANCIAL IMPACT: The amended total not-to-exceed amount for FY 2021/22 would be $66,625 which includes $47,205 for scheduled preventative maintenance and $19,420 for as-needed services and repairs. Sufficient funds are included in the Public Works Department Fiscal Year 2021/22 operating budget to cover the cost of such services. This includes the vendor’s request for a CPI increase of 2.5% per section 2 of the Original Agreement. BACKGROUND/DISCUSSION: Over the years, the City has upgraded a number of its m echanical and building automation systems (BAS) with new Trane equipment. The current systems provide a more consistent environment in our facilities, and also provide a more comprehensive method in which to manage our energy consumption. Preventative main tenance is a cornerstone in managing the repair cost, efficiency , and life expectancy of mechanical equipment. This amendment will continue our comprehensive preventative maintenance program for all City facilities while ensuring all current warranties rem ain in place. The City currently has three facilities that have building automation systems in place, which provide staff with the ability to remotely monitor the mechanical operations of the 4.17 Packet Pg. 496 17 pieces of equipment and to make changes to schedules, setpoints, airflow, and temperature to optimize the overall efficiency of the systems. The term of the Original Agreement, entered into on June 18, 2019, was July 1, 2019, to June 30, 2020. Consistent with Section 2 of the Original Agreement, Term of Agreement, the City Council has the option to extend the Agreement for up to five (5), one (1)-year additional terms. The Term of the First Amendment, entered into on June 16, 2020, was July 1, 2020 to June 30, 2021. This Second Amendment extends the term up to and including June 30, 2022. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.17.a Trane - Second Amendment 4.17 Packet Pg. 497 1293503.1 SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT This Second Amendment to Maintenance Services Agreement (“Second Amendment”) is made and entered into as of June 15, 2021, by and between the City of Diamond Bar, a municipal corporation (“City”), and Trane U.S. Inc. dba Trane (herein referred to as the “Contractor”) with reference to the following: A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 18, 2019, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Contractor entered into that certain First Amendment dated as of June 16, 2020, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as the "Agreement"); C. The City and the Contractor desire to amend the Agreement as provided herein. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Term. The Term of the First Amendment as set forth in Section 2 therein is from July 1, 2020 to June 30, 2021. This Second Amendment extends the Term up to and including June 30, 2022. 3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the First Amendment was the sum of sixty-five thousand dollars ($65,000). Section 3 of the First Amendment is hereby amended to provide for an increase of one thousand six hundred twenty-five dollars ($1,625) (2.5%) so that the total not-to-exceed compensation, as amended by this Second Amendment shall not exceed sixty-six thousand six hundred twenty-five dollars ($66,625) without the prior authorization of the City. 4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms 4.17.a Packet Pg. 498 and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first above written. “CONTRACTOR” “CITY” Trane U.S. Inc. dba Trane CITY OF DIAMOND BAR *By: By: Printed Name: Nancy A. Lyons Title: Mayor *By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney *NOTE: If Contractor is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 4.17.a Packet Pg. 499 4.17.aPacket Pg. 500 4.17.a Packet Pg. 501 Proposal ID: See Below Contract Number: See Below ©2021 Trane All rights reserved Page 1 of 5 Scheduled Service Agreement Trane U.S. Inc. 3253 East Imperial Hwy. Brea, CA 92821 Phone: (714) 983-0505 T RANE SERVICE AGREEMENT RENEWAL PRICING & ACCEPTANCE May 5, 2021 Attention: Jason Williams Cell: 909-518-4841 Direct: 909-839-7059 Email: jwilliams@diamondbarca.gov Diamond Bar – Pantera Park Diamond Bar – Heritage Park Diamond Bar – City Hall Diamond Bar – Community Center Thank you for the opportunity to be of service. We are pleased to offer our renewal of Mechanical, BAS, and Building Performance Services which will expire on June 30th, 2021,. We are proposing extending this agreement for a term of 1 year. The adjusted Service Fee for the renewal term is provided below: A one-time 3.00 % discount is offered for full payment of 1 year(s) in advance. Invoice would be issued at start of contract and is due net-15 days from date of invoice. Please check the box for this option. This agreement is effective from July 1st, 2021 through June 30th, 2022. Termination of this agreement by either party may be given in writing at least 30 days prior to the end of the anniversary date. On the anniversary of the effective date, the price herein may be adjusted to reflect Trane’s increased/decreased costs, notice of which will be given to you at least 30 days prior to the anniversary date. Contracts Pantera Park Contract #2233 (Proposal ID: 2724449) Heritage Park Contract #2134 (Proposal ID: 2724499) City Hall Contract #2135 (Proposal ID: 2724561) Community Center Contract #2136 (Proposal ID: 2724577) Scope of Service The Scope of Service for the new agreement period will remain the same as delivered in the current period. Covered Equipment Location Annual Price (2021-2022) Quarterly Payments CPI Adjustment Pantera Park $3,116.00 $779.00 $75.42 (2.5%) Heritage Park $9,547.00 $2,386.75 $233.19 (2.5%) City Hall $15,880.00 $3,970.00 $386.94 (2.5%) Community Center $18,662.00 $4,665.50 $455.31 (2.5%) Last Year Contract Total New Year Contract Total Quarterly Payments Total CPI Adjustment $46,054.14 $47,205.00 $11,801.25 $1,150.86 (2.5%) Equipment Model # Serial # Location Carrier Split System 38QRC0C300 2696X28905 Pantera Park Trane Tracer SC BMSC000AAA011000 E17H92210 Heritage Park Trane RTU YCH240E3L0BC 104610745D Heritage Park Trane Tracer SC BMSC000AAA011000 E13C61487 City Hall Trane Intellipak SXHKC9040N87 C18H05843 City Hall Trane Intellipak SXHKC9040N87 C18H05844 City Hall 4.17.a Packet Pg. 502 Proposal ID: See Below Contract Number: See Below ©2021 Trane All rights reserved Page 2 of 5 Scheduled Service Agreement If you wish to continue with this service, please sign below and return to us for implementation. We value your business and look forward to continuing to serve and contribute to your organization’s success. Submitted by: Lee Ostrander, Account Manager, (818) 253-5823, LOstrander@trane.com CUSTOMER ACCEPTANCE TRANE ACCEPTANCE Authorized Representative Authorized Representative Name/Title Title Acceptance Date Acceptance Date Purchase Order Number Trane Split System TTA073H40RAA 17082LSCYA City Hall Trane Split System TTA073H40RAA 17113NPRYA City Hall Trane Tracer SC BMSB001AAA000 E14E61412 Community Center Trane RTU YHC036A4RMA11 332101034L Community Center Trane RTU YHC036A4RMA11 332101383L Community Center Trane RTU YHC036A4RMA11 332101364L Community Center Trane RTU YHC036A4RMA11 332101337L Community Center Trane RTU YHC036A4RMA11 332101307L Community Center Trane RTU YHC036A4RMA11 332101226L Community Center Trane RTU YHC060A4RMA16 332101235L Community Center Trane RTU YHC060A4RMA16 332101074L Community Center Trane RTU YHC092A4RMA13 332101133L Community Center Energy Labs Inc RTU 0301-2329-1 C89126-FR-L Community Center Raypack Boiler H8-0992B 1501392575 Community Center Fujitsu CRAC Units AOU12RLS3 QTN014100 Community Center 4.17.a Packet Pg. 503 Agenda #: 4.18 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONTINUED PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE JANITORIAL SUPPLIES FOR CITY FACILITIES FOR FISCAL YEAR 2021-2022. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Adopt Resolution No. 2021-30 authorizing participation in the National Intergovernmental Purchasing Alliance to purchase janitorial supplies for City Facilities in the not-to-exceed amount of $65,000 for Fiscal Year 2021-2022. FINANCIAL IMPACT: Sufficient funds for the purchase of sanitary supplies are included in the F iscal Year 2021/22 Operating Budget for the Civic Center, Diamond Bar Center, and various Parks totaling $65,000. BACKGROUND/ANALYSIS: The City’s purchasing ordinance, codified in Chapter 3.24 of the Diamond Bar Municipal Code, generally requires the use of formal bidding procedures for the procurement of goods and services that cost in excess of $45,000. Section 3.24.090 (f) provides an exception as follows: “When supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained through a cooperative purchasing program with a federal, state, county, local or other governme nt purchasing program. Such purchases through a cooperative purchasing program shall be authorized by resolution of the City Council.” The City has been using Waxie Sanitary Supply for janitorial supplies at City facilities. Waxie provides high-quality products and years of responsive customer service that staff has come to rely on. On February 17, 2015, the City Council authorized the use of 4.18 Packet Pg. 504 the National Intergovernmental Purchasing Alliance (NIPA), currently part of OMNIA Partners - Public Sector, for purchases of Waxie products for the Fiscal Year 2014/15. Subsequently, the City Council has authorized the use of NIPA for the procurement of Waxie products every year since. Staff is seeking authorization for continued use of the NIPA for purchases of Waxie products. It is recommended that the City forgo its separate bidding process and utilize the bidding process conducted by the City of Tucson, Arizona, which served as the Principal Procurement Agency (lead agency) for the NIPA, and negotiated a contract with Network Services Company to obtain discounted pricing for about 1,400 Waxie products. These products may be purchased under the agreement by members of the NIPA, including the City of Diamond Bar, from Waxie Sanitary Supply as the local distributor for the Network Services Company. The NIPA is an intergovernmental cooperative purchasing alliance that procures contracted goods and services through a Request for Proposal (RFP) competitive solicitation process conducted by a public agency/governmental entity. The procurement process employed by the NIPA includes the following: 1. The lead agency prepares a competitive solicitation, incorporating language to make the agreement accessible nationally to agencies in states that allow intergovernmental (i.e.: “piggyback”) contract usage. 2. The lead agency issues the solicitation and any required amendments and notifications‚ and conducts pre-proposal conferences and/or meetings. 3. Interested suppliers respond to the solicitation. 4. The lead agency evaluates the responses, negotiates the final terms and conditions, and ultimately awards the master agreement. The NIPA procurement process is similar to the City's formal bidding procedures, which makes master agreements appropriate for "piggybacking" for purchases of Waxie products included in the City of Tucson and Network Services Company master agreement. The City’s Purchasing Ordinance requires that participation in a governmental purchasing program must be authorized by resolution of the City Council. The Purchasing Ordinance also requires City Council approval for purchases from a single vendor in a fiscal year in excess of $45,000. Staff anticipates expenditures of $65,000 for Waxie products during Fiscal Year 2021/22. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: 4.18 Packet Pg. 505 REVIEWED BY: Attachments: 1. 4.18.a Resolution No. 2021-30 4.18 Packet Pg. 506 RESOLUTION NO. 2021-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE JANITORIAL SUPPLIES FOR CITY FACILITIES FROM WAXIE SANITARY SUPPLY AS DISTRIBUTOR FOR THE NETWORK SERVICES COMPANY IN THE AMOUNT NOT TO EXCEED $65,000 DURING FISCAL YEAR 2021/2022 WHEREAS, the City Council has established a purchasing system for the efficient purchase of supplies, services, personal property and equipment at the lowest cost commensurate with the quality needed and to buy without favor or prejudice; WHEREAS, the City Manager, acting in the role of Purchasing Manager, directs and supervises the acquisition of all goods and services under the authority of Diamond Bar Municipal Code Section 3.24.040 (a); WHEREAS, Diamond Bar Municipal Code Section 3.24.070(b)(4) authorizes the Purchasing Manager to dispense with formal bidding when, in the opinion of the Purchasing Manager, supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained if acquired on behalf of the city by the stat e department of general services or other government purchasing program, and the City Council authorizes the "piggyback" procurement by resolution; WHEREAS, the Purchasing Manager has determined that certain supplies, materials, personal property and equipment can be more efficiently and more inexpensively obtained if acquired on behalf the City as a participant of the National Intergovernmental Purchasing Alliance, an intergovernmental cooperative purchasing alliance that procures contracted goods and services thorough a request for proposal competitive solicitation process conducted by a public agency/governmental entity; WHEREAS, acquisition of any such supplies, materials, personal property or equipment as a participant of a government purchasing program must be authorized by resolution of the City Council; and WHEREAS, the Purchasing Agent and Purchasing Delegates have evaluated the janitorial products provided by Waxie Sanitary Supply as the local distributor pursuant to a master contract between the City of Tucson, the Network Services Company, and the National Intergovernmental Purchasing Alliance, and have determined that Waxie provides high quality product and responsive customer service, and recommends Waxie Sanitary Supply as the provider of janitorial supplies for City facilities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby: 4.18.a Packet Pg. 507 Resolution No. 2021-30 2 1. Recognizes that certain supplies, materials, personal property and equipment can be more efficiently and more inexpensively obtained if acquired on behalf of the City as a participant of a government purchasing program. 2. Authorizes participation of the City in the National Intergovernmental Purchasing Alliance. 3. Appoints the City Manager of the City of Diamond Bar to direct and supervise the acquisition of all goods and services as a participant in the National Intergovernmental Purchasing Alliance. 4. Authorizes the City Manager or his designee to purchase janitorial supplies for City facilities from Waxie Sanitary Supply as a participant in the National Intergovernmental Purchasing Alliance in the amount not to exceed $65,000 during Fiscal Year 2021/2022. PASSED, APPROVED AND ADOPTED this 15th day of June, 2021. Nancy A. Lyons, Mayor ATTEST: I, Kristina Santana, 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 15th day of June, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Kristina Santana, City Clerk 4.18.a Packet Pg. 508 Agenda #: 4.19 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FOURTH AMENDMENT TO THE VENDOR SERVICES AGREEMENT WITH EXTERIOR PRODUCTS CORPORATION FOR STREET DECORATIONS THROUGH JUNE 30, 2022. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve, and authorize the Mayor to sign, the Fourth Amendment to the Vendor Services Agreement with Exterior Products Corporation for street decorations through June 30, 2022. FINANCIAL IMPACT: The total authorization amount for the Vendor Services in Fiscal Year 2021/22 is $59,000. Sufficient funds are included in the Fiscal Year 2021 /22 operating budget to cover the cost of such services. BACKGROUND/DISCUSSION: On March 1, 2016, Exterior Products Corporation and the City entered into a three-year Vendor Services Agreement, with up to three one -year extensions, through June 30, 2019 to install, remove and store banners, decorations and flags with an annual not -to- exceed amount of $50,000 per fiscal year. In Fiscal Year 2018/19, the City Council approved the First Amendment to the Vendor Services Agreement to include an additional amount for American flags and hardware, as well as for enhanced holiday banners and decorations throughout the City. In Fiscal Year 2021/22, the scheduled work includes the installation and removal of American flags along Grand Avenue (three times per year); the installation of enhanced holiday decorations at three major intersections as well as at City Hall; the installation, removal and replacement of Armed Forces, Diamond Bar Restaurant Week, and Concerts/Movies in the Park banners (next summer season - June 2022). This Fourth 4.19 Packet Pg. 509 Amendment to the Vendor Services Agreement would grant the third of three optional one-year extensions through June 30, 2022. The respective costs for the scheduled work are as follows: Program Fiscal Year 2021/22 Budget Armed Forces Banners $16,000 American Flags $18,500 Concerts/Movies in the Park Banners $3,500 Diamond Bar Restaurant Week Banners $6,500 Holiday Banners / Holiday Decorations $14,500 Total $59,000 LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.19.a Exterior Products Contract - Fourth Amendment 4.19 Packet Pg. 510 FOURTH AMENDMENT TO VENDOR SERVICES AGREEMENT This Fourth Amendment to Vendor Services Agreement ("Fourth'Amendment") is made and entered into as of June 15, 2021, by and between the City of Diamond Bar, a municipal corporation ("City"), and Exterior Products Corporation, a California corporation (herein referred to as the "Contractor") with reference to the following: A. The City and the Contractor entered into that certain Vendor Services Agreement dated as of March 1, 2016, which is incorporated herein by this reference (the "Original Agreement"); and B. The City and the Contractor entered into that certain First Amendment dated as of August 21, 2018, Second Amendment dated as of June 18, 2019 and Third Amendment dated as of June 16, 2O2O which are incorporated herein by this reference ("First, Second and Third Amendment"), which First, Second and Third Amendments and original Agreement collectively are referred to herein as the "Agreement"; C. The City and the Contractor desire to amend the Agreement as provided herein. NOW, THEREFORE, the parties agree as follows: 1. Defined Terms. Except as othenruise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Term. The Term of the Original Agreement as set forth in Section 2 therein is from February 16, 2016 to June 30, 2019. The Second Amendment extended the Term up to and including June 30, 2020. The Third Amendments extended the Term up to and including June 30, 2021. This Fourth Amendment shall extend the Term up to and including June 30, 2022. 3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of Fifty Thousand Dollars ($S0,000) per fiscal year. The First Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of One Hundred Fifteen Thousand Nine Hundred Dollars ($115,900) per fiscal year. The Second Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty- Eight Thousand Nine Hundred Dollars ($58,900) for fiscal year 2019-2020. The Third Amendment amended of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Nine Thousand Dollars ($59,000) for fiscal year 2O2O- 2021. Section 3 is hereby amended to provide for a total not-to-exceed compensation in the 1496333 1 4.19.a Packet Pg. 511 sum of Fifty-Nine Thousand Dollars ($59,000) for the 2021-22 fiscal year (July 1 , 2021 - June 30, 2022) without the prior written authorization of the City. 5. lntegration. This Fourth Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Fourth Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Agreement, the terms and provisions of this Fourth Amendment shall control. lN WITNESS hereof, the parties enter into this Fourth Amendment on the year and day first above written. ,CONTRACTOR' EXTERIOR PRODUCTS CORPORATION *By: Pri Title: *By: Printed Name: Title: ,CITY' CITY OF DIAMOND BAR By: Nancy A. Lyons Mayor ATTEST: Kristina Santana, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney 1.196333 1 for 4.19.a Packet Pg. 512 *p!f;: lf Contractor is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasure4 an Assisfant Secretary or an Assrcfant Treasurer. lt only one corporate officer exl'sfs or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. I 49(r333 I 4.19.a Packet Pg. 513 Agenda #: 4.20 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: MAINTENANCE SERVICES AGREEMENT WITH PARKWOOD LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE SERVICES (CITY PARKS) THROUGH JUNE 30, 2022 WITH THE OPTION TO EXTEND FOR UP TO FIVE MORE YEARS. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the Maintenance Services Agreement with Parkwood Landscape Maintenance, Inc. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for the Fiscal Year 2021/22 would be $429,312. Sufficient funds are included in the Fiscal Year 2021/22 Operating Budget to cover the cost of such services. The City will have the option to extend this Agreement for up to five years. In the event the City exercises its option to extend the term, the Contractor's compensation shall be fixed through the first two years of the extension period. Beginning with the third year, the Contractor may request an adjustment (CPI) to its compensation. BACKGROUND: The City’s agreement for landscape maintenance services with our current service provider, BrightView Landscape Services, expires on June 30, 20 21. Prior to this expiration date, staff determined that the RFP (Request for Proposals) process would provide the City the best opportunity to receive contemporary proposals from the current as well as new prospective contractors. Additionally, the proposals would give the City a good indication of the current market rates for City parks landscape maintenance services. In preparation for the RFP, the City’s specifications for the maintenance of Diamond Bar 4.20 Packet Pg. 514 community parks were examined and updated to ensure that the needs and expected service levels of all parks are covered. The park and trail locations to be maintained are as follows: 1. Diamond Canyon Park at- 3338 S. Brea Canyon Rd. 2. Paul C. Grow Park- 23281 Forest Canyon Rd. 3. Heritage Park/Community Center Grounds- 2900 S. Brea Canyon Rd. 4. Maple Hill Park- 1355 S. Maple Hill Rd. 5. Pantera Park and Trails- 738 Pantera Drive 6. Peterson Park and Trails- 24142 E. Sylvan Glen 7. Ronald Reagan Park- 2201 Peaceful Hills Rd. 8. Starshine Park- 20839 Starshine Rd. 9. Summitridge Park/Diamond Bar Center Grounds- 1600 Grand Ave. 10. Sycamore Canyon Park/Trailhead and Trails- 22930 E. Golden Springs Dr. 11. Washington Park- 21208 Washington Street 12. Larkstone Park- 20668 Larkstone Drive. 13. Lorbeer Middle School Football Field- 501 S. Diamond Bar Bl. ANALYSIS: In March of 2021, an RFP was advertised for Landscape Maintenance Services for City Parks. The RFP was posted, and qualified contractors had until March 25, 2021, to submit proposals. The City received a total of 13 proposals for consideration. All proposers met the minimum requirements of the RFP. Contractor Monthly Cost Parkwood Landscape Maintenance Inc. $33,276.00 Nova Landscape Group, Inc. $34,900.00 Greentech Landscape Inc. $35,000.00 So Cal Land Maintenance, Inc $38,099.00 Merchants Landscape Services, Inc. $39,796.22 C.G. Landscape $39,989.08 BrightView Landscape Services $41,566.17 Nieves Landscape Inc. $42,333.00 Five Star Landscape Maintenance $42,500.00 Mariposa Landscapes, Inc. $47,373.00 Priority Landscape Services, LLC $49,925.00 MCE Corporation $55,796.22 Excel Landscape Inc. $83,159.00 It is recommended that the City Council approve the one -year agreement with Parkwood Landscape Maintenance, Inc. to provide landscape maintenance services within the City parks based on the company’s experience and work history, which will include the option to extend the term for up to 5 additional years. The total annual not-to-exceed amount for the Fiscal Year 2021/22 will be $429,312 4.20 Packet Pg. 515 which includes the annual cost and the cost of as-needed work. Compared to the current agreement, this proposed agreement will provide a savings of $29,844 in the first year with no decrease in service levels. The not-to-exceed amount of the City’s current agreement, expiring June 30, 2021, is $459,156. LEGAL REVIEW: The City Attorney has reviewed and approved the agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.20.a Parkwood Contract - Landscape Maintenance Services (City Parks) 4.20 Packet Pg. 516 1580964.1 MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 15, 2021 by and between the City of Diamond Bar, a municipal corporation ("City") and Parkwood Landscape Maintenance, Inc. ("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the landscape maintenance services for city parks set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Anthony Jordan, Maintenance Superintendent (herein referred to as the “City’s Project Manager”), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2021, and shall continue until June 30, 2022 ("Term"), unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for up to five years in increments of no less than one year, subject to the same terms and conditions contained herein, by giving Contractor written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term or any extension thereof. In the event the City exercises its option to extend the Term, Contractor's compensation shall be fixed through the first two years. Beginning with the third year, Contractor may request an adjustment to its compensation subject to the following: Any increase in compensation will be negotiated between the City and the Contractor, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any exercise of an option to extend the Term and/or increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed 4.20.a Packet Pg. 517 1580964.1 four hundred twenty-nine thousand three hundred twelve dollars ($429,312) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Contractor the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between this Agreement and the attached exhibits, the following order of precedence shall apply: (a) This Agreement; (b) The City's Request for Proposal, dated February 4, 2021; and (c) Contractor's Proposal dated February 25, 2021. 7. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency or the Public Employee Retirement System regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor or its employees, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. 4.20.a Packet Pg. 518 1580964.1 C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor’s failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s contractor’s employees arising out of Contractor’s work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. 10. Insurance. 4.20.a Packet Pg. 519 1580964.1 A. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $2,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. 4.20.a Packet Pg. 520 1580964.1 Should City pay the SIR or deductible on Contractor’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 12. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall 4.20.a Packet Pg. 521 1580964.1 avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Contractor. 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 mailing of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 17. Non-Discrimination and Equal Employment Opportunity. 4.20.a Packet Pg. 522 1580964.1 A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 19 Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 20. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 21. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 4.20.a Packet Pg. 523 1580964.1 23. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 24. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONTRACTOR” “CITY” Parkwood Landscape Maintenance Inc. City of Diamond Bar 16443 Hart Street 21810 Copley Drive Van Nuys, California 91406 Diamond Bar, CA 91765-4178 Attn.: David Melito Attn.: Anthony Jordan Phone: (818) 988-4934 Phone: (909) 839-7063 E-Mail: dmelito@parkwoodlandscape.com E-mail: AJordan@DiamondBarCA.Gov 25. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 26. 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. 27. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. 4.20.a Packet Pg. 524 David L. Melito David L. Melito PresidentSecretaryfor4.20.aPacket Pg. 525 1580964.1 *NOTE: If Contractor is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 4.20.a Packet Pg. 526 4.20.a Packet Pg. 527 City of Diamond Bar City Parks Landscape Maintenance Exhibit A SPECIFICATIONS FOR THE MAINTENANCE OF DIAMOND BAR COMMUNITY PARKS 4.20.a Packet Pg. 528 City of Diamond Bar City Parks Landscape Maintenance DIAMOND BAR COMMUNITY PARKS STATEMENT OF WORK Administrative Specifications On-Going Maintenance Tasks Seasonal Specialty Tasks Specific Requirements 4.20.a Packet Pg. 529 City of Diamond Bar City Parks Landscape Maintenance STATEMENT OF WORK LANDSCAPE AND GROUNDS MAINTENANCE AGREEMENT DIAMOND BAR COMMUNITY PARKS TABLE OF CONTENTS I. ADMINISTRATIVE SPECIFICATIONS SECTION HEADING PAGE 1. General Requirements PARKS SP1 2. Facilities to be Maintained PARKS SP1 3. Certifications/Reports PARKS SP3 4. Additional Work PARKS SP4 5. Contractors Damages PARKS SP4 6. Interpretation of the Maintenance Specifications PARKS SP5 7. Office of Inquiries and Complaints PARKS SP5 8. Safety PARKS SP6 9. Hours and Days of Maintenance services PARKS SP7 10. Maintenance Schedules PARKS SP7 11. Contractor’s Staff PARKS SP8 12. Signs/Improvements PARKS SP8 13. Utilities PARKS SP9 14. Non-Interference PARKS SP9 15. Storage Facilities PARKS SP9 16. Use of Chemicals PARKS SP10 17. Term of Agreement PARKS SP10 18. Contractor’s Compensation PARKS SP10 19. Monetary Penalties PARKS SP11 II. ON-GOING MAINTENANCE TASKS SECTION HEADING PAGE 1. Mowing - Operation PARKS SP14 2. Mowing- Frequency PARKS SP14 3. Mechanical Edging - Operation PARKS SP14 4. Mechanical Edging - Frequency PARKS SP15 5. Chemical Edging and Detailing - Operation PARKS SP15 6. Chemical Edging and Detailing - Frequency PARKS SP15 7. Weed Control and Removal - Operation PARKS SP15 8. Weed Control and Removal - Frequency PARKS SP16 9. Litter Control Operation PARKS 5P16 10. Litter Control - Frequency PARKS SP16 11. Trash Containers - Operation PARKS SP17 12. Trash Containers - Frequency PARKS SP17 13. Trash Bin Removal - Operation PARKS SP17 14. Trash Bin Removal - Frequency PARKS SP17 15. Raking - Operation PARKS SP17 16. Raking – Frequency PARKS SP17 17. Pruning and Hedge Trimming - Operation PARKS SP18 4.20.a Packet Pg. 530 City of Diamond Bar City Parks Landscape Maintenance 18. Pruning and Hedge Trimming - Frequency PARKS SP18 19. Sweeping/Washing- Operation PARKS SP19 20. Sweeping/ Washing - Frequency PARKS SP19 21. Algae and Aquatic Growth Control - Operation PARKS SP19 22. Algae and Aquatic Growth Control - Frequency PARKS SP20 23. Picnic Areas and Pavilions Maintenance - Operation PARKS SP20 24. Picnic Areas and Pavilions Maintenance - Frequency PARKS SP20 25. Playground Equipment - Operation PARKS SP20 26. Playground Equipment - Frequency PARKS SP21 27. Restroom Maintenance - Daily Operation PARKS SP21 28. Restroom Maintenance - Weekly Operation PARKS SP23 29. Aerification - Operation PARKS SP23 30. Aerification - Frequency PARKS SP23 31. Fertilization - Operation and Frequency PARKS SP24 32. Turf Reseeding - Operation and Frequency PARKS SP24 33. Weed Control Turf - Operation and Frequency PARKS SP24 34. Disease/Insect Control - Operation and Frequency PARKS SP24 35. Watering and Irrigation Systems - Maintenance PARKS SP25 36. Irrigation System Operability and Testing - Operation PARKS SP27 37. Irrigation Operability and Testing- Frequency PARKS SP28 38. Ballfield Maintenance and Preparation - Operation PARKS SP28 39. Ballfield Maintenance and Preparation - Frequency PARKS SP29 40. Rodent Control - Operation PARKS SP30 41. Rodent Control - Frequency PARKS SP30 42. Drinking Fountain Maintenance - Operation and Frequency PARKS SP30 43. Exterior Building Maintenance - Operation and Frequency PARKS SP30 44. Slopes - Operation PARKS SP30 45. Slopes - Frequency PARKS SP31 46. Walks and Trails - Operation PARKS SP31 47. Walks and Trails - Frequency PARKS SP31 48. Swales and Drains - Operation PARKS SP31 49. Swales and Drains - Frequency PARKS SP32 50. Peterson Park & Paul C. Grow Park Special Needs / Operation and Frequency PARKS SP32 51. Raise American Flag Over Park Sites - Operation and Frequency PARKS SP32 52. Diversion of Organic Materials from Land Fills - Operation and Frequency PARKS SP32 53. Sycamore Canyon Park - Special Needs / Operation and Frequency PARKS SP33 III. SPECIFIC REQUIREMENTS SECTION HEADING PAGE 54. City-Provided Materials PARKS SP33 55. Locks and Keys PARKS SP33 4.20.a Packet Pg. 531 City of Diamond Bar L.L.M.D. SP 1 City-Wide Landscape Maintenance ADMINISTRATIVE SPECIFICATIONS 1. GENERAL REQUIREMENTS 1.01 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials. 1.02 Contractor shall provide the labor, materials, and equipment necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained with nothing but the highest of standards at no less than the frequencies set forth herein. 1.03 Contractor is hereby required to render and provide landscape and grounds maintenance services including, but not limited to, the maintenance of turf, groundcover, shrubs and trees; renovation of turf and groundcover areas; maintain and prepare ballfields; the pruning of trees and shrubs; providing weed, disease and pest control; provide specified building custodial services; operating and maintaining specified components of the irrigation system, maintenance of aquatic areas, and the maintenance of any appurtenant structures and equipment pursuant to specifications and frequencies established by the City of Diamond Bar Public Works Department, as set forth herein or revised by City. 1.04 Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage groundcover, athletic or turf areas. 1.05 The Contractor recognizes, that during the course of this Agreement, other activities and operations may be conducted by City work forces and other contracted parties. These activities may include, but not be limited to, landscape refurbishment, irrigation system modification or repair, construction and/or storm related operations. The Contractor may be required to modify or curtail certain task and operations and shall promptly comply with any request therefore by the Maintenance Superintendent. 1.06 Contractor shall, during the specified hours and days of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a weekly maintenance inspection during daylight hours of all areas within the premises such inspection shall be both visual and operational. It shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. Contractor shall take immediate steps to correct any observed irregularities, and submit a written report regarding such circumstances to the Maintenance Superintendent. 2. FACILITIES TO BE MAINTAINED 2.01 The facilities to be maintained under the provisions of this Agreement are located at the following addresses and locations: 2.02 The City of Diamond Bar facilities to be maintained under this agreement: 1. Diamond Bar Center – 1600 Grand Avenue 4.20.a Packet Pg. 532 City of Diamond Bar L.L.M.D. SP 2 City-Wide Landscape Maintenance 2. Heritage Park Community Center - 2900 S. Brea Canyon Rd. 3. Pantera Park Activity Room - 738 Pantera Dr. 2.03 Parks: 1. Diamond Canyon Park – 3338 S. Brea Canyon Road 2. Paul C. Grow Park - 23281 E. Forest Canyon Rd. 3. Heritage Park - 2900 S. Brea Canyon Rd. 4. Maple Hill Park - 1355 S. Maple Hill Rd. 5. Pantera Park - 738 Pantera Dr. 6. Peterson Park - 24142 E. Sylvan Glen Rd. 7. Ronald Reagan Park - 2201 Peaceful Hills Rd. 8. Starshine Park - 20839 Starshine Rd. 9. Summitridge Park - 1425 Summitridge Dr. 10. Sycamore Canyon Park - 22930 E. Golden Springs Dr. 11. Washington Park – 21208 Washington Street 12. Larkstone Park – 20668 Larkstone Drive 2.04 Special Facilities/Parks: 1. Diamond Bar Skate Park at Peterson Park - 24142 E. Sylvan Glen Road 2. Diamond Bar Dog Park at Pantera Park – 738 Pantera Drive 3. Lorbeer Middle School Athletic Field (Owned by Pomona Unified School District) – 501 S. Diamond Bar Blvd. 2.05 Trails: 1. Pantera Park Trail 2. Peterson Park Trail 3. Summitridge Park Trail 4. Sycamore Canyon Park Trail and Trail Head These facilities are landscaped with turf, groundcover, shrubs, and are irrigated by manual and/or automatic controlled systems. These areas are further defined on the plans of record on file with the City of Diamond Bar. 2.06 Contractor acknowledges personal inspection of the facilities and the surrounding areas. 3. CERTIFICATIONS/REPORTS 3.01 Maintenance Function Report Contractor shall maintain and keep current a daily report form that records all Ongoing, Seasonal and Additional Work; maintenance functions performed by Contractor’s personnel. Said report shall be in a form and content acceptable to the Maintenance Superintendent and shall be submitted to Maintenance Superintendent concurrent with the monthly invoicing. The monthly payment will not be made until such report is received and deemed acceptable by the Maintenance Superintendent. 3.02 Certification 4.20.a Packet Pg. 533 City of Diamond Bar L.L.M.D. SP 3 City-Wide Landscape Maintenance Contractor shall complete the attached “Certification Report Form”, designated Exhibit B and shall submit same to Maintenance Superintendent concurrent with the monthly invoicing the monthly payment to the Contractor will not be made until such report has been received and found acceptable by the Maintenance Superintendent. 3.03 Irrigation Schedule Contractor shall complete and submit a monthly irrigation schedule for the coming month, and submit same to Maintenance Superintendent concurrent with monthly invoicing. In addition, when applicable, Contractor shall submit with the monthly invoice, a report indicating those specialty type maintenance operations completed. Said report shall include the following information: a. Quantity and complete description of all commercial and organic fertilizers used. b. Quantity and label description of all grass seed used. c. Quantity and complete description of all soil amendments used. d. A valid licensed California Pest Control Advisor’s recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed. 4. ADDITIONAL WORK 4.01 The Maintenance Superintendent may at his discretion authorize the Contractor to perform additional work, including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and third-party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems. If the Maintenance Superintendent determines that the labor for work resulting from vandalism, Acts of God or third-party negligence can be performed by Contractor’s present work force, Maintenance Superintendent may modify the Contractor’s On-Going Maintenance Schedule in order to compensate Contractor for performing said work. Absent of said modification, any work not provided for elsewhere in this agreement and authorized by the Maintenance Superintendent and performed by the Contractor shall be paid by City as specified in Payment, Section 4 of the Agreement. 4.02 Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Maintenance Superintendent. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Maintenance Superintendent may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Maintenance Superintendent for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 4.04 Additional compensation may be authorized at the discretion of the Maintenance Superintendent, for those “Seasonal Specialty”, or “Additional Work” functions deemed necessary and authorized by the Maintenance Superintendent. 4.20.a Packet Pg. 534 City of Diamond Bar L.L.M.D. SP 4 City-Wide Landscape Maintenance 4.05 Contractor may also be requested to provide casual labor services for City Special Events, City emergencies or for other events and activities as approved by the Maintenance Superintendent. 5. CONTRACTOR’S DAMAGES 5.01 All damages incurred to existing facilities by the Contractor’s operation shall be repaired or replaced at the Contractor’s expense. 5.02 All such repairs or replacements shall be completed within the following time limits: a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days. 5.03 All repairs or replacements shall be completed in accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Maintenance Superintendent. b. Shrubs - Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 16. “Pruning and Hedge Trimming - Operation” of the On-Going Maintenance Specifications. c. Chemical - All damage resulting from chemical operation, either spray-drift or lateral-leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to ensure its ability to support plant life. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise; the Maintenance Superintendent will interpret this Agreement. If the Contractor disagrees with the interpretation of the Maintenance Superintendent, Contractor shall continue with the work in accordance with the Maintenance Superintendent’s interpretation. Within thirty (30) days after receipt of the interpretation, Contractor may file a written request for a hearing before a Disputes Review Panel as provided hereinafter. The written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Maintenance Superintendent and will be composed of not less than three (3) Non-City personnel having experience in the administration of grounds maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Maintenance Superintendent, for his consideration, within one (1) week following the conclusion of the hearing. The Maintenance Superintendent shall render an interpretation based upon his review of the 4.20.a Packet Pg. 535 City of Diamond Bar L.L.M.D. SP 5 City-Wide Landscape Maintenance Panels recommendation. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 The Contractor shall maintain an office at some fixed place located in the Los Angeles Metropolitan Area and shall maintain a telephone there, listed in the telephone directory in its own name or in the firm name by which it is most commonly known and shall, during the daily hours of maintenance operation have some responsible person(s) employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the Maintenance Superintendent, City personnel or patrons using the facilities. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. During normal working hours, the Contractor’s Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification through telephone communication. 7.02 Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor, cause such action to be taken by the City work force and shall charge the cost thereof, as determined by the Maintenance Superintendent, against the Contractor, or may deduct such cost from an amount due to Contractor from City. 7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for non-action. The log of complaints shall be open to the inspection of the Maintenance Superintendent at all reasonable times. 7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Maintenance Superintendent. If any complaint is not abated within 24 hours, the Maintenance Superintendent shall be notified immediately of the reason for not abating the complaint followed by a written report to the Maintenance Superintendent within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Maintenance Superintendent, the Maintenance Superintendent may correct the specific complaint and the total cost incurred by the City will be deducted and forfeit from the payments owing to the Contractor from the City. 8. SAFETY 8.01 Contractor agrees to perform all work outlined in this Agreement in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for, complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable OSHA, CALOSHA and NIOSHA Safety Orders at all times so as to protect all persons, including Contractor’s employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action 4.20.a Packet Pg. 536 City of Diamond Bar L.L.M.D. SP 6 City-Wide Landscape Maintenance taken. 8.02 It shall be the Contractor’s responsibility to inspect, and identify, any conditions that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The Maintenance Superintendent shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections Including, but not limited to; filling holes in turf areas and paving, using barricades or traffic cones to alert patrons of the existence of hazards, replacing valve box covers, and securing play apparatus so as to protect members of the public or others from injury. During normal hours Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the premises. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Maintenance Superintendent within five (5) days following the occurrence. 9. HOURS AND DAYS OF MAINTENANCE SERVICES 9.01 The basic daily hours of maintenance service shall be as follows: a. During the months of November through April, the contractor shall, at a minimum, have staff onsite during the hours of7:00 a.m. to 3:30 p.m. b. During the months of May through October, the contractor shall, at a minimum, have staff onsite during the hours of6:00 a.m. to 2:30 p.m. 9.02 Contractor shall provide staffing to perform the required maintenance services during the prescribed hours seven (7) days per week, Sunday through Saturday. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the Maintenance Superintendent. Contractor shall provide a daily schedule (seven (7) day per week schedule) of manpower assigned to work in Diamond Bar. This schedule shall serve as the minimum manpower requirement to adequately service this contract. 9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day’s work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, in violation of the provisions of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. 10. MAINTENANCE SCHEDULES 4.20.a Packet Pg. 537 City of Diamond Bar L.L.M.D. SP 7 City-Wide Landscape Maintenance 10.01 Contractor shall, within ten (10) days after the effective date of this Agreement, submit a facility work schedule to the Maintenance Superintendent for review and approval. Said work schedule shall be set on an annual calendar identifying and delineating the time frames for the required functions by the day of the week, morning and afternoon. 10.02 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Maintenance Superintendent for his review, and if appropriate his approval, within five (5) working days prior to scheduled time for the work. 10.03 The above provisions are not construed to eliminate the Contractor’s responsibility in complying with the requirements to notify the Maintenance Superintendent for Specialty Type maintenance as set forth immediately hereinafter. 10.04 Contractor shall notify the Maintenance Superintendent, in writing, at least two (2) weeks prior to the date and time of all “Specialty Type” maintenance operations. ‘Specialty Type” operations are defined as: a. Fertilization b. Turf renovation/reseeding c. Micro-Nutrients/soil amendments d. Spraying of trees, shrubs or turf e. Aesthetic tree pruning f. Other items as determined by the Maintenance Superintendent 11. CONTRACTOR’S STAFF 11.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. Contractor’s employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall include at least one individual who speaks the English language proficiently. 11.02 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exercise of discretion by the Maintenance Superintendent, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefore from the Maintenance Superintendent and such person shall not be employed at any City Parks and Recreation facility contracted for and maintained by the Contractor. 11.03 Maintenance Superintendent may require the Contractor to establish an identification system for personnel assigned to the facility which clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services. The identification system shall be furnished at the Contractor’s expense and may include appropriate attire and/or name badges as specified by the Maintenance Superintendent. 11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times and buttoned. 12. SIGNS/IMPROVEMENTS 12.01 Contractor shall not post signs or advertising matter upon the premises or 4.20.a Packet Pg. 538 City of Diamond Bar L.L.M.D. SP 8 City-Wide Landscape Maintenance improvements thereon, unless prior approval therefore is obtained from the Maintenance Superintendent. 13. UTILITIES 13.01 The City shall pay for all utilities with the exception of the telephone. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the Maintenance Superintendent. Contractor shall pay for all excessive utility usage due to Contractor’s failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Maintenance Superintendent prior to actual deduction to allow for explanations. 14. NON-INTERFERENCE 14.01 Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES 15.01 City, at its discretion, may provide storage and office facilities for Contractor’s use within the premises. In such case, Contractor is prohibited from use of said facilities for the conduct of any of its business interests that are outside the scope of this Agreement. Further, said facilities shall not be used for human habitation, other than a night-watchman or patrolman as specifically approved by the Maintenance Superintendent. 15.01.01 Contractor, at its own risk, may store equipment and materials required for maintenance of the premises in said facilities. However, Contractor must, at all times, employ the use of such safety standards and handling procedures as are applicable to such equipment and materials. 15.02 Contractor shall not dispose of hazardous materials on the premises. All such hazardous materials collected on the premises shall be properly stored on a temporary basis, thereafter to be disposed of by Contractor at an approved disposal site. 15.03 Damage or loss to Contractors equipment, materials and/or personal property shall be at Contractor’s sole risk and expense. Contractor hereby agrees to hold City harmless and waive any claims for damages for loss of use of any equipment, materials and/or personal property that may occur at City provided storage facilities. 4.20.a Packet Pg. 539 City of Diamond Bar L.L.M.D. SP 9 City-Wide Landscape Maintenance 16. USE OF CHEMICALS 16.01 All work involving the use of chemicals shall be in compliance with all Federal, State and Local laws and will be accomplished by or under the direction of a State of California Licensed Pest Control Operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. 16.02 A listing of proposed chemicals to be used including; commercial name, application rates and type of usage shall be submitted to the Maintenance Superintendent for approval at the commencement of the contract. No work shall begin until written approval of use is obtained from the Maintenance Superintendent. 16.03 Chemicals shall only be applied by those persons possessing a valid California Pest Control Applicator’s license. Application shall be in strict accordance with all governing regulations. 16.04 Records of all operations stating dates, times, methods of application, chemical formulations, applicators names and weather conditions shall be made and retained in an active file for a minimum of three (3) years. 16.05 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner’s office and a permit obtained with a copy to the City of Diamond Bar Public Works Department. 16.06 All regulations and safety precautions listed in the “Pesticide Information and Safety Manual” published by the University of California shall be adhered to. 16.07 Chemicals shall be applied when air currents are still; preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the area of application. 17. TERM OF AGREEMENT 17.01 This Agreement shall take effect and commence upon its execution by the City Council and unless executed on the first day of a calendar month, shall continue for the rest of the partial calendar month in which executed and for a period of twelve (12) to thirty-six (36) full calendar months thereafter. 17.02 The City Council shall have the option to extend this Agreement up to three (3) additional years, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement. 18. CONTRACTOR’S COMPENSATION 18.01 Should this Agreement commence on other than the first day of a calendar month, the Contractor’s compensation for that partial calendar month shall be prorated at the rate of 1/30 of the full monthly rate per day, to, and including, the last day of the partial calendar month. 18.02 In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional three (3) years as provided for in paragraph 17.02, the Contractor’s monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter (“the adjustment date”) as follows: 4.20.a Packet Pg. 540 City of Diamond Bar L.L.M.D. SP 10 City-Wide Landscape Maintenance Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor’s monthly compensation, the amount, if any, obtained by multiplying the contractor’s compensations as of the adjustment date by the percentage by which the Consumer Price index (“CPI”) for the Los Angeles Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the “Index Month”) reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Maintenance Superintendent’s office shall, as its discretion, substitute for the Index such other similar index as it may deem appropriate. 19. Monetary Penalties for Contract Specification Deficiencies and Sub- Standard Work 19.01 Violation of the following provisions will result in the listed monetary penalty. Contract specification deficiencies and sub-standard work must be documented on the Performance Deficiency form and the form must be approved by the Supervisor and Maintenance Superintendent. 1. Contractor’s employees shall wear proper working attire, including uniforms, proper shoes and other safety gear. (Section 11.04) Failure to comply shall result in a deduction of $100 per occurrence per day. 2. Complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Maintenance Superintendent. (Section 7.04) Failure to comply shall result in a deduction of $100 per occurrence per day. 3. Contractor shall respond to emergencies within two (2) hours of notification. (Section 1.06) Emergencies include, but are not limited to, broken water mains, stuck valves, threat to private property due to contractor’s operations, natural disasters, etc. Failure to respond shall result in a deduction of $250 per occurrence. 4. Contractor shall supply the City with name(s) and phone number(s) of twenty- four (24) hours-per-day, seven (7) days-per-week contact for emergencies. (Section 7.01) Failure to maintain current information shall result in a $200 penalty for each occurrence. 5. Contractor contact shall be available by telephone during regular work hours. (Section 7.01) Failure to respond back to City representative within 30 minutes of call shall result in $250 penalty per occurrence. 4.20.a Packet Pg. 541 City of Diamond Bar L.L.M.D. SP 11 City-Wide Landscape Maintenance 6. Contractor shall provide a daily schedule (seven (7) day per week schedule) of manpower assigned to work in Diamond Bar. This schedule shall serve as the minimum manpower requirement to adequately service this contract. Failure to maintain the minimum level of manpower shall result in the immediate deficiency deduction of $100 per person per day. 7. Payments Withheld/Penalties: A. If the City determines that there are deficiencies in the performance of this contract, the Contractor shall be notified in writing each time service requirements are unsatisfactory and corrective action is necessary. Upon notification of service failure, the Contractor shall complete corrective action within the time frame as noted in the contract. Should the Contractor fail to correct any deficiencies within the stated time frame, the City may exercise the following measures: i. Deduct from the Contractor’s payment the amount necessary to correct the deficiency. ii. Withhold the entire or partial payment. iii. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the Contractor’s payment the total cost, including City overhead. iv. Deduct liquidated damages from Contractor’s monthly invoice. B. Failure by the Contractor to provide reports, schedules and other deliverables as called for in this specification (and itemized below) will result in a penalty of $100 for each occurrence being withheld from the Contractor’s current monthly invoice payment. i. “Weekly” written work schedules including tree well maintenance ii. Written pesticide recommendations iii. “Every three (3) weeks” irrigation tracking sheets for each controller iv. “Monthly” turf fertilization schedule (if applicable) v. “Monthly” rodent control reports (site specific) vi. “Monthly” chemical application report (site specific) C. Failure by the Contractor to provide certain maintenance functions/deliverables within the timelines called for in this specification (and itemized below) will result in a penalty of $200 for each occurrence (at each site) being withheld from the Contractor’s current monthly invoice payment. 4.20.a Packet Pg. 542 City of Diamond Bar L.L.M.D. SP 12 City-Wide Landscape Maintenance i. Failure by the Contractor to take immediate corrective action to landscape that is stressed due to lack of water, insect infestation, rodents, etc. ii. Failure to perform as indicated on the work schedule. iii. Responding to emergencies within two (2) hours during non-working hours. iv. Failure to conform to the W.A.T.C.H. Traffic Control handbook. v. Removing litter/debris from site the same day it is generated. vi. Blowing or sweeping debris onto private property, public streets, parking lots or into stormdrains. vii. Tree pruning or tree care within five (5) days. viii. Failure to alleviate visibility obstructions within two (2) working days. ix. Ground cover replacement within five (5) days. x. Irrigation repair within twenty-four (24) hours. xi. Irrigating during rainy weather when it is obvious that additional soil moisture is not needed. (Per controller). xii. Objectionable weeds and subsequent days beyond three (3). xiii. Failure to pick up litter daily. xiv.Turf mowing and edging weekly. Il. ON-GOING MAINTENANCE TASKS 1. MOWING - Operation 1.01 Mowing operations shall be performed in a workmanlike manner that ensures a smooth, surface appearance without scalping or allowing excessive cuttings to remain. 1.02 Turf shall be mowed with a reel-type mower equipped with rollers or a rotary-type mower. 1.03 All equipment shall be adjusted to the proper cutting heights and shall be adequately sharpened. 1.04 Mowing height shall be no less than 3/4 inch for all turf areas. Mowing height may be set as high as 1 1/2 inches with one (1) being considered normal. Mowing heights may vary for special events and conditions. 1.05 Mowing operation shall be completely performed forty-three (43) times per year. 4.20.a Packet Pg. 543 City of Diamond Bar L.L.M.D. SP 13 City-Wide Landscape Maintenance 1 06 Mowing operation shall be scheduled Monday through Thursday. 1.07 Walkways shall be cleaned immediately following each mowing. 2. MOWING - Frequency All turf areas shall receive no less than the following: 2.01 During the warm season (April to November) all turf areas shall be mowed no less than once every week for a total mowing frequency of thirty-five (35) 2.02 During the cool season (December to March) all turf areas shall be mowed no less than once every two weeks for a total mowing frequency of eight (8). 3. MECHANICAL EDGING - Operation 3.01 All, turf edges, including designed edges in flower beds, shall be kept neatly edged and all grass invasions must be eliminated. 3.02 All turf edges, including but not limited to; sidewalks, patios, drives, curbs, shrub beds, flower beds, groundcover beds, around tree bases, and along lakes and streams shall be edged to a neat and uniform line. 3.03 Mechanical edging of turf shall be completed as one operation in a manner that results in a well-defined, V-shape edge that extends into the soil. Such edging shall be done with a power edger with a rigid blade. 3.04 All turf edges shall be trimmed or limited around; sprinklers to provide optimum water coverage, valve boxes, meter boxes, backflow devices, park equipment and other obstacles. 3.05 All groundcover areas where maintained next to turf areas shall be kept neatly edged and all grass invasions eliminated. 4. MECHANICAL EDGING - Frequency 4.01 Mechanical edging of turf shall be performed forty-three (43) times per year. 4.02 Mechanical edging of all groundcover areas shall be completed twenty-six (26) times per year. 5. CHEMICAL EDGING AND DETAILING – Operation 5.01 Chemical application may be used in and around areas such as planters, areas adjacent to buildings, trees, fence lines, sprinkler heads, etc. Prior to application of chemicals, all areas shall be trimmed to proper mowing height. Chemicals shall be applied in a manner to limit drift to six (6) inches. Precautionary measures shall be employed since all areas will be open for public during application. 5.02 Spot treat with a portable sprayer or wick wand using an herbicide approved by the Maintenance Superintendent and applied per manufacturer’s recommendations. Water shall not be applied to treated areas for forty-eight (48) hours after each application. 5.03 Where trees and shrubs occur in turf areas, all grass growth shall be limited to at least eighteen (18) inches from the trunks of trees and away from the drip line of shrubs by use of approved chemicals. 4.20.a Packet Pg. 544 City of Diamond Bar L.L.M.D. SP 14 City-Wide Landscape Maintenance 5.04 Linear chemical edging of turf boundaries may be performed in a manner that ensures a defined turf edge and limits its encroachment into beds or across boundaries where it is impractical to edge mechanically. A twelve (12) inch barrier width shall be considered normal. 5.05 Detailing of sprinkler heads (to provide maximum water coverage), valve boxes, meter boxes, and similar obstacles in turf areas may be performed in a manner that ensures operability, ease of location and/or a clean appearance. A six (6) inch clearance shall be considered normal. 6. CHEMICAL EDGING AND DETAILING – Frequency 6.01 Chemical edging and detailing operations shall be completed once every three (3) months or as needed and requested by the Maintenance Superintendent. 7. WEED CONTROL AND REMOVAL – Operation 7.01 All grass-like type weeds, morning glory or vine-weed types, ragweed or other underground spreading weeds shall be kept under strict control. 7.02 Remove all weeds and grass from the following areas: roadways, driveways, parking lots patios, drainage areas, slopes, hillsides, and expansion joints in all hard surface areas. 7.03 Remove all weeds, mechanically, from shrub beds, planters, and other cultivated areas. 7.04 Weeds treated with a contact weed chemical shall be left in place for a minimum of seven (7) days. If kill is not complete; additional application(s) shall be made, at no additional cost to the City, until target species are eliminated. 7.05 Weeds treated using a systemic chemical shall be left in place per manufacturer’s recommendation. If kill is not complete by the time specified in the manufacturer’s recommendation a second application, at no additional cost, shall be made. 7.06 After complete kill, all dead weeds shall be removed from the area. 8. WEED CONTROL AND REMOVAL - Frequency 8.01 Chemical application: Beds, planters, walkways, hard court areas, picnic pavilions, patios, expansion joints in all hard surface areas, roadways, parking lots, drainage areas, slopes, and hillsides: once every month. 8.02 Mechanical Removal: shrub beds, planters, cultivated areas; once per week. 8.03 Inspect, spot treat or mechanically remove weeds as necessary. 9. LITTER CONTROL - Operation 9.01 Complete policing and litter pick-up to remove paper, glass, trash, undesirable materials, salutation and other accumulated debris within the hard surfaces, stadium and landscaped areas to be maintained, including but not limited to: walkways, roadways between and around planted areas, steps, planters, drains, areas on slopes from the toe of slope to ten feet up the slope, catch basins, play equipment, and sand areas. 4.20.a Packet Pg. 545 City of Diamond Bar L.L.M.D. SP 15 City-Wide Landscape Maintenance 9.02 Complete policing, litter pick up and supplemental hand sweeping of parking lot corners and other parking lot areas inaccessible to power equipment shall be accomplished to ensure a neat appearance. 9.03 Complete removal of floating debris and litter in lakes and/or streams. 9.04 Litter pick-up shall be completed as early in the day as possible, but in no case later than 10:00a.m. 9.05 Trash cans and any other large materials placed into the lakes or streams shall be removed. 10. LITTER CONTROL – Frequency 10.01 Turf, beds, planters, walkways, hard court areas, play areas, picnic pavilions and stadium areas, sand areas, patios, drainage areas, the above-described slope areas, roadways, parking lots, and lakes and streams; daily seven (7) days per week. 10.02 Trails and developed and irrigated slope areas: Once per week or as needed and directed by the Maintenance Superintendent. 11. TRASH CONTAINERS – Operation 11.01 Exterior trash containers shall be emptied prior to 10:00 a.m. and all materials shall be placed in appropriate trash bin(s). 11.02 Receptacles shall be conveniently located for the public use and returned daily to such locations if receptacles are displaced by third parties. 11.03 Containers or related appurtenances shall be cleaned and painted to avoid concentrations of insects and not detract from the overall appearance of the area. 11.04 Containers shall be painted black walnut as needed (precast concrete containers shall not be painted). 11.05 All containers or receptacles shall be installed securely to prevent tipping. 11.06 Contractor shall provide plastic liners for trash cans at Contractor’s sole expense. 12. TRASH CONTAINERS - Frequency 12.01 Empty exterior trash containers or receptacles; daily seven (7) days per week. 12.02 Clean and paint exterior trash containers or receptacles; once annually or as needed (Precast concrete containers shall not be painted). 13. TRASH BIN REMOVAL - Operation 13.01 All trash and accumulated debris shall be placed in appropriate designated trash bin(s) each day. 13.02 A designated storage area will be provided for the trash bin(s). 13.03 Contractor shall be responsible for providing all necessary trash bins; and off-site removal of all trash and accumulated debris to an approved disposal site. 4.20.a Packet Pg. 546 City of Diamond Bar L.L.M.D. SP 16 City-Wide Landscape Maintenance 14. TRASH BIN REMOVAL- Frequency 14.01 Trash bin removal; at least once per week or as otherwise approved by Maintenance Superintendent. 14.02 Trash trucks shall not be permitted on park turf areas. 15. RAKING - Operation 15.01 Accumulation of leaves shall be removed from all landscaped areas including beds, planters and turf areas under trees and placed in appropriate trash bin(s). 16. RAKING - Frequency 16.01 Planters, planter beds and turf areas under trees; once per month or as needed and directed by the Maintenance Superintendent. 17. PRUNING AND HEDGE TRIMMING - Operation 17.01 Clearance Maintain trees to achieve a seven (7) foot clearance for all branches within the park area and fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways and parking lots. Prune all plant materials where necessary to maintain access and safe vehicular and pedestrian visibility and clearance and to prevent or eliminate hazardous situations. 17.02 Trim designated formal plant materials to maintain formal hedges and topiary work. 17.03 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 17.04 Remove all new growth on trees up to the appropriate height clearances. 17.05 Remove aII dead shrubs and trees. Trees to be removed shall have a caliper of three (3) inches or less measured six (6) inches above the ground level. 17.06 Staking and Tying a. Replacement of missing or damaged stakes where the tree diameter is less than three (3) inches. b. Stake in those cases where tree has been damaged and requires staking for support. c. Stake new trees or recently planted trees which have not previously been staked. d. Materials 1. Tree stakes, two (2) per tree, shall be pentachlorophenol treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees not less than ten (10) feet for fifteen (15) gallon trees. 2. Guide wires where required will be of pliable, zinc-coated ten (10) gauge using two (2) ties per tree 3. Tree ties shall be “Cinch Tie” tree supports or approved equivalent. 4.20.a Packet Pg. 547 City of Diamond Bar L.L.M.D. SP 17 City-Wide Landscape Maintenance 4. Stakes will not be placed closer than eight (8) inches from the bark. 17.07 Ground Cover All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. All groundcover areas shall be pruned to maintain a neat edge along planter box walls. Any runners that start to climb buildings, shrubs or trees shall be pruned out of these areas. 17.08 Damaged trees shall be staked and tied within twenty-four (24) hours. Replacement stakes or new staking shall be completed within five days. 18. PRUNING AND HEDGE TRIMMING - Frequency, as determined by Maintenance Superintendent. 18.01 Trees: Clearance pruning as needed. 18.02 Groundcover thinning; as needed. 18.03 Pruning plant material for vehicular and pedestrian visibility and access; as needed. 19. SWEEPING/WASHING - Operations 19.01 Check concrete areas for cracks, crevices and deterioration and notify Maintenance Superintendent in writing within twenty-four (24) hours. 19.02 Walkways, steps, curb and gutter, hard court areas, and patios shall be cleaned including but not limited to; the removal of all foreign objects from surfaces such as gum, grease, paint, graffiti, broken glass, etc. 19.03 Methods for sweeping of designated areas can incorporate one or all of the following: a. Power pack blowers b. Vacuums c. Brooms d. Push power blowers e. Pressure washers 19.04 In the event the Contractor elects to use power equipment to complete such operations, Contractor shall be subject to local ordinances regarding noise levels. Further, any schedule of such operations may be modified by Maintenance Superintendent in order to ensure that the public is not unduly impacted by the noise created by such equipment. 19.05 Supplemental hand sweeping of parking lot corners and other parking lot areas are required in those areas inaccessible to power equipment. 20. SWEEPING/WASHING - Frequency 20.01 Sweeping of hard surface areas, parking lot corners, walkways, steps, hard court and stadium areas; once per week. 20.02 Washing of the following areas: a. Picnic pavilions and patios used in conjunction with food service areas shall be washed twice per week as instructed by the Maintenance Superintendent. b. Tennis courts and hard surface area; once per week. 4.20.a Packet Pg. 548 City of Diamond Bar L.L.M.D. SP 18 City-Wide Landscape Maintenance c. Stadiums; once per month. 20.03 Maintenance Superintendent may suspend or modify washing of hard surfaces in response to drought situations. 21. ALGAE AND AOUATIC GROWTH CONTROL - Operation 21.01 Lakes and streams shall be maintained free of algae and aquatic growth. 21.02 Chemicals used in control of algae and aquatic growth shall be approved for use by the Agricultural Commissioner’s Office. 21.03 Chemicals used for control of algae and aquatic growth in lakes where fish are stocked must be approved by the Maintenance Superintendent for use in fisheries and not used in percentages that are harmful to fish. 21.04 Adjacent walkways and patio areas shall be maintained free of algae. 22. ALGAE AND AOUATIC GROWTH CONTROL – Frequency 22.01 Control of algae in lakes and streams, twenty (20) times per year during the months of March through December as requested by the Maintenance Superintendent. 22.02 Control of aquatic growth in lakes and streams; two (2) times per year as scheduled by Maintenance Superintendent. 23. PICNIC AREAS AND PAVILIONS MAINTENANCE - Operation 23.01 Picnic tables, benches, slabs, braziers and trash containers and receptacles shall be cleaned to insure safe use by the public. 23.02 Picnic tables and benches shall be checked for graffiti, carvings, looseness of planks or braces, cleanliness and general need of repair. 23.03 Cooking grills, braziers, fireplaces and fire rings shall be inspected for general need of repair. 23.04 The Contractor’s observation of the general need of repair or replacement of loose planks or braces, braziers and fireplaces shall be immediately reported to the Maintenance Superintendent. 23.05 Ashes, partially burned charcoal, garbage and leftover food in and around cooking and picnic facilities shall be removed. 23.06 The entire picnic area shall be kept free of broken glass, cans, pop tops, paper, etc. 24. PICNIC AREAS AND PAVILIONS MAINTENANCE – Frequency 24.01 Inspect tables, benches, braziers, fireplaces and fire rings; daily, seven (7) days per week. 24.02 Spot clean tables, benches, braziers and pads; as needed. 24.03 Empty trash containers and receptacles; daily, seven (7) days per week. 24.04 Wash trash containers once every two (2) weeks. 24.05 Wash and disinfect tables and benches; once per week. 24.06 Wash picnic hard surface areas; once per week. 24.07 Clean braziers and fire rings; once per week. 24.08 Clean and disinfect drinking fountains; Daily, seven (7) days per week. 4.20.a Packet Pg. 549 City of Diamond Bar L.L.M.D. SP 19 City-Wide Landscape Maintenance 24.09 Remove litter; daily, Seven (7) days per week. 24.10 Sweep picnic hard surface areas; daily, seven (7) days per week. 25. PLAYGROUND EOUIPMENT – Operation 25.01 All playground sites and equipment shall be inspected at the start of each work day, and the sand/wood chips cleaned and raked level to remove any foreign and hazardous material and be neatly groomed. 25.02 Any equipment showing signs of wear, fatigue or otherwise presenting an unsafe condition shall be reported immediately to the Maintenance Superintendent. 25.03 Special attention shall be made to low sand/wood chip areas, around play equipment. These sand areas shall be leveled by distributing sand/wood chips from high areas to low areas. 25.03.01 During the leveling and distribution of sand/wood chips, no concrete footing or steel anchor shall be exposed that could allow children to trip over or fall on. 25.03.02 During regular maintenance, the raking and filling of depressions shall be done in a manner to prevent material compaction. 25.03.03 The raking and distribution of sand/wood chips around and below the play equipment shall have a cushioning potential and this condition shall extend for eight (8) feet beyond any part of the play equipment. 25.04 All sand play areas shall be maintained free of litter, cans, pop tops, broken glass and other harmful and unsightly debris. 25.05 All sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base material to be mixed in with the sand. After rototilling all areas shall be raked level. Wood chips shall not be rototilled. 25.06 Wood chips shall be replenished at the request of the Maintenance Superintendent. This shall be considered extra work pursuant to Section 4, 4.04. 25.07 All playground equipment shall be spot cleaned. 25.08 Power wash, clean and disinfect all playground equipment. 26. PLAYGROUND EQUIPMENT - Frequency 26.01 Inspect playground site and equipment; daily, seven (7) days per week. 26.02 Clean, regrade, rake and remove litter from sand area; daily, seven (7) days per week. 26.03 Sweep walks around sand play areas and return sand to play area; daily seven (7) days per week. 26.04 Rototill sand in playground areas by the 10th of each month. Twelve (12) times each year. 26.05 Spot clean playground equipment, seven (7) days per week or as needed. 26.06 Power wash, clean and disinfect all playground equipment bi-monthly, six (6) times each year or as needed and directed by the Maintenance Superintendent. 27. RESTROOM MAINTENANCE - Daily Operation, Seven (7) days per week. 27.01 All restrooms shall be cleaned thoroughly in accordance with the following tasks, and all tasks shall be completed and restrooms opened for public use prior to 8 a.m., unless otherwise specifically authorized by the Maintenance Superintendent. All 4.20.a Packet Pg. 550 City of Diamond Bar L.L.M.D. SP 20 City-Wide Landscape Maintenance restrooms shall be closed and locked at the end of each day, no less than 30 minutes after park has closed. Paper and plastic products for the restrooms shall be provided by the Contractor at Contractor’s sole expense. 27.02 Pick up debris and trash, then sweep floor. Removed materials are not to be swept outside of the restroom. 27.03 Empty trash and napkin receptacles, replace liners as needed. 27.04 Check and refill all dispensers as needed. 27.05 Replace burnt out light bulbs or tubes, inside of restroom and security lights outside. 27.06 Remove all graffiti using graffiti removal materials or other scrubbing techniques. 27.07 Remove spitballs, cobwebs, and other foreign materials from doors, walls, ceiling, partitions, vents, etc. 27.08 Do high and low dusting of ledges, tops of partitions, etc. using a dampened cloth or other device. 27.09 Disinfect the inside of urinals and toilets. 27.10 Disinfect the top and bottom of toilet seats, fixtures, and surfaces of and surrounding each fixture. 27.11 Disinfect stall walls and other areas where hands are normally placed. Clean doors and door frames. 27.12 Disinfect around urinals, under sinks, around floor drains, and other areas where bacteria might breed. 27.13 Disinfect sinks, dispensers, receptacles, trash containers, and walls around such areas. 27.14 Clean mirrors. 27.15 Scrub sinks and wipe dry. Use a small scrub brush to clean corners, cracks, and narrow areas. 27.16 Scrub inside surfaces of toilets and urinals. Be sure to scrub upper lip. Do not flush. 27.17 Scrub outside of toilets, urinals, and rear wall. 27.18 Wipe toilet seats, toilet bowls, urinals, and fixtures until dry. 27.19 Spot clean walls and scrub handprints, etc. from walls and partitions and wipe dry. 27.20 Disinfect and mop floors, making sure that corners, drains, areas around toilets, and feet of partitions are thoroughly cleaned and there is no accumulation of dirt or other matter. Leave the floor as dry as possible. 27.21 Wipe off cove base and remove mop strands caught around posts, etc. 27.22 Replace receptacles and trash containers following their cleaning. 27.23 Deodorize the restrooms. 27.24 Immediately notify Maintenance Superintendent of any irregularities or hazards. 27.25 If running water, broken fixtures, or plugged sewer lines cannot be normalized or isolated, the restroom is to be locked and the Maintenance Superintendent immediately notified. 27.26 Remove graffiti from the outside of the restroom building and wash off any other dirt clods, mud, or foreign materials. 27.27 Clean top and sides of drinking fountains outside of restrooms and clear drains. 27.28 Disinfect drinking fountains, scrub the fixtures, and dry. 4.20.a Packet Pg. 551 City of Diamond Bar L.L.M.D. SP 21 City-Wide Landscape Maintenance 27.29 All areas are to be left clean and free of streaks, stains, film, debris, water spots, and odors. All fixtures shall be clean, including piping. 27.30 Make sure that supplies are in their appropriate dispensers and in adequate amounts to meet the demand. 27.31 All leaking fixtures, clogged drains, stopped up or damaged basins, toilets, or urinals; and damaged or inoperable lighting fixtures that cannot be repaired by the following shall be reported to the Maintenance Superintendent: (a) tightened to stop leaks; (b) unclogged by using a plunger or short snake. 27.32 Restrooms must be closed within one hour after posted park closure time, unless otherwise specifically authorized by Maintenance Superintendent 28. RESTROOM MAINTENANCE - Weekly Operation; Once per week. The following tasks shall be completed the day prior to the scheduled inspection date. 28.01 Perform the following tasks prior to commencing the daily task identified in paragraph 27.07: a. By using a plunger, lower water levels in toilet bowls below water line and use a bowl cleaner to descale and dissolve water rings on the bowls and under the flushing rims. Allow the bowl cleaner to soak for 20 to 30 minutes. Do not flush. b. Using a bowl cleaner, descale and dissolve water rings on urinal surfaces and under the flushing rim allowing the bowl cleaner to soak for 20 to 30 minutes. Do not flush. c. Following the soaking period, scrub the bowls and urinals to remove deposits and stains and then flush the toilet bowls and urinals. 28.02 Perform the following task prior to commencing the daily task identified in paragraph 27.14: Wash all windows. 28.03 Perform the following task prior to commencing the daily task identified in paragraph 27.15: Scrub underneath sink and disinfect. 28.04 Perform the following task prior to commencing the daily task identified in paragraph 27.18 Disinfect and completely wipe dry all partitions, doors, door frames, metal plates, handles and hinges. 28.05 Perform the following task prior to commencing the daily task identified in paragraph 27.19: Scrub and clean alt base molding and “hard to get at” areas. 28.06 Use only materials that are not caustic or damaging to the fixtures being cleaned. 28.07 Clean light fixture covers. 29. AERIFICATION – Operation 29.01 Aerate all turf areas by using a device that removes cores to a depth of four (4) inches at not more than six (6) inch spacing. 30. AERIFICATION – Frequency 30.01 Aerify turf areas three (3) times per year from April to November; once 4.20.a Packet Pg. 552 City of Diamond Bar L.L.M.D. SP 22 City-Wide Landscape Maintenance every twelve (12) weeks. 31. FERTILIZATION - Operation and Frequency 31.01 Apply fertilizers so as to provide sufficient nitrogen and other basic nutrients on a regular basis to maintain the turf in a healthy condition, or as directed by the Maintenance Superintendent. Fertilizer will be applied as often as required to maintain deep green color at all times. The type of turf and time of year will determine the type of fertilizer used. The frequency of application will greatly depend on the amount of leaching caused by excess use of water. The type of fertilizer used and frequency applied shall be recorded. Coordinate all fertilizer applications with the Maintenance Superintendent. 32.02 Contractor shall use only dry pelletized fertilizers unless otherwise approved by the Maintenance Superintendent. Applications shall be in accordance with the manufacturer’s specifications. All applications shall be recorded and specifically identified on the contractor’s maintenance schedule indicating the fertilizer used and frequency applied. 32.03 When applying fertilizer granules, every precaution shall be taken to contain material in the planting areas. Contractor will be responsible for removing all fertilizer stains from concrete caused by application. 32. TURF RESEEDING - Operation and Frequency 32.01 Contractor shall once each year in fall or as directed by the Maintenance Superintendent, at contractor’s sole expense, overseed all turf after aerification and overseed all bare spots as needed throughout the remainder of the year to re-establish turf to an acceptable quality. When contractor reseeds turf, he will aerify, renovate or verticut, seed and mulch (spread evenly over the entire area to a uniform depth of ¼ inch) in this sequence. The Maintenance Superintendent may require the use of sod when deemed necessary. Contractor shall be entitled to additional compensation for the cost of the sod only provided loss of turf was not due to the negligence of the contractor. Overseeding shall be sown at a rate of five (5) pounds per 1,000 square feet and reseeding of bare areas shall be sown at a rate of eight (8) pounds per 1,000 square feet with a City approved grass seed. Coordinate seed type with City. In addition, on sports fields, hulled Bermuda grass seed (at least 48% pure seed) at a ratio of 2:1 of the approved seed shall be added. 32.02 Contractor shall fence off and secure from public access, at contractor’s sole expense, the locations listed below, for a period of time, no less than nine (9) weeks, during the turf reseeding operation above. · Carlton Peterson Park Fields. · Pantera Park Fields. · Lorbeer Field. 33. WEED CONTROL - TURF - Operation and Frequency 33.01 Control turf weeds as needed. Hand removal of noxious weeds or grasses will be required as necessary. 4.20.a Packet Pg. 553 City of Diamond Bar L.L.M.D. SP 23 City-Wide Landscape Maintenance 34. DISEASE/INSECT CONTROL - Operation and Frequency 34.01 All landscaped areas shall be maintained free of disease and insects that could cause damage to plant materials including but not limited to trees, shrubs, groundcover and turf. 34.02 The Maintenance Superintendent shall be notified immediately of any disease, insects or unusual conditions that might develop. 34.03 A disease control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Disease control shall be achieved utilizing materials and rates recommended by a licensed California Pest Control Advisor. 35. WATERING AND IRRIGATION SYSTEM MAINTENANCE 35.01 Since water requirements by plants vary according to the season and a particular year, extremely close attention shall be paid to the demands of the plants as influenced by their exposure to sun, wind, shade, and location in the individual planters. The variation in the size of plants installed, as well as the varieties, shall be taken into consideration. All landscaped and turf areas shall be irrigated as required to maintain adequate growth and appearance with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to, hand watering, operation of manual valves, proper utilization of automatic controllers, and the bleeding of valves. 35.02 Adequate soil moisture will be determined by programming the irrigation system as follows: a. Adjusting and setting of the automatic controller to establish frequency and length of watering period. b. Consideration must be given to the soil conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include day time watering during freezing weather to prevent-icy conditions and manual operation of the irrigation system and/or hand watering with portable sprinklers during periods of windy or inclement weather. c. A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. 35.03 Watering shall be regulated to avoid interference with any use of the facility’s roadways, paving or walks. 35.04 In the areas where wind creates problems of spraying water onto private property or road right-of-ways, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night or early morning hours. 33.05 Irrigation system will be controlled in such a way as not to cause any excessively wet or “waterloggedt’ areas which could interfere with the ability to mow all turf. “In lawn” trees and other planting shall be protected from overwatering and run-off drowning. 33.06 New turf (up through the sixth mowing) shall be watered immediately after mowing. Well established turf shall not be watered for at least four (4) hours after mowing. 4.20.a Packet Pg. 554 City of Diamond Bar L.L.M.D. SP 24 City-Wide Landscape Maintenance 35.07 All groundcover areas shall be watered as needed to maintain a healthy condition, with appropriate care being taken not to overwater in shady areas. 35.08 Contractor shall maintain in an operational state at all times the irrigation system consisting of automatic controllers, risers, sprinkler heads, main lines, lateral lines, quick couplers, batteries, booster pumps and backflow prevention devices. All irrigation systems shall be regularly inspected, tested and maintained in accordance with the specifications and frequencies specified herein. 35.09 Should Maintenance Superintendent deem it necessary for proper irrigation system maintenance particularly with regard to repairs to valves and sprinkler heads, Contractor shall provide, at no additional cost, personnel fully trained in all phases of landscape irrigation systems, including but not limited to; the operation, maintenance, adjustment and repair of said systems and their components. 35.10 Contractor is responsible and not limited to performing the following tasks as needed: a. Setting, scheduling and monitoring all irrigation controllers. b. Inspecting and reporting of irrigation system status. c. Adjusting and cleaning of sprinkler heads. d. Repair or replacement of sprinkler heads. e. Replacements will be of original materials or substitutes approved by the Maintenance Superintendent in writing prior to any installation. f. Providing nipples, caps, plugs, elbows, couplings, etc. g. Providing 1” x 1” x 1/4” inch angle iron, 30 inches in length for supporting risers on slopes and in beds. h. Providing worm drive bands for securing risers to stakes. i. Flushing irrigation pipelines. j. Replacement of valve box covers due to normal wear, vandalism and third-party negligence. k. Contractor shall confer with the Maintenance Superintendent regarding the need for replacement or relocation of inoperable sprinkler heads. City may require the Contractor, at no additional cost, to relocate the inoperable sprinkler head(s) to those areas within the facility identified by the Maintenance Superintendent. l. Contractor shall be required to file a yearly certification with the Department of Health Services and/or Walnut Valley Water District that all backflow prevention devices are operating in accordance with the requirements established by the Los Angeles County Health Services Department and/or Walnut Valley Water District. It will be the responsibility of the Contractor to repair and replace when necessary, subject to the provisions of Section 35.09 hereunder, all backflow prevention devices at his sole expense. Said certification shall be completed within thirty (30) days upon notification from the Department of Health Services and/or Walnut Valley Water District that said certifications are due. m. Repair of irrigation booster pumps. 35.11 The Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems and components at no additional cost to the City. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turf trees, plants, and ground covers when automatic systems are not functioning. 4.20.a Packet Pg. 555 City of Diamond Bar L.L.M.D. SP 25 City-Wide Landscape Maintenance 35.12 Replacement by Contractor of all irrigation components provided by City to the Contractor shall be completed within twenty-four (24) hours upon receiving the component from the City. 35.13 Replacements for the irrigation system shall be with originally specified equipment of the same size and quality or substitutes approved by the Maintenance Superintendent prior to any installation thereof. 35.14 The Contractor shall maintain (repair or replace as needed) and keep operable all irrigation equipment consisting of sprinkler heads, valves, main lines, lateral lines, quick couplers, risers, automatic controllers, batteries, booster pumps and backflow prevention devices. This paragraph does not require the Contractor to make a complete piping replacement of the system. 36. IRRIGATION SYSTEM OPERABILITY AND TESTING – Operation 36.01 In order to ensure the operability of the irrigation system, Contractor shall sequence controllers to each station manually to check the function of all facets of the irrigation system and report any damage or incorrect operation to the Maintenance Superintendent. 36.02 During the testing Contractor shall: a. Adjust all sprinkler heads for correct coverage, to prevent excessive turnoff and/or erosion and to prevent the spread of onto roadways, sidewalks, hard surface areas and private property. b. Unplug clogged heads and flush lines to free lines of rocks, mud and debris. c. Replace or repair inoperable irrigation equipment. d. All system malfunctions, damage and obstructions shall be recorded, reported to the Maintenance Superintendent and corrective action taken. 36.03 In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 36.04 Repair/replace malfunctioning sprinkler heads within one (1) watering cycle. 36.05 Correct malfunctioning irrigation systems and equipment within two (2) hours of identification or following verbal notification. 36.06 Control the irrigation system during inclement weather conditions and limit the use of water concurrent with the weather situation to the satisfaction of the Maintenance Superintendent. 36.07 Flushing of the irrigation lines of grit and gravel shall be done by removing the last head on each lateral and operating the system until those materials are expelled. 36.08 Due to current drought situations, Contractor will shut off all irrigation controllers in the event of rain. The Maintenance Superintendent may instruct irrigation shut-down, to be accomplished within two (2) hours of notification. 37. IRRIGATION SYSTEM OPERABILITY AND TESTING – Frequency Operation and maintenance of the irrigation system shall receive no less than the following: 37.01 Inspect for operability and proper adjustment of controllers, quick 4.20.a Packet Pg. 556 City of Diamond Bar L.L.M.D. SP 26 City-Wide Landscape Maintenance couplers, valves, and sprinkler heads; once per week or more frequently if problems/conditions indicate a need. 37.02 Adjust and correct for coverage; as needed. 37.03 Repair and or replace, as determined by the Maintenance Superintendent, damaged or inoperable sprinkler heads; as needed. 37.04 Flush irrigation pipeline; once every four (4) months. 37.05 Check valve boxes for safety and security purposes; daily seven (7) days per week. 37.06 Schedule controllers as needed to comply with watering requirements of the premises. 38. BALLFIELD MAINTENANCE AND PREPARATION – Operation All ballfield areas within the premises shall be maintained at a level that insures a safe playing condition. Said ballfields, including appurtenant backstops, fencing, bleachers and walkways shall be inspected daily and the Maintenance Superintendent informed immediately thereafter, of any hazardous conditions thereat, or of any supplemental needs therefore. 38.01 Ballfield Preparation The following progression is necessary to prepare a ballfield for each day’s play: a. Water the skinned portion of the infield and then drag and level with a cutting/leveling steel drag or its equal, to break the crust and regrade the infield. b. Home plate, pitcher’s mound, 1st, 2nd, and 3rd base areas should be more heavily watered. Home plate and pitcher’s mound will receive the heaviest watering. c. The dampened surface material in the above-mentioned areas shall be loosened, raked, shaped, and leveled. The surface material that has worked away from these areas must be replaced in the proper area and tamped down firmly. d. All other depressions in the skinned area should be graded level and tamped down firmly. e. The skinned portion of the diamond shall be thoroughly watered with the proper amount of water to provide a suitable condition for dragging. As a rule, the appearance of small water bubbles should indicate sufficient watering. In the watering of the diamond, the correct procedure is to water away from the body with the hose to the rear. Do not walk on the watered areas. f. As the field dries, check the condition at which it can be dragged while cleaning and washing down dugouts, bleachers, concrete pads, and walks around the diamond. Make sure that the runoff from this operation does not create hazardous or unplayable conditions in the area. g. Said drag, similar to a metal foot scraper constructed of heavy interwoven metal squares, is used to provide a finished surface. After smoothing the surface with the drag mat, small pebbles and other debris, shall be removed. h. Make sure that the base pegs, pitching rubber, quick couplers, valve box covers and sprinkler heads are visible. 4.20.a Packet Pg. 557 City of Diamond Bar L.L.M.D. SP 27 City-Wide Landscape Maintenance 38.02 On-Going Maintenance Operations a. The berm buildup that is created from play and the dragging operations shall be regularly raked level to insure a smooth transition between the skinned portion of the infield and the grass portion of the outfield. Contractor shall have field laser leveled annually or as needed at the Maintenance Superintendents request. This work shall be coordinated with the turf re-seeding operations in Section 32.01 and shall be considered extra work in accordance with Section 4. b. Turf and weed encroachment shall be prevented within the skinned portion of the ballfield. c. A smooth line shall be kept between the turf grass and skinned portion of the ballfield by either mechanically edging or chemical application. d. Seasonally excessively wet diamonds may require the working of the skinned area until it is dry enough to prepare for play. Acceptable techniques shall be utilized to provide a playable diamond. e. A soil sterilent or herbicide shall be applied under all fencing that does not have concrete mow strips. 38.03 Scheduling of Maintenance Operations a. Ballfields shall be prepared daily, seven (7) days per week. 38.04 In the event that Contractor elects to use power equipment to complete such operations, Contractor shall be subject to local ordinances regarding noise levels. Further, any schedule of such operations may be modified by Maintenance Superintendent in order to ensure that the public is not unduly impacted by the noise created by such equipment. 39. BALLFIELD PREPARATION AND MAINTENANCE – Frequency 39.01 Inspect for safety, and litter and debris removal; seven (7) days per week. 39.02 Preparation for recreation use; seven (7) days per week. 39.03 Ballfield on-going maintenance; once per month or more often as determined by the Maintenance Superintendent. 40. RODENT CONTROL - Operation 40.01 All areas shall be maintained free of rodents including but not limited to gophers, rabbits, rats and ground squirrels causing damage to turf, shrubs, groundcover, trees and irrigation system. 41. RODENT CONTROL - Frequency 41.01 Inspect for evidence of rodents and control as necessary; once per week. 42. DRINKING FOUNTAIN MAINTENANCE - Operation and Frequency 42.01 Contractor shall maintain all interior and exterior drinking fountains by performing the following operation: 4.20.a Packet Pg. 558 City of Diamond Bar L.L.M.D. SP 28 City-Wide Landscape Maintenance a. Drinking fountains shall be cleaned and disinfected daily, seven (7) days per week. b Leaking fixtures, clogged or stopped up drains and damaged fountains that leak cannot be repaired by tightening the fixture to stop the leak, or unclogged by using a plunger or a short snake to clear the drain shall immediately be reported to the Parks and Maintenance Superintendent orally and thereafter in writing. For Leaking fixtures, the water valve shall be turned off. 42.02 City shall be responsible for the repair or replacement of drinking fountains and fixtures. Additional compensation may be authorized, at the discretion of the Maintenance Superintendent, for the Contractor to perform said work. 43. EXTERIOR BUILDING MAINTENANCE - Operation and Frequency 43.01 Inspect and replace burnt out security lights; daily, as needed. 43.02 Clean, scrub fixtures and disinfect top and sides of drinking fountains outside of building and clear drains; daily, seven (7) days per week. 43.03 Remove graffiti using graffiti removal materials or paint when applicable; daily, seven (7) days per week. 43.04 Clean storage rooms and outside compounds; once per week. 43.05 Hose off appropriate areas of building walls and adjacent shrubbery; once per month. 43.06 Clear all rain gutters; once per month. 43.07 Clean all lighting fixtures; once per month. 44. SLOPES – Operation Contractor shall maintain all slopes as graded, and shall keep slopes and edges at the established true, even grades by performing the hereinafter specified operations and all other work incidental thereto. 44.01 Remove all litter and debris from all developed, and irrigated slope areas, with particular attention to the area beginning at the toe-of-slope and proceeding 10 feet up the slope. Should any debris be present thereby creating a fire hazard such debris shall be removed immediately. 44.02 Contractor shall keep the irrigation systems operational and controlled at all times so as to insure the survival of all plant materials. 44.03 Cut weeds just above the soil line, with equipment approved by the Maintenance Superintendent, keeping the root structure and stubble viable and in place at all times in order to keep the slope stabilized. 44.04 Spray slopes with a non-staining herbicide in areas within parks as required by Maintenance Superintendent. 44.05 In the event that such areas exist, a five (5) foot barrier shall be maintained, clear and weed-free, between homeowner’s property and the slope plant materials. 44.06 Contractor is not responsible for maintenance to undeveloped and natural slope areas except for “V”-ditch maintenance. 44.07 ‘V”-ditches in natural areas of parks shall be cleaned of debris so that water will have an unimpeded passage to its outlet. 4.20.a Packet Pg. 559 City of Diamond Bar L.L.M.D. SP 29 City-Wide Landscape Maintenance 45. SLOPES - Frequency 45.01 Remove litter and debris, 10 feet up from toe-of-slope; daily. 45.02 Remove litter and debris from other developed slope areas; once per week. 45.03 Maintain five-foot barriers; as needed. 45.04 Spray and remove weeds; once every two months. 45.05 “V”-ditches shall be cleared at least once per month. 46. WALKS AND TRAILS - Operation Contractor shall keep non-concrete walks and trails free of hazards and litter, and shall maintain the prescribed access routes by performing the hereinafter specified operations and all other work incidental thereto. 46.01 Wood chips, crushed rock, decomposed granite and other types of walkways and trails shall be kept clear for pedestrian and/or vehicular traffic. All weeds and plant materials shall be cut back to maintain clear access through such areas. 46.02 Any restrictive posts or barriers shall be maintained in an operable state. 46.03 Clear for litter and debris. 46.04 Repair/backfill ruts and erosion area. 47. WALKS AND TRAILS – Frequency 47.01 Areas kept clear for access: once per month. 47.02 Posts and barriers: as needed. 47.03 Litter and debris: once per week. 47.04 Repair/backfill ruts: as needed. 48. SWALES AND DRAINS - Operation Contractor shall maintain all swales and drains in an operable condition, and free of siltation and debris so that water will have an unimpeded passage to its outlet, by performing the hereinafter specific operations and all other work incidental thereto. 48.01 Swales shall be inspected and kept clear of all silt, debris and litter. 48.02 Drains and collection boxes shall be cleaned and cleared of all debris. 48.03 Drain gates shall be inspected to restrict hazards. Contractor shall immediately inform the Maintenance Superintendent of any broken or missing grates, and secure same to keep the area safe for public use. 48.04 “V”-ditches shall be cleared of debris so that water will have an unimpeded passage to its outlet. 49. SWALES AND DRAINS - Frequency 49.01 Swales; inspection and clearance; once per month. 49.02 Drains; cleaned and cleared; once per month. 49.03 ‘V-ditches shall be cleared of debris; once per month 50. PETERSON PARK AND PAUL C. GROW PARK - SPECIAL NEEDS - Operation and Frequency 4.20.a Packet Pg. 560 City of Diamond Bar L.L.M.D. SP 30 City-Wide Landscape Maintenance 50.01 Peterson Park and Paul C. Grow Park suffer from compacted clay soil under the athletic field surface. The following special program is required for these locations: a. Application of wetting agent four (4) times per year. b. Aerification of turf an additional three (3) times per year. c. Application of mulch over turf (spread evenly over entire area to uniform depth of 1/4 inch) one (1) additional time per year. 51. RAISE AMERICAN FLAG-OVER PARK SITES - Operation and Frequency 51.01 The American Flag is to be raised over each park equipped with a flag pole Monday thru Friday at time of restroom opening. 51.02 The flag is not to be raised on weekends, City designated holidays or on days of inclement weather, as determined by the Maintenance Superintendent. 52. DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS – Operation and Frequency 52.01 Contractor shall divert all organic material (i.e. grass clippings, tree trimmings) from being disposed with regular refuse. Contractor shall, to the extent feasible, utilize acceptable techniques (i.e. grasscycling, composting) as approved by the Maintenance Superintendent, in the diversion of all organic materials from landfills. 52.02 Diversion shall be completed on an on-going basis. 53. SYCAMORE CANYON PARK - SPECIAL NEEDS - Operation and Frequency 53.01 The natural area of Sycamore Canyon Park must be maintained per the following: a. Clean-up all trash and graffiti along the trail and stream area that is located in the natural area of Sycamore Canyon Park. b. Perform maintenance tasks listed in item “a” above once per week or as needed as determined by Maintenance Superintendent. III. SPECIFIC REQUIREMENTS The following requirements are specifically designed to provide for a complete maintenance program for the City of Diamond Bar Parks. 54. CITY-PROVIDED MATERIALS 54.01 City shall supply Contractor with the following materials for which the Contractor will provide the labor at no additional cost to City: a. Paint for graffiti removal, and when applicable, materials for specially treated surfaces. b. Light bulbs and tubes for interior and exterior lighting of park buildings and restrooms. c. Fifty-five (55) gallon trash containers, paint, and City decals for trash containers. d. American flags. 4.20.a Packet Pg. 561 City of Diamond Bar L.L.M.D. SP 31 City-Wide Landscape Maintenance 55. LOCKS & KEYS 55.01 City may develop an initial chain and lock system with specified number of replacement locks for trash containers, restrooms, gates, and valves/pumps cover boxes during the term of this agreement. Contractor shall be responsible for purchasing similar locks upon loss of any City-owned locks initially provided to Contractor. City shall provide Contractor on a one for one exchange, locks that have been vandalized or are inoperable. 55.02 Key Control a. Contractor shall be responsible for the series of keys assigned to them and will in turn assign these keys to their personnel for use in maintaining this facility. b. The Contractor will be held responsible for the proper use and safe keeping of all keys issued by the City to the Contractor. c. Contractor shall report all lost or stolen keys to the Maintenance Superintendent within twenty-four (24) hours of discovery of the loss. Contractor reimburses the City for the cost as determined by the Maintenance Superintendent of re-keying the facility or duplicating additional keys. d. Upon termination, cancellation or expiration of this Agreement all keys received by the Contractor shall be returned to the Maintenance Superintendent. e. California law stipulates that it is unlawful for a person to duplicate any keys without the permission by the owner. The penalty for violation of this law is either six (6) months imprisonment or a Five Hundred Dollar ($500.00) fine or both. 56. DOG PARKS 56.01 The Dog Park at Pantera Park, is located on a slope and the following tasks are required for this location. a. The engineered wood fiber that covers the Dog Parks shall be raked/leveled a minimum of once per month or as needed and or directed by the Maintenance Superintendent, to ensure an even cover depth of material. 4.20.a Packet Pg. 562 Cost Breakdown Monthly cost per bid sheet $33,276 Annual as needed work $30,000 Total annual (July-June) not to exceed $429,312 4.20.a Packet Pg. 563 4.20.a Packet Pg. 564 4.20.aPacket Pg. 565 4.20.aPacket Pg. 566 4.20.aPacket Pg. 567 4.20.aPacket Pg. 568 4.20.aPacket Pg. 569 4.20.aPacket Pg. 570 4.20.aPacket Pg. 571 4.20.aPacket Pg. 572 4.20.aPacket Pg. 573 4.20.aPacket Pg. 574 4.20.aPacket Pg. 575 4.20.aPacket Pg. 576 4.20.aPacket Pg. 577 4.20.aPacket Pg. 578 4.20.aPacket Pg. 579 4.20.aPacket Pg. 580 4.20.aPacket Pg. 581 4.20.aPacket Pg. 582 4.20.aPacket Pg. 583 4.20.aPacket Pg. 584 4.20.aPacket Pg. 585 4.20.aPacket Pg. 586 4.20.aPacket Pg. 587 4.20.aPacket Pg. 588 4.20.aPacket Pg. 589 4.20.aPacket Pg. 590 4.20.aPacket Pg. 591 4.20.aPacket Pg. 592 4.20.aPacket Pg. 593 4.20.aPacket Pg. 594 4.20.aPacket Pg. 595 4.20.aPacket Pg. 596 4.20.aPacket Pg. 597 4.20.aPacket Pg. 598 4.20.aPacket Pg. 599 4.20.aPacket Pg. 600 Agenda #: 4.21 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SECOND AMENDMENT TO THE STREET MAINTENANCE AND VEGETATION CONTROL SERVICES WITH MCE CORPORATION FOR RIGHT-OF-WAY VEGETATION CONTROL MAINTENANCE AND LITTER REMOVAL SERVICES. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve, and authorize the Mayor to sign, the Second Amendment to the Street Maintenance and Vegetation Control Services Agreement with MCE Corporation, granting a three-year extension through June 30, 2024. FINANCIAL IMPACT: The total authorization amount for this service for Fiscal Year 2021/22 is $190,000. Sufficient funds are included in the Fiscal Year 2021/22 Public Works Road Maintenance budget to cover the cost of such services. MCE’s contract extension for the first year will include $164,493.90 (includes 2.2% CPI) for regularly scheduled maintenance tasks plus $11,819.10 for additional labor (May through September) plus $13,687 for as-needed/emergency work. BACKGROUND: On June 19, 2018, City Council approved a Maintenance Service Agreement with MCE Corporation (MCE) for street maintenance and vegetation control services for an initial three-year term with the option to extend the contract for an addit ional three years. The current term will expire on June 30, 2021; therefore, this proposed amendment will extend the term through June 30, 2024, per the provision in Section 16 of the original agreement, to extend multiple years upon successful demonstrati on of exemplary contract performance services. MCE will be eligible for Consumer Price Index (CPI) increases on an annual basis for the term of the amendment. 4.21 Packet Pg. 601 MCE has been providing Street Maintenance and Vegetation Control Services to the City since July 1, 2000. Services include vegetation removal, litter removal, tree pruning, and weed control along the arterial streets on a bi-weekly basis. The service provided by MCE has been exemplary for the past 21 years. Staff recommends that the Council approve the extension for three years to the agreement with MCE for Street Maintenance and Vegetation Control Services. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.21.a Second Amendment - MCE 4.21 Packet Pg. 602 4.21.a Packet Pg. 603 for 4.21.a Packet Pg. 604 4.21.a Packet Pg. 605 4.21.a Packet Pg. 606 4.21.a Packet Pg. 607 Agenda #: 6.1 Meeting Date: June 15, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE INLAND VALLEY HUMANE SOCIETY, AND AMENDMENTS TO CERTAIN ANIMAL CARE AND LICENSE FEES EFFECTIVE JULY 1, 2021. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Authorize the Mayor to execute Agreement for Animal Control Services with the Inland Valley Humane Society (IVHS); and B. Adopt Resolution No. 2021-31, amending animal care and license fees effective July 1, 2021. FINANCIAL IMPACT: The City’s animal control gross contract cost with Inland Valley Humane Society (IVHS) would be $480,000 for Fiscal Year 2021-22. This amount represents the full gross cost for services, with future licensing revenues being noted as a credit in future monthly invoiced costs. Taking into account projected revenue of approximately $195,000 annually, the City anticipates total net costs of approximately $285,000 for Fiscal Year 2021-22 plus CPI moving forward, which is reflected in the recently adopted City operating budget. Secondary to the contract are the revised fees, which represent the full cost of providing services including animal licensing, impound fees, food and care, and other ancillary animal services performed by the IVHS. Any adjustments to license fees received by IVHS will be used to offset monthly contract costs. BACKGROUND: Since incorporation, the Inland Valley Humane Society (IVHS) has provided the City 6.1 Packet Pg. 608 and residents with cost effective animal care and control services that are an essential component of the City’s public safety program. Throughout the life of the contract, staff has found IVHS to be professionally run, cost-effective, and responsive to staff and the public. The IVHS headquarters in Pomona are located within approximately one mile of the City’s border, offering convenient access for Diamond Bar pet owners and rapid response to local enforcement and nuisance-abatement issues. IVHS also provides services to over a dozen public agencies. The City and IVHS agreement have varied over the years, including multi -year agreements with two-year renewal terms, or single year extensions in the case of Fiscal Year 2020-21. The City’s traditional contract is based on a net con tract model, where IVHS estimates the gross contract cost (currently $392,473 per year) and provides a revenue guarantee based on animal license revenue collection, with a net contract cost of $200,284 for the current fiscal year. The new contract under consideration is a gross contract model at $480,000, where all licensing revenues collected by IVHS will be applied as credits to monthly invoices moving forward – which currently is estimated at $285,000 in the adopted Fiscal Year 2021-22 operating budget. Although the gross cost model was higher at an annual contract cost of $480,000 plus CPI, it provided the best opportunity for the City to recoup offsetting licensing revenues. A secondary component of the City’s IVHS contract cost is tied to licensing fees that have been adjusted over time by the City Council as follows: • Resolution 89-75 – Adopted August 15, 1989, the Resolution instituted in initial fees for animal licensing, impound fees, food and care, as well as owner release fees. • Resolution 89-75A – Adopted December 19, 2000, the Resolution revised previous Council action to update animal license fees, and rates charged for food and care. • Resolution 2016-01 – Adopted January 19, 2016, the Resolution updated the animal license fees collected by IVHS. • Resolution 2020-15 - Adopted June 2, 2020, the Resolution updated the animal license fees collected by IVHS. Current animal licensing fees were last amended in June 2020. However, no significant changes have been made to impound fees, food and car e charges, and owner release fees since 2000. At the request of IVHS, a Municipal Code update will be brought before the City Council for consideration at a later date that will update the City’s Code to be identical to other IVHS partner cities. This will ensure a consistent operating environment with the goal of streamlining procedures and minimize cost increases. ANALYSIS: Similar to the City’s other Public Safety service providers, the true cost for providing essential animal care and control services has increased as reflected in the adopted Fiscal Year 2021-22 operating budget. The attached agreement for Council consideration does the following: 1. IVHS contract costs will be based on the total gross contract cost of $480,000 for 6.1 Packet Pg. 609 FY2021-22, plus Consumer Price Index (CPI) adjusted annually on the gross contract cost; 2. The agreement will commence on July 1, 2021, and operate for two years through June 30, 2023, with successive two-year renewal terms. From a financial standpoint the agreement under consideration imposes additional cost increases on the City, but the gross cost model ensures that all licensing revenues can be applied to ongoing contract costs. Taking into account projected revenue of approximately $195,000 annually, the City anticipates total net costs of approximately $285,000 for Fiscal Year 2021-22 plus CPI moving forward. The change from Fiscal Year 2020-21 to 2021-22 represents an effective increase of $85,000. A secondary component under Council consideration includes the proposed adjustment to licensing fees, impound fees, and fees for care and shelter as identified in Exhibit “A” to the Resolution (Attachment 1). The proposed fees are noted below with the redline indicating changes from previous Council approved fees. FEE CATEGORY Current Fees Dog License Fees Unaltered Dog $100 Altered Dog $30 20 Unaltered Dog (Senior Citizen) $100 Altered Dog (Senior Citizen Discount) $10 Altered Dog (Active Military & Veteran Discount) $10 None Penalty License Fee $60 Potentially Dangerous Dog* (In addition to dog license fee) $125 Cat License Fees Unaltered Cat $10 Altered Cat $5 Penalty $10 Impound Fees Dog – 1st Offense/Altered $30 20 Dog – 1st Offense/Unaltered* $50* 20 Dog – 2nd Offense/Altered $70 40 Dog – 2nd Offense/Unaltered* $100* 40 Dog – 3rd Offense/Altered $120 60 6.1 Packet Pg. 610 Dog – 3rd Offense/Unaltered* $120* 60 Cat – Altered $5 Cat – Unaltered $5 Small Animal $15 5 Medium Animal $25 15 Large Animal $60 25 Food & Care (Per Day) Dog $10 7 Cat $10 7 Small Animal (Pocket Pets) $5 Medium Animal (i.e. goat, fowl) $10 7 Large Animal (i.e. horse, cow) $40 10 Biter (OBS) Animal/Quarantine $20 10 Owner Release (O/R) – Licensed Per Licensed Animal Dog/Cat $40 20 Per Deceased (DOA) $20 Owner Release (O/R) - Unlicensed Per Unlicensed Dog/Cat $100 Per Litter $100 O/R Pickup Live Other Animal $100 O/R Pickup Deceased (DOA) $100 *Includes State Fine. State Fine for Impounds pertains to unaltered dogs and is added to the cost of the impounds listed in Exhibit unless otherwise stated. 1st offense $35; 2nd offense $50; 3rd offense $100. Exhibit “A” includes changes to animal care and license fees, as well as owner release charges when residents must retrieve their pet from IVHS facilities. The modifications represent the true cost for service, and were last revised in December 2000. The City Council may consider adoption of the fee changes separate from the agreement. However, any animal license or service fee mo difications will result in a corresponding change to revenue projections, with fee increases resulting in a positive revenue outlook that reduces the impact on the City’s operating budget for animal care and control services. It is requested that the City Council approve the agreement and authorize the Mayor to sign on behalf of the City, and adopt the Resolution and Exhibit A with updated animal care and license fees to go into effect July 1, 2021. LEGAL REVIEW: 6.1 Packet Pg. 611 The City Attorney has reviewed and approved the Resolution and Agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 6.1.a Resolution No. 2021-31 2. 6.1.b Diamond Bar Animal Services Agreement 6.1 Packet Pg. 612 RESOLUTION NO. 2021-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADJUSTING EXISTING ANIMAL CARE AND LICENSE FEES EFFECTIVE JULY 1, 2021 WHEREAS, the City of Diamond Bar has contracted with the Inland Valley Humane Society (IVHS) to provide animal care and control services in the City since incorporation; and WHEREAS, the City Council adopted Resolution No. 2020-15 establishing animal licensing fees, which supersede and replace the fees established under Resolution 2016 - 01; and WHEREAS, the Inland Valley Humane Society has requested the City’s fees be updated to reflect the true cost of providing service; and WHEREAS, the City of Diamond Bar desires to adjust the fee schedule for animal care licensing fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The City Council hereby adjusts the existing animal care and licensing fee schedule effective July 1, 2021 as set forth in Exhibit A attached hereto. Section 2. The City Council finds that the foregoing fees reflect the actual costs associated with licensing as determined by the Inland Valley Humane Society. PASSED, APPROVED AND ADOPTED this 15th day of June, 2021. ________________________________ Nancy A. Lyons, Mayor ATTEST: I, Kristina Santana, 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 15th day of June, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 6.1.a Packet Pg. 613 Resolution No. 2021-31 2 EXHIBIT “A” ANIMAL CARE AND LICESNSE FEE EFFECTIVE JULY 1, 2021 FEE CATEGORY NEW ANNUAL LICENSE FEE (Effective July 1, 2021) Dog License Fees Unaltered Dog $100 Altered Dog $30 Unaltered Dog (Senior Citizen) $100 Altered Dog (Senior Citizen Discount) $10 Altered Dog (Active Military & Veteran Discount) $10 Penalty License Fee Potentially Dangerous Dog* (In addition to dog license fee) $125* Cat License Fees Unaltered Cat $10 Altered Cat $5 Penalty $10 Impound Fees Dog – 1st Offense/Altered $30 Dog – 1st Offense/Unaltered* $50* Dog – 2nd Offense/Altered $70 Dog – 2nd Offense/Unaltered* $100* Dog – 3rd Offense/Altered $120 Dog – 3rd Offense/Unaltered* $120* Cat – Altered $5 Cat – Unaltered $5 Small Animal $15 6.1.a Packet Pg. 614 Resolution No. 2021-31 3 *Includes State Fine. State Fine for Impounds pertains to unaltered dogs and is added to the cost of the impounds listed in Exhibit unless otherwise stated. 1st offense $35; 2nd offense $50; 3rd offense $100. Medium Animal $25 Large Animal $60 Food & Care (Per Day) Dog $10 Cat $10 Small Animal (Pocket Pets) $5 Medium Animal (i.e. goat, fowl) $10 Large Animal (i.e. horse, cow) $40 Biter (OBS) Animal/Quarantine $20 Owner Release (O/R) – Licensed Per Licensed Animal Dog/Cat $40 Per Deceased (DOA) $20 Owner Release (O/R) - Unlicensed Per Unlicensed Dog/Cat $100 Per Litter $100 O/R Pickup Live Other Animal $100 O/R Pickup Deceased (DOA) $100 6.1.a Packet Pg. 615 AJ\IMAL SIIELTER AI\D ATIIMAL CONTROL SERVICES AGREEMENT THIS ANIMAL SHELTER AI{D ANIMAL CONTROL SERVICES AGREEMENT(..Agreemenf,)ismadeandenteredintothis-dayoL2021,byand between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as "City"), and THE HIIi\,IANE SOCIETY OF POMONA VALLEY INC. dba INLAND VALLEY HUMANE SOCIETY & S.P.C.A., a nonprofit corporation (hereinafter referred to as "Humane Society"). WHEREAS, the purpose of entering into this Agreement is to contract for animal shelter and animal control services with Humane Society under the terms and conditions as provided herein. NOW, THEREFORE, in consideration ofthe mutual promises, covenants and conditions contained herein, it is mutually agreed by and between City and Humane Society (hereinafter "Party," individually, or "Parties," collectively), as follows: 1. @iscg: (a) @!ly: The services to be performed by Humane Society pursuant to this Agreement include the maintenance and operation of an animal shelter in compliance with California law, implementation and enforcement of Food and Agriculture Code sections that apply to animal control, licensing, rabies control and investigation and/or prosecution of animal cruelty and potentially dangerous or vicious dogs cases, including but not limited to California Food and Agriculture Code section 30501, et. seq., enforcement of all applicable City or County ordinances, and the services set forth in Exhibit 1 attached to this Agreement. (b) Administrative Citations: Issue and Collection: Humane Society will issue and collect payment of administrative citations for violation of statutes, regulations or ordinances related to animals and animal control. City must adopt a municipal code or ordinance authorizing Humane Society to issue administrative citations for the purpose of enforcing City code pertaining to animals and to facilitate the collection of associated fines and/or fees if City has not already implemented such a code or ordinance. 2. @: Humane Society is an equal opportunity employer and subject to, and in compliance with, applicable State and Federal Anti-Discrimination laws. Humane Society does not discriminate on the basis of race, color, national origin, religion, marital status, ancestry, disability, sex, sexual orientation, age, genetic information, veteran status or any other protected class. 3.: Humane Society agrees to cooperate with the California Department of Health Services and the health departments of all governing counties in matters pertaining to rabies and animal quarantine. In cooperation with the state and local health departments, Humane Society will conduct animal inoculation programs as required. 4.: (a) Cooperation: City agrees that its departments, employees and agents will cooperate with Humane Society in the perforrnance of the services to be performed by Humane Society under this Agreement. City's cooperation includes promoting Humane Sociefy ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2O2I Page I 6.1.b Packet Pg. 616 f,. programs and services through its social media, City website and City Newsletters. City agrees to provide information or feedback requested by Humane Society in a timely manner so that Humane Society can fulfill its legal and contractual obligations. [f Humane Society ot Crty requests assistance on a call, City and Humane Society mutually agree to immediately request dispatch of a Los Angeles County sheriff s deputy(ies) or Humane Society employee(s) in a timely manner for the safety and protection of the police officer(s), Humane Society ernployee(s), and City residents.Crty further agrees that its employees and agents will not interfere with Humane Society's performance of the services set forth in this Agreement and Humane Society likewise agrees that its employees will not interfere with City employees and Los Angeles County sheriffs deputies in performance of their duties. Each Party agrees not to make false or defamatory comments about the other Party in order to have and promote a positive working relationship for the duration of this Agreement. (b) Desisnated Representatives: City designates as the sole representative of City, its city manager or the person designated by the city manager to work with Humane Society in all matters involving the implementation of this Agreement. Humane Society will designate a contract liaison at the time this Agreement is executed. The contract liaison shall be the person identified in Paragraph 23 (Notice), below. Humane Society designates its Administrative Services Director as its designed representative. To the extent possible, and except in the case of an emergency, all correspondences between the Parties should be initiated between their designated representatives, who are identified in the 'Notice" section below. In the event of an emergency or after-hours, communication from the City to Humane Society should be initiated through the after-hours phone number. If either Party changes their designee, notice shall be provided to the other in writing before the new designation becomes effective. (c) Notice: In conjunction with Paragraphs 15 and 23,the City agrees that it shall contact any of the following persons in the event of concerns regarding handling of services, any part of this Agreement, or any alleged default or breach of this Agreement: (i) Humane Society's designated contract liaison; or(iD The President/CEO of Humane Society The City shall not claim any default or breach of this Agreement unless and until it has contacted one of the Humane Society representatives listed above, as shown in an email or other written coffespondence and provide the Humane Society representative adequate time to respond, consistent with Paragraph 15, below. : In exchange for Humane Society performing the duties set forth herein, City agrees to compensate Humane Society in the following manner: (a) Annual Fee to Humane Societv: Cityshall pay Humane Society for the fiscal year of July 1,2021to June 30,2U22,the sum of four hundred and eighty thousand dollars ($480,000.00) payable in equal monthly payments of forty thousand dollars ($40,000.00) commencing on July 112021and continuing each month thereafter on or before the first day of the month, up to and through June 30, 2022.T\ercafter, compensation shall be calculated in the manner set forth in Paragraphs 5(d) ("Annual Fee"). (b) Revenue Credits: Humane Society shall receive and retain all payments collected for dog and cat licenses and related late fees, impound fees, kennel care fees and court fines collected on behalf of City as a result of City's animal control program ("Service Fees"). Any fees collected by Humane Society in connection with City's animal control program shall be retained by Humane Society. All Service Fees will be uedited to the City against ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021 Page2 6.1.b Packet Pg. 617 6. the Annual Fee set forth in Paragraph 5(a) above, and subsequently calculated in Paragraph 5(d) below. (c) Invoices and Pavments: Humane Society will provide City with a monthly invoice and reconciliation of collected fees on City's behalf. The amounts collected each month shall be deducted from the Annual Fee owed by City to Humane Society set fonh in Paragraph 5(a). If City has any questions or disputes regarding the reconciliation, it shall have l5 days in which to request clarification. If City does not seek clarification within l5 days, the reconciliation will be considered accurate for all purposes. Payment of the invoice is due no later than frfteen (15) days after receipt of the invoice. If there is any question or dispute regarding the reconciliation, all non-disputed amounts shall be paid. Once the questioned or disputed portion ofthe reconciliation is resolved, City shall have five (5) business days to pay any outstanding amounts. If City does not pay the Humane Society's invoice in a timely manner, a late fee of $100 shall be assessed. If Humane Society must take action to collect any outstanding fees, and is deemed the prevailing party in such dispute, City shall be responsible for and shall pay all reasonable fees and costs associated with collections, including legal fees and court costs pursuant to Section 19 below. (d) Consumer Price Index fncrease: The Annual Fee paid to Humane Society shall automatically increase effective July I , 2022 and each July I st of each subsequent year that is not a Term Renewal year in which a Pooled Use Adjustment occurs, during the term of this Agreement by an amount equal to the annual percentage increase in the Consumer Price lndex - All Items for All Urban Customers, Los Angeles-Long Beach-Anaheim ("CPI'). The percentage increase is determined by comparing the published monthly index for December to the prior year index for December, up to the maximum of four percent $%) of the previous year's Annual Fee paid to Humane Society. There shall be no reduction in the amount due to Humane Society if the CPI is negative. Pooled Use Adiustment: City's Pooled Use percentage shall be adjusted at each Term Renewal to accurately reflect the City's use of Humane Society services. If City's Pooled Use percentage increased during the prior Term or Term Renewal period, the annual fee shall be increased by the same percentage increase as the City's Pooled Use percentage increased. If City's Pooled Use percentage decreased during the Term or Term Renewal period, the annual fee shall be decreased by the same percentage decrease as the City's Pooled Use percentage decreased. IVHS will provide City with its Pooled Use percentage at Term Renewal. Pooled Usage is determined by analysis of several factors, including the percentage service load of City, in conjunction with City's population, such that the City's use of Humane Society resources is fairly allocated amongst Humane Society's partner cities and City is charged accordingly. MS will provide City with its Pooled Use percentage no later than March lst immediately preceding Term Renewal. Availabilitv of Service: (a) Oflice Hours: Humane Society office hours are 8:00 a.m. to 5:30 p.m. on Monday, Tuesday, Thursday, Friday and Saturday and 8:00 a.m. to 7:00 p.m. on Wednesday. City shall use the after-hours telephone number in the event of an emergency. The emergency number the City should use is 909-594-9858, or any other telephone number Humane Society provides to City from time to time under the notice provisions set forth herein. (b) Animal ShelterHours: Humane Society shelter hours are 10:00 a.m. to 5:30 p.m. on Monday, Tuesday, Thursday, Friday and Saturday and 10:00 a.m. to 7:00 p.m. on Wednesday. ANIMAL SHELTERAND ANIMAL CONTROL SERVICES AGREEMENT 2O2I Page 3 7 6.1.b Packet Pg. 618 8. 9. (c) Closure: Humane Society is closed on Sunday and most majorholidays. Any changes to Humane Society office or shelter scheduled hours shall be promptly communicated to City in writing and this Paragraph 7 of the Agreement shall be deemed revised accordingly. Books and Records: Humane Society shall maintain books of expenditures and revenues received regarding services provided to City according to its established retention policy. Such records and books shall be made available for inspection upon City request at Humane Society's offices during regular business hours within a reasonable time following the request by City. City shall not have any contractual right to control Humane Society books or records. If costs are incurred in order to comply with a City request to inspect records and books, such costs shall be documented by Humane Society and reimbursed to Humane Society by City upon request by Humane Society, within 30 days. : (a) Humane Society represents that it possesses the necessary qualifications to perform the services and duties set forth in this Agrcement and shall perform the services and duties consistent with the standard of care in the industry generally recognized in the State of California. (b) Humane Society, its employees, agents and subcontractors are Rot employees of City. Humane Society is an independent conffactor and shall have no authority to bind City or to create or incur any obligation on behalf of; or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in a writing signed by the Parties. (c) Humane Society shall indemnifu, defend and hold harmless, City, its elected and appointed officials, officers, agents and employees (collectively "Indemnitee") from and against any and all liabilities, losses, claims, demands, actions, causesof action, proceedings, suits, damages, judgments, costs and expenses of litigation, including reasonable attorneys' fees ("Claim"), which lndemnitee may become subject to by reason of or arising out of any personal injury, death or property damage caused by Humane Society, by and through its agents, officers, directors or employees while performing under this Agreement. However, if the Claim arises as a direct result of the Crty's negligence or willful misconduct, then City shall indemnify, defend and hold Humane Society harmless in the manner set forth herein, including Humane Society's officers, directors, employees and agents. (d) In the event that any action or proceeding is brought against Indemnitee by reason of any of the matters against which Humane Society has agreed to indemnifo Indemnitee, Humane Society, upon notice from City, shall agree to defend lndemnitee at Humane Society's expense by competent legal counsel of Humane Society or its insurance carrier's choosing. Humane Society shall not be obligated to pay for independent legal counsel retained by City if Humane Society makes competent legal counsel available to City. City agrees to notifu Humane Society within five (5) days of its receipt of notice or service of legal process by a third party regarding a Claim allegedly caused by the acts or omissions of Humane Society, its agents, officers, directors or employees, acting within the scope of this Agreement. In the event of a Claim caused by City's officials, agents or officers, City agrees to defend Humane Society in the same manner as set forth in this Paragraph 9(d). (e) Humane Society's indemnification under this Agreement does not extend to liabilities, losses, claims, demands, actions, causes of action, proceedings, suits, damages, ANIMAI- SHELTERAND ANIMAL, CONTROL SERVICES AGREEMENT 2021 Page 4 6.1.b Packet Pg. 619 10. judgments, costs and expenses of litigation, including attorney's fees, which Indemnitee m3y suffer or incuror which Indemnitee may become subject to by reason of or arising out of any injury to or_death of any_person(s), darnageto propeny, or loss of use of property caused by the negligence or willful misconduct of City,lts elected and appointid officiak, offi cers, agents, employees, volunteers or representatives. (0 The insurance required to be maintained by Humane Society under Paragraph l0 shall ensure Humane Society's obligations under this Paragraph 9, however the limits of such insurance shall not limit the liability of Humane Society hereunder. The provisions of Paragraph 9 shall survive the expiration or earlier termination ofthis Agreement. Iusluarce: Humane Society shall, at its expense, procure and maintain insurance against Claims for injuries to persons or damages to property which may arise from or in cbnnection with the performance ofthe services set forth in this Agreement. lnsurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII. Humane Society shall maintain the following minimum scope and limits of insurance: (a) Minimum Scope of Insurance: Coverage shall be as follows: (b) . General Liability: Insurance Services Office Commercial General Liability Coverage.o AutomobileLiability: Insurance Services Office Business Auto Coverage (Code I (any auto)).o Workers' Compensation and Employers' Liability: Workers' Compensation insurance as required by the State of California and Employers' Liability Insurance.c Errors and Omissions Liability: Insurance appropriate to Humane Society's profession. Minimum Limits of Insurance: Limits no less than: . General Liabilin: $2,000,000 per 6cc,rrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities associated with this Agreement or the general aggregate limit shall be twice the required occurrence limit.o AutomobileLiability: $2,000,000 per accident for bodily injury and property damage.o Worlrers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employers' Liability limits of $1,000,000 per accident for bodily injury or disease.o Errors and Omissions Liability: S1,000,000 per claim. @elBl@: (i) All Policies: Each insurance policy required by Paragraph l0 shall be endorsed and state that the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in ooYerage or in limits, except after thirty (30) days prior written notice by ANIMAI. SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2O2I Page 5 (c) 6.1.b Packet Pg. 620 (ii) (iv) (iii) certified mail, return receipt requested, has been given to City. Any failure to comply with the reporting or other provisions of the policies, including breaches of warranties, shall not affectcoverage provided to City, its officers, officials, employees or volunteers. Any deductibles or self-insured retentions must be declared to and approved by City. General Liability and Automobile Liability Insurance: City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds for liability arising out of the services provided by Humane Society as set forth in this Agreement; premises owned, occupied or used by Humane Society; or automobiles owned, leased, hired or borrowed by Humane Society. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials or employees. Humane Society insurance shall be primary insurance withrespect to City, its officers, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, employees or volunteers shall apply in excess of, and not contribute with, Humane Society's insurance. Humane Society's insurance shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of insurer's liability. Subrogation: The Parties agree to waive all rights of subrogation against the other, including their officers, officials, directors, employees and agents for losses arising from this Agreement, which are covered by lnsurance. Certificates of Insurance: Humane Society agrees to deposit with City, at or before the effectivedate of this Agreement, certificates of insurance sufficient to satisfy City that the insurance provisions of Paragraph 9 of this Agreement have been complied with. The Humane Society shall furnish City with copies of original endorsements evidencing that the City, its directors, officials, officers, employees, agents and volunteers have been named as additional insureds as required by Paragraph l0 of this Agreement. The certificates or endorsements must be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. 11.Ieru: This Agreement shall be for two (2) years, commencing on July 1,2021and shall expire on June 30,2023 ("Term"). IcrsBeusrtl: Unless either Party gives express written notice of its intent to terminate this Agreement at least ninety (90) days prior to the scheduled expiration date of the initial Term, it shall automatically renew for a successive two (2) year term. Thereafter, the Agreement shall automatically renew for two (2) years for each successive term ("Term Renewal') until ANIMAL SHELTERAND AMMAL CONTROL SERVICES AGREEMENT 2O2I Page 6 12. 6.1.b Packet Pg. 621 13 14. 15. terminated in writing by one of the Parties as provided in Paragraph 12 or modified by the Parties in writing. Termination: After the completion of the initial Term, either Purty, at any time, may terminate this Agreement without cause upon the giving of no less than one hundred eighty (180) days prior written notice to the other Party of the intent to terminate. This notice shall include the date of termination which shall be no less than one hundred eighty (180) days following the date of the notice. tn the event of such a termination, Humane Society shall be paid for all work performed under the Agreement tlrough the date of termination. In the event that the Agreement is terminated, Humane Society will cooperate with City in transferring the animals sheltered and animal control services to any other consultant or provider chosen by City to perform the animal shelter and animal control services. The additional expenses of transferring the animals and animal control services include, but are not limited to, the actual cost of identification and relocation of animals, kansfer of records, including medical records, and other costs related to the transfer of the responsibility for animal sheltering and animal care services from Humane Society. : (a) Mandatorv Snav and Neuter Legislatiou: Notwithstanding any other provision in this Agreement City agrees to ranegotiate the terms ofthis Agreement if City or the State of Califomia or the City adop* a municipal code section, statute, regulation or ordinance requiring the mandatory spay and neuter of dogs an#or cats within City's limits. City agrees to this renegotiation notwithstanding the specific terms of the municipal code section, statute, regulation or ordinance regarding the age of the animal and any exceptions or exemptions to the municipal code section, statute, regulation or ordinance. This renegotiation is justified due to the likely increased cost to Humane Society to enforce the new municipal code section, statute, regulation or ordinance. The renegotiation contemplated in this Paragraph will commence within fifteen (15) days of the final approval of the municipal code section, statute, regulation or ordinance. In to to state or legislation or ordinance that has a animal care services. (c agree to any with Humane Change" in the pool of the City's Pooled Use of lo/o ar more. @: In the event of an alleged breach of this Agreement by either Pu.ty, express written notice containing an explanation of the alleged breach must be provided to the allegedly breaching Party within ten (10) days of the alleged breach or reasonable discovery of the alleged breach. The allegedly breaching Party must be given a reasonable time to cure following the written notification, if the time to cure is not already contained in this Agreement. Unless otherwise set forth herein, a reasonable time to cure shall be considered thirty (30) days, however, in the event the breach cannot be cured in said time frame, the breaching party ANIMAL SHELTERAND ANIMAL CONTROL SERVICES AGREEMENT 2O2I PageT 6.1.b Packet Pg. 622 23,Nqlicsi: A notice required or desired to be given pursuant to this Agreement shall be given in writing and sent by US Mail with tracking capacity or by a delivery service, such as FedEx or UPS, or by email, addressed as follows: For Ciw Dan Fox, City Manager For Humane Society James Edward, Administrative Services Dir. 500 Humane Way Pomona, CA91766 (909) 706-4601 jedward@ivhsspca.org 21810 Copley Dr. Diamond Bar, CA 91765 (goe) 839-7014 dfox@diamondbarca. gov Any notice given by aPafi shall be considered served on the other Party three (3) business days after the date of mailing, unless it was specifically sent by overnight, in which case it shall be deemed served the next business day. Any notice provided by email shall be deemed given that day if it is delivered before 4:30 pm and the next business day if delivered after 4:30 pm. The person or address (physical or electronic) for notice may be changed by giving written notice of such change pursuant to this Paragraph. [Remainder of Page Intentionally Left Blank] ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021 Page 9 6.1.b Packet Pg. 623 IN WITNESS WHEREOF, the Parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated the day and year first above written. CITY, a Municipal Corporation:THE IIT]MANE SOCTETY OT'POMONA VALLEY, INC. dba INLAND VALLEY HUMANE SOCIETY & SPCA, a California Non-profit Corporation: By: Mayor b 1 7 Date Date By: CityClerk By: Secretary Date Date APPROVBD AS TO FORM: Dated: for City Attorney ANIMAL SHELTERAND ANIMAL CONTROL SERVICES AGREEMENT 2021 Page 10 By: 6.1.b Packet Pg. 624 I 2. II\IHIBIT 1 Services Provided hv Humane Society Animal Control Officer Availability: (a) Animal Control Officers are available 7:30 a.m. to 9:00 p.m. Monday through Sunday and major holidays.(b) Animal Control Officers are available for emergencies 9:00 p.m. to 7:30 a.m. Monday through Sunday and major holidays. Animal Control Services Provided: Dispatching of animal related calls. Patrol for, rescue and sheltering for loose stray dogs, and confrned cats and dogs. Rescue and sheltering for large animal/equine. Removal of deceased animals. Wildlife education and relocation of nuisance wildlife in coordination with US Dept. of Fish and Wildlife. Humane euthanasia of animals that are irremediably suffering. Chemical capture and rescue for stray animals unable to be trapped. Response to nuisance calls (i.e. dog barking, leash law violations, etc.). Dog bite reporting and coordination with the local health department on necessary quarantine. lnvestigation ofpotentially dangerous and vicious dog bite cases, and preparation for potential administrative hearings and/or court cases. Investigation and prevention of animal cruelty; preparation for potential court cases. 3. Shelterins Services: Food, care and medical treatment. Humane euthanasia for sick, injured or animals that are irremediably suffering. OBS (Dog Bites) housing, protective custody housing for PD impounds, pending court cases, and other special housing as mutually determined by the City and Humane Society. 4. Rabies Control: (a) Humane Society will provide: (a) (b) (c) (d) (e) (0 (e) (h) (D 0) (a) (a) (b) (c) (i) (ii) (iii) (w) (v) (vi) Low cost rabies vaccinations. License renewals. License delinquent notifications. Rabies Certificates. Letters to private veterinarians in the City for rabies certificates & compliance with State law. Canvassing - Humane Society may, but is not required to, canvass for dog license compliance on a door-to-door basis from time to time, as Humane Society determines in its absolute and sole discretion. If canvassing occurs, Humane Society will provide City notification in advance. A license inspector will visit each residence to verify that all dogs residing therein are appropriately licensed and have a current certificate of rabies inoculation. ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2021 Page 1 I 6.1.b Packet Pg. 625 5. Owned Animal Services/Fee for Service: (a) Humane Society will provide and may charge a fee for: Deceased animal pick-up. Euthanasia for owner-relinquished sick and/or injured animals. Cremation services for deceased animals. Adoption of owner-relinquished animals. Special circumstance ambulance service for transport to veterinary hospital Assistance to owners for confinement and movement of animals. Miscellaneous Services Provided by Humane Societ),: (a) Microchips for all animal adoptions and owner redemptions.(b) Reduced fee vaccines, microchips, spay and neuter, and other veterinary services for community members' pets.(c) Disaster response/temporary sheltering for displaced animals from the disaster.(d) Free adoptions for veterans and active military members. Humane Education: (i) (ii) (iiD (iv) (v) (vD 6. 7 (a) (b) Humane Sociefy will provide education for responsible pet ownership or wildlife. Humane Society will maintain a website and social media platforms available to City's constituents. Humane Society may participate in community events andlor presentations to promote responsible pet ownership, wildlife education and adoptions. Humane Society may use City logo in certain educational and promotional material. ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT 2O2I Page 12 (c) (d) 6.1.b Packet Pg. 626 1 Kristina Santana From:neeleylk@gmail.com Sent:Tuesday, June 15, 2021 4:17 PM To:Kristina Santana Subject:For Public Comment CAUTION: This message originated outside of our City of Diamond Bar network. I would like to comment regarding any potential second or revote of the District 39 Landscape Dissolution. Lorin Neeley 1444 Longview Dr. Diamond Bar 909-247-5047 Sent from Mail for Windows 10 1 Kristina Santana From:Mark Warner <markwarner2000@aol.com> Sent:Monday, June 14, 2021 6:30 AM To:Kristina Santana Subject:"For Public comment" Follow Up Flag:Follow up Flag Status:Flagged CAUTION: This message originated outside of our City of Diamond Bar network. Good Evening to all, I would like to ask everyone to consider a 55+ Retirement development for Tres Hermanos. With the ever aging population of Chino Hills and Diamond Bar many of us have kids in the area and do not want to leave our hometown to down size. Pls consider this option for I feel it will greatly benefit both cities with continued support by great people. Having walking trails around the Lake would make a great, peaceful way to finish up our Golden Years! Thank You and hoping you and your family stay safe. Mark Warner 15235 Glen Ridge Dr Chino Hills, Ca 91709 Phone- 909-597-9700 markwarner2000@aol.com