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06/17/2014 Agenda - Regular Meeting
Cf Diamonity od Bar City Council Agenda Tuesday, June 17, 2014 6:30 p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Carol Herrera Mayor Steve Tye Mayor Pro Tem Ling -Ling Chang Nancy A. Lyons Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano • City Attorney David DeBerry • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contactthe City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in orderto communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating at drinking in the Council Chambers, The City of Diamond Bar uses recycled paper and encourages you to do the some. CITY OF DIAMOND BAR CITY COUNCIL AGENDA June 17, 2014 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 2014-25 Next Ordinance No. 06 (2014) 6:30 p.m. Mayor Monsignor James Loughnane St. Denis Catholic Church Council Members Chang, Lyons, Tanaka, Mayor Pro Tem Tye, Mayor Herrera Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 Presentation of Certificate Plaque to Paris Baguette, 21050 Golden Springs Drive, C105, as New Business of the Month, June, 2014. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Update on Crime Statistics by Los Angeles County Sheriff's Department. 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. June 17, 2014 PAGE 2 Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park - (25th Anniversary Concert) — June 18, 2014 - 6:30 p.m. — 8:30 p.m. - Neon Nation (80's Tribute) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 Movies Under the Stars — June 18, 2014 — Immediately following Concerts in the Park - The Little Mermaid - Sycamore Canyon Park, 22930 Golden Springs Drive. 5.3 Planning Commission Meeting — June 24, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Concerts in the Park - June 25, 2014 - 6:30 p.m. — 8:30 p.m. — Doo-Wah Riders (Country) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.5 Movies Under the Stars — June 25, 2014 — Immediately following Concerts in the Park — Monsters University - Sycamore Canyon Park, 22930 Golden Springs Drive, 5.6 Parks and Recreation Commission Meeting — June 26, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of June 3, 2014. Recommended Action: Approve. Requested by: City Clerk 6.2 Ratification of Check Register — Dated May 29, 2014 through June 11, 2014 totaling $1,732,701.95. Recommended Action: Ratify. Requested by: Finance Department June 17. 2014 PAGE 3 6.3 Contract Extensions for Community Services Department (a) Authorization to Exceed the City Manager's Purchasing Authority of $25,000 to Extend Vendor Services for Senior and Adult Excursions Provided by Inland Empire Stages Limited, in an Amount Not -to -Exceed $70,000 for FY 2014-15. Recommended Action: Approve. (b) Approval of Amendment No. 4 to the Agreement with Access Control Security to Extend the Contract Period to July 1, 2014 through June 30, 2015 in the Amount Not -to -Exceed $35,000. Recommended Action: Approve. (c) Approval of Amendment No. 4 to the Vendor Services Contract with D.H. Maintenance Services to Extend the Janitorial and Building Maintenance Services Contract for the Library, City Hall, Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room for the Term of July 1, 2014 to June 30, 2017 in the Amount Not -to -Exceed $268,832 Per Year. Recommended Action: Approve. (d) Approval of Amendment No. 4 to the Contract with West Coast Arborists for City -Wide Tree Maintenance and Watering Services for the 2014/15 and 2015/16 Fiscal Years in the Amount Not -to - Exceed $233,439 Each Fiscal Year Recommended Action: Approve. (e) Approval of Amendment No. 6 to the Contract with Tennis Anyone to Authorize a $6,000 Increase in the Contract to an Amount Not - to -Exceed $62,000 for FY 2013/14. Recommended Action: Approve. (f) Approval of Contract with California Conservation Corp. (CCC) for FY 2014/15 in the Amount Not -to -Exceed $40,000 to Complete Trail Repair and Brush Clearance Services Throughout the City. Recommended Action: Approve. June 17, 2014 PAGE 4 (g) Approval of Assignment of Weeds and Litter Abatement Contract from Lanterman Developmental Center to Social Vocational Services. Recommended Action: Approve. 6.4 Approve Amendment No. 1 to the Consulting Services Agreement with Diana Cho and Associates for Community Development Block Grant (CDBG) Contract Administration Services ($23,963) for FY 2014-15. Recommended Action: Approve. Requested by: City Manager 6.5 Approve Amendment No. 4 to the Consulting Services Agreement with SJC3 Consulting in the Amount of $20,000 to Administer the City's Home Improvement Program (HIP) for FY 2014-15. Recommended Action: Approve. Requested by: City Manager 6.6 Adopt Resolution No. 2014 -XX: Approving Plans and Specifications and Establishing a Project Payment Account; Award a Construction Contract for the Median Modification Project on Diamond Bar Boulevard and Kiowa Crest Drive in the Amount of $35,222.30 to Carvajal Trucking & Tractor Inc.; and, Authorize a Contingency Amount of $3,525 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $38,747.30. Recommended Action: Adopt, Award and Authorize. Requested by: Public Works Department 6.7 Adopt Resolution No. 2014 -XX: Establish Payment Fund and Approve Plans and Specifications; Award the Construction Contract for the Castle Rock Road and Crooked Creek Drive Neighborhood Traffic Management Program Project to Carvajal Trucking & Tractor, Inc. in the Amount of $29,366.85; and, Authorize a Contingency Amount of $3,000 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $32,366.85. Recommended Action: Adopt, Award and Authorize. Requested by: Public Works Department June 17, 2014 PAGE 5 6.8 Adopt Resolution No. 2014 -XX: Establish Payment Fund and Approve Plans and Specifications; Award Construction Contract for the Traffic Signal Battery Back-up System Project at Fourteen (14) Locations in the Amount of $131,138 to Traffic Development Services, Inc.; and, Authorize a Contingency Amount of $13,000 for Contract Change Orders to be Approved by the City Manager for a Total Authorization Amount of $144,138. Recommended Action: Adopt, Award and Authorize. Requested by: Public Works Department 6.9 Approval of Contract with the Regional Chamber of Commerce — San Gabriel Valley for FY 2014-15 in an Amount Not -to -Exceed $12,000. Recommended Action: Approve. Requested by: City Manager 6.10 Approval of Contract with Keyser Marston Associates (KMA) to Perform a Market Opportunities Study for a Total Not -to -Exceed Amount of $50,000. Recommended Action: Approve. Requested by: City Manager 6.11 Approval of Contract with Kosmont Companies to Perform Real Estate and Economic Development Consulting for a Total Not -to - Exceed Amount of $30,000. Recommended Action: Approve. Requested by: City Manager 6.12 Approval of a Two -Year Agreement (FY 2014-16) with On -Line Transcription Services in the Amount Not -to -Exceed $25,000 Per Year to Provide Minute Secretarial Services for the City Council, Commissions and Committees. Recommended Action: Approve. Requested by: City Clerk June 17, 2014 PAGE 6 6.13 Approval of Resolution No. 2014 -XX: Establishing an Unclaimed Funds Policy in Accordance with Government Code Sections 50050- 50056. Recommended Action: Adopt. Requested by: Finance Department 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Lighting and Landscape Districts 38, 39 and 41. (a) Adopt Resolution No. 2014 -XX: Levying an Assessment on Landscaping Assessment District No. 38 for Fiscal Year 2014-15. (b) Adopt Resolution No. 2014 -XX: Levying an Assessment on Landscaping Assessment District No. 39 for Fiscal Year 2014-15. (c) Adopt Resolution No. 2014 -XX: Levying an Assessment on Landscaping Assessment District No. 41 for Fiscal Year 2014-15. Recommended Action: Receive Staff's Presentation; Open the Public Hearing; Receive Testimony; Close the Public Hearing and Adopt (a) Resolution No. 2014 -XX (District 38); (b) Resolution No. 2014 -XX (District No. 39) and (c) Resolution No. 2014 -XX (District 41). Requested by: Public Works Department 8. COUNCIL CONSIDERATION: 8.1 Consideration of Design of Site D Public Park and Recommendation for the Name to be Diamond Canyon Park. Recommended Action: Approve. Requested by: Community Development and Community Services Department. 8.2 (a) Adopt Resolution No. 2014 -XX: Approving the 2014 Citywide Speed Zone Survey as Amended by Council; and, June 17, 2014 PAGE 7 (b) Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. OX (2014): Amending Section 10.12.310 of the Diamond Bar Municipal Code Regarding Prima Facie Speed Limits for Specified City Streets. Recommended Action: Adopt and Approve First Reading. Requested by: Public Works Department 8.3 Approval of Windmill Easement and Maintenance Agreement. Recommended Action: Approve. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: U X co O co Q co 0)'(D 0) 1.- I c � .E U E E -C ° U L 4-1 M `v W Q n ^^,, W .I V! m O , iJ O ryQ .Q L U v co O co Q co 0)'(D 0) 1.- _Ci 0 U .i C6 N O ._C6 N U .E cu O ' O U N Q _s= > co cn Q �— — cu N � - p mcn m c6 E U w w M co co r > Q U Q N N m L. co N i co . o m L. co N O ' LZ c :4- 2) `- L (3)CD O UJ -� 4-0 oo a) 0 E-,,-a a� � m Pa 0� O c� cacU •� � � o:3u _ cu 0-00 cn a) CU (DCIO=3 (� EOE mv.� Ec 4-0 E�� .O>ca C T-- 4-0 O Q N c c Q. _C O L ^^L' n 4-a m 0 T-- 4-0 O Q N _(D O 0 U .cn m P L co 0 It ^` m_ L. Q ♦V4 V♦ --j L. ♦V4 V♦ > O J 0 r O 7 N U .� 40- C) U c Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 3, 2014 PRAVV CLOSED SESSION: 6:15 p.m., Room CC -8 ► Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 Property: Agency Negotiator: Negotiating Parties Public Comments: 1100 -1188 Diamond Bar Boulevard Diamond Bar, CA 91765 James DeStefano, City Manager David DeBerry, City Attorney City of Diamond Bar and Retail Investments Corporation None Closed Session Recessed at 6:23 p.m. to the Regular City Council Meeting. CALL TO ORDER: Mayor Carol Herrera called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District /Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. CA/DeBerry stated that no reportable action was taken during Closed Session. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Pastor Jim Price, Diamond Canyon Church, gave the invocation. ROLL CALL: Council Members Chang, Lyons, Tanaka, Mayor Pro Tem Tye and Mayor Herrera. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Greg Gubman, Community Development Director; Ken Desforges, IS Director; Amy Haug, Human Resources Manager; Kimberly Young, Senior Civil Engineer; Cecilia Arellano, Public Information Coordinator; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. JUNE 3. 2014 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORT AND RECOMMENDATIONS: 2.1 Volunteer On Patrol Program Presentation: Sgt. Saldecke stated that he is currently assigned to the Walnut/Diamond Bar Sheriff's Station as the Volunteer Coordinator. He gave a Power Point presentation explaining that a civilian volunteer is a resident that wants to give back to or get involved in their community. Volunteers include retirees, students, and others. Requirements to become a volunteer is the individual needs to be at least 18 years old, pass a background check, have no felony or certain types of misdemeanor convictions, must be emotionally stable, and have no addictions to legal or illegal substances. Volunteers are requested to work a minimum of 16 hours per month and hold a valid California Driver's License. Volunteer training and driver's training is offered to the volunteers. The Volunteer Academy provides 40 hours of training that includes role playing and finally, graduation ceremonies. Volunteers on Patrol, conduct school checks, park checks, vacation checks, traffic control, issue parking citations, assist with directed patrol assignments and a variety of other tasks and patrols. Volunteers also work at the station and at community events. Anyone interested in serving as a volunteer can call him at 909-859-2859. M/Herrera said that for many years the Volunteer Patrol has been very helpful to the City by providing a second set of eyes on the community. She encouraged residents to become involved in the program and contact Sgt. Saldecke. 3. PUBLIC COMMENTS: None 4. RESPONSE TO PUBLIC COMMENTS: None. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — June 10, 2014 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Traffic and Transportation Commission Meeting — June 12, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — June 17, 2014 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.4 Concerts in the park — (25th Anniversary Concert) — June 18, 2014 — 6:30 p.m. — 8:30 p.m. Neon Nation (80's Tribute) — Sycamore Canyon Park, 22930 Golden Springs Drive. JUNE 3, 2014 PAGE 3 CITY COUNCIL 5.5 Movies Under the Stars — June 18, 2014 — Immediately following Concerts in the Park — The Little Mermaid — Sycamore Canyon Park, 22930 Golden Springs Drive. 6. CONSENT CALENDAR: C/Tanaka moved, C/Lyons seconded, to approve the Consent Calendar as presented with MPT/Tye pulling Item 6.12 for separate consideration; and, C/Lyons abstaining on Item 6.1 (due to her absence at the May 20th meeting). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of May 20, 2014. (C/Lyons abstaining). 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular Meeting of April 8, 2014. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of April 24, 2014. 6.4 RATIFIED CHECK REGISTER DATED May 15, 2014 through May 22, 2014 totaling $444,179.56. 6.5 APPROVED TREASURER'S STATEMENT for the month of April 2014. 6.6 APPROVED EXTENSION OF CITYWIDE GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS FOR FY 2014-15 IN AN AMOUNT NOT TO EXCEED $44,528. 6.7 APPROVED AMENDMENT NO. 4 WITH MCE CORPORATION EXTENDING THE CONTRACT AGREEMENT FOR THREE YEARS (FY2014-17) FOR STREET MAINTENANCE SERVICES. 6.8 APPROVED AMENDMENT NO. 2 WITH ALL CITY MANAGEMENT SERVICES, INC. TO EXTEND THE CURRENT CONTRACT FOR CROSSING GUARD SERVICES FOR A PERIOD OF THREE YEARS (FY 2014-17). 6.9 a) ADOPTED RESOLUTION NO. 2014-21: DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECTED THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT ITS JUNE 17, 2014 REGULAR MEETING. JUNE 3, 2014 PAGE 4 CITY COUNCIL b) ADOPTED RESOLUTION NO. 2014-22: DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECTED THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT ITS JUNE 17, 2014 REGULAR MEETING. c) ADOPTED RESOLUTION NO. 2014-23: DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECTED THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT ITS JUNE 17, 2014 REGULAR MEETING. 6.10 AUTHORIZED THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH GO -LIVE TECHNOLOGY, INC. FOR "AS NEEDED" SUPPORT FOR CITYVIEW AND OTHER RELATED SQL DATABASES IN AN AMOUNT NOT -TO -EXCEED $75,000 FOR FY 2014- 15. 6.11 AUTHORIZED CITY MANAGER TO PURCHASE HEWLETT PACKARD SERVERS AND ADDITIONAL HARDWARE REPLACEMENTS FROM HEWLETT PACKARD, CISCO AND VENDORS ON THE CURRENTLY APPROVED VENDORS' LIST THROUGHOUT FY 2014-15 IN AN AMOUNT NOT -TO -EXCEED $251,250. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.12 ADOPT RESOLUTION NO. 2014-24: APPROVING FINAL TRACT MAP 72067 FOR THE SUBDIVISION OF AIR SPACE TO AN 11 -UNIT OFFICE CONDOMINIUM LOCATED AT 680 S. BREA CANYON ROAD. MPT/Tye and C/Lyons recused themselves from consideration of this mailer. Without any discussion, M/Herrera moved, C/Chang seconded, to Adopt Resolution No. 2014-24: Approving Final Tract Map 72067 for the subdivision of air space to an 11 -unit office condominium located at 680 S. Brea Canyon Road. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 7. PUBLIC HEARING: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: None. 8. COUNCIL CONSIDERATION: None. Chang, Tanaka, M/Herrera None Lyons, MPT/Tye None JUNE 3, 2014 PAGE 5 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS"COUNCIL MEMBER COMMENTS: C/Chang stated that she can be followed on Twitter and Facebook. Last week she participated in a board meeting with the League of California Cities and she was sad to have missed the Bow Wow Bash which she heard was very well attended. She asked everyone to vote. C/Tanaka reported that on Wednesday, May 21St he attended the Walnut Valley Water District's BBQ lunch to celebrate Water Week. That evening he attended the Pomona Unified School District's Board Meeting during which 53 PUSD employees were recognized with 10 plus years of service who will retire at the end of this school year. On Friday he attended the WCCA meeting during which new officers were elected. He congratulated Chair Glenn Parker and Vice Chair Michael Hughes. There were consent calendar items and several resolutions which were approved. On Wednesday May 28 he attended the Relay for Life's organizational meeting. The Diamond Bar Relay for Life will be held June 7 and 8 from Saturday at 9:00 a.m. to Sunday at 9:00 a.m. at Lorbeer Middle School track. On Thursday, May 29 he attended the Diamond Bar High School graduation for the class of 2014 and congratulated all of the graduates. The Diamond Ranch High School graduation is tonight and he congratulated all of those graduates. Last Saturday he attended the Bow Wow Bash at the Dog Park and on Sunday he attended the Diamond Bar Chinese Association Gala at Pacific Palms. He congratulated Jamie Ku and her board. C/Lyons attended the Diamond Bar Chinese American Association celebration on Sunday which was a very good showcasing local talent. She also attended the Bow Wow Bash which was a lot of fun for her and for her dog who received a lot of attention. It was a great event. She encouraged residents to take advantage of all of the fun, free, family summer programs and events including Concerts in the Park, Movies after Dark and the 4th of July Bash. MPT/Tye hoped that individuals would consider joining the Volunteer Program. The number of hours and services provided to the community as well as, the extraordinary savings the community realizes from this service. Please call Sgt. Saldecke at 909-859-2859 to volunteer. He represented the LA County Sanitation District this week during which the group discussed the peripheral outflow system that will be implemented over the next few years and the good amount of recycled water they are able to provide. If individuals have not voted, please do so. The polls are open until JUNE 3, 2014 PAGE 6 CITY COUNCIL 8:00 p.m. This democracy may not be perfect but it's the best in the world and the envy of other nations. M/Herrera congratulated the City's Finance Department for once again (for the past 18 years) being awarded the Certificate of Achievement for the annual finance reporting. The City Council will receive a plaque which will be presented at a future Council meeting. Congratulations to the Finance Department on this great achievement. She thanked the Sheriff's Department for always being alert and watching out for the citizens of Diamond Bar including a couple of recent incidents in which Deputy John Abe was patrolling and observed an individual stopped at a vacant drive through and noticed a large black bag on the back seat from which a lot of tools were visible. Deputy Abe found a second bag of tools near an open door of a business and discovered that the individuals in the vehicle were attempting to steal metal from inside the business. She thanked Deputy Abe for being alert and stopping the crime before it happened. She also thanked Deputy's Heidi Villasenor and Aaron Scheller for stopping two individuals and conducting a thorough search of the vehicle to find prescription narcotics that did not belong to the individuals who were then taken to the station, fingerprinted and found to have a federal warrant out for the arrest of the male individual. She again thanked the deputies for helping to stop crime and keep the City's crime rate low. She attended a recent San Gabriel Valley Council of Governments meeting during which elections for the next year were held. She congratulated next year's President, Mary Ann Lutz, Monrovia; First Vice President, Gene Murabito, Glendora; Second Vice President, Teresa Real Sebastian; Monterey Park, and Third Vice President, Tim Spohn, City of Industry. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council Meeting at 6:55 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2014. CAROL HERRERA, MAYOR Agenda 4 6 , 2 Meeting Date: June 17, 2014 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma er s TITLE: Ratification of Check Register datd May 29, 2014 through June 11, 2014 totaling $ 1,732,701.95 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 1,732,701.95 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated May 29, 2014 through June 11, 2014 for $ 1,732,701.95 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Luisa Allen Accounting Technician REVIEWED BY: C - Finance Director Attachments: Affidavit and Check Register— 05/29/14 through 06/11/14. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated May 29, 2014 through June 11, 2014 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $838,297.68 Com Org Support Fund $700.00 Prop A - Transit Fund $802,544.50 Prop C - Transit Tax Fund $1,395.00 Cam Dev Block Grant Fund $1,942.50 LLAD 38 Fund $13,346.62 LLAD 39 Fund $12,514.30 LLAD 41 Fund $4,603.79 Capital Imp Projects Fund $17,503.00 Computer Eq Repl Fund $39,854.56 $1,732,701.95 Signed: L Dianna Honeywell Finance Director N 000 mmo C In ID M 00 l0 N mNCM ul In low O o 1p m O o N m 00000 00000 C m !V cx o o oN1 O1N �minN o o N m 00 00 l0 In O m m O O VI lO al C Lll C C L� O L` O L` Ifl L` Ol N N O N N N ry O O1 C C 1`l M m C NO Nm lO Dl O 1p If1 (+1 N N r O n1 t� m N Ifl m m N O N O a' � O1 O1 Lll V1 N t+l Ifl O N O N N ri N l0 N 1i m H l0 M N Ill M N m m W m N N N N l0 N C L� 'i N 01 £ N I N N M '(❑ra WF U U P ry 000 o O O O 00000 0000 0 0 0 0 0 000 O o O o 000 0000 0 o O O 0 E 000 O o 0 0 0000 0 0 0 0 00000 0 o O 0000 0 0 0 0 0 W a a m a >? a s o0o Q x a q zzkQ a F o u [-1 FFF m HHuu zao H u I I I a H o W F F W U Z W N W W F '� >> £. £. 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ZE y aS W5 WWWW gal 2 H >> �� �n Z 3�y3 5333 a z3z y3 Wa' F 4 gZZ a c7 a a m m wm �� w wwm m o00o z z m oq w w `rye ww as wwww uuuu c7 H ro Z la/] W 0.l a as FE w 0 HHHH mmmm x wwww » > 5 5553 3538 N N i F c c d' w as cc c c arc cd' awaw cN a U W Q N N N N ri ri 'i ri N N N N N N N N N N N ri w a w iri .n .n .n vi u� vi in .n .n in �n �n �n u� vi vi vi vi vi io Z N\ w H o m to I\O low oO 0 to to IO mIO to to to m o N W CI Hq qty, H '/y N M C If1 �D IO L�t� m Ol OOOO NNNN ry M F c a 0 c c c a m r�i m w w c M mM 1+1l ul u !+1 M I I I I I M O O N F a U CO W W m m UI 0 RI O c0 O m N m m o U N O H W 0 W O O O O O 0 O O O O O O O O O O O O O U zNm v u x x x x a w fi N u u Z � ❑ o �H-I F F y � U CxJ V U U a y w a UW W uP W O x o o O 0 o 0 0 0 ooa ooa ooa ooa o o 0 0 0000a 0000a 000 oo� 000 o0 o 0 q 0.' as F 4u V] N NO N N F N N F N N F H N N N F N N F F F HH r� o 0 . o 0 0 0 o o o o O O O O O I o o O O H qHE w000 1a H E N I H H H CITY COUNCIL Agenda # 6.3 (a ) Meeting Date: 6/17/14 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma g TITLE: AUTHORIZATION TO EXCEED HE CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LIMITED, IN AN AMOUNT NOT -TO -EXCEED $70,000 FOR THE 2014/15 FISCAL YEAR. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for these services are included in the General Fund and Proposition A (Transportation) Fund of the 2014/15 fiscal year budget. General Fund costs are recovered by the City through fees collected from program participants. BACKGROUND/DISCUSSION: Inland Empire Stages Limited provides excursion services for seniors and adults throughout the year. This includes the coordination of transportation on a luxury bus, entrance tickets and lunch or dinner for participants. Although each bus excursion conducted by the City of Diamond Bar is bid separately to several companies, Inland Empire Stages Limited has consistently been the low bidder on most trips for the past eight years. Staff expects this bidding pattern to continue in the 2014/15 Fiscal Year. City staff and trip participants report that even with the low prices, Inland Empire Stages Limited continues to be extremely professional, and is very responsive in fulfilling the needs of the City and its participants. Per the City's Purchasing Ordinance, the City Council is required to approve service contracts in excess of $25,000. Although no single award for service will exceed that amount, the aggregate amount of compensation paid to Inland Empire may exceed $25,000. Based on past precedent, Staff anticipates expenditures of $50,000 for senior excursions and $20,000 for adult excursions for the 2014/15 fiscal year, for a total estimated expenditure of $70,000 to Inland Empire. PREPARED BY: Christy Murphey, Recreation Superintendent REVIE p' B' s Community Services Director CITY COUNCIL �•: VIA: TITLE: CITS� DIIAMMON I BAR Honorable Mayor and Members of the City Council James DeStefano, City Ma a APPROVAL OF AMENDMENT #4 TO AGREEMENT WITH ACCESS CONTROL SECURITY TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2014 THROUGH JUNE 30, 2015 IN THE AMOUNT NOT -TO -EXCEED $35,000. Agenda # 6.3 (b) Meeting Date: 6/17/14 AGENDA REPORT RECOMMENDATION: Approve. FINANCIAL IMPACT: Costs related to the security guards will be recovered through fees charged in the rental contracts for use of the Diamond Bar Center. Security guard costs of $2,300 for special events and of $1,200 for late night security are included in the 2014/15 FY General Fund budget and are not recovered. BACKGROUND: The City awarded a contract to Access Control Security on August 16, 2010 to provide security guards at the Diamond Bar Center and at City Special Events. Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. City Council approved Amendment #1 on June 21, 2011, #2 on June 19, 2012, and Amendment #3 on June 18, 2013. Staff is seeking City Council approval to extend the contract for the period of July 1, 2014 through June 30, 2015 in the amount not -to -exceed $35,000. DISCUSSION: Access Control Security provides guards for Diamond Bar Center rentals, City Special Events, and late night events. Staff estimates that $31,500 will be spent on guards for private rentals, $2,300 for special events and $1,200 for late night security at the Diamond Bar Center as needed for building security and staff safety, for a total contract amount of $35,000. $31,500 of this amount will be recovered through fees charged for private rentals. Per the City's Purchasing Ordinance, an award for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $25,000 without prior approval from the City Council. Staff anticipates expenditures of $35,000 for security guard services for the 2014/15 fiscal year. PREPARED BY: Christy Murphey, Recreation Superintendent REVI B ose Community Services Director Attachments: Amendment #4 Agreement with Access Control Security dated 8/16/10 AMENDMENT #4 TO AGREEMENT THIS AMENDMENT #4 TO SECURITY GUARD SERVICE AGREEMENT is made this 17`n day of June, 2014 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and ACCESS CONTROL SECURITY ("CONTRACTOR"). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY August 16, 2010 ("the AGREEMENT") to provide Security Guards for Diamond Bar Center rentals and City Special Events. b. Parties agreed to Amendment #1 extending the tern from July 1, 2011 through June 30, 2012. C. Parties agreed to Amendment 42 extending the term from July 1, 2012 through June 30, 2013. d. Parties agreed to Amendment 43 extending the term from July 1, 2013 through June 30, 2014. Amendments 1, 2 and 3 are collectively referred to herein as the "Amendments". C. Parties desire to amend the AGREEMENT and Amendments to extend the tern for an additional 12 months. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — The term of the AGREEMENT as provided in Section 2 of the AGREEMENT and as amended by the Amendments, is revised to extend the AGREEMENT from July 1, 2014 through June 30, 2015 Section 2 — Compensation provided in Section 3 of the AGREEMENT will remain $15.90 per hour/per guard; provided that in no event shall the total compensation paid under this Amendment 44 exceed $35,000. Except as specifically provided in this Amendment #4, the AGREEMENT and the Amendments shall in all other respects be full force and effect. If there is a conflict between this Amendment 44 on the one hand, and the AGREEMENT and the Amendments on the other, then this Amendment #4 shall control. IN WITNESS WHEREOF, the parties hereto have executed this Amendment #4 on the date and year first written above. CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Carol Herrera Mayor APPROVED TO FORM City Attorney Access Control Security Contractor Signed Title City Clerk CITY OF DIAMOND BAR COMMUNITY SERVICES DIVISION VENDOR SERVICES AGREEMENT THIS AGREEMENT is made as of August 16, 2010 by and between the City of Diamond Bar, a municipal corporation ("City") and Access Control Security. Inc, ("Vendor"). RECITALS A. City desires to utilize the services of the Vendor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposal dated April 14, 2010. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Vendor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Vendor are as described in Exhibit "B" the Vendor's Response, to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Vendor are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect August 28. 2010, and shall continue until August 28. 2011 unless earlier terminated pursuant to the provisions herein. Contract may be extended. 3. Compensation. Licensee renting Diamond Bar Center who is serving alcohol at scheduled event agrees to compensate Vendor for each service which Vendor performs to the satisfaction of City. Payment will be made one month prior to event date to the City and then submitted to vendor. Rate for service performed will be $15.90 per hour/per guard with a five hour minimum. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Vendor's proposal, the provisions of this Agreement shall control. 5. Addresses: City: City Manager Vendor: Manuel Artadi City of Diamond Bar Access Control Security, Inc. 21825 Copley Drive 20945 Devonshire Street, Suite 103 Diamond Bar, CA 91765-4177 Chatsworth, CA 91311 6. Standard of Performance. Vendor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 7. Indemnification. Vendor agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Vendor, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Vendor, then all obligations, liabilities, covenants and conditions under this Section 7 shall bejoint and several. 8. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $3,000,000 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Contractor shall require contracting officials to cant' automobile insurance per State of California law; City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City insurance certificates indicating compliance with the minimum insurance policy endorsements indicating compliance with all minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 9. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Vendor shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 10. Personnel. Vendor 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 Vendor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Vendor reserves the right to determine the assignment of its own employees to the performance of Vendor's services under this Agreement, but City reserves the right, for good cause, to require Vendor to exclude any employee from performing services on City's premises. it. Non -Discrimination and Equal Employment Opportunity. A. Vendor 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. Vendor 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. Vendor 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. 12. Assignment. Vendor shall not assign or transfer any interest in this Agreement nor the performance of any of Vendor's obligations hereunder, without the prior written consent of City, and any attempt by Vendor to so assign this Agreement or any rights, duties, or obligations arising hereunder shalt be void and of no effect. 13. Compliance with Laws. Vendor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 14. 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 Vendor 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 Vendor, 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. 15. 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 parry 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. 16. 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. 17. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 18. 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. 19. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Vendor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 20. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City, ATTEST: CITY OF DIAMOND BAR ~City Manager Approved as to form: "VENDOR" By.vc- Its: CITY COUNCIL Agenda # Meeting Date: 6.3(c) 6/17/14 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mana TITLE: APPROVAL OF AMENDMENT #4 THE VENDOR SERVICES CONTRACT WITH D.H. MAINTENANCE SERVICES TO EX END THE JANITORIAL AND BUILDING MAINTENANCE SERVICES CONTRACT FOR THE LIBRARY, CITY HALL, DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM FOR THE TERM OF JULY 1, 2014 TO JUNE 30, 2017 IN THE AMOUNT NOT TO EXCEED $268,832 PER YEAR: RECOMMENDATION: Approve. FINANCIAL IMPACT: Approval of Amendment #4 will authorize staff to expend up to $268,832 per year for Janitorial and Building Maintenance Services at the Library, City Hall, Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room during the term of July 1, 2014 through June 30, 2017. This is the same amount the City Council authorized for the current fiscal year for these services. $268,832 in funding is included in the adopted 2014/15 FY budget. There will be no CPI increases during the three-year term of the agreement. BACKGROUND: On June 21, 2011, the City Council approved the contract with D.H. Maintenance Services to provide janitorial services at the Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room through June 30, 2014. On December 6, 2011, the contract was amended to add City Hall to their contract. On June 19, 2012, the contract was further amended to add the Library to their contract. Staff believes D.H. Maintenance Services is doing an excellent job providing these services and that the janitorial services agreement for Library, City Hall, Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room should be extended for three years. DISCUSSION: The summary of services in Amendment #4 that will be performed by D.H. Maintenance Services, if approved by the City Council, are: 1. Library $43,325 2. City Hall $34,675 3. Diamond Bar Center $182,010 4. Heritage Park Community Center $5,780 5. Pantera Park Activity Room $3,042 TOTAL FOR FY 2014/15 NOT -TO -EXCEED $268,832 Amendment #4 provides for the maintenance of the Library, City Hall, Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room during the term of July 1, 2014 through June 30, 2017. The $268,832 is the same amount the City Council authorized for the current fiscal year for these services. There will be no CPI increases during the three-year term of the agreement with D.H. Maintenance Services. The Cost of the Three -Year Contract is: 2014/15 FY $268,832 2015/16 FY $268,832* 2016/17 FY $268,832** * If included in the adopted 2015/16 FY Budget. ** If included in the adopted 2016/17 FY Budget REVIEWED BY: Director of Community Services Attachments: Amendment#4 dated June 17, 2014 Revised Exhibit "C" dated 6/17/14 Janitorial & Building Maintenance Services Agreement dated 6/21/11 for term of 7/1/11 to 6/30/14 AMENDMENT #4 TO AGREEMENT THIS AMENDMENT #4 TO MAINTENANCE SERVICES AGREEMENT is made this 17th day of June, 2014 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and D.H. MAINTENANCE SERVICES ("CONTRACTOR"). Recitals: a. CONTRACTOR entered into a 3 Year AGREEMENT with CITY on June 21, 2011 ("the AGREEMENT") to provide Janitorial and Building Maintenance Services at the Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room in the City of Diamond Bar. b. Amendment #1 was approved on December 6, 2011 to add the new City Hall building, located at 21810 Copley Drive, to Section 1, Contractor's Services, for the term of January 3 to June 30, 2012. C. Amendment #2 was approved on June 19, 2012 to add the new Library, located at 21800 Copley Drive, to Section 1, Contractor's Services, for the term of July 1, 2012 to June 30, 2013. d. Amendment #3 was approved on June 4, 2013 to extend the term for the Library and City Hall for one year, July 1, 2013 — June 30, 2014. Amendments 1, 2 and 3 are collectively referred to herein as the "Amendments". e. Parties desire to amend the AGREEMENT and Amendments to extend the term for three years, July 1, 2014 to June 30, 2017, for the Library, City Hall, Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room in the amount not to annually exceed $268,832. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Contractor shall provide janitorial and building maintenance services as such services are described in the Agreement and the Amendments for the Library, City Hall, Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room and as further provided in Exhibit "C", which is attached hereto and incorporated herein by this reference. Section 2 - The term of this Amendment #4 shall be from July 1, 2014, to June 30, 2017. Section 3 — City shall pay Contractor for the furnishing of all material and services the total not to exceed amount of $268,832 as is further detailed in the attached Exhibit "C". Except as specifically provided in this Amendment #4, the AGREEMENT and the Amendments shall in all other respects remain in full force and effect. If there is a conflict between this Amendment #4 on the one hand and the Agreement and the Amendments on the other, then this Amendment #4 shall control. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #4 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation of the State of California Signed Carol Herrera Mayor APPROVED TO FORM D.H. Maintenance Services Contractor Signed Title City Attorney City Clerk EXHIBIT "C" — AMENDMENT #4 PRESENTED TO THE CITY COUNCIL 6/17/14 EFFECTIVE 7/1/14 — 6/30/17 JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE LIBRARY, CITY HALL, DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND THE PANTERA PARK ACTIVITY ROOM ANNUAL COMPENSATION SCHEDULE FOR CONTRACT PERIOD OF JULY 1, 2014 THROUGH JUNE 30, 2017 Contract services to be extended for the period of July 1, 2014 to June 30, 2017 with D.H. Maintenance Services: 1. Regular monthly Service 5 days/week for City Hall — 12 months @ $1,600 per mo. _ $19,200 2. Regular monthly Service 6 days/week for Library/1St Floor City Uses = $21,600 (12 mos. @ $1,800 per month) 3. Building Maintenance staffing at City Hall & Library 6 days/week for 8/hrs/day = $37,200 ($3,100 per mo. for 1 staff @ 48 hrs/wk for 12 months) 4. Regular monthly Service for Diamond Bar Center — 12 mos. @ $2,407.83 per mo. _ $28,894 (Includes High Cleaning) 5. Building Maintenance staffing at Diamond Bar Center seven days per week = $118,116 ($9,843 per mo. for 4 staff @ 40 hrs/wk) 6. Regular monthly Service for Heritage Park Com Center— 12 mos. @ $481.67 per mo. _ $5,780 (Service seven days per week) 7. Regular monthly Service for Pantera Activity Room — 12 mos. @ $253.50 per mo. _ $3,042 (Service five days per week) 8. Staff assistance as requested by City staff for events and activities @ $14.00 per hr = $35,000 GRAND TOTAL FOR AMENDMENT #4 FOR EACH FISCAL YEAR THROUGH 6/30/17: $268,832 The Cost of the Three -Year Contract is: 2014/15 FY $268,832 2015/16 FY $268,832* 2016/17 FY $268,832" If included in the adopted 2015/16 FY Budget. "* If included in the adopted 2016/17 FY Budget CITY COUNCIL Agenda # 6.3 (d) Meeting Date: 6/17/14 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mn e TITLE: APPROVAL OF AMENDMENT 4 T CONTRACT WITH WEST COAST ARBORISTS FOR CITY-WIDE TREE MAINT NANCE AND WATERING SERVICES IN THE CITY OF DIAMOND BAR FOR THE 2014/15 AND 2015/16 FISCAL YEARS IN THE AMOUNT NOT TO EXCEED $233,439 EACH FISCAL YEAR. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds totaling $233,439 for this contract are included in the adopted 2014/15 fiscal year budget, $171,082 from the General Fund, $15,000 from the CIP budget, and $47,357 from LLAD #41. Following is the breakdown of costs per service type: Tree Maintenance - 5 year cycle Area 2 — 1,819 trees; LLAD #41 — 728 trees LLAD #41 Slopes (Trim trees over a 5 -year period) Service Requests and As Needed Work Emergency Call Out Services Arborist Inspections Tree Planting Tree/Stump Removals/Replacements for Sidewalk Repairs and Pro -Active Risk Management Remove and Replace 16 Stone Pines on Morning Canyon Road Annual Supply of Tree Stakes & Ties Bee Hive Removals from City Trees Remove Dead Alders/Eucs at Pathfinder Slope -- LLAD #41 (Remove trees over a 5 -year period) Tree Watering Tree Planting at Dog Park — 50 Trees -- CIP Total $116,901 $12,373 $7,345 $3,105 $5,380 $11,380 $23,375 $14,280 $1,000 $500 $5,500 $17,300 $15,000 $233,439 BACKGROUND: On June 7, 2011, the City Council awarded a contract to West Coast Arborists for city-wide tree maintenance services for the 2011/12 FY. The City Council approved amendment #3 on June 4, 2013 to extend the contract for the 2013/14 FY. Section 14 of the agreement authorizes the City Council to extend the agreement if doing so is deemed to be in the best interest of the City. Staff believes West Coast Arborists has done an excellent job maintaining the City's trees. West Coast Arborists has agreed to a two-year contract extension with no increase in the unit prices for the two-year term. The unit prices for the 2014/15 and 2015/16 fiscal years are provided in Attachment A of Amendment #4. This extension includes the quantity of trees necessary to accomplish the City's standard of a five-year trimming cycle for all City trees. Please note that even though unit prices will not increase, the overall cost for 2014/15 will increase. This is because there are more trees on slopes to trim this year than last year. Slope trees are more costly to trim because the trimmed branches need to be carried across the slope manually to the transport trucks. This additional labor adds cost to the tree trimming price. DISCUSSION: The Tree Maintenance Services contract includes the following services in Diamond Bar: tree -trimming, tree planting, tree and stump removal, emergency work and watering of trees along the major arterials not serviced by irrigation systems. The contract also provides for an automatic up -date of the City's tree inventory as services are performed. Services are provided in the following areas of the city: along the major boulevards, medians & parkways, residential neighborhoods, lighting and landscape maintenance districts and City Parks. The contract will also provide for the planting of 50 trees at the Dog Park this year. West Coast Arborists has successfully provided tree maintenance services in Diamond Bar for 25 years. Attachments: Amendment #4 to Agreement dated June 17, 2014. Unit Prices for the 2014/15 and 2015/16 Fiscal Years dated June 17, 2014. Letter from West Coast Arborists dated 5/30/14 agreeing to a two-year contract extension with no CPI increase. Tree Maintenance Services Agreement dated June 7, 2011. & REVIEWED BY: Community Services Director AMENDMENT #4 TO TREE MAINTENANCE SERVICES AGREEMENT THIS CONTRACT AMENDMENT #4 is made this 17th day of June, 2014 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and WEST COAST ARBORISTS INC, ("CONTRACTOR") Recitals: a. CONTRACTOR entered into a 1 -year AGREEMENT with CITY on June 7, 2011 ("the AGREEMENT') to provide City-wide Tree Maintenance Services in the amount of $181,700 for the term of July 1, 2011 — June 30, 2012 (the AGREEMENT). b. Amendment #1 was approved on March 6, 2012 to add $30,000 to the AGREEMENT for a total authorized amount not to exceed $211,700 for the 2011/12 FY. C. Amendment #2 to was approved on June 19, 2012 in the amount of $215,685 for the term of July 1, 2012 through June 30, 2013. d. Amendment #3 was approved on June 4, 2013 in the amount of $201,300 for the term of July 1, 2013 through June 30, 2014. Amendments 1, 2 and 3 are collectively referred to herein as the "Amendments". e. Parties desire to amend the AGREEMENT and Amendments to extend the term for two years from July 1, 2014 through June 30, 2016 in the amount not to exceed $233,439 per fiscal year. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — The term of this Amendment #4 shall be from July 1, 2014, to June 30, 2016. Section 2 — City shall pay Contractor for the furnishing of all material and services the total not to exceed amount of $233,439 for the 2014/15 FY and the 2015/16 FY. Except as specifically provided in this Amendment #4, the AGREEMENT and the Amendments shall in all other respects remain in full force and effect. If there is a conflict between this Amendment 94 on the one hand and the Agreement and the Amendments on the other, then this Amendment #4 shall control. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #4 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation of the State of California Carol Herrera Title: Mayor APPROVED TO FORM: City Attorney WEST COAST ARBORISTS, INC. Contractor Signed Title City Clerk Attachment A to Amendment #4 June 17, 2014 Tree Maintenance Services Iteml Description Unit Current Prices FY14-15 & FY15-16 r= 1 Annual Tree Trimming Each $ 40,50 $ 40.50 2 Service Request Trimming 0-6" dsh Each $ 40.50 $ 40.50 3 Service Request Trimming 7-16" dsh Each $ 75.15 $ 75,15 4 Service Request Trimming 17-24" dsh Each $ 81,15 $ 81.15 5 Service Request Trimming 25-36" dsh Each $ 192.50 $ 192,50 6 Service Request Trimming over 37" dsh Each $ 197.95 $ 197.95 7 Coco Palm Trimming Each $ 40,50 $ 40.50 8 Fan Palm Trimming Each $ 40.50 $ 40.50 9 Date Palm Trimming Each $ 139,80 $ 139.80 10 Tree and Stump Removal under 36" dsh Inch $ 16.70 $ 16.70 11 Tree and Stump Removal over 36" dsh Inch $ 23.30 $ 23.30 12 Stump Only Removal Inch $ 5.80 $ 5.80 13 Plant 15 gallon tree Each $ 103.30 $ 103.30 14 Plant 24" Box tree Each $ 208.20 $ 208.20 15 Plant 36" Box tree Each $ 757.20 $ 757.20 16 Crew Rental - 3 -man crew Hourly $ 161.10 $ 161.10 17 Crew Rental - 2 -man crew Hourly $ 107.40 $ 107.40 18 Crew Rental - 1 -man crew Hourly $ 53.70 $ 53.70 19 Emergency Crew Rental Hourly $ 232.35 $ 232.35 20 Watering Day $ 349.50 $ 349.50 21 GPS Tree Inventory Per tree site $ 2.35 $ 2.35 22 Slope Tree Pruning Hourly $ 161.10 $ 161.10 Tree Care Professionals Serving Comn-unities Who Care About Trees May 30, 2014 City of Diamond Bar ATT'N: Bob Rose 21810 Copley Drive Diamond Bar, CA 91765 RE: Tree Maintenance Agreement - Contract Years 2014-2015 & 2015-2016 Dear Mr. Rose, Over the past year, we have had the pleasure of continuing our successful business relationship with the City. Together our organizations have endured both good and bad times with the ever fluctuating economy of our state and country. Despite current economic trends; the integrity, health and preservation of Diamond Bar's urban forest remains our common goal. In the continued tradition of mutual benefit, we would like to propose holding the unit prices, terms and conditions for two (2) years (FY2014-2015 & FY2015-2016) and forego any request for a cost adjustment. By maintaining these rates, we can help to ease the current financial strain, promote contractor stability and guarantee the City with quality tree care & customer service. We look forward to continuing the strong relationship built between us, and to maintaining quality urban tree care service. Should you have any questions or require additional information, please contact me at (800) 521-3714. Sincerely, yl� A - 6 Victor M. Gonzalez Vice -President, Director of Marketing MAINTENANCE SERVICES AGREEMENT FOR TREE MAINTENANCE SERVICES THIS AGREEMENT is made as of Jun7 _, 2011 by and between the City of Diamond Bar, a municipal corporation ("City") and Vilest Coast Ao•borists ("Contractor"), RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide city-wide tree maintenance services. B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for Tree Maintenance Services in the City of Diamond Bar. The work to be performed shall be in accordance with the Request For Proposals (RFP) dated April 28, 2011. 2. Incorporated Documents To Be Considered Complementary. The RFP (Exhibit "A") is incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The RFP, CONTRACTOR'S Proposal dated May 18, 2011 (Exhibit "B"), together with this written agreement, shall constitute the contract between the parties. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this Agreement shall control. 3. Term of Agreement. This Contract and unit prices shall take effect July 1, 2011, and remain in effect, unless earlier terminated pursuant to the provisions of Section 13 herein, until June 30, 2012. This Agreement may be extended as set forth in Section 14. 4. Compensation. City shall pay to the Contractor for furnishing all material and doing the prescribed work an amount not to exceed the grand total of one hundred eighty-one thousand, seven hundred dollars ($181,700.00) in accordance with the unit rates set forth in the Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference. Payment will be made only after submission of proper invoices in the form specified by City. City: James DeStefano, City Manager Contractor: West Coast Arborists, Inc. City of Diamond Bar 2200 E. Via Burton Street 21825 Copley Drive Anaheim, CA 92806 Diamond Bar, CA 91765-4178 6. Staters as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Contractor shall, at Contractors sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractor's failure to comply with this Section 6. i. 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. S. indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without, limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of'the Contractor's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that 'they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10, Confidentiality, 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, 3 documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire. 12. Conflict; of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 13. Termination. This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. Extension Option. The City Council shall have the option to extend this Agreement up to six (6) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods, the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price 4 Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diern 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, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 17. Mon -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 5 18. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractors obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 19. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. lion -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Mediation, Any dispute or controversy arising under this Agreement, or in connection with any of the tenns and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Records and Audits. The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deerned necessary by the City to assure proper accounting. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. 26, Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This 6 Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 27. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: By:`% ha. _L .0t� Tommye Cribbi-ns, City;C!erk Aper, ed as to for ems" chael Jenkins, City orney �r1r111121 CITY OF MOND BAR By: — ve Tye, ayor State of California "CONTRACTOR'S" License No. 366764 . CONTRACTOR'S Business Phone (714) 991-1900 Emergency Phone (866) LIMB -DOWN OR (866)546-2369 at which CONTRACTOR can be reached at any time. CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Agenda # 6.3 (e) Meeting Date: 6/17/14 AGENDA REPORT TITLE: APPROVAL OF AMENDMENT #q TO CONTRACT WITH TENNIS ANYONE TO AUTHORIZE A $6,000 INCREASE IN THE CONTRACT TO AN AMOUNT NOT TO EXCEED $62,000 FOR 2013/14 FISCAL YEAR, RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds to pay the costs of this contract increase are already included in the 2013/14 FY Budget. BACKGROUND: The City Council approved Amendment #5 with Tennis Anyone on June 18, 2013 in the amount not to exceed $56,000. Staff is seeking City Council approval to increase this authorized amount by $6,000 to an amount not to exceed $62,000 and to authorize the City Manager to execute Amendment #6 to reflect that amount. DISCUSSION: Enrollment in Tennis Classes has increased during the 2013/14 fiscal year. Recreation staff estimates that a total of 760 participants will take lesson from Tennis Anyone during the 2013/2014 Fiscal Year. Tennis Anyone has consistently provided quality instruction to the residents of Diamond Bar during the term of their contract. Per the City's Purchasing Ordinance, an award for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $25,000 without prior approval from the City Council. The current agreement with Tennis Anyone has a not to exceed amount of $56,000. Staff anticipates expenditures of $62,000 for tennis instruction for the 2013/14 fiscal year. PREPARED BY: Christy Murphey, Recreation Superintendent Attachments: Amendment #6 with Tennis for Anyone dated June 17, 2014. Contract with Tennis Anyone dated July 1, 2008. 1009195.1 AMENDMENT #6 TO TENNIS INSTRUCTION SERVICE AGREEMENT THIS AMENDMENT #6 TO TENNIS INSTRUCTION SERVICE AGREEMENT is made this 17`h day of June, 2014 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and TENNIS ANYONE ("CONTRACTOR"). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective July 1, 2008 ("the AGREEMENT") for recreational tennis instruction. b. Parties agreed to Amendment #1 extending the term from July 1, 2009 through June 30, 2010. c. Parties agreed to Amendment #2 extending the term from July 1, 2010 through June 30, 2011. d. Parties agreed to Amendment #3 extending the term from July 1, 2011 through June 30, 2012. e. Parties agreed to Amendment #4 extending the term from July 1, 2012 through June 30, 2013. f. Parties agreed to Amendment #5 extending the term from July 1, 2013 through June 30, 2014. g. Parties desire to increase the not to exceed amount in Amendment #5 from $56,000 to $62,000. Now, therefore, the parties agree to amend the AGREEMENT as follows. Section 1 — Compensation provided in Section 3 of the AGREEMENT shall be increased to the amount not -to exceed $62,000 for the term of July 1, 2013 to June 30, 2014. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #6 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR TENNIS ANYONE A Municipal Corporation of the State of California Contractor Signed: Jim DeStefano, City Manager APPROVED AS TO FORM: City Attorney 1009195.1 Signed: Title: City Clerk ?r' --11e. TENNIS INSTRUCTION SERVICE AGREEMENT THIS AGREEMENT is made as of July 1, 2008 by and between the City of Diamond Bar, a municipal corporation ("City") and Tennis Anyone, ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposals dated June 5, 2008. B. Contractor represents that it is fully qualified to perform such officiating services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" the City's request for proposals dated, June 5, 2008. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit "B" and as supplemented in seasonal league playing schedules provided by the City Manager, or his designee. Services commence when official arrives at designated assignment site, and cease when official departs said site. Services do not involve any travel or transportation whatsoever. 2. Term of Agreement. This Contract shall take effect July 1, 2008, and shall continue until June 30, 2009 unless earlier terminated pursuant to the provisions herein. By mutual agreement and consent of City and Contractor, this agreement may be extended for up to five (5), one (1) year increments. Conditions and fees to be negotiated at time of extension, as amended. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed sixty-five thousand dollars ($65,000) annually. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, California Contractor: Bill Bush Tennis Anyone 950 N. Deusenberg Drive #3203 91765 Ontario, CA 91764 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any maturer agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, their Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor represents that he does not have any employees nor will he have any employees during the term of this contract. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor farther agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Contractor, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Contractor shall require contracting officials to carry automobile insurance per State of California law; City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; slid shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City insurance certificates indicating compliance with the minimum insurance policy endorsements indicating compliance with all minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 11. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. Contractor may terminate this Agreement with or without cause upon ninety (90) days written notice to the City. The effective date of termination shall be upon the date specified in the notice of termination. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. 12. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 13. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified, applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 14. 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. 15. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 16. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 22. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: By: - To iye Cribbins City Clerk Ap ro d as to form B Q my Attorney "CONTRACTOR" CITY OF DIAMOND BAR By C:5� Jack Tanaka Mayor By: � y -w, � 6tz / (// Its: Owner "/1 � In6LVl &-tJ Agenda # 6.3 (f) Meeting Date: 6/17114 CITY COUNCIL //��=y. AGENDA REPORT �onaasDl� ,� r�S9 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man4j_\� I TITLE: APPROVAL OF CONTRACT WITH CALIFORNIA CONSERVATION CORP (CCC) FOR THE 2014/16 FY IN THE AMOUNT NOT TO EXCEED $40,000 TO COMPLETE TRAIL REPAIR AND BRUSH CLEARANCE SERVICES THROUGHOUT DIAMOND BAR RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for this contract are included in the adopted 2014/15 FY budget and are provided through the Proposition A Safe Parks Act. There is no cost to the City's General Fund. BACKGROUND: The CCC has assisted the City of Diamond Bar with repairing various trails and clearing brush throughout the City's park and trail system for the past six years through funding from the Proposition A Safe Parks Act. DISCUSSION: The funding used for the CCC contract can only be used for programs that benefit youth considered at -risk. Participants in the CCC program are recognized as at -risk youth under the policies of Proposition A. City staff will determine the work plan for the CCC to complete during the 2014/15 FY after execution of the contract. The work plan is expected to include the completion of a trail from Silver Tip Park to the Pantera Park Trail, repairs to various trails, and clearing fire breaks between natural areas owned by the City and local residences. PREPARED BY: Alison Meyers Community Services Coordinator ,R70 Bo s Director of Community Services Attachment: Contract Agreement for 2014/15 FY Sponsor Agreement dated 3/24/2008 CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION CCC -58 [A] PROJECT DATA Center Code: 872 POMONA Location Code: Project/Work Code: R-15-3454 ARRA: N Contract: - _ Resource Category: TRO Project Title: DIAMOND BAR TRAILS REHAB 14/15 Project Description: _ CCC will assist the City ofDiamond Bar with rehabilitating trails and some fire break brushing. Work will include, erosion re air, graffiti removal, replaceDG material with new trail material as needed, brushing, fuel breaks along City property (LLAD #41), and minor maintenance in parks and open space as assigned by city staff. [B] SPONSOR INFORMATION Age40000Code: C TYsOF1DIAMONDcy: Request # - 2dddres825 COPLEY DRIVE City: DIAMOND BAR State: CA ZIP: 91765-41,78 �,. Overtime Pay Serial # Sponsor Representative: ALISON MEYERS Title: RECREATION SPECIALIST Phone: (909) 839-7062 Technical Supervisor..: ANTHONY JORDAN Title: PARKS & MAINT SUPERINTENDENT Phone: (909) 839-7063 [C] EMERGENCY RESPONSE INFORMATION D Incident # mm Request # - OES # - HQ Ref. #� index CCC I _^ # Corpsmember. �,. Overtime Pay Serial # [D] ESTIMATE INFORMATION Hours: 2131 Start Date: 07/01/2014 [F] FOR HQ USE ONLY [E] WORKSITE INFORMATION Directions to Worksite Location: Take Diamond Bar Blvd. South, left on Grand and left. on Summitridge ZIP: 91765 4178 County Code: 19 County: LOS ANGELES JENNIFER DULAY 06/09/2014, 9:21am — Logged: Verified: MReceived: yst: T Entered: Checked_ Field operations Database System Ver: 2.9.1 (11/15/2013) CCC -58 Project/Work Code: R-1.5-3454 DIAMOND BAR TRAILS REHAB 14/15 Page: 2 [G] EDUCATIONAL, ACTIVITIES Sponsor: Educational presentation to increase Cor smember understanding of the natural environment. Length of time scheduled: 2.00 Hrs. Sponsor will .inform the crew on the nearby wildlife, flora and fauna and the natural environment. CCC: The CCC will be doing the following work/learn activities. Length of time scheduled: 2.00 Hrs. The crew will learn some fire hazard reduction work and trail clearing techniques. [H] EQUIPMENT, MATERIALS, AND LABOR To be supplied by Sponsor: To be supplied by CCC: Materials Transportation Supervision Technical Support Labor Workers Comp Insurance Basic Hand Tools Basic Safety Gear Special SPIKE equipment needed by crew: �. SPIKE Information (description and location of housing): Field Operations Database System Ver: 2.9.1 (11/15/2013) CCC -58 Project/Work Code: R-15-3454 DIAMOND BAR TRAILS REHAB 14/15 Page: 3 [1) NARRATIVE ON HOW PROJECT WILL MEET ALL LEGISLATIVELY MANDATED OBJECTIVES (Assign a numerical rating: 0=none, 1=10w, 2=medium, 3=high) Conserving improving, developing natural resources, maintaining environmentally important tan s or waters. RATING: 3 CCC will be improving various trails and clearing brush to reduce fire hazards in some environmentally sensitive areas. Providing public benefit or access (Estimated visitor use, increased safety, reduced maintenance costs etc. RATING: 3 After the completion of tie project their will be an increase in the amount of visitors using the trails, reduction of maintenance costs and the trail ... Providing Corpsmembers with opportunities for training in employable skills (e.g. specific tools and use, Lire control, carpentry) RATING: 2 Cm's will learn trail clearing techniques, gaining experience in fire hazard reduction and using some specialized. tools. CCC -58 Project/Work Code: R-15-3454 DIAMOND BAR TRAILS REHAB 14/1 Continuation LEGISLATIVE MANDATE - Public Benefit: (cont.) of visitors using the trails, reduction of maintenance costs and the trail's condition will be improved. Field Operations Database System Ver: 2.9.1 (11/15/2013) STATE OF CALIFORNIA AGREEMENT ADDENDUM CG0M[REV, 021101 Page 2012 CALIFORNIA CONSERVATION CORPS First FROM: 07/01/14 LABOR Hours RatelHr Tot_als__ CM Regular Time: 2131.06 $ 18.77 $ -� 40,000,00 Fiscal Year Display T0: 06/30/15 - CM Overtime]0.00 $ - ----------- $ - Performance -Based Labor: _ _ Staff BILLABLE Regular Time : $ - Staff Overtime: $ - _ EXPENSES Equipment (greater than $5,000): $ ^"- _ __ _____ _Tools (includes equlpment less than $5,000): $ - Materials: $ - _ ���^ Vehicle Operations: $ - _ Consulting; $ - Other: $ ^� - First Fiscal Year TOTAL: $ 4D,000.00 Second Fiscal Year _ FROM: 07/01/14 LABOR Hours Rate/Hr —_ Totals CM Regular Time: $ 18.77 $� Display TO. 05/31/15 CM Overtime: _0.0_0_ _ $ - $ Performance -Based Labor: $ - __ Staff BILLABLE Regular Time: $ - _^__ Staff Overtime: $ - EXPENSEB _ _ "" ---- E uipment (greater than $5,000: $ - Tools (includes equipment less than $5,000): $ - _„�,�„_,_ $ _ _ - _____Materials: _T_�—._ Vehicle Operations: $Consulting: $ - Other: $ - Second Fiscal Year TOTAL: $ - Third Fiscal Year FROM: _ LABOR Hours Rat elHr Totals _ CM Regular Time: 1 0.00 $ 18.77 $- Display _ ,_ CM Overtime: 0,00 _. $ -TO: Performance -Based Labor: $ - Staff BILLABLE Regular Time : _ $ - _ Staff Overtime : $ � " - EXPENSES Equlpment realer than $5,000: $ - Tools (includes equipment less than $5,000): $ Materials: $ Vehicle Operations: $ - Consulting: $ .�_.."" --- Other: $ _ _ Third Fiscal Year TOTAL: $ Fourth Fiscal Year FROM: LABOR Hours Rate/Hr Totals CM Re, ular Tlme: 0.00 $ 18.77 $ - Display TO: CM Qvcrtim.: 0.00 $ — - $ _ Performance -Based Labor.- __ Staff BILLABLE Regular Time- _ Staff Overtime - EXPENSES Equipment (greater than $5,000): $ Tools (includes equipment less than $5,000: $ Materials;$ Vehicle Operations: Consulting: $-"---� _ Other: $ - Forth Fiscal Year TOTAL: $ The total amount payable by Sponsor to CCC under this agreement shall not exceed: 40,000,00 STATE OF CALIFORNIA AGREEMENT ADDENDUM CM96A (REV 09116) Pagn 1 o 2 Agreement# I I (Ccc Coni offcor Ass gns) Index# 3872 (Center miles corn is Four dads) A] The California Conservation Corps (CCC), agrees to provide crew labor for the project titled: Diamond Bar Trails 14115 CALIFORNIA CONSERVATION CORPS CCC Work Code R15-3454 (Conley Pnriml Manager Assigns) Seo GCC -55 Pro)ect EVa[ud9an Farm for delals. 'B] The term of this agreement shall be: Agreement Start Date: July 1, 2014 =Check here if multi-year Agreement Expiration Date: June 30 2015 C] Sponsor agrees to reimburse the CCC for estimated costs in accordance with the Fiscal Summary. (Fiscal Year displays are shown on page 2.) NOTE TO SPONSOR: Budget detail will not be provided on performance based contracts. LABOR HoursRatelHr City o Diamond Bar Totals CM Regular Time: 2131.06 $ 18.77 $ 40,000.00 _ CM Overtime:1 0.00 $ - $ - Performance -Based Labor: $ Title: Staff BILLABLE Regular Time: $ SPONSOR EMAIL ADDRESS Staff Overtime : $ - EXPENSES SPONSOR BILLING ADDRESS: Equipment greater than $5,000): $ - Tools (includes equipment less than $5,000): $ - Materials: $ - Vehicle Operations: $ Consulting: $ Other: $ D The total amount payable by Sponsor to CCC under this agreement shall not exceed: $ 40,000.00 E] The CCC shall forward billing for labor and/or operating expenses with supporting documentation in triplicate to sponsor Monthly Quarterly At end of contract Sponsor agrees to pay CCC within 50 days from receipt of bill. Negotiated Advanced Payments: $ Sponsor Organization: City o Diamond Bar Date: Signature: Signature: Print: Print: a s DeStefano Title: City Manager SPONSOR EMAIL ADDRESS _ Alison Meyers Ameyers@DlamondBarCA,gov SPONSOR MAILING ADDRESS 21825 Copley Drive Diamond Bar, CA 91765-4178 SPONSOR BILLING ADDRESS: Jennifer Dulay STATE OF CALIFORNIA California Conservation Corps Date: Signature: Print: Maria Berumen Title: Administrative Chief CCC DISTRICT VERIFICATION Date: Signature: Print: Jennifer Dulay Title: Conservation Supervisor FORWARD PAYMENTS TO: California Conservation Corps Attention: Accounting/Receivables 1719 24th Street, Sacramento Sacramento, CA 95816 STATE OF CALIFORNIA --RESOURCES AGENCY ARNOLD SCHWARZENNEGGER, GOVERNOR CCC -96 (REV. 11/98) - CALIFORNIA CONSERVATION CORPS CCC District:Pomona 1719 14th Street, Sacramento, CA 95816 (916)341-3112 SPONSOR AGREEMENT (CCC -96) (Public / Governmental Entity) This agreement is made and entered into by and between the California Conservation Corps, State of California, hereinafter referred to as "CCC", and Sponsor's Name: Hereinafter called of Diamond Bar WHEREAS, the CCC wishes to provide training in job skills and environmental education to young men and women of California through a program which includes projects in public service conservation work, and WHEREAS, the Sponsor can provide opportunities for public service through meaningful and productive work projects, and WHEREAS, the Sponsor shall provide opportunities for public use of project areas, and WHEREAS, the CCC shall generally be engaged in projects which preserve, maintain and elihahce environmentally important lands and waters, and WHEREAS, the CCC shall accomplish useful and needed public works projects in both urban and rural areas, and WHEREAS, the CCC may execute contracts for furnishing the services of the Corps to �any,:federa! state, or local agency and any local or statewide private organization concerned with tho.olifectives of the Corps, and WHEREAS, the CCC may be. reimbursed by the federal government, any state or local public agency, or any private organization for actual expenses incurred by the Corps for any project. NOW THEREFORE, in consideration of the above, the parties hereto agree as follows: A. The Sponsor shall submit project proposals on a form provided by CCC. By so doing, with reference to any such proposals subsequently approved by the District Director, CCC, Sponsor agrees to: 1. Pay for all negotiated costs directly related to and necessitated by such projects. This may include, but not be limited to, reimbursement for CCC labor at the CCC's current fiscal year rate or at a negotiated rate on such projects. In the event that reimbursement is negotiated, further documentation will be necessary. 2. Demonstrate the availability of adequate plans and specifications, sufficient funds, materials, supplies, and equipment, adequate technical supervision and any special labor requirements to complete such project. 3. Obtain the approvals and permits required by any other state, federal , or local agency necessary W commence construction or operation of such projects. Page 1 of 4 4. Obtain any clearances and meet any other requirements of trade unions or other labor organizations occasioned by the participation of the CCC in such projects. 5. When necessary, provide acceptable temporary living facilities for the duration of any such projects located more than one hour's driving time froma CCC base center for CCC personnel actually engaged in working on such projects. 6. Hold an orientation meeting with CCC personnel at the commencement of such projects to explain the technical aspects, safety considerations, and any other aspects necessary for successful execution of such projects. 7. Present or arrange for an additional educational program or training opportunity at the CCC base center or project site. This presentation may have emphasis on the history of the project site or area, the public benefit to be derived from this or a similar project, the relationship of such projects to resources or wildlife management, or similar subjects. B. The CCC shall select, from proposals submitted by the Sponsor, those projects meeting the priorities and resources of the CCC, as well as meeting the legislatively mandated criteria. The CCC shall submit to the sponsor, evaluations setting forth any special requirements or conditions occasioned thereby. By so doing, with reference to any such evaluations subsequently approved by Sponsor, the CCC agrees to provide labor, crew supervision, transportation(if within one hour's driving time by two -wheel drive vehicle from the nearest CCC base center),food and such tools as the CCC Project Coordinator determines to be available. Upon receipt of Sponsor's acceptance of such evaluations, projects will be scheduled in accordance with the priorities and resources of the CCG. C. In accordance with Section 14304 of the Public Resources Code, CCC projects shall be directed toward providing opportunities to the public for the use of these r,`atui:al resources and environmentally important public lands and waters, while at the same time. providing :young men and women with an opportunity for personal development in a variety of basic skills. Projects shall be undertaken in both urban and rural areas shall be selected. on the MS is of the environmental and natural resource benefits each offers, the opportunities for public use° each offers, and the on-the-job training value of each. D. The Sponsor recognizes that the CCC exists under a legislative mandate to act under the direction and control if the State Office of Emergency Services, Department of Forestry and other agencies to assist the people of the State of California in times of emergencies arising from fire, flood, wind, and other natural or man -caused disasters and emergencies. Projects will be performed within the rules and regulations of the CCC, which may require temporary suspension or permanent cessation of projects due to emergency conditions as defined by such rules and regulations. The Sponsor further recognizes that the resources of the CCC are limited, and the public service conservation work of the CCC may be altered in priority from time to time. The parties agree that delays by either party shall be excused and costs caused by such delays shall be borne by the party incurring such costs. Sponsors contracting with the CCC for emergency services may be required to reimburse exceptional costs; e.g., overtime. E. Work performed under this agreement will be under the immediate supervision of the CCC officials. The sponsor will provide such supervision, technical assistance, guidance and inspection as it considers necessary to properly complete the work. All improvements constructed in whole or in part on lands owned or controlled by Sponsor will remain the property of the Sponsor. Page 2 of 4 G. Permission to camp and perform work on lands owned or controlled by Sponsor does not in any.w,ay convey'to the CCC, its staff, or any person or persons working with the CCC in the performance of said work, employee status that would extend to them the benefits afforded to permanent employees of Sponsor. H. Upon completion of each project, or any phase thereof, permission is hereby granted to the CCC to place upon the project site a sign or emblem, consistent in size and design to its surroundings, indicating the participation of the CCC and the year thereof. The CCC and Sponsor each agree to indemnify and hold harmless the other, its officers, agents and employees from any and all claims, or demands of liability caused by the indemnifying party during or after completion of the project, which is the subject of this agreement. The State of California has elected to cover its motor vehicle and general liability exposure through claims procedures instituted in accordance with the California Government Code provisions and the other provisions of the law relating to such liability. Pursuant to those procedures, tort liability claims should be submitted to the State Board of Control (headquarters office: 630 K Street, Sacramento, California 95814; government claims division: P.O. Box 3035, Sacramento, California 95812-3035) in accordance with the California Government Code provisions and the other provisions of the law governing submission of such claims. In addition, unless notified otherwise or on behalf,of the California Conservation Corps, motor vehicle liability claims may be forwaPd�d to fn e. ' California Department of General Services, Office of Risk and Insurance Mho Yagem'e;nt. .. (hereinafter referred to as "GRIM"), Claims Unit, 1325 J Street, Suite 1800Sacrsm.ento, California 95814. It should be noted, however, that the willingness of ORIM.to receive such motor vehicle liability claims does not constitute a waiver by the State of California dr; he California Conservation Corps of the time limits or procedures provided by laiv or the filing of claims relating to such motor vehicle liability. It also should be noted that the e ad6i es` es set forth in this paragraph are subject to change; any claimant is advised to verify thN. accuracy and currency of addresses for filing claims, and by setting forth addresses in this paragraph, neither the State of California nor the California Conservation Corps is waiving any time limits or procedures provided by law for filing claims related to alleged motor vehicle or general liability or any other alleged liability. The California Department of Personnel Administration has entered into a Master Agreement with the State Compensation Insurance Fund to administer workers' compensation benefits for State employees as required by the California Labor Code. Neither party may assign this contract or any interest therein without the written consent of the other party. K. All contracts relating to the construction or operation of the project, including those executed following completion of the project, shall contain a clause prohibiting discrimination against any employee or employee applicant engaged in project work or project operation, on the basis of race, religion, sex, color, ancestry, age, physical handicap or national origin. Such clause shall include all aspects of employer-employee and employer-employee applicant relations. Page 3 of 4 M. N 11 Subject to provisions herein, all remedies allowed by law are available to either party for enforcement of this contract. Any waiver of rights by either party or any matter relating to this contract shall not be deemed to be a waiver on any other matter relating to this contract. If any part of this contract is found to be invalid the remainder of the contract shall continue in effect. This contract may be modified by mutual written agreement of the parties. This agreement shall remain in effect unless terminated upon sixty (60) days written notice from either party to the other. P. No member of, or delegate to, Congress, or Resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend this agreement if made with a corporation for its. general benefit. (Applicable only if Sponsor is an agency of the United States Government). [A] SPONSOR INFORMATION A reement #: - - R Agency Code: I Index #: Sponsor Name: Jaines DeStefano Sponsor Deartment: Community Services Address:21825 Copley Drive Cit :Diamond Bar Count :Los Angeles State:CA ZIP: `'`91765 Contact Person: Ali oD Dt�}e &ecreao� Phone: Q,. JpeuldllsL [B] SIGNATURE BLOCK IN WITNESS WHEREOF, the parties have agreed to the conditions of this Agreement as pf the date shown below. Sponsor Representative: �gglog Print Name n SIgntifure Dale Witakk� ISL t Director: 4-"(%�sc-� W— `f i 168 Print Name Signature Date Page 4 of 4 CITY COUNCIL TO: Honorable Mayor and Members, of the City Council FROM: James DeStefano, City Ma TITLE: APPROVAL OF ASSIGNMENT FROM LANTERMAN DEVELOF SERVICES RECOMMENDATION: Approve. Agenda # 6.3 (g ) Meeting Date: 6/17/14 AGENDA REPORT WEEDS AND LITTER ABATEMENT CONTRACT NTAL CENTER TO SOCIAL VOCATIONAL FINANCIAL IMPACT: There is no cost impact to the City of Diamond Bar for the assignment of this contract. Funds are already included in the adopted 2014/15 FY budget. BACKGROUND: The City of Diamond Bar has a contract for $23,793.12 with Lanterman Developmental Center to provide weeds and litter abatement services at various locations in the City. As Lanterman is preparing to close its facility, they will no longer be able to provide weeds and litter abatement services to the City of Diamond Bar, effective June 30, 2014. Lanterman has requested that their contract be assigned to Social Vocational Services. The clients from Lanterman currently providing these contract services to the City will all become clients of Social Vocational Services, effective July 1, 2014. Assignment of this contract to Social Vocational Services will allow the work schedule to continue by the same workers uninterrupted. . DISCUSSION: Social Vocational Services is a Diamond Bar based 501(c)3 non-profit corporation that has been doing business in Diamond Bar for over 10 years. They also have contracts with the cities of La Verne, Rancho Cucamonga and La Puente. Based on their Diamond Bar location, experience in other communities and the fact that all the Lanterman clients currently working this contract will continue with Social Vocational Services, staff believes SVS will be an excellent replacement for Lanterman Developmental Center. Director of Community Services Attachments: Assignment Request from Lanterman Developmental Center dated 4/11/14 Attachment "A" — Work Locations dated 6/11/14 Exhibit "B" -- Proposal from Social Vocational Services dated 6/10/14 Agreement between City of Diamond Bar and Social Vocational Services dated 6/17/14 C9P7 — 306 STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY— DEPARTMENT OF DEVELOPMENTAL SERVICES EDMUND G. BROWN JR., Governor "t^ LAPITERMATI DEV LOPKEHTU CENTER neanxinq pp@nllals, OtwlEinB apPotluniliu City of Diamond Bar 21810 Copley Dr, Diamond Bar. CA. 91765 Dear Anthony, RECEIVE.D 2014 APR 14 PH 1: 26 DIAMOND BAR COMMUNITY SERVICES COMMUNITY INDUSTRIES 3530 WEST POMONA BLVD P.O. BOX 100 POMONA, CA 91769 TELEPHONE: (909)444-7177 TDD: (909) 595-3971 FAX: (909) 969-0090 April 11, 2014 As you may be aware, Lanterman Developmental Center will be closed in the near future. The legislators have put a timeline for Lantermon's closure date as December 2014. The date is tentative and can be considered a goal that may change based on rate of the Lonterman client's placements into the community. Community Industries is administered and operated by the state, under the auspices of Lanterman Developmental Center. Therefore the partnership that Community Industries has with the Department of Rehabilitation will be coming to a close as well. We stopped accepting referrals in September 2013 and we have begun developing a plan for the closure of Community Industries. It is our commitment to keep you informed to the best of our ability as we go through this process. We want to make sure that we keep you aware of our plan and how the closure will affect our partnership with you. This letter is part of our process. We have begun a timeline and have notified our employees, job coaches, service providers and the Regional centers of our closure date of June 30th, 2014. Our employees and vendors are our main concern and we would like to work in partnership with you to make sure that your concerns are addressed. We would like to schedule a meeting with you as soon as possible to discuss transferring our contact to another work center, Social Vocational Services. They would like to take over our contacts and continue to employ many of our habilitation employees. They have agreed to keep the contracts at their current rate and continue to pay our employees at their current rate of pay. We have enjoyed our time working with you and thank you for your support over the many years. We hope that you will help us in making this a successful transition for all. Tana Preciado, Supervisor of Vocational Services CC: Carol Jackson, Program 2 Director Judi Murray, Clinical Director "Realizing potentials, providing opportunities" MAINTENANCE SERVICES AGREEMENT FOR WEEDS AND LITTER ABATEMENT SERVICES THIS AGREEMENT is made as of June 17, 2014 by and between the City of Diamond Bar, a municipal corporation ("City") and Social Vocational Services, Inc. ("Contractor'). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide Weeds and Litter Abatement Services in the City of Diamond Bar. B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for Weeds and Litter Abatement Services in the City of Diamond Bar. The work to be performed shall be in accordance with the Request For Proposals (RFP) dated 6/5/2014. 2. Incorporated Documents To Be Considered Complementary. The RFP (Exhibit "A") is incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The RFP, CONTRACTOR'S Proposal dated 6/10/2014 (Exhibit "B"), together with this written agreement, shall constitute the contract between the parties. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this Agreement shall control. 3. Compensation. City shall pay to the Contractor for furnishing all material and doing the prescribed work an annual amount not to exceed the grand total of Twenty -Three Thousand Seven Hundred Ninety-three Dollars and Twelve Cents ($23,793.12) in accordance with the unit rates set forth in the Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference. Payment will be made only after submission of proper invoices in the form specified by City. 4. Term of Agreement. This Contract and unit prices shall take effect July 1, 2014, and remain in effect, unless earlier terminated pursuant to the provisions of Section 13 herein, until June 30, 2015. This Agreement may be extended as set forth in Section 14. 5. Addresses. City: James DeStefano, City Manager Contractor: Social Vocational Services, Inc. City of Diamond Bar 22632 Golden Springs, Suite 105 21810 Copley Drive Diamond Bar, CA 91765 Diamond Bar. CA 91765-4178 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractor's failure to comply with this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor 's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad - form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law; whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A-, VII. C. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. 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. 11. Ownership of Materials. All materials provided by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire. 12. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 13. Termination. This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. Extension Options. A. The City Council shall have the option to extend this Agreement for no more than one year, as set forth in Section 14. C., subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. B. The City Council shall also have the option to extend this Agreement for a multiple year period (up to three years), if the contractor agrees to waive its opportunity to receive a CPI increase during the entire extension period. If this option is selected, Contractor obtains the right to terminate the contract after the first year of the multiple year period, with 180 days written notice to the City. The City shall retain its right to terminate this Agreement, without cause, with 30 days written notice to the Contractor, per section 13, above. City shall provide Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. C. In the event the City Council exercises its option to extend the term of this Agreement for an additional one year period as set forth in Section 14. A., the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the increase in the cost of living index as referenced below. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition. or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. 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. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Records and Audits. The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific 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 the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Tommye Cribbins, City Clerk Carol Herrera, Mayor Approved as to form: By: City Attorney "CONTRACTOR" By: 191912 CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached. Exhibit "C Weeds and Litter Abatement Services Agreement 7/1/14 — 6/30/15 Compensation Schedule Monthly Compensation: $1,982.76 X 12 months = $23,793.12 annually Exhi.bit "B" 6/10/14 Contract Proposal This proposal to the City of Diamond Bar is for the Supported Employment group(s) of Social Vocational Services, Inc., to provide litter and weed abatement, per attachments in the City of Diamond Bar. Social Vocational Services will also provide: • Transportation to and from sites • Insurance coverage for employees • Payroll for employees • Job Coach for employees to assure supervision, training and job performance per the expectation of the City of Diamond Bar • All necessary equipment and supplies to perform designated tasks • Staff and trainees assigned to job on Mondays and Wednesdays (0815-1515) City of Diamond Bar will provide: Compensation to Social Vocational Services, Inc. for a sum not to exceed $1,982.76 per month for services rendered for the litter abatement and for the weed abatement. Invoice will be submitted monthly for billable hours only for services rendered. The City of Diamond Bar reserves the right to change assigned work locations due to emergency need, on an ho or hour basis Edward T. Dawso , PhD Accepted as Proposed Executive Director, City of Diamond Bar Social Vocational Services, Inc. Representative 3555 Torrance Blvd., Torranc CA 10503 6 /U Date I Date Social Vocational Services, Inc. • 22632 Golden Spring Dr., Suite 105 • Diamond Bar, CA 91765 Phone(909)396-5166 • Fax (909)396-5160 Exhibit "B" 6/10/14 Pg. 2. JOB DESCRIPTION: CITY OF DIAMOND BAR WEED ABATEMENTILITTER ABATEMENT 1.. Clear all weeds along current litter abatement streets. 2. Cut back growth along fences and sidewalks ten feet or edge of fence or hillside. 3. Rake or blow off leaves along sidewalk areas. 4. Sweep or blow off gutters. 5. Spray areas with Round Up (weed killer). 6. Diamond Bar Representative retains the right to trade-off areas serviced for other areas needing attention on a time for time basis. Diamond Bar understands that areas will be skipped during the trade off. 7. Social Vocational Services, Inc., shall schedule litter abatement and weed abatement at a minimum of (1) time per month per job site. 8. Social Vocational Services, Inc. shall use the dumpsters located a Sycamore Park and Pantera Park to dispose of waste such as leaves, weeds, and other assorted items found on the ground. 9. Social Vocational Services, Inc. may run across suspicious or possibly toxic items. i.e.: car batteries, chemicals, or hazardous waste. The city representative will be notified immediately and assume the responsibility of disposing of such items. Edward T. Dawson, PhD Executive Director, Social Vocational Services, Inc 3555 Torrance Blvd., Torranc$, CA190503 Date Accepted as Proposed City of Diamond Bar Representative Date Social Vocational Services, Inc. • 22632 Golden Spring Dr., Suite 105 • Diamond Bar, CA 91765 Phone(909)396-5166 - Fax(909)396-5160 CITY OF DIAMOND BAR COMMUNITY SERVICES MEMO TO: Guillermo Padilla Attachment "A" 2014/15 FY FROM: Anthony Jordan, Parks and Maintenance Superintendent DATE: June 11, 2014 RE: City of Diamond Bar LitterMeed Abatement Below I have listed the work locations that the Social Vocational Services, Inc. (SVS) crews will be responsible for maintaining in City of Diamond Bar. In addition, I have listed areas that we would like your crews to work on as needed. This additional work will be done to complement the work of other City contractors. We would like to have all of this information incorporated into one agreement that would be signed by both parties. Please contact me with any questions or comments. Current Work Locations 1. Diamond Bar Blvd: Temple to Sunset Crossing. Southwest side 1.1 miles. 2. Diamond Bar Blvd: Crestview to Goldrush. East side .2 miles. 3. Steep Canyon: Diamond Bar Blvd. to Clear Creek Canyon & Cul-de-sac. 4. Diamond Bar Blvd: Steep Canyon to Crestview. East side .7 miles 5. Grand Ave.: 57 fwy. to Goldensprings. Both sides .2 miles. 6. Goldensprings: Grand Ave. to Brea Cyn. Road. Both sides 1.9 miles. 7. Brea Canyon Rd.: Pathfinder to Goldensprings. East side.7 miles, west side .9 miles. 8. Washington: Corner of Washington and Lincoln and cul-de-sac on Washington. 9. Gold enspring s/Armitos: 60 freeway crossing. Both sides .2 miles. 10. Cold Spring: Diamond Bar Blvd. west to Crooked Creek. Both sides. 11. Sycamore Canyon Park: Along trail in undeveloped area. 12. Pantera Park: Pantera Park to homes. .2 miles. 13. Sunset Crossing: Parkway on north side across the street from Navajo Springs- Behind old L.A. Fitness building (now a church) from fire hydrant to Mobil gas Station 14. Lemon Ave.: 60 freeway over crossing. .1 mile. Attachment "A" 15.Valpico: 1700 block west of Kiowa Crest. .1 miles 2014/15 FY 16. Leyland and Benfield: Both sides. .1 miles. ng. 2 17, Castle Rock: North end of street north of Silver Bullet in cul-de-sac adjacent to the flood control channel. .2 miles. 18. Via Sorella: From Brea Canyon Road east along fence. .1 mile. 19. Pasado Drive and Ambushers: Cul-de-sac. 20. Beaverhead: west of Palo Cedro, Cul-de-sac. 21. Chandelle east of Goldrush: South side. 22. Cleghorn and Clear Creek Canyon: Vacant lot. As needed work Locations The City wants to increase the frequency that certain sidewalks are cleaned in Diamond Bar from once per month to twice per month. Our intent is to have SVS perform sidewalk clean-up at the following locations at least once per month. MCE will continue to clean these same locations per their current contract at least once per month as well ensuring that the walks are cleaned twice per month. Please contact me with any questions regarding these locations. 1. Both sides of Golden Springs between Brea Canyon Road and Lemon. (Especially under pine trees and eucs.) 2. South side of Golden Springs between Brea Canyon Road and Adel. (Especially under pine trees.) 3. West side of Brea Canyon Road between Golden Springs and Glenbrook. (Especially under pine trees.) 4. East side of Brea Canyon Road between 60 Fwy and Washington Street. (Especially under pine trees.) 5. East side of Diamond Bar Blvd. between Cold Spring and Quail Summit. (Especially under pine trees.) 6. West side of Diamond Bar Blvd. between Pathfinder and Quail Summit. (Especially under pine trees.) 7. East side of Diamond Bar Blvd. between Clear Creek Canyon and Steep Canyon. (Especially under pine trees.) 8. West side of Diamond Bar Blvd. between Grand Ave. and Golden Springs. (Especially under pine trees.) 9. East side of Diamond Bar Blvd. between 60 Fwy and Sunset Crossing (Especially under pine trees.) 10. South side of Temple Ave. between 57 Fwy and Diamond Bar Blvd. (Especially under pine trees and eucs.) 11. Both sides of Golden Springs between Temple and 60 Fwy. (Especially under pine trees.) 12. Both sides of Golden Springs between Diamond Bar Blvd. and Grand Ave. (Especially under pine trees.) 13. Both sides of Grand Ave, between 60 Fwy and Golden Springs. (Especially under eucs.) 14. South side of Golden Springs west of Grand Ave. to second church driveway. (Especially under pine trees.) CITY COUNCIL Agenda #6.4 Meeting Date: June 17, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M�er� TITLE: Approve Amendment No. 1 to the Consulting Services Agreement with Diana Cho and Associates for Community Development Block Grant (CDBG) Contract Administration Services ($23,963) for FY 2014-15 RECOMMENDATION: Approve. FISCAL IMPACT: These services are paid for by Community Development Block Grant (CDBG) funds and there are sufficient funds allocated in the FY 2014-15 budget for this expenditure. The expenditure authorization for FY 2014-15 is $23,963. The City has a three-year agreement with Diana Cho and Associates to provide CDBG consulting services. Last year, the City Council authorized $20,000 for FY 2013-14 CDBG contract administration services. Approval of Amendment No. 1 will authorize a total contract cost of $43,963 to Diana Cho and Associates over a two-year period. BACKGROUND: Each year the City receives Community Development Block Grant funds. These funds are disbursed by the Federal Housing and Urban Development Department through the Los Angeles County Community Development Commission (CDC). The City uses these funds for a variety of programs and capital projects. Due to the significant restrictions on the use of these funds and the numerous regulations governing the spending and accounting of these funds, it is prudent to utilize the expertise of a CDBG specialist to monitor the expenditures and complete the reporting requirements. The Federal government recognizes this and as such authorizes a portion of the funds to be used for these services. DISCUSSION: On May 21, 2013, the City entered into a one-year agreement with Diana Cho and Associates for CDBG contract administration. The agreement included two one-year options to renew the agreement for an additional twenty-four (24) months until June 30, 2016. The proposed Amendment No.1 will exercise the first one-year option to renew the original agreement. Diana Cho provides technical assistance for the administration and implementation of the City's CDBG projects and activities including labor and contract compliance services, program monitoring and audit preparation, CDC and federal reporting, serving as the City's liaison to the CDC, contract submittals, and review of reimbursement requests. Through approval of this contract amendment, Diana Cho and Associates will continue to provide this service through FY 2014-15. Attachment: Amendment No. 1 AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MANAGEMENT AND ADMINISTRATION CONSULTING SERVICES This Amendment to the Consulting Services Agreement is made and entered into this 17th day of June 2014, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and DIANA CHO AND ASSOCIATES (hereinafter referred to as "CONSULTANT".) A. Recitals: (i) The CITY has heretofore entered into an agreement, dated May 21, 2013, with CONSULTANT to provide CDBG Contract Administration services (hereinafter referred to as the "AGREEMENT"). (ii) The AGREEMENT specifies that it is for services with a cost not -to -exceed $20,000 for FY 2013-2014. (iii) The CONSULTANT has requested, and CITY has approved, extending the existing agreement for an additional 12 months effective July 1, 2014. (iv) CONSULTANT will provide labor, contract compliance services, and technical assistance services for the City's Community Development Block Grant ("CDBG") Program for FY 2014-15 at a cost not to exceed $23,963 for the fiscal year. (v) It is in the City's best interest to extend the AGREEMENT for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Paragraph No. 2 of the AGREEMENT is hereby amended to read as follows: 2. TIME OF PERFORMANCE This Agreement shall commence as of July 1, 2013 and shall remain in full force and effect until June 30, 2015. This Agreement may be extended upon request and approval by the CITY on an annual basis for an additional twelve (12) months until June 30, 2016. Section 2: Paragraph No. 3 of the AGREEMENT is hereby amended to read as follows: 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit "A" with a not to exceed maximum of $23,963 in Community Development Block Grant (CDBG) funds for the services performed for FY 2014-2015 and a total contract authorization over the two-year period from July 2013 to June 2015 of $43,963. Section 3: Each party to this Amendment acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment shall be valid and binding. Any modification of this Amendment shall be effective only if it is in writing signed by the parties. Section 4: All other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: City of Diamond Bar MN James DeStefano, City Manager Approved As To Form: Diana Cho and Associates BY: Diana Cho, Principal BY: BY: City Attorney Tommye Cribbins, City Clerk CITY COUNCIL Agenda # 6.5 Meeting Date: June 17, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: Approve Amendment No. 4 to the consulting Services Agreement with SJC 3 Consulting in the Amount of $20,009to Administer the City's Home Improvement Program (HIP) for FY 2014-15 RECOMMENDATION: Approve. FISCAL IMPACT: The FY 2014-15 CDBG Program Budget includes a $100,000 allocation to the City's Home Improvement Program (HIP). Per Community Development Block Grant (CDBG) guidelines, the maximum amount available for administrative costs is 20% of the HIP program budget ($20,000). The City has a three-year agreement with SJC 3 Consulting (SJC3) to administer the Home Improvement Program. During the past two years, the City Council authorized $68,000 for HIP consulting services. Approval of Amendment No. 4 will authorize a total contract cost of $88,000 to SJC 3 Consulting over a three-year period. BACKGROUND: The purpose of the Home Improvement Program is to preserve and enhance single family residential neighborhoods throughout the City. Through the provision of grants and loans, eligible homeowners of single family detached dwellings can correct hazardous structural conditions; make modifications necessary to provide handicapped access; improve the overall exterior appearance of the home; and correct exterior code violations. Individuals must meet the County's guidelines for low or moderate income to be eligible to participate in the program. Eligible participants may apply for grants of up to $5,000 and deferred loans of up to $10,000 for repairs to owner -occupied homes. In addition, emergency grants of up to $2,000 are available on an as needed basis. DISCUSSION: On July 17, 2012, the City entered into a one-year agreement with SJC3 to provide administration services for the Home Improvement Program in the amount not to exceed $20,000. The agreement included two one-year options to renew the agreement for an additional twenty-four (24) months until June 30, 2015. On April 16, 2013, the City Council authorized Amendment No. 1 to increase SJC3's contract amount to $30,000 as the CDBG appropriation for HIP was increased from $100,000 to $150,000 in FY 2012-13. Amendment No. 2 was authorized by Council on July 16, 2013 to provide $30,000 to SJC3 for HIP administration services in FY 2013-14 and to extend the original agreement to June 30, 2014. On January 21, 2014, Amendment No. 3 was approved by Council to increase SJC3's contract to $38,000 as the CDBG appropriation for HIP was increased from $150,000 to $190,000 in FY 2013-14. The proposed Amendment No.4 will exercise the second one-year option to renew the original agreement. This Amendment will include $20,000 for FY 2014-25 HIP consulting services. A total contract cost of $88,000 will be authorized for SJC3's services over the three-year period. Program administration includes reviewing applications for funding from interested Diamond Bar residents, requesting and reviewing financial information for persons that may qualify, determine the eligibility of program participants, conducting home inspections, drafting construction documents, reviewing contractor bids, awarding construction contracts, and processing funding requests for completed projects. Attachment: Amendment No. 4 AMENDMENT NO. 4 TO THE CONSULTING SERVICES AGREEMENT WITH SJC 3 CONSULTING FOR MANAGEMENT AND ADMINISTRATION OF THE CITY'S HOME IMPROVEMENT PROGRAM (HIP) FUNDED THROUGH FEDERAL CDBG FUNDS This Amendment to the Consulting Services Agreement is made and entered into this 17th day of June 2014, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and SJC 3 CONSULTANTS (hereinafter referred to as "CONSULTANT".) A. Recitals: (i) The CITY has heretofore entered into an agreement, dated July 17, 2012, with CONSULTANT to provide CDBG Home Improvement Program Administration services (hereinafter referred to as the "AGREEMENT"). (ii) The AGREEMENT specifies that it is for services with a cost not -to -exceed $20,000 for FY 2012-13 (iii) In April 2013 Amendment No. 1 was approved increasing the contract to $30,000 for FY 2012-2013. (iv) In July 2013 Amendment No. 2 was approved increasing the total contract by $30,000 to $60,000 for FY 2013-2014 and extending the term to June 30,2014. (v) In January 2014 Amendment No. 3 was approved increasing the total contract by $8,000 to $68,000. (vi) It is in the City's best interest to amend the AGREEMENT to increase the not - to -exceed amount for the services in order to ensure consistency and continuity of the services already being provided CONSULTANT and to allow the expenditure of additional HIP funds to needy community members throughout FY 2014-15. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT Section 1: Paragraph No. 2 of the AGREEMENT is hereby amended to read as follows: 2. TIME OF PERFORMANCE This Agreement shall commence as of July 17, 2012 and shall remain in full force and effect until June 30, 2015. Section 2: Paragraph No. 3 of the AGREEMENT is hereby amended to read as follows: 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit "A" with a not to exceed maximum of $20,000 in Community Development Block Grant (CDBG) funds for the services performed for FY 2014-15 and a total contract authorization over the three-year period from July 2012 to June 2015 of $88,000. Section 3: Each party to this Amendment acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment shall be valid and binding. Any modification of this Amendment shall be effective only if it is in writing signed by the parties. Section 4: All other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: City of Diamond Bar MIN James DeStefano, City Manager Approved As To Form: SJC 3 Consulting BY: BY: City Attorney Regina Collins, Principal fommye Cribbins, City Clerk CITY COUNCIL Agenda # 6. 6 Meeting Date: June 17 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma TITLE: ADOPT RESOLUTION 20 4 -XX APPROVING PLANS & SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AND AWARD THE CONSTRUCTION CONTRACT FOR THE MEDIAN MODIFICATION PROJECT ON DIAMOND BAR BOULEVARD AT KIOWA CREST DRIVE IN THE AMOUNT OF $35,222.30 TO CARVAJAL TRUCKING & TRACTOR INC. AND AUTHORIZE A CONTINGENCY AMOUNT OF $3,525.00 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $38,747.30. RECOMMENDATION: Adopt and award. FINANCIAL IMPACT: The current FY 2013-2014 CIP budget includes $50,000 of Prop C Funds for the construction of the Median Modification Project on Diamond Bar Boulevard at Kiowa Crest Drive. On November 5, 2013 Council approved a contract with Advantec, Inc. for design services in the amount of $9,080.00 with a contingency amount of $1,000.00. A balance of $39,920.00 remains for project construction. FY13-14 CIP Proj.# 26614 Budget Encumbrance Balance Median Modification DBB-Kiowa Crest Drive $ 50,000.00 $ 50,000.00 Advantec, Inc. Design Services $ 9,080.00 $ 40,920.00 Advantec, Inc. Contingency (10%) $ 1,000.00 $ 39,920.00 CT&T, Inc. Contract $ 35,222.30 $ 4,697.70 CT&T, Inc. Contingency (10%) $ 3,525.00 $ 1,172.70 DISCUSSION: The project is located at the intersection of Diamond Bar Boulevard and Kiowa Crest Drive. The project consists of the reconstruction of a portion of the raised median at the northerly leg of the intersection. The median width will be narrowed which will allow the left turn pocket to shift, improving the line of sight for both northbound and southbound vehicles making left turn movements from Diamond Bar Boulevard onto Kiowa Crest Drive. The project was advertised for bids May 9, 2014. The engineer's estimate was $38,800. On May 27, 2014, the City received the following five (5) bid proposals: Company Base Bid Amount 1. Carvajal Trucking & Tractor, Inc. $35,222.30 2. Hardy & Harper, Inc. $52,264.00 3. Aramexx Construction $53,835.00 4. PTM General Engineering $55,053.00 5. JDC $59,426.00 The lowest responsive bid was received from Carvajal Trucking & Tractor, Inc. (CT&T) in the amount of $35,222.30. Staff reviewed their bid and verified their State Contractor's License. References were checked for similar work completed and CT&T has satisfactorily completed similar projects in Los Angeles and San Bernardino Counties. Review of the bid from CT&T indicated that they failed to list subcontractors and listed "none" on the required subcontractors form citing the following language as support: "Any subcontractor doing work in excess of one-half (1/2) of one percent (1%) of the total bid or ten thousand dollars ($10,000) whichever is greater, shall be designated on this form." - Greenbook 2012, Section 2: Scope & Control of the Work Accordingly, staff forwarded the bid document to the City Attorney for review. The City Attorney agreed that CT&T, Inc. did not need to include subcontractors, so long as work is not subcontracted out to any one company in excess of $10,000.00 and therefore the bid document was deemed responsive. The City Attorney also reviewed the bid document regarding "white-out" edits made without an acknowledgment for each revision and the Contractor's Industrial Safety Record form that contained a notary statement but lacked the required signature. The City Attorney determined that both the aforementioned bid irregularities may be waived by City Council. Staff's recommendation is to proceed with the award of contract to CT&T for the construction of the median on Diamond Bar Boulevard at Kiowa Crest Drive. 2 The project is set to be completed within thirty (30) working days. The project schedule is tentatively set as follows: Award of Contract Start Construction Construction Complete PREPARED BY: Sterling Mosley, Assistant Engineer REVIEWED BY: A Kimberly 0.0.0.M���. Yoi nior G it Engineer Attachment: Resolution No. 2014 -XX Contract Agreement 3 May 17, 2013 Early July 2014 Mid August 2014 Date Prepared: June 9, 2014 RESOLUTION NO. 2014 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF MEDIAN MODIFICATION PROJECT ON DIAMOND BAR BLVD AT KIOWA CREST DRIVE PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained Advantec Inc. ("Consultant") as the engineer to design and prepare the plans for the Median Modification Project on Diamond Bar Blvd at Kiowa Crest Drive. B. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; C. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project ("Project Payment Account'). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 17th day of June, 2014. Carol Herrera, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2014 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 17th day of June, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Carvajal Trucking and Tractor Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Carvajal Trucking and Tractor Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Median Modification Proiect on Diamond Bar Boulevard at Kiowa Crest Drive in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Median Modification Proiect on Diamond Bar Boulevard at Kiowa Crest Drive in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated April 2014 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated May 27, 2014 together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TERM OF CONTRACT: The CONTRACTOR agrees to complete the work within thirty (30) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred $500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 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 Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 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. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of. Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. S. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indernnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this Agreement. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to CONTRACTOR. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 875627 - C8, C12 Carvajal Truckni2 and Tractor Inc. 324 S. Diamond Bar Blvd, PMB 275 Diamond Bar, CA 91.765 By: Date TITLE CITY OF DIAMOND BAR, CALIFORNIA By: Carol Herrera, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone (909) 629-8000 Emergency Phone at which CONTRACTOR can be reaches( at any time APPROVED AS TO FORM: David DeBerry, CITY ATTORNEY Date Agenda # 6.7 Meeting Date: June 17, 2014 CITY COUNCIL %� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mara TITLE: ADOPT RESOLUTION NO. 201 -XX TO ESTABLISH PAYMENT FUND AND APPROVE PLANS AND SPECIFICATIONS; AND AWARD THE CONSTRUCTION CONTRACT FOR THE CASTLE ROCK ROAD AND CROOKED CREEK DRIVE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PROJECT TO CARVAJAL TRUCKING & TRACTOR, INC. IN THE AMOUNT OF $29,366.85 AND AUTHORIZE A CONTINGENCY AMOUNT OF $3,000.00 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $32,366.85. RECOMMENDATION: Adopt, Approve and Award. FINANCIAL IMPACT: As part of the FY 2013-2014 Capital Improvement Program, $3,400 of Measure R Funds have been encumbered for the design of Neighborhood Traffic Management Program (NTMP) mitigations. The FY 2014-2015 Capital Improvement Program Budget includes an appropriation of AB2766 Funds in the amount of $34,000 for NTMP construction. BACKGROUND/DISCUSSION: In August 2013 staff received a request for traffic calming tools along Castle Rock Road with the petition of 51% of the residents in favor of launching the NTMP program as required by the NTMP guidelines. The first meeting was held for the neighborhood at the October 10, 2013 Traffic and Transportation Commission meeting, where the program was introduced to the residents and staff collected input on the residential traffic concerns they expressed. The largest concern expressed was speeding along Castle Rock Road and Gold Run Drive. Staff recommended a two (2) phase approach for improvements to address the speeding concern. The first phase included educational signage and centerline striping along Castle Rock Road and enforcement by the Sheriff's Department. The second phase required a more comprehensive engineering study for implementation of traffic calming devices. The phase I improvements were completed during the week of November 4, 2013, which included centerline striping and educational signage on Castle Rock Road at Gold Run Drive and along Gold Run Drive. As part of phase 11, staff requested signatures from the streets included in the study that had not signed the original petition. Traffic data was collected on October 29, 2013 along the study roadways (Gold Run Drive, Crooked Creek Drive, Ambushers Street, Flapjack Drive and Running Branch Road). Traffic data had previously been collected along Castle Rock on September 7, 2013. Based on the speed and volume data, staff developed a concept plan of traffic calming tools for this neighborhood. A second meeting was held on November 13, 2013 to present the concept plan (phase II) of the proposed traffic calming tools to the neighborhood. Proposed tools include the installation of three (3) speed cushions along Castle Rock Road and two (2) speed cushions along Gold Run Drive with associated pavement legends and signage, as well as double center line striping with edge line parking striping along Gold Run Drive between Running Branch Road and Crooked Creek Drive. In addition to the traffic calming tools, speed limit signs will be installed on Gold Run Drive at Running Branch Road, on Crooked Creek Drive at Gold Run Drive, on Ambushers Street at Pasado Drive, and Running Branch Road near Gold Run Drive. The twelve (12) residents present agreed to move forward and circulate a second petition required to install the proposed measures. While the required 67% of the entire neighborhood was not obtained, staff believes that a clear majority of the residents directly along the roadway where the tools will be installed was obtained (70% approval along Castle Rock Road and 59% along Gold Run Drive) and therefore recommends approval of moving forward with construction of the proposed traffic calming tools. Final plans and specifications were developed for the proposed tools to be installed along Castle Rock Road and Gold Run Drive and presented to the residents at the third meeting held on April 29, 2014. The residents present agreed to proceed with the project plans as presented. With the completion of the plans and specifications, the project was advertised for bids on May 26, 2014 with a scheduled bid opening on June 9, 2014. The lowest responsive bidder was CT & T, Inc. The bids received were as follows: Company Bid Amount 1. CT & T, Inc. $29,366.85 2. Hardy & Harper, Inc. $36,000.00 Staff has verified the contractor state license and found it to be valid. References were checked for similar work completed and CT & T, Inc. has satisfactorily completed many similar projects in Los Angeles, and San Bernardino Counties. 2 The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Christian Malpica, Associate Engineer June 17, 2014 July 2014 August 2014 REVIEWED BY: Kimberly M.o g, S nior ivil Engineer ATTACHMENTS: Resolution 2014 -XX Contract Agreement OF -A14 June 10, 2014 RESOLUTION NO. 2014 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESIGN AND PLANS FOR THE CASTLE ROCK ROAD AND CROOKED CREEK DRIVE NEIGHBHORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained KOA Corporation ("Consultant") as the engineer to design and prepare the plans for Castle Rock Road and Crooked Creek Drive Neighborhood Traffic Management Program (NTMP) Project; B. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; C. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents II administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project ("Project Payment Account"). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 17th day of June, 2014. Carol Herrera, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2014 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 17th day of June, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 12 Tommye A. Cribbins, City Clerk AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Carvajal Trucking & Tractor, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Carvajal Trucking & Tractor, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the CASTLE ROCK ROAD AND CROOKED CREEK DRIVE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CASTLE ROCK ROAD AND CROOKED CREEK DRIVE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated May 2014 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated June 9, 2014, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TERM OF CONTRACT: The CONTRACTOR agrees to complete the work within thirty 30 calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.e.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 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 Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 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 j ob 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. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter L Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this Agreement. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to CONTRACTOR. 13. TERMINATION: This agreement may be terminated by the City, without cause, w upon the giving of a ritten "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 01 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 875627 C-8 and C-12 Carvajal Trucking & Tractor, Inc. 324 S. Diamond Bar Blvd PMB 275 Diamond Bar, CA 91765 By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: CAROL HERRERA, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone (909) 629-8000 Emergency Phone at which CONTRACTOR can be reached at any time (909) 629-8000 APPROVED AS TO FORM: CITY ATTORNEY Date 10 LVID FOR CONSTRUCTIONOF CASTLE ROCK ROAD .AND CROOKED CREEK DRIVE NF'IGHMGRFiOOD TRAFFICNIANAGEMENT PROGRAM (N'TM ') Date 20111 r To to City L au!tciu of the My of Diamond Bar: The 'i:dersigi:ed hereby declares: That only persons or parties interested in this Lid as principals are tiie following: (if the bidder is a corporation, give the narne of the coiporaiion and the name of its president, secretary. n'casurco and managerif a co -partnership, �sivc dic name munder which the CO- ,an - and docs t)usincss, and the naes anti addresses of all co-parinn ars. if aindividual, state the name under which the contract is to be drawn.) (b) That this bid is made without collusion with any person, firm or cors omnon. (ci That he has carefully examined the location of the proposed wort: and has familiarized humself with all of the phrical and climatic conditions, and makes this bid solely UP0,11 his own knowledge. el; That by snbmittim, thisbid_ he acknowledges receipt andlinowledge of tileni eoents of hose eom,rwic ra, sent by the ci.y of E imnond Bar to him at the address furnished by pini to the City of MarriOnd Bar when t0s bid form was obtained. c) That he has carefully examined the speciticatio ns, bode general and detail, and the drawings atiached hereto, and c'.)nnnrinicatioi?5 sent A) li:m r15 al Ul'eSard, and makes this laid in accordance therewith. ±� ;"hat, if this Lid is accepted he will enter into a written contract for the performance of the proposed wort: with the City of 1 1mond Bar. (g) That he proposes to enter into such Contract and m accept in 11111 payment for the work actually dont thereunder tete priers sitowu in the attached `schedule. it is understood alid agreed that the quantities sei. forth arc estimates and Chat the um" pnces will apply to the actual q-aroititics whatever they may bc_ Accompanying this bid is a certified or cashiers check or bid bond, payable to the order of the Cim of Diamond Bar in the sum of (s__1e7 v ` -. Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersimred, or the bidder will be released from the bid bond. ay+ S, _L, 'bar r,l-.PNI13 a75 Address of Bidder picu�ortrd bar, CA ` T65 City Zip Code 9 (qoq) 6)(1 --yo oo Telephone of Bidder BID SCHEDULE FOR THE CONSTRUCTION OF CASTLE ROCK ROAD AND CROOKED CREEK DRIVE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) (Forking Hours - See Section 6, Prosecution, Progress and Acceptance of Work) In accordance with specifications therefore approved by the City Council of the City of Diamond Bar the undersigned bidder is herewith submitting the following bid prices for the performance of the entire work as described in these specifications and attached drawings subject to this furnishing all materials. Item Description Qnty. Unit Unit Price Amount Project Mobilization and 1 LS j S O �� I 2 Demobilization Traffic Control and Public Safety I LS )w 1 � - 1 LS 00 3 Public Notification 5 SETS 010-`- �'• GO =` 4 Speed Cushion Installation Roadside Signs cn street light poles c '� .- 5 or existing sib posts — D 9 EA EA�' ;4,r 6 1 Roadsideand Posts 7 _Signs Pavement Markings 8 EA Paint White Edgelme Per Detail LF 8 27B _ 2140 Paint Double Yellow Line per LF 9 Detai122 1070 TOTAL AMOUNT OF BID (IN FIGURES)-> C"Ort%-2-r, 4 6e ; 6 - Total Bid Amount in Words: 0 Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but not necessarily limited to, materials, transportation, taxes_ insurance, labor, overhead, and profit, for General Contractor and Subcontractors. The contractor shall verify and add item(s) to the BID tables as appropriate. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this bid and the acceptance thereof maybe considered null,>Kd '10se C;aryop I (.,—q—/4 NAME OF BIDDER (eRINT) e"KKT2 ATURE DATE, �som.or) star �` .r �1b � S ADDRESS 0m 1 �r r(�f5 C�Q�6 C, 4000 CITY ZIP CODE TELEPHONE T 56) C -b, C -O g150/dot STATE CONTRACTOR LICENSE NO. - CLASSIFICATION - EXPIRATION DATE I declare under penalty of Perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER LIST OF SUBCONTRACTORS* BID OPENING DATE 14 PROJECT _IBJ_ �U f L'L'Jl l- , l b it� u- � LOCATION CLIENT CONTRACTOR G�II U 0y J Name Under Which Subcontractor is Licensed License No. Address ofOftice, Mail, or Shop Percent of Tot- Contract Specific Description of Bid Item ��lfiSp o3rJ�Ov S''�-Ldlt�-.P. III * Any subcontractor doing work in excess of one-half (1/2) of one percent (t%) of the total bid or ten thousand dollars (S 10,000) whichever is greater, shall be designated on this form. m DECLARATION OF ELIGIBILITY TO CONTRACT [Labor Code Section 1777.1: Public Contract Code Section 6109; The undersigned, a duly authorized representative of the contractor_ certifies and declares that The contractor is aware of Sections 1771.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time 2. The contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law. 3. The contractor is aware of California Public Contract Code Section 6109- which states: (a) A public entity, as defined in Section 1100 [of the Public Contact Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code to bid on, be awarded or perform work as a subcontractor on a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perforn work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 4. The contractor has investigated the eligibility of each and every subcontractor the contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of _��U/7 q 2014, at IG(i1l�l C 15�" (placeofexecution). Sign r t Name: ,�aS e Gam` Title: Name of Company BIDDER'S VIOLATION OFLAWISAFE;TY QUESTIONAIRE The Bidder shall complete, under penalty of perjury, the following quesnonnane: QUESTIONNAIRE Has the Bidder, any officer, principal or employee of the Bidder who has a proprietary interest in the business of the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state or local government project because of violation of law or a safety regulation" NO If the answer is yes, explain the circumstances in the following spaces NOTE: This questionnaire constitutes a part of the Bid and signature on the signature portion of this Bid shall constitute signature of this questionnaire. CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification: CASTLE ROCK ROAD AND CROOKED CREEK DRIVE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) Bid Date: June 9, 2014 This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the cireu mstances surrounding any and all fatalities. *The information required for these items is the same as those listed in the Occupational Injuries, Summary Occupational Injuries and Illnesses, OSHA No. 102. The above information was compiled from the records that are available to me at this time and I declare tinder penalty of perjury that the information is true and accurate within the limitations of these records. 10Se, ( iNcso),11- Name of Bidder (Priv o Signature 32� S- tJl(zYYlOin(� �C7Y 'bl,(Y C`�� Address State Contractors' License Number & Class. jiulxlr BE�x=+�_ ( q 6� y-ncr City Zip Code Telephone ie S CALENDAR YEARS CURRENT PRIOR TO CURRENT YEAR YEAR 3009 2010 2011 2013 2013 TOTAL 20!Lf No. of Contracts >? Total dollar amount of contracts (in 1,000's) { / �,�f/i �• ''Ii��l� /�E %wl ��'7 L No. of Fatalities No- of lost workday cases No. oflost work day cases Involving permanent transfer to another lob or teamination of employment *No. of lost workdays *The information required for these items is the same as those listed in the Occupational Injuries, Summary Occupational Injuries and Illnesses, OSHA No. 102. The above information was compiled from the records that are available to me at this time and I declare tinder penalty of perjury that the information is true and accurate within the limitations of these records. 10Se, ( iNcso),11- Name of Bidder (Priv o Signature 32� S- tJl(zYYlOin(� �C7Y 'bl,(Y C`�� Address State Contractors' License Number & Class. jiulxlr BE�x=+�_ ( q 6� y-ncr City Zip Code Telephone ie AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA )SS COUNTY OF LOS ANGELES ) dos E o�/ c--(� sworn, deposes and says: That lie is Pre of, C a' V = R 1 Ch=i �qjl Voc-'1 t r, Im(- being first duty a corporation which is the party making the foregoing bid or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed coma act or himself or for any other person. Subscribed and sworn to before me this day of � , 2014 Signature of Officer Adnu stering Oath (Notary Public) ISRAEL GM a'^*• COMM. #2037085 n U - Notary Public - California -i m LOS ANGELES COUNTY .P My Comm. Exp. Aug. 16, 2017 HIO BOND KNOB' Al_L iN,fEN Sl'' THfiSE PRESENTS. T11AT WL Carvajal Trucking &Tractor Inc as Principal, and —_-- Allegheny Casualty Company -- - ---- as Surety, are held and firmly bound unto the City of Diamond Btu in the sum to ten percent (100,U) of the total amount of the bid of tlts Principal above named, to be paid to die said Ciry or its certain attontcy, its successors and assi,ns, for which pnyincnt will and tiny to be made, we bind outselvcs, our heirs- eaecutnrs and adinnustrators, successors or asst„its, jointly and severally. firmly by these presents. In no case shall the liability os the surety hereunder exceed the sum of Ten Percent of Bid Amount -------------------(10%) -- — THE CONDITION OF THIS OBLIC) ATION IS SUCH, that whereas the piiecipal has submitted the above mentioned bid to the City of Diamond Bar for certain ctmshltetion specifically described as follows, for which bids are to be opened at Dianiond_.Bd City Aall- ou June 9, 2014 , for the CASTLE- ROCK ROAD AND CROOKED CREEK DRIVE NOW. THEREFORE. if the afutcsaid principal is av,,arded the Contract, and within the tittle and manner required under the specifications. after the prescribed forms are- presented to him Cor signature, enters into a written contract. in the prescribed fi>np in accordance vvith the bid, and files the two bonds with the City of Diamond Bar, one to �aaarantcc faithfitl perfonn ice and otter to guarantee payments for labor and materials, as required by law, theat this oblination shall be nail and void; otherwise i( shall remain in full force and effeet, In the ctcnt suit is brought upon this bond by the oblilgee andjudgntcnt is recovered, the Swett' shall }gay all costs incurrecd by the City in such suit, including a reasonable attomcy's fces to he fixed by the Court. IN WITNESS WHEREOF, ice Ila' e hereunto set our hands and seals on this 5th day of _ June__ -014. Carvaial Truckin. & _,actor 71SLAL) PRINC'IPA E ANI] TITLE, Allegheny Casualty Company _(SEAL) SLIRFTY SIGNATURE AND TITLE Rebecca Haas -Bates, Attorney -in -Fact h'UTIi: Sl i:aLLlt9 of those cz�cvtni_ for t:rc S¢rc[y 1111,[ be proprily ackuo.dl dgcd. Z—ALIIF•RNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 :.< n .� .w� .a .wM<.w .w .a w .w .w .2� .w w .w w c .ac.a•.a..a.. .a<s� .oma State of California County of Orange On 6/5/2014 before me, R. Parani Notary Public , Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates R. PARAMO 4 _ f Commission # 20358901 ti -m Notary Public - California z Z "�� Orange County My Comm. Expires Aa 5, 2617 Place Notary Seal Above Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person4 whose name( is/are subscribed to the within instrument and acknowledged to me that 4ae/she/thL-r executed the same in 4Wher/tiae1f authorized capacity(tee), and that by his/her/their signature(s) on the instrument the persons or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the aliforn—ia�t�the foregoing paragraph is tr e and correct. 1 WI NES§ my hand nd officialrseaI, Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 6/5/2014 Number of Pages: One (1) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual rr Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer Is Representing: Allegheny Casualty Company 2013 National Notary Association o www.NationalNotary.org r 1 -800 -US NOTARY (1-800-876-6827) Item #5907 e1v r: 5207' oration organized and existing under sting under the laws of the State of - IN WITNESS WI attested these prz On this 12th da sworn said he. COMPANY; thE duly affixed by of N © Nr * P B -Laws of INTERNATIC following resolOon adopter July, 2010,„=and bythe Board th day of March, 2012,, STATE OF NEW JERSEY County of EssexIr,�-� - ROBERT W. MINSTER' Executive Vice President/Chief Operating Officer Fideilty Insurance Company) Q nternahonal and .President (Allegheny Casualty Company) I have hereunto set my hand this 5th to uwy enec�wu ai!�-- 1DELITY INSURANCE is Board of Directors -Ctors of ALLEGHENY and being by ime duly:. _LEGHENY CASUALTY and his signature were atfxed my Official Seat, )ve wntten ERSEY 1,2015 _ , CERTIFICATION OFNON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the fuln listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national ongm; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an affirmative course of action as required by the affirmative action guidelines. We agree specifically: 1. To establish or obseive employment policies which affirmatively promote opportunities for minority persons at all job levels. 2 To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affinuative steps to hire minority employees within the con ipany- FIRM M OJ '(((,Cwq I' dLT ri G fbit TITLE OF OFFICERS S� I ��rcSI SIGNATURE DATE Please include any additional infomnation available regarding equal opportunity employment programs now in effect within your company: CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS Thebidder (,drVGl��ll 'Truc*.i q i jractr, kib proposed subcontractor hereby certifies that he has _ X , has not , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, l l 114, or 11246, and that he has X_, has not , filed with the Joint Reporting Committee, the Director of the Off -ice of Federal Contract Compliance, a Federal Gove runent contracting or administering agency, or the former President's Committee on Equal Empioyment Opportunity, all reports due under the applicable filing requirements. G1rl�G� C0.i ii�Uck�)�g -Fine or, Inc (COMPANY) BY: joSe Garvuyt Tfegic1crit (TITLE) DATE: Ju n c/ q 2014. NOTE:The above certification is required by the Equal Employment opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-15. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Fonn 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. NON -COLLUSION AFFIDAVIT TO: THE CITY OF DIAMOND BAR: STATE OF CALIFORNIA ft' )s COUNTY of 0S e, Gar va La being first duly sworn, deposes and says that he or she is I rest t°n j 0f_LAr VCt jf 64C �Anq (�(Avt-0r , Ing the party making the foregoing bid, that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited and other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contact of anyone interested in the proposed contract; that all statements contained in the bid are hue; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or anent thereof to effectuate a collusive or sham bid_ STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES D Subscribed and sworn to before me this �I d day of "fLkC' _2014. Notary Public in and for the County of L 0 c-' State of California ISP.AELV. DEGUZMANm ..,,R COMM. #2037085 0y �. Fa •�' Notary Public- California 1 •'�.'�' m _ LOS ANGELES COUNTY -D'- My Comm. Exp. Aug. 16, 2617 G7 m O it O F ® 0 D O M m m 0 0 Z y (7 DOS Z D (� �C $� 0 mmm 0 m� z O n '0 n CD BOO T O_ D D ZZZ D °r O Z Z C7 o O O o 0 �p W a.O � 0 m 0 o m Z � r D o m z m 0 m O O z p it O F CITY COUNCIL Agenda # 6 . 8 Meeting Date: June 17, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: ADOPT RESOLUTION NO. 2014 -XX TO ESTABLISH PAYMENT FUND AND APPROVE PLANS AND SPECIFICATIONS; AND AWARD CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL BATTERY BACK-UP SYSTEM PROJECT AT FOURTEEN (14) LOCATIONS IN THE AMOUNT OF $131,138 TO TRAFFIC DEVELOPMENT SERVICES, INC. AND AUTHORIZE A CONTINGENCY AMOUNT OF $13,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $144,138. RECOMMENDATION: Adopt, and Award. FINANCIAL IMPACT: The Fiscal Year 2013-2014 Capital Improvement Program (CIP) Budget encumbered $47,800 of Proposition C funds for design and construction management services for the traffic signal battery back-up project. The Fiscal Year 2014-2015 CIP Budget included an appropriation of Proposition C Funds in the amount of $150,000 for the construction of fourteen (14) traffic signal battery backup systems (BBS) units. BACKGROUND/DISCUSSION: The installation of BBS will allow for emergency power up to 5 hours in normal operation (green, yellow and red lighting) and an additional 4 hours of red flash to traffic signals at: 1. Diamond Bar Boulevard and Montefino Avenue 2. Diamond Bar Boulevard and Maple Hill Road 3. Diamond Bar Boulevard and Kiowa Crest Drive 4. Diamond Bar Boulevard and Silver Hawk Drive 5. Diamond Bar Boulevard and Fountain Springs Road 6. Diamond Bar Boulevard and Cold Spring Lane 7. Golden Springs Drive and Adel Avenue 8. Golden Springs Drive and Gateway Center Drive 9. Golden Springs Drive and Copley Drive 10. Grand Avenue and Longview Drive 11. Grand Avenue and Summitridge Drive 12. Grand Avenue and Rolling Knoll Road 13. Grand Avenue and Montefino Avenue 14. Lemon Avenue and Lycoming Street. These locations were selected because they are heavily traveled arterial intersections or locations that receive significant school area traffic. Current locations with BBS include the following intersections: 1. Brea Canyon Road and Diamond Crest 2. Diamond Bar Boulevard and Brea Canyon Road 3. Diamond Bar Boulevard and Grand Avenue 4. Diamond Bar Boulevard and Mountain Laurel 5. Diamond Bar Boulevard and Pathfinder Road 6. Diamond Bar Boulevard and Quail Summit 7. Diamond Bar Boulevard and Sunset Crossing 8. Diamond Bar Boulevard and Temple/Mission 9. Golden Springs and Ballena Drive 10. Golden Springs Drive and Brea Canyon Road 11. Golden Springs Drive and Diamond Bar Boulevard 12. Golden Springs Drive and Lavender 13. Golden Springs Drive and Grand Avenue 14. Golden Springs Drive and Lemon Avenue 15. Golden Springs Drive and Sunset Crossing 16. Grand Avenue and Lavender Drive 17. Grand Avenue and Shotgun Lane 18. Pathfinder Road and Brea Canyon Road 19. Pathfinder Road and Bcy- Fern Hollow The project was advertised for bids on May 26, 2014. On June 9, 2014, the City received and publicly opened the following ten (10) bid proposals: Company 1. Traffic Development Services Inc. 2. Select Electric, Inc. 3. Flatiron Electric Group, Inc. 4. Steiny & Company Inc. 5. California Professional Engineering Inc. 6. Sierra Pacific Electrical 7. Macadee Electrical Construction 8. JFL Electric, Inc. 9. PTM General Engineering Services Inc. 10. Unique Performance Const. Inc. 2 Base Bid Amount $131,138.00 $134,400.00 $138,600.00 $143,500.21 $145,292.00 $147,672.00 $151,340.00 $152,810.00 $153,986.00 $161,000.00 RESOLUTION NO. 2014 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESIGN AND PLANS FOR THE TRAFFIC SIGNAL BATTERY BACK-UP SYSTEM AT FOURTEEN (14) SIGNALIZED INTERSECTIONS PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained ADVANTEC Consulting Engineers, Inc. ("Consultant") as the engineer to design and prepare the plans for the Traffic Signal Battery Back -Up System At Fourteen (14) Signalized Intersections Project; B. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; C. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity; Authorization, A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. 11 SECTION 3: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project ("Project Payment Account'). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 17th day of June, 2014. Carol Herrera, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2014 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 17th day of June, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 12 Tommye A. Cribbins, City Clerk KNOW ALL MEN BY 'THESE PRESENTS, THAT WE Traffic Development Services, Inc. as Principal, and Indemnity Company of California as Surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the Principal above named, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we. bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the stun of ten percent of the total amount bid by the principal-- (10%) THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on June 9, 2014, for the BATTERY BACK-UP SYSTEM INSTALLATION AND MODIFICATIONS AT NOW, THEREFORE, if the aforesaid Principal is awarded the Contract, and within the time and manner required Linder the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 3rd day of June , 2014. Traffic Development Services Inc. PRINCIPAL CJ D fG A�t1� 04 TITLE Indemnity Company of California SURETY (SEAL) TI tSha o ez, Attorney -in -Fact NOTE: Signatures of those executing for the Sbe pro erly acknowledged. 24 State of California County of San Bernardino On June 3 2014 before me S Lynn Ewer Notary Public personally appeared Shannon Lopez who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.comS LYNN EWsassof 0�-NNotary Public - California zSan Bernardino county > My Comm. Expires Jul 26, 2016 Signature i POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint ***George A. DeCristo, Shannon Lopez, Peter M. Davis, Martin M. Davis, Faith M. LaValle, Elizabeth D. Kolpien, Gail E. Connor, jointly or severally*** as theirtrue and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said AHorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power ofAttomey is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the afforney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any cedificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this November 21, 2013. By. - ! �/!,�:t''AND,/,V O�nPANYpT _ Daniel Young, Senior Vice -President f �' wu5i""' ,44N�r�Fi? y OPPOF�T d'9 - V iac OCT. ' sem= - z` a. 3 By -0:, 1936 Mark J. Lansdon, Viw-Presidentbe o"' Slate of California.......n County of Orange On November 21, 2013 before me, Antonio Alvarado Notary Public Date Here Insert Name and Title of the Officer personally appeared Dung and Mark J. Lar Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized _ capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of ANT 90 A! AeRAQ0 which the person(s) acted, executed the instrument W COMM, #.2039566 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is NOMIRY P�yUBLII0' p.�'�j2alr true and correct. ORANGE COUNTY My gvmm. explrasAug WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Cedificate. ,, // This Certificate is executed !iyn�the City of Irvine, California, this 3aday of JUI1 P. �l'-y. Cassie J. Berrisfor, ssistant Secretary ID-1380(Rev.11113) AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Traffic Development Services, Inc., hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Traffic Development Services, Inc. and; WHEREAS, City has authorized the Mayor- to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the BATTERY BACK-UP SYSTEM INSTALLATION AND MODIFICATIONS AT FOURTEEN (14) SIGNALIZED INTERSECTIONS in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the BATTERY BACK-UP SYSTEM INSTALLATION AND MODIFICATIONS AT FOURTEEN (14) SIGNALIZED INTERSECTIONS in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications dated May 2014 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLE- MENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated June 9, 2014, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TERM OF CONTRACT: The CONTRACTOR agrees to complete the work within thirty 30 calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.e.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. C. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 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 Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. 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. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this Agreement. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to CONTRACTOR. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 940869 Class A - General Engineering Traffic Development Services, Inc., 207 W Los Angeles Avenue Moorpark, CA 93021 TITLE Date CITY OF DIAMOND BAR, CALIFORNIA By: CAROL HERRERA, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone 805 523-1914 Emergency Phone at which CONTRACTOR can be reached at any time 805 523-1914 APPROVED AS TO FORM: CITY ATTORNEY Date 10 M PROJECT FOR THE INSTALLATION OF TRAFFIC SIGNAL BATTERY BACK-UP SYSTEMS AT FOURTEEN (14) SIGNALIZED INTERSECTIONS Date 4-9 2014 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this bid as principals are the following: i�Affir� ��FU&�oPmen� ,Sskl�o s 0A erse% (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co -partnership, give the name, under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this bid is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bid, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this bid form was obtained. (e) That he has carefully examined the specifications, both general and detail and the drawings attached hereto, and communications sent to him as aforesaid, and makes this bid in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such Contract and to accept in full payment for the work actually done there under the prices slaown in the attached schedule. It is understood and agreed that the quantities set forth are estimates and that the unit prices will apply to the actual quantities whatever they may be. Accompanying this bid is a certified or cashier's check or bidder's bond payable to the order of the City of Diamond Bar in the sum of T'A„vrF-En Yhd�s�n�_h���a�o DOLLARS( Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be retuned to the undersigned, or the bidder will be released from the bid bond. -,ZO7 ('o. �n J614EKW AM. Address of Bidder r DORMe,L C2 fi _ City Zip Code EnS,S,Z3 - / 9 i5— Telephone of Bidder �� Signature of Bidder 10 i AT FOURTEEN INTERSECTIONS In accordance with the Specifications and Special Provisions therefore approved by the City Council of the City of Diamond Bar, the undersigned bidder is herewith submitting the following bid prices for the performance of the entire work as described in these specification documents and attached plans, subject to furnishing all materials. Bid ItemOCT Item Description Unit Amount 1 _ Diamond Bar Boulevard & Montefino Avenue LS g367, Diamond Bar Boulevard & Maple Hill Road LS 1361 0d 3 Diamond Bar Boulevard & Kiowa Crest Drive LS7367 00 4 Diamond Bar Boulevard & Silver Hawk Drive LS --3-3 5 Diamond Bar Boulevard & Fountain Springs Road LS 7367 60 6 Diamond Bar Boulevard & Cold Spring Lane LS 9367 p0 7 Golden Springs Drive & Adel Avenue LS ��36Z o0 8 Golden Springs Drive & Gateway Center Drive LS 67 00 9 Golden Springs Drive & Copley Drive LS 67 co 10 Grand Avenue & Longview Drive LS_ 367 oe 11 Grand Avenue & Surrunitridge Drive LS _��. °O 12 Grand Avenue & Rolling Knoll Road LS 167 00 13 Grand Avenue & Montefino Avenue LS 9367-pD 14 Lemon Avenue & Lycoming Street LS T °D TOTAL AMOUNT OF BID (IN FIGURES)- Total Bid Amount in Words: Bid price indicated refers to all items illustrated on plans and details, and delineated within the Specifications and Special Provisions, installed and completely in place in accordance with all applicable portions of the constriction documents and including all costs connected with such items, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. All work called for on the construction documents, and as otherwise agreed to by the City, are to provide a completed project with all systems operating properly and ready for use. 11 The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this bid and the acceptance thereof may be considered null and void. �kflffiel U�tJFLoPm� �iF,Rutr s _ z'/64 clRc iSL G-6-� NAME OF BIDDER (PRINT) SIG ATURE DATE 'ZD% U) %1016�46S A052.1 ADDRESS r'!]Ddet°fJk'K _ 2, M/ CITY ZIP CODE STATE CONTRACTOR'S LICENSE NO. 3-C TELEPHONE d __ 12 -/y CLASSIFICATION EXPIRATION DATE I declare under penalty of Perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED 12 BID OPENING DATE PROJECT LOCATION CLIENT — i D 1�lft&M CONTRACTOR si£,kt11 Name Under Which Subcontractor is Licensed License No. Address of Office, Mail, or Shop Percent of Total Contract Specific Description of Bid Item 6 _ I * Any subcontractor doing work in excess of one-half (1/2) of one percent (1%) of the total bid or ten thousand dollars ($10,000) whichever is greater, shall be designated on this form. 13 [Labor Code Section 1777.1: Public Contract Code Section 61091 The undersigned, a duly authorized representative of the contractor, certifies and declares that: The contractor is aware of Sections 1771.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing :provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law. 3. The contractor is aware of California Public Contract Code Section 6109, which states: (a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code to bid on, be awarded or perform work as a subcontractor on a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 4. The contractor has investigated the eligibility of each and every subcontractor the contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law. 14 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of Jun& < , 2014, at rrno(AM,OPFL G r, (place of execution). Signature: Name: �jf�iEn /dkSd/I Title: 7J7A/ 99f G Name of Company: _� e 9fiPi t�EtY�P/I1bA% �SlC�s 1.5 In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire: l �; Has the Bidder, any officer, principal or employee of the Bidder who has a proprietary interest in the business of the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state or local government project because of violation of law or a safety regulation? YES NO If the answer is yes, explain the circumstances in the following space: NOTE: This questionnaire constitutes a part of the Bid and signature on the signature portion of this Bid shall constitute signature of this questionnaire. 16 T Q C-0 '0 ANA T to' Me Dow, pme 1201 � A, d - 11 h--, ��f , � Le ,l An on! p I pal :f t In A dca m, ner on -he last ova calcidar n cars bad It c =nv AM, - 1 DO Separate WhortDavion shalt to MANY br eacl-I c yarc. cor-patyadon or i ON i dua by]&j. T^_-idl 'u,i to at,ah 1," U! 'V I . KLPM A ova VAN A VOM TO Wen 0, 0 OV I6 01 njWmVp in sw4� xca& A- eylaria4rT irusi be =&ed ct wo ChOWSWILK 1111TOlvadira Am Fri A am ism! 40 �' 7TEN, it 0 pamiams c another h or Vpndnkor ofewpoplem AA A no; .OTOO j 5 C '"Li "2T aRS (I t RP'E", J "Rio- Tt') "Jsp �010 20A 24-2 _-o!3 -J---- e14 11 An- s�_ 11--'_at.3ii0r _-,ocsic! esc ircm,, o thsanoc as I'C"il!t'i fu' cc,! ,'ntns 3" io P'I (OnqYhond ():u!,2uonA -n1—wiean,,-,c`1 1l_7 c'ase_- OY_ a X-) 1)2 �1�h11-ladrn Ons COMPRI Anni Te r"OKS On 0, a' Ae 10 me a Nq dMe an2 nOrmation is true aad acnizze aidim 1he antrinnsat Aess l I one of riddy" Run L Lj dc AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he is a member of the co -partnership firm designated as which is the party making the foregoing bid or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. That he has been and is duly vested. with authority to make and sign instruments for the co- partnership by who constitute the other members of the co -partnership. Signature Subscribed and sworn to before me this _ day of Signature of Officer Administering oath (Notary Public) 18 STATE OF CALIFORNIA } VEn>uRA }SS COUNTY OF-h�E -S } S% 6&4 being first duly sworn, deposes and says: That he is /17t7/A9/� of l eRfFi �a�FLrF i PF UIGF S a corporation which is the party making the foregoing bid or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this _ S day of (?i�' _,20 ILA. o, CRISTA L GONZAL.. = Commission 0 1940155 a drz Notary Public - California z f z - Ventura County 9p My Comm. Expires Jun 9, 2015 19 STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ! _ being first duly sworn, deposes and says: That he is the party making the foregoing bid or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this day of 20_ Signature of Officer Administering oath (Notary Public) 20 STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES 1 being first duly sworn, deposes and says: That he is of, one of the parties submitting the foregoing bid as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this day of Signature of Officer Administering oath (Notary Public) 21 KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled BATTERY BACK-UP SYSTEM INSTALLATION AND MODIFICATIONS AT FOURTEEN (14) SIGNALIZED INTERSECTIONS and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release said Contractor or the Surety there under nor shall any extension of item granted under the provisions of said Contract release either said Contractor or said Surety and notice of such alterations or extensions of the Contract is hereby waived by such Surety. In the event suit is brought upon this Bond by the obligee and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 2014. PRINCIPAL SURETY BY: BY: (SEAL) (SEAL) 22 KINTOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of _ DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGA`JTION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed Contract with said City for construction of the work under City's specification entitled BATTERY BACK-UP SYSTEM INSTALLATION AND MODIFICATIONS AT FOURTEEN (14) SIGNALIZED INTERSECTIONS and is required by said City to give this bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor in said Contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California, PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety there under nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS )A7HEREOF, we have hereunto set our hands and seals this of . 2014. PRINCIPAL SURETY BY: BY: (SEAL) (SEAL) 23 As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an affirmative course of action as required by the affirmative action guidelines. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportwlities for minority persons at all job levels. 2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM /2Affzc t rlf�od lEn� SGRI/GG� S _ TITLE OF OFFICER SIGNING SIGNATURE _ DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company: 25 The bidder %yffil �� F )FiL�)P�dlGs j &kt/rGE s proposed subcontractor , hereby certifies that he has _-', has not _ , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has _ has not__, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. COMPANY: �.5fPW06-5 IC TITLE: , 4v / - DATE: Ar r 2014. NOTE:The above certification is required by the Equal Employment opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject 1;0 the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 26 RrWrlrlffff&5033�� TO: THE CITY OF DIAMOND BAR: STATE OF CALIFORNIA ) )SS COUNTY OF ?/Ea Zae2 ) fi'�-6i6n c/fnKsoY _, being first duly swom, deposes and says that he or she is 1/�/,�/ g_� of T�fiC. �� U�✓�f,.i£�7/i�E the party making the foregoing bid, that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited and other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contact of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature of Bidder STATE OF CALIFORNIA ) COUNTY OF ) Subscribed and sworn to before me this _} ay of Ju 2014. Notary Public in and for the County of )Q}fin State of California. CRISTA I GONZA EEZ (SEAL) Commission # 1940155 a Notary PubInI - Cel ifornla > Ventura County z My Comm. Expires Jun 9, 2015 27 s �i (}lZ D m C- wCA_0 (}lZ C- -V> -VMr m Z vin -n m `rn ®z CD �zr cnN03 D O 0 'U cn m Z m D � D m z O o C c ;o m m Z n m z m z u r w cn b v 0 6)- C- 0Dm mr,n ZMI 0 -1 C) v�D D 5E „ —� mcn _ mcn 0— CD c°�r Do C _ "IS ® D V -6c�- D m aid o c o ® ° 0 00 W c v C/) W O z m O � D m i1 � m z O 0 c c m m z C) 0 j v. m z co CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma*___P Agenda # 6.9 Meeting Date: June 17, 2014 AGENDA REPORT TITLE: APPROVAL OF CONT RAC WITH THE REGIONAL CHAMBER OF COMMERCE—SAN GABRIEL VALLEY FOR FY 2014-15 IN AN AMOUNT NOT TO EXCEED $12,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: This item is included in the Council -approved FY 2014-15 budget. DISCUSSION: The Regional Chamber of Commerce—San Gabriel Valley (Chamber) serves businesses in Diamond Bar and other cities in the San Gabriel Valley. In addition to working with the Diamond Bar business community, the Chamber must also continue to provide the following related services referenced in Exhibit A (attached): • Representation on the Chamber Board of Directors. • Diamond Bar -based "Business to Business" program. • Free small business development workshops and training opportunities. • Localized advertising opportunities (on website). • Ribbon cuttings at new Diamond Bar businesses. • Meet with the City Manager to discuss the business climate and economic development opportunities. • Submittal of an annual report to the City Manager, including Diamond Bar business list. The City has historically utilized the services of the Chamber as a component of its overall economic development strategy. Therefore, it is recommended that the City Council continue its association with the Chamber and approve the contract in an amount not to exceed $12,000 for FY 2014-15. Prepared by: Anthony San os Sr. Management Analyst Reviewed by: �, �_Q Ryan Lean Deput ity Manager Attachments: 1. Consulting Services Agreement/Exhibit A. 2. Chamber of Commerce Year End Report FY2013-14. CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of , 2014 by and between the City of Diamond Bar, a municipal corporation ("City") and Regional Chamber of Commerce—San Gabriel Valley, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A". B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect July 1, 2014, and shall continue until June 30, 2015, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "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 twelve thousand dollars ($12,000). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: Consultant: James DeStefano, City Manager Steven Ly, Executive Director City of Diamond Bar Regional Chamber of Commerce 21810 Copley Drive 1722 Desire Avenue, Suite 207 Diamond Bar, CA 91765 Rowland Heights, CA 91748 6. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant 's 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 City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 19. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: By: Tommye Cribbins, City Clerk Approved as to form: By: David DeBerry, City Attorney "CONSULTANT" By: Its: CITY OF DIAMOND BAR IIn Carol Herrera, Mayor EXHIBIT "A" FY 2014-2015 CITY SERVICES CONTRACT REGIONAL CHAMBER OF COMMERCE OF THE SAN GABRIEL VALLEY SCOPE OF SERVICES July 1, 2014 through June 30, 2015 A. Administrative Support: Monthly support for services to the City for promotion of City services, informational distribution and efforts to enhance the development of programs for the public benefit. Included in these programs are: Small Business Seminars, Business Expo, City Birthday Party, Business visitations and community outreach. B. City shall have a liasion position on the Chamber of Commerce Board of Directors. This position shall be appointed by the Mayor and shall either be a City Council Member including the Mayor or a City staff member. This position shall be a non-voting member of the Board for as long as the contract remains in effect. C. City shall be provided, at no cost, the following: Second Tier Banner Advertising on the Chamber website for as long as the contract remains in effect; and two complimentary passes to each Breakfast and Luncheon event for as long as the contract remains in effect. D. Chamber shall continue development of the "Diamond Bar Business to Business" program to encourage Diamond Bar businesses to purchase items from other businesses in Diamond Bar. At a minimum the program should contain the following elements: marketing information about existing businesses in Diamond Bar that can provide services to other businesses; and/or educational information about how sales tax dollars benefit the community. This program must be available to all businesses in Diamond Bar not just members of the Chamber of Commerce. There may be some difference in level of service for the program between Chamber and non - Chamber businesses. Chamber shall provide the City with quarterly reports indentifying all Diamond Bar Chamber and non -Chamber member businesses participating in the program. Upon request, the City will provide a list of active City businesses to the Chamber twice a year in order to support and enhance economic growth within the City of Diamond. E. In a continued effort to promote businesses in Diamond Bar to the community and surrounding region, the Chamber shall conduct a minimum of three (3) grand opening ribbon cutting events in Diamond Bar. F. The Chamber shall conduct at least five (5) meetings/workshops to promote small business development, which may include one-on-one meetings with licensed business counselors, or partnerships with other agencies. The meetings/workshops will be open to the public, widely advertised, and of no charge to participants. The meetings/workshops should provide participants with information about writing a business plan, Small Business Administration financing, and developing a marketing plan. G. The Chamber, through its members and contacts in the commercial real estate business, shall use its best efforts to be knowledgeable of all available commercial and office space in the City. To the extent possible, this commercial space availability shall be provided to the City Manager on a monthly basis. H. The Chamber, through its Professional Development Network, will conduct quarterly training and educational opportunities in Diamond Bar for Diamond Bar businesses. These opportunities shall be available for Chamber and non -Chamber members. Within thirty (30) days following these meetings, the Chamber shall cause a written report to be developed and submitted to the City identifying each concern/issue raised by the business community and the individual or business which raised the issue. I. Communications: Executive Director and City Manager and/or their designee will meet no less than quarterly to discuss issues impacting the business community including any information on specific businesses leaving the City, ideas to promote business retention and expansion in the City and opportunities to promote Diamond Bar and Diamond Bar businesses. SAN I L VALLEY REGIONAL CHAMBER OF COMMERCE 1722 Desire Avenue, Suite 207, Rowland Heights, California 91748 Phone: 626.810.8476 1 Fax: 626.810.8475 www.RegionalChamberSGV.com I info@RegionalChamberSGV.com 2013-2014YEAR-END REPORT The Regional Chamber of Commerce -San Gabriel Valley (RCCSGV) is proud to have been a provider of another year of services on behalf of the City of Diamond Bar. As our current 2013-2014 Service Contract comes to an end, I would like to provide you with an update on the work we have done over the past year. In addition to the services in the contract, the RCCSGV is always striving to be a "Voice for Business" in the City of Diamond Bar, we have also had milestone achievements with our Chamber, Including: • New office space that includes a professional conference room that is available to all businesses in the City of Diamond Bar Updated events calendar that serves both large companies and small businesses • A lobby space that has a "Diamond Bar Only" highlighted area for those looking for information just on the City of Diamond Bar • Addition of two new board members from Diamond Bar businesses • Increased the attendance of the Jack Newe's Farmers Market by 30% in the last year due to direct marketing to Diamond Bar residence The RCCSGV has taken over 2,100 phone calls this past year in regards to the City of Diamond Bar. These phone calls have been about businesses or city services. We gladly help the callers or redirect them to the right place to get their answers, either to the city's website or by giving out the correct departments' phone number at the city. The Chamber also actively supported the Diamond Bar Day at the LA County Fair, by providing staff on the planning committee. The Chamber also worked closely with the LA County Fair to provide a successful Business Showcase for Diamond Bar businesses. The Chamber looks forward to continuing it's support of the local economic development of the business community of our region, which includes the City of Diamond Bar. 1 Administrative Support for Small Business Seminars, Business Expo, City Birthday Party, Business visitations and community outreach The Chamber has held several Small Business Seminars, which we call "Small Business Roundtable (SBR)" this past year. Some topics included "Business Safety and Security", which was presented to the businesses by the LA County Sheriff's Department -Walnut -Diamond Bar Station. Along with the Sheriff's Department, the LA County Fire Department will be speaking at a future SBR on "Earthquake Safety at Your Business". The 25th Annual City of Diamond Bar Birthday Business Showcase was sold out this year. With over 50% of the businesses in the showcase being Diamond Bar Businesses. One of the Diamond Bar businesses had just opened a month prior to the Birthday Party. With an estimated 3,500 people that came through the showcase, the businesses continue to enjoy this service that the Chamber offers. We are honored that the City of Diamond Bar continues to give the Chamber the opportunity to serve the businesses at the Birthday Party. The RCCSGV's Ambassador Committee has made over 300 phone calls in the past year to businesses thanking them for doing business in the Diamond Bar area. These businesses names have been provided to the Chamber by the City of Diamond Bar or from the Chamber's database. We will continue this process annually, touching base with the businesses to get an idea of what is going on in the business communities we serve, including Diamond Bar. City liaison to the Board of Directors The Chamber continues to invite and welcome the city's representative to participate and be active as a member of the Board of Directors. This representative serves as an Ex -Officio member of the Board. Second Tier Banner Advertising on Chamber website, Complimentary passes to breakfast and/or lunch events Diamond Bar Councilmembers and staff continue to be invited to participate in the chamber's events for free, as gusts of the chamber. The City's Diamond Bar Center is one of the top searched event spaces on the Chamber's website according to our analytics. Diamond Bar Business to Business Program The Chamber continues to find opportunities to promote business growth in Diamond bar. The Chamber's website continues to have a "Business to Business" section located on it. Also, the Chamber's Ambassador Committee continues to support businesses by sending out "Thank You" postcards to Diamond Bar businesses. These postcards have upcoming events, or pertinent information that target small businesses in the City of Diamond Bar. The postcards also have a personal touch like a special note and signatures of our Ambassadors. We send these out monthly. The Chamber has a very active lobby area with information about local attractions and businesses in the City of Diamond Bar. We have a Diamond Bar Only area along with space for businesses to leave any marketing material that they have. The Chamber typically has about 10-15 people a week that visit our office and they are exposed to this information. 2 Ribbon cuttings in the City of Diamond Bar The Chamber continues to host ribbon cuttings and open houses for all of its new and renewing members. The Chamber has an opportunity to welcome over 45 new members this past fiscal year, of which approximately 25% were Diamond bar Businesses, many of whom opted to have an event. Five meetings and workshops to promote small business development and include one-on-one meets with licensed business counselors The Chamber has established a working relationship with the SBDC office out of Pasadena. We have offered small business seminars for online marketing and one-on-one consulting with a Small Business Development Counselor. The RCCSGV also has representatives available from SASSFA (Southeast Area Social Services Funding Authority), which is an organization that helps with the general and senior workforce needs. A representative from SASSFA works out of the Chamber office once a week. All of the above mentioned organizations have partnered up with the Chamber to establish a better relationship for businesses in the Diamond Bar area and the areas we serve. Keep abreast of real estate issues and businesses The RCCSGV keeps in close contact with realtors that work in the City of Diamond Bar. One realtor sits on the Board of Directors and keeps the RCCSGV abreast of any changes to the real estate market, including empty office space or new businesses moving into the area. The RCCSGV staff attends the San Gabriel Valley Economic Partnerships Economic Forecast annually to stay up-to—date on any economy based information that is provided. These forecasts provide pertinent information regarding the Eastern San Gabriel Region, especially individual cities such as Diamond Bar. The Chamber and the Professional Development Network The Chamber continues to provide programs and seminars that help business development such as our very popular HR Seminar Series, which is provided by one of the top HR Law Firms in the state. These HR Seminar Series have grown from 5 attendees to over 20 attendees monthly. Each HR Seminar Series has a new topic that is pertinent to the workforce today, such as e -cigarettes, obesity as a handicap, and social media. These meetings are open to all businesses, members of the Chamber or not. Communications The RCCSGV chamber's mission is to be transparent to the City of Diamond Bar. We continually check-in with the city to be sure that we are providing a service that is valuable to the businesses in the City of Diamond Bar. Report Submitted by. Melanie Smissen Coward, Professional Staff Regional Chamber of Commerce -San Gabriel Valley 3 2013-2014 BOARD OF DIRECTORS EXECUTIVE COMMITEE Michael Gregoryk Charles Bennett Mt San Antonio College Business Data Links President/Chairperson of the Board Vice President Business Advocacy John Hsu STC Management CFO & President/Chairman Elect 2014-2015 Reyna Del Haro Kaiser Permanente President/Chairwoman Elect 2015-2016 Teresa Chen Alvarez-Glasman & Colvin Vice President Membership Development Ahmad Solomon Southern California Edison Amber Solana AALRR Angelica Michail Sunbelt Business Brokers-Posodean Allian Reiff Valley Vista Sevices Joe Ruzicka Three Valleys Municipal Wather District Ken Liebman AMR Mark Podolski Pacific Palms Resort Jane Wibowo Prosperity Wealth Management/ First Way Insurance Vice President Professional Development Bruce Lazenby Rose Hills Memorial Park & Mortuary Vice President Economic Development Ben Su, MBA, LLITCF, CLF Prosperity Wealth Management/ First Way Insurance Immediate Past President DIRECTORS 4 Mike Touhey USGVMWD Nef Cortez ReMax 100 Peter Pirritano Pirritano Inusrance Agency Vincent Zou CGM Development David Hall Puente Hills Toyota Melissa Luna Speedzone CITY 01: DIAMOND BAP c, CELEBPATION* rp,�� IMe in E for llE3n21,1 �4� CITY COUNCIL Agenda # 6.10 Meeting Date: June 17 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council r'' VIA: James DeStefano, City Ma a 4 TITLE: APPROVAL OF CONTRACT WI H KEYSER MARSTON ASSOCIATES (KMA) TO PERFORM A MARKET OPP RTUNITIES STUDY FOR A TOTAL NOT TO EXCEED AMOUNT OF $50,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: This item will be funded from the adopted FY 2013-14 budget. DISCUSSION: The City of Diamond Bar's Council Goals and Objectives include a focus on economic development opportunities and revitalization of existing areas to promote growth in the Diamond Bar economy. City efforts have included previous work with Keyser Marston Associates (KMA), which completed a 2008 Market Feasibility Analysis and 2010 update. Now that the economy is slowly improving, previous studies are out of date and require more recent analysis. The enclosed KMA Proposal will focus on a market review, demand analysis, feasibility study, and highest and best use of existing development opportunities, specifically focusing on the K -Mart property, Golf Course, Tres Hermanos, and the Brea Canyon Trailer Lot. The analysis is anticipated to take approximately two months after award of contract. If approved, the contract would total $46,000, plus a $4,000 contingency, for a total not to exceed contract amount of $50,000. Funding is budgeted in the FY2013-14 budget. Therefore, it is recommended that the City Council approve the agreement through September 30, 2014. Prepared by: Anthony Santos Sr. Management Analyst Reviewed by: L, i, Rya Lean Deput ity Manager Attachments: 1. Consulting Services Agreement. 2. Keyser Marston Associates Proposal. CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of June 17, 2014 by and between the City of Diamond Bar, a municipal corporation ("City") and Keyser Marston Associates, Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Proposal, dated May 1, 2014 to the City's verbal Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Agreement shall take effect June 17 , 2014, and shall continue until September 30, 2014 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "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 Fifty Thousand Dollars ($50,000). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano, City Manager Consultant: City of Diamond Bar Keyser Marston Associates, Inc. 21810 Copley Drive 500 South Grand Avenue, Ste 1480 Diamond Bar, CA 91765-4178 Los Angeles, CA 90071 6. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant's negligence or willful misconduct in its 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 City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A-, VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the 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 Attorney and the Finance Director. 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 behalf upon the Consultant's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement with the exception of Consultant's proprietary computer models, shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 19. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the taws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: 0 CITY OF DIAMOND BAR M Tommye Cribbins, City Clerk Carol Herrera, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: YSEFE MARSTON ASSOCIATES, ADVISORS IN PUBLIC/PRIVATE REAL. ESTATE DEVELOPMENT AnV"ORsw: May 1, 2014 REALLST&TE RMEVLLOFN 6 l AE oRU BLE Hous NG EcoNorvuc DEvEL paM SANFRANOSco Mr. James DeStefano A.SERRYICEYSER City Manager TMOTRYc �.. x -EARLEEo R City of Diamond. Bar DEEuiEIVA.E 21810 Copley Drive REED T.KAWAHARA DAvm DoEz Diamond Bar, California 91765 LOS ANGELES KA=xi ,H." Re: City of Diamond Bar Economic Development Opportunities JAMES A. RASE GRCwRYD. Sco-Hoo KEVINE.ENGSiROM Dear Mr. DeStefano: Jm. L. Ro= SANMEGo Pursuant to your request, Keyser Marston Associates, Inc. (KMA) prepared the following PAU C.MARRA scope of services for evaluating economic development opportunities in the City of Diamond Bar (City). As KMA understands the situation, the City is interesting in evaluating the market potential for a number of properties within the community to gain an understanding of their catalytic potential. To this end, KMA is pleased to submit this letter proposal to assist the City. The KMA proposal is organized as follows: 1. KMA's relevant qualifications are summarized; 2. The proposed scope of services is described; and 3. The proposed budget and timing for the engagement are provided. STATEMENT OF QUALIFICATIONS Description of the Firm KMA is a full service real estate, financial, redevelopment and economic consulting firm specializing in real estate advisory and evaluation services. KMA is a privately held corporation that was incorporated in 1973. KMA has one of the largest real estate advisory practices on the West Coast. The majority of KMA assignments involve long- standing client relationships. 500 SOUTH GRAND AVENUE, SUITE 1480 a LOS ANGELES, CALIFORNIA 90071 ➢ PHONE: 213 622 8095- FAX: 213 6.22 5204 RXXXX%X.KMAXEE emm 99900.000.002 Mr. James DeStefano May 1, 2014 City of Diamond Bar Page 2 KMA has 18 professional staff members in offices located in Los Angeles, San Francisco and San Diego. The downtown Los Angeles office provides consulting services to government agencies and private sector clients throughout Southern California. KMA's services fall within the following general areas: Real Estate Evaluation and Transaction Services Strategic Planning and Economic Development Services Affordable Housing • Valuation and Litigation Support Fiscal Impact Analyses • Infrastructure and Public Finance Structuring The increased complexities of real estate transactions demand a strong technical understanding of market opportunities and constraints. KMA can provide services that are grounded in a fundamental understanding of the Southern California real estate market, valuations and investment financing. Unique characteristics possessed by KMA include: Experience KMA has 40 years of experience assisting clients throughout the West in real estate market and evaluation services; negotiation services; structuring public/private transactions; and project implementation services. Cost Effectiveness KMA is able to be cost effective for our clients given our ability to provide comprehensive services relating to market and financial feasibility, economic analysis, direct implementation experience and public finance without the need for multiple consultants. Commitment KMA offers the commitment of principals who are recognized leaders in real estate advisory services throughout California. The philosophy and structure of KMA results in clients having maximum direct contact with the firm's principals. XXXXX XMAXEE:emm 99900.000.002 Mr. James DeStefano May 1, 2014 City of Diamond Bar Page 3 Relevant Areas of Expertise KMA provides a full range of real estate advisory services and economic development services to our clients. Descriptions of the firm's services that are pertinent to this engagement follow: Feasibility Assessment KMA has undertaken feasibility studies for clients including public agencies at all levels of government, institutional investors, and national shopping center developers. While the purpose of these studies varies considerably, the essence is to identify the basic demand for the use being tested, which is an essential component in the decision making process. KMA has broad experience in commercial, retail and residential market opportunity assessments, and has assisted clients in identifying mid- to long-term development strategies. To this end, KMA has prepared market, financial and implementation studies for downtowns and corridors throughout Los Angeles, San Bernardino, Riverside and Orange Counties. Financial Evaluation The use of pro forma financial analyses to evaluate the financial feasibility of a wide range of projects is a strength of KMA. These financial feasibility analyses are typically geared toward providing KMA's perspective on the development economics for proposed projects. Disposition Consulting KMA services in this area include preparation of developer solicitation documents, proposal review, developer selection, participation in developer or owner negotiations, and analysis of pending agreements. KMA has taken an active role in the negotiation process leading to numerous Ground Leases, Disposition and Development Agreements, and Owner Participation Agreements. Strategic Plans for Residential, Retail, Commercial and Industrial Uses KMA's economic development services include identifying optimal mix of retail, commercial and industrial uses. KMA's services have assisted public sector clients in formulating policies that maximize revenue potential. Fiscal Impact Analysis As a full service land economics consulting firm specializing in real estate predevelopment and evaluation services, KMA has developed extensive experience in assessing the revenue and cost impacts to be generated by proposed developments or XXx%JxX.KMA.KEE:emm 99900.000.002 Mr. James DeStefano City of Diamond Bar May 1, 2014 Page 4 implementation of plans. These analyses evaluate capital costs, and annual ongoing revenue and service cost impacts, as well as the employment and income effects. PROPOSED SCOPE OF SERVICES KMA is proposing to undertake the following work scope, which is separated into the five tasks outlined below. The analysis will review the overall market conditions in Diamond Bar and address the opportunities for four sites specified by the City. TASK I — MARKET AREA REVIEW Socio -Economic Characteristics and Background Data Collection KMA will analyze the makeup of both the City of Diamond Bar (City) and the market area residents. There are a number of important demographic and economic characteristics that will profoundly impact market support for retail and commercial development. Included among these are the number of households, household formation, population, income levels and the resulting retail expenditures potential. This information will be obtained from agencies such as the State Department of Finance, local governmental agencies, private firms specializing in demographic data and market research conducted by KMA. In addition, KMA will review any reports recently completed for or by the City. Businesses Working with the City, KMA will summarize the existing business and employment patterns both in the City and the market area. Sources of information will include market area reconnaissance, a review of the general land use plan, data from private suppliers and any inventory studies the City has performed. TASK II — MARKET DEMAND ANALYSIS The collection of socio-economic and business data will set the stage for KMA's subsequent research. By first identifying the salient factors that will impact future development, KMA can proceed with an assessment of demand and future market conditions to identify near- to mid-term development opportunities. The assessment of market conditions will consider the current market opportunities, as well as the strengths, weaknesses and opportunities embodied by the present uses in the City and its surrounding jurisdictions. Working with the City, the analysis will include a review of the retail, office and residential markets, identifying general rent levels, sales prices, vacancy rates, land and building values, recent transactions and proposed developments. In addition, KMA will summarize the performance of hotels in the market area; including, average daily rates, occupancy levels and regional demand projections. XXXXXXXXMAXEE:emm 99900.000.002 Mr. James DeStefano City of Diamond Bar May 1, 2014 Page 5 Based on the information compiled, KMA will evaluate the strengths and weaknesses embodied by the existing uses both in the City and surrounding jurisdictions. Sources of this information include brokers active in the area and real estate market reports prepared by real estate service corporations. TASK III — ENTITLEMENT/ PHYSICAL CONSTRAINTS AND FEASIBILITY KMA will identify potential development constraints for the Sites. This review will include: 1. Zoning - The current zoning of each site will be identified, with an understanding that a zone change may be required to successfully achieve a site's highest and best use. 2. Existing Uses — KMA will identify and describe the type, scope and quality of the existing land uses. 3. Physical - The physical properties of each site will be reviewed. This review will include an evaluation of the site's shape, topography and existing development. 4. Locational - The location of each site will be considered including, access, traffic volumes and surrounding uses. TASK IV — HIGHEST AND BEST USE KMA will identify the highest and best use for the Sites by considering the following: 1. Market Considerations- The information compiled in the previous tasks will be utilized to evaluate the market opportunities for each site. This evaluation will consider the depth of demand for various development types (e.g. retail, commercial, residential) throughout the City and appropriateness of these uses for the individual sites. 2. Joint Development Opportunities - KMA will consider the benefits of incorporating adjacent parcels. 3. Development Timeframe -The short-term, mid-term and long-term development opportunities, as appropriate, for the sites will be identified. 4. Phasing Options - The phasing potential of each site will be considered, with a discussion of the benefits/drawbacks of phasing. xXXX MXMAXEE:.mm 99900.000.002 Mr. James DeStefano May 1, 2014 City of Diamond Bar Page 6 TASK V — STRATEGIC VISION & CONCLUSIONS Working with the City, KMA will prepare a strategic vision for the sites. This vision will include: 1. Highest & Best Use - Identification of the highest and best use for the site. 2. Entitlements - Recommendations on the proposed zoning and allowable density on the sites. 3. Fiscal Benefits —Based on the highest and best use, KMA will estimate the potential sales and property taxes generated by the projects. Upon completing the analysis, KMA will prepare a memorandum summarizing the key findings for the City. PROJECT BUDGET Given the nature of the assignment, the study would be prepared for a not -to -exceed budget of $30,000. For the purposes of this analysis, KMA anticipates attending two meetings. Any additional meetings will be billed on a time -and -expenses basis in accordance with the attached rate schedule. Reimbursable expenses are in addition to the above amounts. The City will be billed monthly during the analysis. KMA believes the analysis can be completed within 7 weeks of receiving authorization to proceed from the City and any requested documents. ADDITIONAL SERVICES In addition to the analysis discussed above, KMA can prepare a land residual analysis for each site. Given the identified land uses and potential development scopes, KMA would estimate the land residual value supported for one "prototypical' project on each site.' This pro forma analysis will consider the likely construction costs for the prototypical project, the projected income/revenue generated by the project and a market rate developer return. This additional analysis would cost $16,000 for the four sites and would require an additional two weeks added to the schedule and one additional meeting. ' KMA will need to work with the City and its planning department to identify the scope and layout of the proposed projects. XXXXX XMAXEE:emm 99900.000.002 Mr. James DeStefano City of Diamond Bar May 1, 2014 Page 7 We hope the above meets your needs, and are available to discuss the above at your convenience. Sincerely, KEYSER MARSTON ASSOCIATES, INC. Kevin Engstrom Senior Principal Attachment XXXXX XMAXEE:emm 99900.000.002 KEYSER MARSTON ASSOCIATES, INC. HOURLY RATES Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals, taxis, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. 2013/2014 A. JERRY KEYSER* $280.00 MANAGING PRINCIPALS; $280.00 SENIOR PRINCIPALS* $270.00 PRINCIPALS* $250.00 MANAGERS* $225.00 SENIOR ASSOCIATES $187.50 ASSOCIATES $167.50 SENIOR ANALYSTS $150.00 ANALYSTS $130.00 TECHNICAL STAFF $95.00 ADMINISTRATIVE STAFF $80.00 Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals, taxis, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. CITY COUNCIL Agenda # 6.11 Meeting Date: June 17 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council r', VIA: James DeStefano, City Mn er TITLE: APPROVAL OF CONTRACT ITH KOSMONT COMPANIES TO PERFORM REAL ESTATE AND ECONOMIC DEVELOPMENT CONSULTING FOR A TOTAL NOT TO EXCEED AMOUNT OF $30,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: This item will be funded from the adopted FY 2013-14 budget. DISCUSSION: The City of Diamond Bar's Council Goals and Objectives include a focus on economic development opportunities and revitalization of existing areas to promote growth in the Diamond Bar economy. The City has previously contracted with Kosmont Companies to provide a variety of specialized real estate and bond financing assistance over the last ten years. The enclosed Kosmont Companies Proposal focuses on several tasks that include real estate evaluation and economic development consulting, evaluation of future hotel proposals at the Honda Property, assistance with project negotiations and financing options, as well specialized as -needed services including marketing future commercial development opportunities. The Kosmont Companies are among the most specialized in the field, and have provided services to municipalities and corporations throughout the nation. If approved, the contract would not exceed $30,000 for as -needed work. Therefore, it is recommended that the City Council approve the agreement, with funding budgeted in the approved FY2013-14 budget. Prepared by: Anthony Santos Sr. Management Analyst Attachments: 1. Consulting Services Agreement. 2. Kosmont Companies Proposal. Reviewed by: ie�s Ry clean Dep City Manager kSM o Companies June 10, 2014 Mr. James DeStefano City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Re: Proposal for Real Estate, Economic Development Consulting and Public/Private Financing Services for a Hotel Development Opportunity Dear Mr. DeStefano: Kosmont & Associates, Inc. doing business as Kosmont Companies ("Consultant" or "Kosmont") is pleased to present this proposal for Real Estate, Economic Development Consulting and Public/Private Financing Services to the City of Diamond Bar ("Client" or "City") in connection with a potential hotel and office development opportunity. This proposal serves as an Agreement. I. BACKGROUND AND OBJECTIVE Consultant understands that the City requires assistance with economic development objectives related to the hotel development opportunity Project and the City is seeking Consultant's services in support of these efforts. The City desires assistance with evaluating the preferred approach to development and financing for a potential hotel and office project to be located on a 4.9 acre up to 7.37 acre buildable site in the City of Diamond Bar on Grand Avenue at Old Brea Canyon Road ("Project" or "Site'). The City has received interest in development of the Project and desires Consultant services to further evaluate and pursue. II. SCOPE OF SERVICES The major tasks to be performed by Consultant that will comprise this assignment are described as follows: Task 1: Identify and Evaluate Development Opportunity As directed by the Client, review and evaluate proposals for Site to determine viability and potential transaction approaches and financing structures. Review existing project market studies and provide updates as may be necessary. 865 South Figueroa Street 35'" Floor Los Angeles CA 90017 ph 213.417.3300 Tic 213.417.3311 w .kosmont.conn City of Diamond Bar ProjaoralforSewices Jmm 10, 2014 Page 2 of 6 Task 2: Project Implementation Services (Future Potential Task) To the extent a Project concept and approach materializes that is acceptable to the City, Consultant is available to assist in project execution, including but not limited to project negotiations, transaction financing programs and related implementation services pertaining to expansion of project acreage pursuant to an existing Stadium Agreement with the City of Industry. Task 3: Additional Services (As Needed) Consultant may perform additional services as directed by the Client. These services would include follow-on work to Task 1 such as marketing the hotel opportunity site to interested parties, as well as work on other properties/projects including but not limited to marketing, financial analysis and transaction structuring. III. SCHEDULE AND REQUIRED DATA Consultant is prepared to commence work immediately upon receipt of authorization Client will provide Consultant with all existing project data including relevant market and property studies. IV. COMPENSATION The compensation for Task 1 is estimated at $15,000. Further increases, if necessary, will require approval by Client in advance. Services for Tasks 1 and if needed, Task 2 will be invoiced monthly at Consultant's standard billing rates, as shown on Attachment A. In addition, invoices will include reimbursement for out-of-pocket expenses such as travel and mileage (provided that there shall be no overnight travel without the Client's prior approval and that mileage shall be reimbursed at Kosmont's normal mileage reimbursement rate of 56.5 cents per mile), professional printing, conference calls, and delivery charges for messenger and overnight packages at actual cost. Unless otherwise agreed to in advance, out -of -area travel, if any, requires advance funding of flights and hotel accommodations Consultant will also include in each invoice an administrative services fee to cover in- house copy, fax, telephone and postage costs equal to four percent (4.0%) of Consultant's monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum. V. OTHER PROVISIONS A. Termination. Client or Consultant shall have the right to terminate this Agreement at any time upon written notification to the other party. Payment for fees accrued through the date of termination shall be remitted in full. B. Arbitration. Any controversy or claim arising out of or in relation to this Agreement, or the making, performance, interpretation or breach thereof, shall be settled KOSMONT COMPANIES 865 South Figueroa Street 351' Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 ww Aosrront.com GO of Diamond Bar Avporadfor Services June 90, 2094 Page 3 of 6 by arbitration at JAMS in Los Angeles, California. Each of the parties to such arbitration proceeding shall be entitled to take up to five depositions with document requests. The provisions of Section 1283.05 (except subdivision (e) thereof) of the California Code of Civil Procedure are incorporated by reference herein, except to the extent they conflict with this Agreement, in which case this Agreement is controlling. If the matter is heard by only one arbitrator, such arbitrator shall be a member of the State Bar of California or a retired judge. If the matter is heard by an arbitration panel, at least one member of such panel shall be a member of the State Bar of California or a retired judge. The arbitrator or arbitrators shall decide all questions of law, and all mixed questions of law and fact, in accordance with the substantive law of the State of California to the end that all rights and defenses which either party may have asserted in a court of competent jurisdiction shall be fully available to such party in the arbitration proceeding contemplated hereby. The arbitrator and arbitrators shall set forth and deliver their findings of fact and conclusions of law with the delivery of the arbitration award. Judgment upon the award rendered shall be final and non -appealable and may be entered in any court having jurisdiction. C. Attorneys' Fees. In the event of any legal action, arbitration, or proceeding arising out of an alleged breach of this Agreement, the party prevailing in such legal action, arbitration, or proceeding shall be entitled to recover reasonable attorneys' fees, expenses and costs, as well as all actual attorneys' fees, expenses and cost incurred in enforcing any judgment entered. D. Authority. Each of the parties executing this Agreement warrants that persons duly authorized to bind each such party to its terms execute this Agreement. E. Further Actions. The parties agree to execute such additional documents and take such further actions as may be necessary to carry out the provisions and intent of this Agreement. F. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party without the prior written consent of the other party. G. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and there respective successors and assigns. H. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and any and all prior discussions, negotiations, commitments and understanding, whether written or oral, related hereto are superseded hereby. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing signed by both parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver of such provisions unless otherwise expressly provided. Each party to this Agreement has participated in its drafting and, therefore, ambiguities in this Agreement will not be construed against any party to this Agreement. KOSMONT COMPANIES 865 South Figueroa Street 35" Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 w Aosmont.com City of Dia>nored Bar Proposal for Servicer June 10, 2014 Page 4 of 6 I. Severability. If any term or provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and in force to the fullest extent permitted by law. J. Notices. All notices, requests, demands and other communications which may be required under this Agreement shall be in writing and shall be deemed to have been received when transmitted; if personally delivered, if transmitted by telecopier, electronic or digital transmission method, upon transmission; if sent by next day delivery to a domestic address by a recognized overnight delivery service (e.g., Federal Express), the day after it is sent; and if sent by certified or registered mail, return receipt requested, upon receipt. In each case, notice shall be sent to the principal place of business of the respective party. Either party may change its address by giving written notice thereof to the other in accordance with the provisions of this paragraph. K. Titles and Captions. Titles and captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision herein. L. Governing Law. The statutory, administrative and judicial law of the State of California (without reference to choice of law provisions of California law) shall govern the execution and performance of this Agreement. M. Confidentiality. Each of the parties agrees not to disclose this Agreement or any information concerning this Agreement to any persons or entities, other than to their attorneys and accountants, or as otherwise may be required by law. N. Counterparts. This Agreement may be executed in one or more counterparts, each of which constitutes an original, and all of which together constitute one and the same instrument. The signature of any person on a telecopy of this Agreement, or any notice, action or consent taken pursuant to this Agreement shall have the same full force and effect as such person's original signature. O. Disclaimer. Consultant's financial analysis activities and work product, which includes but is not limited to pro forma analysis and tax projections, are projections only. Actual results may differ materially from those expressed in the analysis performed by Consultant due to the integrity of data received, market conditions, economic events and conditions, and a variety of factors that could materially affect the data and conclusions. Client's reliance on Consultant's analysis must consider the foregoing. Consultant services outlined and described herein are advisory services only. Any decisions or actions taken or not taken by Client and affiliates, are deemed to be based on Client's understanding and by execution of this Agreement, acknowledgement that Consultant's services are advisory only and as such, cannot be relied on as to the results, performance and conclusions of any investment or project that Client may or may not undertake as related to the services provided including any verbal or written communications by and between the Client and Consultant. KOSMONT COMPANIES 865 South Figueroa Street 35" Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 w .kosmontcom City of Diamond Bar Propo alfor Services June 10, 2014 Page S of 6 Client acknowledges that Consultant's use of work product is limited to the purposes contemplated within this Agreement. Consultant makes no representation of the work product's application to, or suitability for use in, circumstances not contemplated by the scope of work under this Agreement. P. Limitation of Damages. In the event Consultant is found liable for any violation of duty, whether in tort or in contract, damages shall be limited to the amount Consultant has received from Client. Q. Expiration of Proposal for Services. If this Agreement is not fully executed by the parties within thirty (30) days from the date of this letter, this proposal shall expire. R. Not an agreement for Legal Services or Legal Advice. This Agreement does not constitute an agreement for the performance of legal services or the provision of legal advice, or legal opinion. Client should seek independent legal counsel on matters for which Client is seeking legal advice. VI. ACCEPTANCE AND AUTHORIZATION If this Agreement is acceptable to Client, please execute two copies of the Agreement and return both originals to Kosmont Companies. Upon receipt of both signed contracts, we will return one fully executed original for your files. Kosmont will commence work upon receipt of executed Agreement and services deposit. Read, understood, and agreed to this Day of 2014 City of Diamond Bar By: (Signature) Name: (Print Name) (Title) Kosmont & Associates, Inc. doing business as "Kosmont Companies" By: (Signature) Name: Larry J. Kosmont, CRE° Its: President & CEO KOSMONT COMPANIES 865 South Figueroa Street 35" Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 w .kosmontcom CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of June 17, 2014 by and between the City of Diamond Bar, a municipal corporation ("City") and Kosmont & Associates, Inc., doing business as "Kosmont Companies" ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Proposal, dated June 10, 2014 to the City's verbal Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect June 17 2014, and shall continue unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule 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 Thirty Thousand Dollars ($30,000). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano City of Diamond Bar 21810 Copley Drive Diamond Bar. CA 91765-4178 1 Consultant: Larry Kosmont, President & CEO Kosmont Companies 865 South Figueroa Street, 35th Floor Los Angeles, CA 90017 6. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant 's performance ON 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 City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. 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 for one year after Agreement termination or expiration. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A-, VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of K? performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed 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. 0 B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without 5 the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 19. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 5 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ►,14211039 CITY OF DIAMOND BAR By: By: Tommye Cribbins, City Clerk Approved as to form: City Attorney "CONSULTANT" Kosmont & Associates, Inc., dba "Kosmont Companies" Larry J. Kosmont Its: President & CEO Carol Herrera, Mayor GO ofDiammzd Bar Proposalfor Service, June 10, 2014 Page 6 of 6 ATTACHMENT A Kosmont Companies 2014 Public Agency Fee Schedule Professional Services President & CEO $295.00/hour Partner/Senior Vice President/Senior Consultant $225.00/hour Vice President/Associate $185.00/hour Project Analyst / Project Manager $150.00/hour GIS Mapping/Graphics Service/Research $ 95.00/hour Clerical Support $ 60.00/hour Additional Expenses In addition to professional services (labor Fees: 1) An administrative fee for in-house copy, fax, phone and postage costs will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus 2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) If Kosmont retains Third Party Vendor(s) for Client (with Client's advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. Y Charges for Court/Deposition/Expert Witness -Related Appearances Court -related (non -preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4 -hour minimum. Rates shall remain in effect until December 31, 2014. KOSMONT COMPANIES 865 South Figueroa Street 35" Floor Los Angeles CA 90017 ph 213.417.3300 fx 213.417.3311 w .kosmont.com %�\ II DiA 40ND BARD CITY COUNCIL Agenda # 6.12 Meeting Date: June 17, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: Approval of a two-year Agr ement (FY 2014-16) with On -Line Transcription Services in the Amount Not -to -Exceed $25,000 per year to Provide Minute Secretarial Services for the City Council, Commissions and Committees. RECOMMENDATION: Approve. FINANCIAL SUMMARY: Budgeted in the City Council Approved FY 2014-15 Budget. BACKGROUND: The City of Diamond Bar has utilized the services of On -Line Transcription Services for Minute Secretarial Services for the City Council, Planning Commission, Traffic and Transportation, Parks and Recreation Commission Minutes and other committees since July 1, 2004. On -Line Transcription Services has been providing outstanding service to staff in the preparation of draft Minutes for the City Council and Commissions, and is on the Approved Vendor's List. Additionally, On-line Transcription Services has agreed to the current hourly rate structure of $25 per hour, with the maximum amount not to exceed $25,000 per year. Therefore, staff recommends approval of an Agreement from July 1, 2014 to June 30, 2016. J P E ARED T., TommyeC�ribbiin,Wirlerk REVIEWED BY: RyanM0 ean, Deputy City Manager CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of July 1, 2014 , by and between the City of Diamond Bar, a municipal corporation ("City") and On-line Transcription Services, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide Minute Secretarial services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A". 2. Term of Agreement. This Agreement shall take effect July 1, 2014, and shall continue until June 30, 2016. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "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 -Five Thousand Dollars ($25,000). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano, City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Consultant: Carol Dennis On -Line Transcription Services 218 Pennsylvania Avenue Walsenburg, CO 81089-1538 1 6. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant 's performance of work hereunder or its failure to comply with any of its obligations contained in this `A 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 City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 10. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 11. 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. 3 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. 12. 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. 13. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 14. 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. 15 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 parry 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. 16. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 17. 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 18. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 19. 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. 20. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 21. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST By: Tommye Cribbins, City Clerk Approved as to form: By: City Attorney "CONSULTANT" By: Its: CITY OF DIAMOND BAR A 5 Carol Herrera, Mayor ONLINE TRANSCRIPTION 218 Pennsylvania Avenue Walsenburg, CO 81089 June 12, 2014 Tommye Cribbins, City Clerk City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Dear Mrs. Cribbins, I, Carol A. Dennis, Owner, Online Transcription, hereby submit for your consideration, my offer and willingness to continue providing the City of Diamond Bar all draft meeting minutes under the direct supervision of Tommye Cribbins, City Clerk, which may include but is not limited to, the following meetings at the same transcription rate of $25 per hour: City Council: Planning Commission: P&R Commission: T&T Commission: 2 or more regular and special meetings each Month as directed by staff; 2 or more regular and special meetings each month as directed (to include AR meetings) as directed by staff; 1 or more regular and special meetings each month as directed by staff; 1 or more regular and special meetings each month as directed by staff; Thank you for your consideration in this matter. Respectfully, ra i Carol Dennis, Owner Online Transcription 218 Pennsylvania Avenue Walsenburg, CO 81089 Office: 719-738-2367 Cell: 719-989-8546 Fax: 866-901-6005 Agenda # Meeting Date TO: Honorable Mayor and Members of the City Council 6.13 June 17, 2014 VIA: James DeStefano, City Man g TITLE: APPROVAL OF RESOLUTION 1014 -XX ESTABLISHING AN UNCLAIMED FUNDS POLICY IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 50050-50056 RECOMMENDATION: Approve. FINANCIAL IMPACT: None. BACKGROUND: Government Code Sections 50050-50056 set forth the requirements to properly notice the public of unclaimed funds that are not the property of the local agency but remain in the treasury of the local agency for three or more years. The City of Diamond Bar has outstanding unclaimed funds dating back to the early 1990's. The City has not previously had a policy in place to properly notify and account for these unclaimed funds. This policy establishes a procedure that complies with Government Code Sections 50050 through 50056. The procedure for funds that remain unclaimed for at least three years includes publishing a notice once a week for two consecutive weeks in a local newspaper of general circulation in the City of Diamond Bar. The notice shall state the individual or business name, the amount of money, the fund in which the money is held and that the money will become the property of the City of Diamond Bar on a specific date which is not less than 45 nor more than 60 days after the first publication. A person may file a claim for the funds with the Director of Finance. The claim form will help identify the claimant as the party entitled to the funds. Information collected will include the name, address, telephone number, amount, tax identification number and the grounds for the claim. If and when the funds remain unclaimed after the procedure outlined in the attached policy is followed, the funds become the property of the City of Diamond Bar. If the funds are in a special revenue fund, the City Council may transfer the funds to the General Fund. Prepared by:, f�f canna L. Honeywell r Finance Director Attachments: 1. Exhibit A -Unclaimed Funds Policy 2. Unclaimed Funds — Claim Form 3. Unclaimed Funds — Claim Rejection Form 4. Resolution 2014 -XX. Attachment 1 — Exhibit A --------POLICY AND PROCEDURE-------------------------------------------------------------------- NO. F-14 CITY OF DIAMOND BAR POLICY AND PROCEDURE Number: F-14 Authority: Resolution 2014 -XX Effective: June 17, 2014 Revised: PURPOSE The purpose of this policy is to establish the proper disposition and accounting for unclaimed money in accordance with Government Code Sections 50050 through 50056. II. AUTHORITY This policy has been adopted by the City for use in all departments. III. POLICY Funds that remain unclaimed for at least three (3) years will become the property of the City of Diamond Bar after the procedures identified herein have been followed. Unclaimed funds consists of funds which are not the property of the City but remain in the City Treasury for three or more years without a claim being filed by the legal owner(s). Unclaimed money does not include individual items of less than $15, or any amounts in which the depositor's name is unknown. These funds will become the property of the City of Diamond Bar after being unclaimed for a period of at least 12 months. IV. PROCEDURES The following procedures are for items over $15. A. Every June 30th and December 31St, (the evaluation date) all unclaimed funds will be identified. B. For funds that have been unclaimed for at least a three year period, a notice will be published once a week for two consecutive weeks in a newspaper of general circulation in Diamond Bar. The notice shall state the individual or business name (original depositor for receipts, original vendor for stale -dated checks), the amount of money, the fund in which the money is held and that --------POLICY AND PROCEDU Attachment 1 — Exhibit A -------------------------------- NO. F-14 the money will become the property of the City of Diamond Bar on a specific date (not less than 45 nor more than 60 days after the first publication). (Government Code Section 50051). C. Upon or prior to publication, a party of interest may file a claim for the funds with the Director of Finance. The claim (see attached form) must contain the claimant's name, address, telephone number, amount, tax identification number and grounds for the claim. It must be submitted and accepted before the date identified in the notice as the date the funds become the property of the City of Diamond Bar. The Director of Finance can require additional information to help substantiate the claim and to establish the authority of the claimant to receive the funds. (Government Code Section 50052). D. Notwithstanding Section 50052, the Director of Finance may release the unclaimed funds to the depositor, their heir, beneficiary or duly appointed representative if claimed prior to the date the funds become the property of the City of Diamond Bar and satisfactory proof has been submitted. (Government Code Section 50052.5). E. When the unclaimed funds become the property of the City of Diamond Bar, 45 days and no more than 60 days after a published public notice, and are in a special fund, the City Council may transfer the funds to the General Fund. (Government Code Section 50053). The following procedures are for items under $15 or where the depositor is unknown: F. Any individual items of less than $15 or any amount if the depositor's name is unknown, which remain unclaimed in the Treasury for the period of one year will become the property of the City of Diamond Bar and may be transferred to the General Fund by the City Council without the necessity of publication of a notice in the newspaper. V. DEFINITIONS The following terms are used in this policy. A. Unclaimed Funds: Unclaimed funds consists of funds which are not the property of the City but remain in the City Treasury for three or more years without a claim being filed by the legal owner(s). Unclaimed money does not include individual items of less than $15. Examples of unclaimed money include, but are not limited to, stale dated checks and deposits held for various purposes by City Departments. Attachments 1. Unclaimed Funds — Claim Form 2. Unclaimed Funds — Claim Rejection Form Attachment 2 — Unclaimed Funds - Claim Form II n airio�n sARll 7 CITY OF Diamond Bar UNCLAIMED FUNDS — CLAIM FORM Return completed form to: City of Diamond Bar - Finance Department 21810 Copley Drive, Diamond Bar, CA 91765 Pursuant to California Government Code Section 50052, 1 hereby file a claim for unclaimed funds in the amount of $ —that was published in the on The grounds on which I file this claim are: In making this claim, I agree to defend and hold harmless the City of Diamond Bar from and against any other claim made for the funds that I claim are to be paid to me. Vendor or Individual Name (Printed) Taxpayer I.D. or Social Security No. Vendor or Individual Name (Signature) Telephone Number Address City/State/Zip Code FOR FINANCE DEPARTMENT ONLY Proof of Identity Verified: (Check One) Drivers License ❑ Social Security Card ❑ Verified By: Claim: (Check One) Approved ❑ Rejected ❑ Reason for Birth Certificate Date: Reviewed By: Date: Attachment 3 — Unclaimed Funds - Rejection of Claim Form � DIAAIOA'D BAR � s iU�rr �s CITY OF DIAMOND BAR UNCLAIMED FUNDS - CLAIM REJECTION FORM The City of Diamond Bar has rejected the unclaimed funds claim of: Vendor or Individual Name: Taxpayer I.D. or Social Security Number: Address: City/State/Zip Code: Original Check Date: Original Check Amount: The grounds on which this claim has been rejected are: Under California Government Code Section 50052, you have the right to file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within Los Angeles County. A copy of the complaint and the summons issued thereon must be served with thirty (30) days of receiving this notice of rejection. Upon being served, the Director of Finance will withhold the disputed amount from being released until a decision is rendered by the court. Dianna L. Honeywell Director of Finance Date Attachment 4 RESOLUTION NO. 2014 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AN UNCLAIMED FUNDS POLICY IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 50050-50056 WHEREAS, Government Code Sections 50050-50056 identifies the requirements regarding unclaimed funds held by local agencies; and WHEREAS, the City of Diamond Bar has established an unclaimed funds policy in accordance with Government Code Sections 50050 - 50056; NOW, THEREFORE, the City Council of the City of Diamond Bar Does Hereby Find, Determine and Resolve as Follows: The Unclaimed Funds Policy attached hereto as Exhibit "A" shall, pursuant to Government Code sections 50050-50056 be the Unclaimed Funds Policy for the City of Diamond Bar. PASSED, ADOPTED, AND APPROVED this 17th day of June, 2014, Carol Herrera, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2014 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 17th day of June, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 2 Tommye A. Cribbins, City Clerk CITY COUNCIL Agenda # 7.1 (a) Meeting Date: June 17, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a e TITLE: RESOLUTION LEVYING AN ASESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2014-2015 RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The District 38 levy rate of $15.00 per parcel will generate $268,305 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. There are not sufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2014-15, $98,932 of the General Fund will pay for the operation and maintenance costs in District 38. The assessment revenues shall be deposited in Special Revenue Landscape Fund 138 and shall apply toward the 2014-15 operation and maintenance budget. The total annual budget of the District is $367,237. The itemized budget for District 38 is included in the attached Engineer's Report, Financial Analysis, Page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 38 are the parkways along the northerly side of Grand Avenue (between Diamond Bar Boulevard and Summitridge Drive), the southerly side of Temple Avenue (between Diamond Bar Boulevard and Golden Springs Drive), along Golden Springs Drive (between Torito Lane and Temple Avenue); the streetscape improvements along Brea Canyon Road (between Pathfinder Road and the Southerly City Limit); and the medians throughout the City. The maintenance areas are further detailed in Exhibit "B-1" of the Engineer's Report. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 17,887 parcels. The amount assessed upon the lands within District No. 38 for Fiscal Year 2013-2014 was $15.00 per parcel. This 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. PREPARED BY: Marcy Hilario, Administrative Coordinator Date Prepared: June 9, 2014 REVIEWED BY: a avid G. Lig Director of Public Works/City Engineer Attachments: Resolution No. 2014 -XX Engineer's Report dated June 3, 2014 RESOLUTION NO. 2014 -XX A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2014-15. A. RECITALS. (i) By its Resolution No. 2014-21, this Council approved a report of the City Engineer related to City of Diamond Bar Assessment District No. 38 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2014-15. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit 'A-1." (ii) Said hearing was duly and properly noticed, commenced in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California on June 17, 2014, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 1 report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2013-14 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2013-14 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2014-15. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 38. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 2 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of , 2014. Carol Herrera, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of , 2014, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar 3 I 119M 121AMMIMMOWN Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 2014-15 CITY OF DIAMOND BAR Preliminary: June 3, 2014 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 5225 Canyon Crest Drive, STE 71 PMB 315 Riverside, CA 92507 (951) 781-0811 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A -I" - Assessment Diagram Exhibit "B-1" - Improvement Map Ike 1 7 3 4 6 7 8 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2014-15 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section 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 special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (cotmrtencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 38 Engineer's Report — FY 2014-15 The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1"), All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 38 2 Engineer's Report — FY 2014-15 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No, 38 3 Engineer's Report — FY 2014-15 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 2014-15 Fiscal Year is as follows: Revenue: Appropriation Fund Balance (from FY 2013-14) Property Tax - Special Assessments Interest Revenue Transfer in - General Fund TOTAL Appropriations: Personnel Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense staffing Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance of Grounds/Buildings Professional Services Contract Services Capital Improvements Reserve for Future Capital Improvements TOTAL Assessment District No. 38 4 Engineer's Report — FY 2014-15 2014-15 Recommended Budget $ 0 268,305 0 98,932 $ 367,237 0 0 0 0 0 0 0 5,000 150,325 16,200 4,100 191,612 0 n $ 367,237 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 38 Engineer's Report— FY 2014-15 METHOD OF APPORTIONMENT 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 of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of cormnunity pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. 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. Assessment District No, 38 Engineer's Report — FY 2014-15 ASSESSMENT The amount to be assessed upon the tots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $268,305 Estimated Number of Parcels: 17,887 Estimated Assessment Per Parcel: $ 15.00 2014-15 Assessment Per Parcel: $ 15.00 2013-14 Assessment Per Parcel: $ 15.00 Difference: $ 0.00 Assessment District No, 38 7 Engineer's Report — FY 2014-15 ASSESSMENT ROLL The individual 2014-15 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: zW I 2Z 2014 Assessment District No. 38 Engineers Report — FY 2014.15 GFB-FRIEDRICH & ASSOC.. INC. N A. IKRf#DRIM EXHIBITS Assessment District Na 38 Engineer's Report— FY 2014-15 '4w fi B L N-) i m {tl`1pelt llog IN Is 2014-21 � I� � � j■ � �� % I V) s ° s \( . | 2n!!-21 CITY COUNCIL Agenda 4 7.1 (b) Meeting Date: June 17, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M n TITLE: RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2014-2015. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The District 39 levy rate of $130.00 per parcel will generate $162,630 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. There are not sufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2014-15, $116,607 of the General Fund will pay for the operation and maintenance costs in District 39. The assessment revenues shall be deposited in Special Revenue Landscape Fund 139 and shall apply toward the 2014-15 operation and maintenance budget. The total annual budget of the District is $279,237. The itemized budget for District 39 is included in the attached Engineer's Report, Financial Analysis, Page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 39 are the mini parks, slopes, and open space areas within the Assessment diagram as reflected in Exhibit "B- 2" of the Engineer's Report. This reflects a total maintenance area of 60.45 acres. The maintenance and servicing of landscaping improvements installed and constructed provide a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 1,251 parcels. The amount assessed upon the lands within District No. 39 for Fiscal Year 2013-14 was $130.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. PREPARED BY: Marcy Hilario, Administrative Coordinator REVIEWED BY: avid G. Liu Director of Public Works/City Engineer Date Prepared: June 9, 2014 Attachments: Resolution No. 2014 -XX Engineer's Report dated June 3, 2014 RESOLUTION NO. 2014 -XX A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2014-15. A. RECITALS. (i) By its Resolution No. 2014-22, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 39 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2014-15. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-2." (ii) Said hearing was duly and properly noticed, commenced in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California on June 17, 2014, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefor. 1 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2014-15 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $130.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2014-15 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2014-15. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 39. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 4 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of , 2014. Carol Herrera, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of , 2014, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar 3 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 2014-15 CITY OF DIAMOND BAR Final: June 3, 2014 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 5225 Canyon Crest Drive, STE 71 PMB 315 Riverside, CA 92507 (951) 781-0811 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-2" - Assessment Diagram Exhibit "13-2" - Improvement Map Page 1. 2 3 4 6 7 I INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2014-15 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District"), This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section 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 special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law, Assessment District No. 39 1 Engineer's Report — FY 2014-15 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Ear as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County .Assessor's office. Assessment District No. 39 Engineer's Report — FY 2014-15 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1, Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-2," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No, 39 3 Engineer's Report — FY 2014-15 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 2014-15 Fiscal Year is as follows: Revenne- Appropriation Fund Balance (from FY 2013-14) Property Tax and Assessments Interest Revenue Transfer In - General Fund TOTAL Appropriations: Personal Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized ky Short/Long Term Disability General Fund Medicare Expense Staffing Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance -Grounds & Bldg. Professional Services Contract Services Contract Services (Excel Landscape Maint.) Tree Maintenance Weed/Pest Abatement (L.A. County Ag) Capital Improvements Miscellaneous Equipment Fund Balance Reserves for Future Capital Improvements TOTAL Assessment District No. 39 4 Engineer's Report — FY 2014-15 2014-15 Recommended Budget $ 0 162,630 0 116,607 $ 279,237 $ 0 0 0 0 0 0 0 5,000 89,000 19,250 4,500 139,332 5,155 17,000 0 0 $ 279,237 Plans and Specifications Plans and specifications showing the general nature, location and extent of any proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 39 Engineer's Report — FY 2014-15 METHOD OF APPORTIONMENT 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 etthance their value. The primary benefits of landscaping are as set forth below: 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. The enhancement of the value of property which results from the foregoing benefits. 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. Assessment District No. 39 Engineer's Report — FY 2014-15 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $162,630 Estimated Number of Parcels: 1,251 Estimated Assessment Per Parcel: $ 130.00 2014-15 Assessment Per Parcel: $ 130.00 2013-14 Assessment Per Parcel: $ 130.00 Difference: $ 0.00 Assessment District No. 39 i Engineer's Report — FY 2014-15 ASSESSMENT ROLL The individual 2014-15 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: k 2014 GFB-FRIEDRICH & ASSOC., INC. y0 C61 Faip. 3-31—� \4>F CiVIL�� Assessment District No. 39 Engineer's Report — FY 2014.15 EXHIBITS Assessment District No. 39 Engineer's Report — FY 2014-15 EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 2014-2015 FOR THE CITY OF DIAMOND BAR SHEET 1 OF 1 SHEET ~ �MYS w�Swm/ffi®rtM6Vlw ��wiK G@!C®C SYS wmcaMw wwl urw raaaff wmw�nE mirsr � was uwi a r� w news v � � c L590C.. IIiG ® �-FItAOHICfl m�v�.uw zap � a mOmai�, p-W�q-• � A � I _ iii♦ �piiiii�� � 9�'G�i �� ��i 1pun1� L►r � s ° e •�r..�� .9ai � Gam.. : =�• 95?� ems" � I . �L� �i � ♦ : �� � Pnnn ►: .u. e � . II/ g..- Ute'\�J ♦i �� �V \��� �.I11� •fir p•D♦♦♦ptl. �' , •, IIIIIIIIIIIIIIIIIII/ v � w al q - . p'� ;► ... =plll! u1n.•nnnn ,� � • � . 51.1 •`• �iC �>::V '`� ♦ •••ice .l • . a% Q 4unn.�: p • ♦ i.. _ ,i,°� a was � ♦ . � -_ os icy ��fi� � ���'';;r,�' • --_ - CITY COUNCIL Agenda: # 7 . 1 (c) Meeting Date: June 17, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2014-2015. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The requested District 41 levy rate of $220.50 per parcel will generate $122,157 in assessment revenue. The assessment rate remains the same as the rate applied at the date of incorporation of the City of Diamond Bar. There are not sufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2014-15, $17,000 of Prop A Safe Parks Funds and $84,380 of General Funds will pay for the operation and maintenance costs in District 41. The assessment revenues shall be deposited in Special Revenue Landscape Fund 141 and shall apply toward the 2014-15 operation and maintenance budget. The District budget totals $223,537. The itemized budget for District 41 is included in the attached Engineer's Report, Financial Analysis, page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 41 are the slopes, and open space areas within the Assessment diagrams as reflected in Exhibit "B-3" of the Engineer's Report. This reflects a total maintenance area of 15.6 acres. The maintenance and servicing of landscaping improvements installed and constructed provide a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 554 parcels. The amount assessed upon the lands within District No. 41 for Fiscal Year 2013-14 was $220.50 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. PREPARED BY: Marcy Hilario, Administrative Coordinator REVIEWED BY: -1 avid G. Liu I J Director of Public W rks/City Engineer Date Prepared: June 9, 2014 Attachments: Resolution No. 2014 -XX Engineer's Report dated June 3, 2014 2 RESOLUTION NO. 2014 -XX A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2014-15. A. RECITALS. (i) By its Resolution No. 2014-23, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 41 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2014-15. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-3." (ii) Said hearing was duly and properly noticed, commenced in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California on June 17, 2014, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION, NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find. determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 1 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2014-15 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $220.50 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2014-15 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2014-15. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 41. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 2 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of 12014. Carol Herrera, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of , 2014, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar 3 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 2014-15 CITY OF DIAMOND BAR Final: June 3, 2014 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 5225 Canyon Crest Drive, STE 71 PMB 315 Riverside, CA 92507 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-3" Assessment Diagram Exhibit "B-3" - Improvement Map Page 1 2 3 4 6 7 8 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2014-15 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar, Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section 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 special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No, 41 1 Engineer's Report — FY 2014-15 BOUNDARIES OF DISTRICT The boundary of the District: is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bat as Exhibit 'A -Y). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 41 Engineers Report — FY 2014-15 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-3, " attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 41 3 Engineer's Report— FY 2014-15 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 2014-15 Fiscal Year is as follows: Revr.nna- Appropriation Fund Balance (from FY 2013-14) Property Tax and Assessments Interest Revenue Transfer In - General Fund Transfer In - Prop A TOTAL Appropriations: Personal Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Farrar] Medicare Expense staffing Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance of Grounds / Buildings Professional Services Contract Services Contract Services (Excel Landscape Maintenance) Tree Maintenance CS-Weed/Pest Abatement Capital Outlays Miscellaneous Equipment Capital Improvements* Fund Balance Reserves Reserve - Future Capital Improvements TOTAL * No Capital Improvements this Fiscal Year. Assessment District No. 41 4 Engineer's Report — FY 2014-15 2014-15 Recommended Budget 0 122,157 0 84,380 17,000 $ 223,537 $ 0 0 0 0 0 0 0 5,000 55,750 17,000 4,500 49,730 47,357 44,200 0 0 0 $ 223,537 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed hnprovernents are on file in the office of the City Clerk and available for public inspection. Assessment District No. 41 Engineers Report — FY 2014-15. METHOD OF APPORTIONMENT 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 of 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. 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. Assessment District No. 41 Engineer's Report — FY 2014-15 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $122,157 Estimated Number of Parcels: 554 Estimated Assessment Per Parcel: $ 220.50 2014-15 Assessment Per Parcel: $ 220.50 2013-14 Assessment Per Parcel: $ 220.50 Difference: $ 0.00 Assessment District No. 41 7 Engineer's Report — FY 2014-15 ASSESSMENT ROLL The individual 2014-15 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: 2014 GFB-FRIEDRICH & ASSOC., INC. I O. C 7 1 A. EDI: ICH Exp.3-31 /0 y s54 CIVIL Assessment District No. 41 Engineer's Report — FY 2014-15 EXHIBITS Assessment District No. 39 Engineers Report— FY 2014-15 EXHIBIT "A-3" SHEET 1 OF 1 SHEET ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0. 41 FISCAL YEAR 2014-2015 FOR THE CITY OF DIAMOND BAR \ I) j i f h o�P 0 0> w .uc m�snc rnaexvnErnffrvevo mx mem: m• ws a nEmimm wv�m. mmwrr m �m lv.as, uue ff 'ul ce nese. xas�e w eu� w m wrm.nw � mz�: � �.m u.sem m.�e m.m spm raav O UPS r� nt u¢mwoms`m ow �� pus vmr �rc miv:r ��-Pruomce x�nawm�� exm. rye m�sxim t 19300.. ¢iC. e� w a�mm rF nE rn rc u�em ex 2014-23 I N EXHIBIT "B-3" ASSESSMENT DISTRICT NO. 41 FISCAL YEAR 2014-2015 FOR THE CITY OF DIAMOND BAR SHEET I OF I SHEET sffi� TF LM7-x CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Maa r TITLE: CONSIDERATION OF DESIGNF SITE D PUBLIC Agenda # s .1 Meeting Date: 6/17114 AGENDA REPORT PARK AND RECOMMENDATION FOR THE NAME TO BE DIAMOND CANYON PARK RECOMMENDATION: Approve. FINANCIAL IMPACT: All costs related to the design and development of this park will be borne by the developer, Lennar Homes of California, Inc. After construction of the park and the successful completion of the 120 day plant establishment period, the City Council can accept the dedication of the park to the City. Maintenance and Operations costs after the turnover of the park to the City will be the responsibility of the City of Diamond Bar and are estimated to be about $45,000 annually ($24,000 for the rain garden, $21,000 for the remainder of the park). BACKGROUND: This item was presented to the City Council for consideration of approval at the May 6, 2014 Council meeting. The City Council approved the portion of the concept plan east of the Brea Canyon Channel and directed staff to conduct a neighborhood meeting to discuss options for the portion of the park west of the channel. The City Council also directed staff to research park names related to the history of Diamond Bar. Staff conducted the neighborhood meeting on Thursday, May 29 at 7:00 P.M. at Heritage Park Community Center. There were about 50 residents in attendance at the 2 -hour meeting and there was much spirited discussion about the parking lot, traffic considerations and park amenities. The meeting resulted in a general consensus to support the concept plan as presented to the City Council at the May 6th meeting. Plus, after reviewing 11 potential names presented by staff, the residents strongly supported Diamond Canyon Park as the name of the park. DESCRIPTION OF CONCEPTUAL PLAN (COPY ATTACHED): The following amenities are included in the park concept plan: a. Parking lot for 11 cars including two accessible spaces, with lockable gate at driveway and lockable gate serving as access to Castle Rock Road. (Details clarified at 5/29/14 neighborhood meeting.) b. Tot Lot for 5-12 year olds, including swing set, with engineered mulch surfacing. c. Two Tot Lots for 2-5 year olds, including one swing set, with engineered mulch surfacing. d. Pedestrian Bridge over Brea Canyon Channel. (Strong enough to support a golf cart sized maintenance vehicle.) e. Rain Garden Interpretive Area, fenced with lockable gates and interpretive signs. f. Two Picnic Areas with shade structures, picnic tables and barbecues. g. Trail Head for future Crooked Creek Trail, including signs. h. Six Exercise Stations along DG pedestrian Path. i. Two Drinking Fountains j. Two Park Identification Signs k. Above -ground drain on the south end of the lot adjacent to Brea Canyon Road shall be covered. I. Twelve Park Benches. m. Centralized Irrigation System n. Two -rail decorative fence along Brea Canyon Road. o. Tubular steel fence between decorative fence adjacent to tot lot and shade structure along Brea Canyon Rd. p. Security lighting along walkways and in parking lot. q. Pedestrian access directly from Castle Rock Road cul de sac to park with lockable gate included. (Details clarified at 5/29/14 neighborhood meeting.). r. Trash receptacles throughout park. s. Tree and shrub buffering between existing residences and pedestrian walkway. t. Landscaping throughout park. Representatives from Lennar Homes will be in attendance at the June 17, 2014 City Council meeting to respond to questions and concerns about the concept plan from Council members and the public. RECOMMENDED PARK NAME: Eleven potential names were discussed at the neighborhood meeting, including four historical names: Arroyo Willow Park, Willow Wood Park, Fredrick E. Lewis II Park and Bartholomae Park. Following is the rationale behind each of eleven suggested names: 1. Arroyo Willow Park —A tree naturally growing along the streams in Diamond Bar that provided the wood used by the Gabrielino Indians, who once resided in the Diamond Bar area, in their daily life. 2. Willow Wood Park — A tree naturally growing along the streams in Diamond Bar that provided the wood used in the daily life of the Gabrielino Indians, who once resided in the Diamond Bar area 3. Fredrick E. Lewis II Park — The person who first named the property the Diamond Bar Ranch and registered the Diamond Bar brand with the State of California (1918 — 1943). 4. Bartholomae Park -- The family name of the last family to raise cattle on the Diamond Bar Ranch (1943 — 1956). 5. Diamond Park — Based on its location in Diamond Bar and adjacent to Diamond Bar Boulevard. 6. Willow Heights Park — Working name of park. This is also the name of the housing development that will be constructed by Lennar Homes of California, Inc. 7. Crooked Creek Park — Crooked Creek is the name of a future trail leading south from the park site to the Schabarum Trail. 8. Brea Canyon Park — Based on its location adjacent to Brea Canyon Road. 9. Gateway Park — Based on its location near the southern entry into the City. 10. Diamond Canyon Park* -- Uses the word "Diamond" from Diamond Bar Blvd and "Canyon" from Brea Canyon Road. 11. Peaceful Garden Park — Based on the perceived personality of the park and the Rain Garden element. * Diamond Canyon Park is the name recommended by strong consensus of the residents attending the neighborhood meeting on 5/29/14. DISCUSSION: There was much spirited discussion at the neighborhood meeting conducted on May 29th. The discussion was primarily about the parking lot, traffic considerations and park amenities. Parking Lot — According to the Americans with Disabilities Act (ADA), accessible parking for the handicapped must be included as an element of this park project. At other city -owned public parks in Diamond Bar, neighborhood parks without parking lots have accessible parking spaces marked on the adjacent residential streets. These parks include Starshine, Washington and Silver Tip. Parking on the streets adjacent to Site D is not recommended; therefore staff believes a parking lot is required. The location of the parking lot was also discussed. The City's traffic engineer reviewed the potential locations for the parking lot along both Brea Canyon Road and Diamond Bar Blvd. He stated that the site along Diamond Bar Blvd. discussed at the May 6th City Council meeting would have its driveway too close to the intersection of Diamond Bar Blvd. and Brea Canyon Road. A driveway for the parking lot at this location could create the potential for rear -end collisions to cars slowing to enter the driveway by cars accelerating after completing their right turn from Brea Canyon Road. The City's traffic engineer also reviewed potential driveway locations along Brea Canyon Road. He recommended that the driveway be placed as far from the intersection with Diamond Bar Blvd. as possible to avoid conflicts with the proposed double right -turn pocket along Brea Canyon Road at Diamond Bar Blvd. The driveway on the Site D concept plan presented at the May 6th Council meeting is as far from the Diamond Bar Blvd. intersection that is possible for this site and also avoids the double right -turn pockets. There was discussion about vehicle access to this driveway location, especially for cars heading south on Brea Canyon Road. The driveway approach will be restricted to right -turn in and right turn out to accommodate line of sight. Cars heading south on Brea Canyon Road would have to make a u -turn on either Copper Canyon or the signal controlled intersection of Silver Bullet.. Residents expressed concern that cars will skip the U-turn and drive a loop on Castle Rock between Silver Bullet and Copper Canyon, and then turn right onto Brea Canyon Road. Staff told residents to note the traffic patterns after the park opens and to work with the City's Public Works Department for potential solutions to traffic related issues. It should be noted that the Public Works Department is already working on installing speed cushions along Castle Rock Road between Silver Bullet and Copper Canyon as part of the Neighborhood Traffic Management Program which will may detour traffic from using this roadway in lieu of the making a U-turn on Brea Canyon Road There seemed to be support from the majority of residents at the meeting that the driveway location on Brea Canyon Road, although not ideal, is the best option available for this park site. After the best driveway location was determined, configuration of the parking lot was discussed. There was discussion about reducing the amount of parking and having the cars park in spaces heading north, toward the park; or as an alternative, heading south toward Castle Rock Road. There was also discussion about eliminating some of the park amenities and placing the parking lot lengthwise with cars parked heading west toward Brea Canyon Road; or as an alternative, heading east toward the flood control channel. The consensus was to keep the parking lot in the location and configuration as depicted in the concept plan presented on May 6th. This plan strikes a balance between the residents' desire to keep the amenities as planned for the west side of the park and keeping the cars of park visitors off the residential streets. Gate Access from Castle Rock Road -- The next discussion was about the access gate from Castle Rock Road into the park. Staff agrees with the residents that it is important to keep park visitors from parking along the narrow Castle Rock Road. The consensus at the meeting is to install a lockable access gate between Castle Rock Road and the park, and have City staff (or maintenance contractor) unlock and lock it each day. At other City facilities that operate like this such as the Skate Park, the City's field attendant locks the gate at night and the maintenance contractor unlocks it in the morning. Other Items Discussed at the Neighborhood Meeting — During the two-hour meeting, there were other items brought up by residents. One was a request for restrooms at the park. City staff does not recommend restrooms for neighborhood parks. Other neighborhood parks without restrooms are Starshine, Washington and Silver Tip. Neighborhood meetings for the development or re -design of those parks indicated that local residents did not want restrooms. The majority of the residents at the May 29th neighborhood meeting do not want restrooms at the Site D park. Also, the conditions for approval do not list restrooms as a required amenity for Lennar Homes to construct at the Site D park. Another issue brought up by the residents was the park itself. Some residents stated that the park should be a private park that is available only to the residents of the new housing development. That way, all future maintenance and operations costs would be borne by those residents, not the City. Also, it was mentioned that the City should take the money that Lennar Homes will spend developing the Site D park and use it to construct a park in a more appropriate location. City staff reported that a usable two acre park is a condition of approval for the development of the new residential homes. The majority of residents at the May 29th neighborhood meeting seem to support the construction of the Site D park as a public park. I REVIEWED BY: Director of Community Services ATTACHMENT: Site D Park Concept Plan Greg Gubman Community Development Director z 00 I Ot I N X08 un a G- fid$ d u Ig�b 1-R moopq 0 y MOO Rol 3�•� m¢ I } p I.m.Rw3�xt_.b _ n Y �qO a. CD U �1 OIL m a irJdq ZZ 5 3: ®O 5 >-Q0 Zo�a 20 —J:3 Q e J_J Z= avz�'w CITY COUNCIL Agenda # 8.2 Meeting Date: June 17. 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g Members. TITLE: ADOPT RESOLUTION NO. 2014 -XX APPROVING THE 2014 CITYWIDE SPEED ZONE SURVEY AS AMENDED BY COUNCIL AND APPROVE FOR FIRST READING BY TITLE ONLY ORDINANCE NO. (XX) -2014 AMENDING SECTION 10.12.310 OF THE DIAMOND BAR MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS FOR SPECIFIED CITY STREETS. RECOMMENDATION: Adopt and Approve. FISCAL IMPACT: Material costs for the purchase of new speed limit signs will be incurred. These funds are available in the current Public Works Maintenance budget. BACKGROUND/DISCUSSION: In order to legally establish and enforce speed limits, the California Vehicle Code (CVC) Sections 22357 and 22358 requires that speed limits be developed on the basis of a traffic and engineering speed zone study. A variety of criteria are considered in this process, including: prevailing vehicle speeds, accident records, traffic volumes, roadway design, pedestrian traffic, and other conditions not readily apparent to motorists. In general the approved methodology requires local authorities to establish speed limits on street and highway segments in five miles per hour increments at or near the speeds that 85th percentile of the drivers travel on a particular street or highway segment. The CVC also requires that the speed zone study be updated at least every seven (7) years (or 10 years if no significant changes in roadway or traffic conditions) if radar is used for speed limit enforcement. On August 3, 2004, the City Council adopted Resolution 2004-47, A Speed Zone Study Justifying Speed Limits On City Streets. An update to the 2004 study was approved at the January 18, 2011 City Council meeting to comply with the CVC 7 -year update requirement. The City Council approved a resolution and ordinance to include speed limit changes on specific roadways and include roadways that had not previously been part of the 2004 study. The 2004 study will reach its 10 year term on August 3, 2014. Staff requested City traffic engineering consultant Warren C. Siecke to evaluate the City's entire roadway network and to complete a new speed zone study. This study was completed on June 9, 2014 and reflects arterial roadway segments and selected local streets in the City as shown in the attached Draft Speed Zone Study. The study recommended existing speed limits to remain unchanged based on the 85th percentile speeds with the exception of the following: Street Limits Existing Speed Limit Proposed Speed Limit Staffs Brea Canyon Road Via Sorella to Pathfinder Road 45 mph 50 mph Increase Brea Canyon Road Fountain Spring Rd. to Copper Canyon Dr. 45 mph 40 mph Decrease Diamond Bar Blvd. Mountain Laurel Way to Grand Ave. 45 mph 40 mph Decrease Diamond Bar Blvd. Golden Springs Dr. to SR 60 Eastbound Ramps 40 mph 35 mph Decrease Diamond Bar Blvd. Highland Valley Rd. to Temple Ave. 50 mph 45 mph Decrease Golden Springs Dr. Lemon Ave. to 900' west of Gona Ct. 40 mph 45 mph Increase Lycoming Street Lemon Ave. to Brea Canyon Rd. 35 mph 25 mph Decrease Pathfinder Rd. Brea Canyon Rd. South/Fernhollow Dr. to Diamond Bar Blvd. 45 mph 40 mph Decrease Valley Vista Dr. Copley Dr. to Bridgegate Dr. 35 mph 40 mph Increase Via Sorella Brea Canyon Rd. to Northerly Terminus Unposted 35 mph N/A Based on the existing roadway characteristics, input from the Sheriffs Department and local knowledge of driver behavior, staff recommends maintaining the existing speed limits on the following roadway segments: The City's traffic engineering consultant is required by the CVC & Manual on Uniform Traffic Control Devices (MUTCD) to establish speed limits primarily on the basis of the 85th percentile speeds. Where accident rates are higher than expected rates, justification can be made to lower speed limits below the 85th percentile speeds. Both the Brea Canyon Road and Valley Vista Drive streets have zero accident history recorded per the 2014 study. Should Council decide to approve staff's recommendation, the sheriff's Department will still be permitted to enforce posted speed limits on these two roadway segments. 2 Existing Traffic Engineer's Staffs Street Limits Speed Recommended Recommended Limit Speed Limit Speed Limit Brea Canyon Road Via Sorella to Pathfinder Road 45 mph 50 mph 45 mph Valley Vista Drive Copley Dr. to Bridgegate Dr. 35 mph 40 mph 35 mph The City's traffic engineering consultant is required by the CVC & Manual on Uniform Traffic Control Devices (MUTCD) to establish speed limits primarily on the basis of the 85th percentile speeds. Where accident rates are higher than expected rates, justification can be made to lower speed limits below the 85th percentile speeds. Both the Brea Canyon Road and Valley Vista Drive streets have zero accident history recorded per the 2014 study. Should Council decide to approve staff's recommendation, the sheriff's Department will still be permitted to enforce posted speed limits on these two roadway segments. 2 CONCLUSION: Staff recommends the Council adopt the study presented by the City's traffic engineering consultant with proposed speed limit changes for all segments except Brea Canyon Road between Pathfinder Road to Via Sorella and Valley Vista Drive between Copley Drive to Bridgegate Drive as recommended by staff. Adopt Resolution No. 2014 -XX approving The 2014 Citywide Speed Zone Survey as amended by the City Council and approve for first reading by title only Ordinance No. (XX) -2014 amending Section 10.12.310 of the Diamond Bar Municipal Code regarding prima facie Speed Limits for specified City streets. Second reading of Ordinance will take place on July 1, 2014 and changed speed limits will go into effect 30 days after.' PREPARED BY: Christian Malpica-Perez, Associate Engineer REVIEWED,BY: Kimberly M. Y(u g, "Nor CMI Engineer Attachments: Draft Speed Zone Study Resolution No. 2014 -XX Ordinance No. (XX) -2014 3 Date Prepared: June 12, 2014 RESOLUTION 2014 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING THE CITYWIDE SPEED ZONE SURVEY AS AMENDED BY THE CITY COUNCIL Recitals (i) California Vehicles Code Section 40803 (b) provides, in pertinent part, as follows: "In any prosecution under this Code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects the prosecution shall establish, as part of its prima-facie case, that the evidence or testimony presented is not based upon a speed trap as defined in subdivision (b) of Section 40802." (ii) The City of Diamond Bar desires to continue to use radar and other electronic devices to measure the speed of moving objects in order to protect the lives and property of motorists• utilizing City streets and to improve the enforcement of speed limits within the City of Diamond Bar. (iii) The City's Traffic Engineering Consultant has conducted a current speed zone study establishing and justifying prima-facie speed limits on certain City streets within the City of Diamond Bar. (iv) The current Speed Zone Study prepared by the City's Traffic Engineering Consultant, dated June 9, 2014 is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (v) The City Council desires to reject the proposed speed limit changes to the following two roadways segments and maintain the existing speed limits as indicated. 1. Brea Canyon Road between Via Sorella to Pathfinder Road at 45 mph 2. Valley Vista Drive between Copley Drive to Bridgegate Drive at 35 mph Resolution NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: I . That the foregoing recitals are in all respects true; and 2. The Speed Zone Study submitted by the City's Traffic Engineering Consultant dated June 9, 2014, and attached hereto as Exhibit "A", is hereby adopted and approved, except as amended herein by the City Council, as the official Speed Zone Study for the City of Diamond Bar concerning certain City streets more specifically described therein. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of June, 2014. Carol Herrera, Mayor ATTEST: Tommye Cribbins, City Cierk I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 17th day of June, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar ORDINANCE NO. (XX) -2014 AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING SECTION 10.12.310 OF TITLE 10, CHAPTER 10.12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS ON SPECIFIED CITY STREETS The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Section 10. 12.310 "Prima facie speed limits on specified city streets" of Title 10, Chapter 10.20 of the Diamond Bar Municipal Code is, except for its title, repealed in its entirety and replaced with the following (a) The prima facie speed which is most appropriate to facilitate the orderly movement of traffic and is a speed limit which is reasonable and safe on such portion of each such street is set forth in this subsection for each street: STREET LIMITS SPEED LIMIT Avenida Rancheros Golden Springs Dr. to Northeast City Limit 45 Brea Canyon Rd North City Limit to Golden Springs Dr. 40 Brea Canyon Rd. Golden Springs Dr. to Via Sorella 45 Brea Canyon Rd. Via Sorella to Pathfinder Rd. 45 Brea Canyon Rd. Pathfinder Rd. to Fountain Springs Rd. 40 Brea Canyon Rd. Fountain Springs Rd. to Copper Canyon Dr. 40 Brea Canyon Rd. Copper Canyon Dr. to South City Limit 50 Brea Canyon Cut -Off West City Limit to SR 57 Freeway 40 Bride ate Dr. Copley Dr. to Valley Vista Dr. 35 Chino Ave. Chino Hills Pkwy to East City Limit 50 Chino Hills Pkwy. North City Limit to South City Limit 50 Copley Dr. Golden Springs Dr. to Bride ate Dr. 35 Diamond Bar BI. SR 57 Freeway to Mountain Laurel Way 45 Diamond Bar BI. Mountain Laurel Way to Grand Av. 40 Diamond Bar BI. Grand Av. to Goldrush Dr. 45 Diamond Bar BI. Goldrush Dr. to Golden Springs Dr. 40 Diamond Bar BI. Golden Springs Dr. to SR 60 Eastbound Ramps 35 Diamond Bar BI. Rd 60 Eastbound Ramps to Highland Valley 40 Diamond Bar BI. Highland Valley Rd. to Temple Ave. 45 Gateway Center Dr. Bride ate Dr. to Golden Springs Dr. 35 Golden Springs Dr. West City Limit to Lemon Av. 45 Golden Springs Dr. Lemon Av. to 900' west of Gona Ct.. 45 Golden Springs Dr. 900'west of Gona Ct. to 1300' east of Adel 40 Golden Springs Dr. 1300' east of Adel Av. to Sabana Drive 45 Golden Springs Dr. Sabana Drive to Platina Dr. 40 Golden Springs Dr. Platina Dr. to Avenida Rancheros/Temple Av. 45 Grand Ave. North City Limit to East City Limit 45 Lemon Ave. North City Limit. to Golden Springs Dr. 40 Lycoming St. Lemon Av. to Brea Canyon Rd. 25 Montefino Av. Grand Av. to Diamond Bar BI. 25 Pathfinder Rd. West City Limit to Brea Canyon Rd. North 45 Pathfinder Rd. Brea Canyon Rd. North to Brea Canyon Rd. South/Fernhollow Dr. 40 Pathfinder Rd. Brea Canyon Rd. South/Fenrhollow Dr. to Diamond Bar BI. 40 Sunset Crossing Rd. West City Limit to Diamond Bar BI. 35 Temple Av. Diamond Bar BI. to Golden Springs Dr. 45 Valley Vista Dr. Copley Dr. to Bride ate Dr. 35 Via Sorella Brea Canyon Rd. to Northerly Terminus 35 Walnut Dr. West City Limit to Lemon Av. 40 Washington St. Brea Canyon Rd. to Northeast City Limit 35 The prima facie speed which is most appropriate to facilitate the orderly movement of traffic and is a speed limit which is reasonable and safe on all streets other than the streets listed above is 25 mph. (b) The city engineer is hereby authorized and directed to install appropriate signs upon such portion of each street specified herein giving notice of the primate facie speed limit for each such street declared in this section. (c) No person shall operate any vehicle in violation of this section. Section 2: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. Section 3: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Diamond Bar's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Section 4: This Ordinance shall take effect thirty (30) days after the date of its passage. PASSED, APPROVED AND ADOPTED this_ day of , 2014. Carol Herrera, Mayor I, Tommye Cribbins, the City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar, California, held on the 17th day of June , 2014, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the day of , 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar EXHIBIT "A" CITY OF DIAMOND BAR SPEED ZONE STUDY (ENGINEERING AND TRAFFIC SURVEY) JUNE 97 2014 Adopted by Diamond Bar City Council Resolution No. 2014 Date: (ENGINEERING AND TRAFFIC SURVEY) JUNE 912014 Adopted by the Diamond Bar City Council Resolution No. 2014 - Date: I, Warren C. Siecke, am a Registered Traffic Engineer, Number 823, in the State of California. I certify that this Engineering and Traffic Engineering Survey, prepared for the City of Diamond Bar, has been conducted in compliance with the California Vehicle Code and the guidelines published by the California Department of Transportation. Data presented in the report represents a true and accurate description of traffic conditions existing on Diamond Bar city streets. Warren C. Siecke, P.E Registered Traffic Engineer 823 TABLE OF CONTENTS ITEM PAGE EXECUTIVE SUMMARY i EXISTING AND PROPOSED SPEED LIMITS II DEFINITIONS lu INTRODUCTION 1 CERTIFICATION 1 APPLICABLE VEHICLE CODE SECTIONS 2 STUDY METHOD 12 TRAFFIC DATA SUMMARY 13 ANALYSIS AND RECOMMENDATIONS 20 REFERENCES 26 APPENDIX A - CITY COUNCIL RESOLUTION A-1 APPENDIX B - ENGINEERING AND TRAFFIC SURVEY FORMS B-1 TABLES 1. AVERAGE MIDBLOCK ACCIDENT RATES 12 2. TRAFFIC DATA SUMMARY 13 California Vehicle Code (CVC) Sections 22357 and 22358 give cities the authority to determine speed limits on streets within their jurisdiction on the basis of an engineering and traffic survey. CVC Section 627 defines the engineering and traffic survey as a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. The survey requires consideration of prevailing speeds as determined by traffic engineering measurements, accident records highway, traffic, and roadside conditions not readily apparent to the driver, residential density and pedestrian and bicyclist safety. In general, the approved methodology requires local authorities to establish speed limits on street and highway segments in five miles per hour increments at or near the speeds that eighty-five percent of the drivers travel on a particular street or highway segment. The methodology is based on the theory that approximately eighty-five percent of drivers travel at speeds that are reasonable and prudent for prevailing street and traffic conditions. CVC Section 40801 prohibits peace officers from using speed traps to enforce speed limits. Section 40802 defines speed traps as either: (A) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined Jn order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (B) A particular section of a highway with a prima facie speed limit that has not been established on the basis of a traffic and engineering survey within seven years or within ten years if a registered engineer evaluates the section of highway and determines that no significant changes in roadway or traffic conditions have occurred including but not limited to changes in adjoining property or land use, roadway width or traffic volume. CERTIFICATION This study was conducted in accordance with the appropriate sections of the California Vehicle Code and the California Manual on Uniform Traffic Control Devices (MUTCD). The existing and proposed speed limits are summarized in the following table. EXISTING AND PROPOSED SPEED LIMITS STREET LIMITS EXISTING SPEED LIMIT PROPOSED SPEED LIMIT Avenida Rancheros Golden Springs Dr. to Northeast Cilly Limit 45 45 NC Brea Canyon Rd North City Limit to Golden Springs Dr. 40 40 NC Brea Canyon Rd. Golden Springs Dr. to Via Sorella 45 45 NC Brea Canyon Rd. Via Sorella to Pathfinder Rd. 45 501 Brea Canyon Rd. Pathfinder Rd. to Fountain Springs Rd. 40 40 NC Brea Canyon Rd. Fountain Springs Rd. to Copper Canyon Dr. 45 40 D Brea Canyon Rd. Copper Canyon Dr. to South City Limit 50 50 NC Brea Canyon Cut -Off West City Limit to SR 57 Freeway 40 40 NC Bride ate Dr. Copley Dr. to Valley Vista Dr. 35 35 NC Chino Ave. Chino Hills PLwy to East City Limit 50 50 NC Chino Hills Pkwy. North City Limit to South City Limit 50 50 NC Copley Dr. Golden Springs Dr. to Bride ate Dr. 35 35 NC Diamond Bar BI. SR 57 Freeway to Mountain Laurel Way 45 45 NC Diamond Bar BI. Mountain Laurel Way to Grand Av. 45 40 D Diamond Bar BI. Grand Av. to Goldrush Dr. 45 45 NC Diamond Bar BI. Goldrush Dr. to Golden Springs Dr. 40 40 NC Diamond Bar BI. Golden Springs Dr. to SR 60 Eastbound Ramps 40 35 D Diamond Bar BI. SR 60 Eastbound Ramps to Highland Valley Rd. 40 40 NC Diamond Bar BI. Highland Valley Rd. to -Temple Ave. 50 45 D Gateway Center Dr. Bride ate Dr. to Golden Springs Dr. 35 35 NC Golden Springs Dr. West City Limit to Lemon Av. 45 45 NC Golden Springs Dr. Lemon Av. to 900' west of Gona Ct.. 40 45 1 Golden Springs Dr. 900' west of Gona Ct. to 1300' east of Adel Av. 40 40 NC Golden Springs Dr. 1300' east of Adel Av. to Sabana Drive 45 45 NC Golden Springs Dr. Sabana Drive to Platina Dr. 40 40 NC Golden Springs Dr. Platina Dr. to Avenida Rancheros/Temple Av. 45 45 NC Grand Ave. North City Limit to East City Limit 45 45 NC Lemon Ave. North City Limit. to Golden Springs Dr. 40 ` 40 NC Lycoming St. Lemon Av. to Brea Canyon Rd. 35 25 D Montefino Av. Grand Av. to Diamond Bar BI. 25 25 NC Pathfinder Rd. West City Limit to Brea Canyon Rd. North 45 45 NC Pathfinder Rd. Brea Canyon Rd. North to Brea Canyon Rd. South/Fernhollow Dr. 40 40 NC Pathfinder Rd. Brea Canyon Rd. South/Fenrhollow Dr. to Diamond Bar BI. 45 40 D ABBREVIATIONS: NC = No Change, I = Increase, D = Decrease, NP = Not Posted EXISTING AND PROPOSED SPEED LIMITS (Continued) STREET LIMITS EXISTING SPEED LIMIT PROPOSED SPEED LIMIT Sunset Crossing Rd. West City Limit to Diamond Bar BI. 35 35 NC Temple Av. Diamond Bar Bl. to Golden Springs Dr. 45 45 NC Valley Vista Dr. Copley Dr. to Bride ate Dr. 35 401 Via Sorella Brea Canyon Rd. to Northerly Terminus Unposted 35 D Walnut Dr. West City Limit to Lemon Av. 40 40 NC Washington St. Brea Canyon Rd. to Northeast Cit Limit 1 35 1 35 NC ABBREVIATIONS: NC = No Change, I = Increase, D = Decrease, NP = Not Posted DEFINITIONS Average Daily Traffic (ADT): Volume of traffic expressed in thousands during a 24-hour period. Critical Speed, Eighty-fifth (85th) Percentile Speed: The speed which 85 percent of the observed vehicles are not exceeding. E.C.L.: East City Limit. Intermediate Speed Limits: Speed limits set at 5 -MPH increments between 25 MPH and 65 MPH, MPH: Miles Per Hour MVM: Million Vehicle Miles. Accident rates are generally expressed as the number of accidents occurring per million vehicle miles, traveled during a given time period. N.C.L.: North City Limit Pace: The 10 -MPH range of observed vehicle speeds containing the largest number of vehicles. Prima Facie Limits: 'Blanket" speed limits considered reasonable and prudent for certain general conditions unless refuted and proven inadequate for a particular condition. S.C.L.: South City Limit W.C.L.: West City Limit. r s m � h h ya' FCity of Diamond Bar @� Highland yd' TP Valley 0\ 4� %/s Roods 45 a,�`e Avan;da 45 PROP®SED SPEED LIMNS Rancheros 2014 45 X \ m7Q 40 0 \ p Gj ,\ Sunset O sing 35 a c `"o'. Cros Freeway r\• Road P X , �\ 45 SCALE: NONE a� –Plating 35 40 Drive 4e c Sgt . o0 \nduSY---_'� hxC? 40 Sebana 40 40 0l` 35 �c;i Drive.— p�= Gold Rush 40 40 Wash; ngton 45 Drriv Walnut m - Street 45 &p b Dr. ` ,'> 25 a`o 46 LYcamin9 40 4rge"toY Street J pomoou_ Dr• 45 a 45 qL 0 40 Sar. lq5 40 45 a o a s 35—Cop I eY e�Ve Sumn; tr i dge 45 Cb 35 Drive _ .25 Drive !& 45 Montef ino 45 / Gateway Avenue—' 40 Center Drive 50 Soreala 35 1 35Gatee 40 Dr 6 _ /•� \ 50 Brea Canyon Cutoff' m Val lay Visto Drive ML 40 H9 a 8 40 3 a ¢ m 40 Qo� Canyon Drive 45 (( nr'- ro�frg�epo7\ I ?City of P a Fountain Springs Rood 50 \ m •.L Av anise ` J f so 0 \` 50 / iV It is a common belief that posting of speed limit traffic signs will influence drivers to drive at that speed. The facts indicate otherwise. Driver behavior research conducted in many parts of this country, over a span of several decades, shows that the average driver is influenced by the appearance of the highway itself and the prevailing traffic conditions, in choosing the speed at which he or she drives. Recognizing this, the California Vehicle Code requires that speed limits be established in accordance with appropriate engineering practice and methods. California Vehicle Code (CVC) Sections 22357 and 22358 give cities the authority to determine speed limits on streets within their jurisdiction on the basis of an engineering and traffic survey. CVC Section 627 defines the engineering and traffic survey as a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. The survey requires consideration of prevailing speeds as determined by traffic engineering measurements, accident records highway, traffic, and roadside conditions not readily apparent to the driver, residential density and pedestrian and bicyclist safety. CVC Section 40801 prohibits peace officers from using speed traps to enforce speed limits. Section 40802 defines speed traps as either: (A) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (B) A particular section of a highway with a prima facie speed limit that has not been established on the basis of a traffic and engineering survey within seven years or within ten years if a registered engineer evaluates the section of highway and determines that no significant changes in roadway or traffic conditions have occurred including but not limited to changes in adjoining property or land use, roadway width or traffic volume. CERTIFICATION This study was conducted in accordance with the appropriate sections of the California Vehicle Code and the California Manual on Uniform Traffic Control Devices (MUTCD). REGULATIONS GOVERNING SPEED LIMITS Under California law, the maximum speed limit for any passenger vehicle is 65 miles per hour (mph). All other speed limits are called prima facie limits, which "on the face of it", are safe and prudent under normal conditions. Certain prima facie limits are established by law and include the 25 miles per hour limit in business and residential districts; the 15 miles per hour limit in alleys, at blind intersections and blind railroad 1 grade crossings; and a part-time 25 miles per hour in school zones when children are going to and from school. Intermediate speed limits between 25 and 65 miles per hour may be established by local authorities on the basis of traffic engineering surveys. Such surveys include the analysis of roadway conditions, accident records, and the prevailing speed of prudent drivers using the highway under study. If speed limits are established below what the majority of drivers consider reasonable, they are often not obeyed and consequently, are difficult to enforce. Those drivers who do not comply with posted reasonable speed limits are, conversely, subject to equitable enforcement action. The Vehicle Code provides that the use of radar to enforce speed limits which have not been based on a traffic and engineering study within the preceding five years constitutes a "speed trap". Since speed traps are also prohibited by the code, lack of the required study effectively prohibits local agencies from using radar enforcement. APPLICABLE VEHICLE CODE SECTIONS Business District -Section 235 A "business district' is that portion of a highway and the property contiguous thereto (a) upon one side of which highway, for a distance of 600 feet, 50 percent or more of the contiguous property fronting thereon is occupied by buildings in use for business, or (b) upon both sides of which highway, collectively, for a distance of 300 feet, 50 percent or more of the contiguous property fronting thereon is so occupied. A business district may be longer than the distances specified in this section if the above ratio of buildings in use for business to the length of the highway exists. Business and Residence District: Determination - Section 240 In determining whether a highway is within a business or residence district, the following limitations shall apply and shall qualify the definitions in Sections 235 and 515: (a) No building shall be regarded unless its entrance faces the highway and the front of the building is within 75 feet of the roadway. (b) Where a highway is physically divided into two or more roadways only those buildings facing each roadway separately shall be regarded for the purpose of determining whether the roadway is within a district. (c) All churches, apartments, hotels, multiple dwelling houses, clubs, and public buildings, other than schools, shall be deemed to be business structures. (d) A highway or portion of a highway shall not be deemed to be within a district regardless of the number of buildings upon the contiguous property if there is no right of access to the highway by vehicles from the contiguous property. 2 Residence District - Section 515 A "residence district" is that portion of a highway and the property contiguous thereto, other than a business district where, (a) upon one side of which highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures, or (b) upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. A residence district may be longer than one quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the highway exists. Engineering and Traffic Survey - Section 627 (a) "Engineering and traffic survey," as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. (b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following: (1) Prevailing speeds as determined by traffic engineering measurements (2) Accident records. (3) Highway. traffic, and roadside conditions not readily apparent to the driver (c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following: (1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district: (A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures. (B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. (C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B). (2) Pedestrian and bicyclist safety 3 Uniform Standards — 21400 (a) (1) The Department of Transportation shall, after consultation with local agencies and public hearings, adopt rules and regulations prescribing uniform standards and specifications for all official traffic control devices placed pursuant to this code, including, but not limited to, stop signs, yield right-of-way signs, speed restriction signs, railroad warning approach signs, street name signs, lines and markings on the roadway, and stock crossing signs placed pursuant to Section 21364. (2) The Department of Transportation shall, after notice and public hearing, determine and publicize the specifications for uniform types of warning signs, lights, and devices to be placed highway by a person engaged in performing work that interferes with or endangers the safe movement of traffic upon that highway. (3) Only those signs, lights, and devices as are provided for in this section shall be placed upon a highway to warn traffic of work that is being performed on the highway. Control devices or markings installed upon traffic barriers on or after January 1, 1984, shall conform to the uniform standards and specifications required by this section. (b) The Department of Transportation shall revise the California Manual on Uniform Traffic Control Devices, as it read on January 1, 2012, to require the Department of Transportation or a local authority to round speed limits to the nearest five miles per hour of the 85th percentile of the free-flowing traffic. However, in cases in which the speed limit needs to be rounded up to the nearest five miles per hour increment of the 85`h percentile speed, the Department of Transportation or a local authority may decide to instead round down the speed limit to the lower five miles per hour increment, but then the Department of Transportation or a local authority shall not reduce the speed limit any further for any reason. Maximum Speed Limit -Section 22349 (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour. (b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply: (1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction. n (2) Passing lanes may not be considered when determining the number of through lanes. (c) It is the intent of the Legislature that there be reasonable signing on affected two- lane, undivided highways described in subdivision (b) in continuing the 55 miles -per - hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations. Basic Speed Law - Section 22350 No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property. Speed Law Violations - Section 22351 (a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law. (b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing. Prima Facie Speed Limits - Section 22352 (a) The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof: (1) Fifteen miles per hour (A) When traversing a railway grade crossing, if during the last 100 feet of the approach to the crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along the railway. This subdivision does not apply in the case of any railway grade crossing where a human flagman is on duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car. (B) When traversing any intersection of highways if during the last 100 feet of the driver's approach to the intersection the driver does not have a clear and unobstructed view of the intersection and of any traffic upon all of the highways entering the intersection for a distance of 100 feet along all those highways, except at an intersection 5 protected by stop signs or yield right-of-way signs or controlled by official traffic control signals. (C) On any alley. (2) Twenty-five miles per hour: (A) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code. (B) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. For purposes of this subparagraph, standard "SCHOOL" warning signs may be placed at any distance up to 500 feet away from school grounds. (C) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard 'SENIOR" warning sign. A local authority is not required to erect any sign pursuant to this paragraph until donations from private sources covering those costs are received and the local agency makes a determination that the proposed signing should be implemented. A local authority may, however, utilize any other funds available to it to pay for the erection of those signs. (b) This section shall become operative on March 1, 2001. Increase of Local Limits - Section 22357 (a) Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except upon the basis of an engineering and traffic survey. This section does not apply to any 25 -mile -per -hour prima facie limit which is applicable when passing a school building or the grounds thereof or when passing a senior center or other facility primarily used by senior citizens. P Decrease Near Children's Playgrounds — Section 22357.1 Notwithstanding Section 22357, a local authority may, by ordinance or resolution, seta prima facie speed limit of 25 miles per hour on any street, other than a state highway, adjacent to any children's playground in a public park but only during particular hours or days when children are expected to use the facilities. The 25 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted. Decrease of Local Limits - Section 22358 (a) Whenever a local authority determines upon the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, or 25 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street. Decrease on Narrow Street — Section 22358.3 Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour in a business or residence district or in a public park on any street having a roadway not exceeding 25 feet in width, other than a state highway, is more than is reasonable or safe, the local authority may, by ordinance or resolution determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is found most appropriate and is reasonable and safe. The declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street. Decrease of Local Limits Near Schools or Senior Centers — Section 22358.4 (a) (1) Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey. (2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows: 7 (A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. (B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of 500 to 1,000 feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. (2) The prima facie limits established under paragraph (1) apply only to highways that meet ail of the following conditions: (A) A maximum of two traffic lanes. (B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone. (3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel. (4) When determining the need to. lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration. (5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to 500 feet away from school grounds. 0 (C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and 1,000 feet away from the school grounds. (D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision. Downward Speed Zoning - Section 22358.5 It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of Section 22350 is sufficient regulation as to such conditions. Boundary Line Streets - Section 22359 With respect to boundary line streets and highways where portions thereof are within different jurisdictions, no ordinance adopted under Sections 22357 and 22358 shall be effective as to any such portion until all authorities having jurisdiction of the portions of the street concerned have approved the same. This section shall not apply in the case of boundary line streets consisting. of two separate roadways within different jurisdictions. Multiple -Lane Highways - Section 22361 On multiple -lane highways with two or more separate roadways different prima facie speed limits may be established for different roadways under any of the procedures specified in Sections 22354 to 22359, inclusive. Speed Trap Prohibition - Section 40801 No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code. Speed Trap Section 40802 (a) A "speed trap" is either of the following: (1)A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance, (2) A particular section of a highway with a prima facie speed limit provided by this code or by local ordinance pursuant to paragraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed 11 limit involves the use of radar or any other electronic device that measures the speed of moving objects. This paragraph does not apply to a local street, road, or school zone. (b) (1) For purposes of this section, local streets and roads shall be defined by the latest functional usage and federal -aid system maps as submitted to the federal Highway Administration, except that when these maps have not been submitted, or when the street or road is not shown on the maps, a 'local street or road" means a street or road primarily provides access to abutting residential property and meets the following three conditions: (A) Roadway width of not more than 40 feet. (B) Not more than one-half mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445. (C) Not more than one traffic lane in each direction. (2) For purposes of this section "school zone" means that area of road contiguous to a school building or the grounds thereof, and on which is posted a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. (c) (1) When all of the following criteria are met, paragraph (2) of this subdivision shall be applicable and subdivision (a) shall not be applicable: (A) When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace Officer Standards and Training. (B) When laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph (A) and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training. (C) (i) The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic survey has been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the notice to appear, the arresting officer established that the radar, laser, or other electronic device conformed to the requirements of subparagraph (D). (ii) The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alleged violation unless the citation was for a violation of Section 22349, 22356, or 22406. (D) The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to 10 the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility. (2) A "speed trap" is either of the following: (A) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (B) (i) A particular section of a highway or state highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within one of the following time periods, prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects: (1) Except as specified in subclause (II), seven years. (II) If an engineering and traffic survey was conducted more than seven years prior to the date of the alleged violation, and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, 10 years. (ii) This subparagraph does not apply to a local street, road, or school zone. Speed Trap Evidence - Section 40803 (a) No evidence as to the speed of a vehicle upon a highway shall be admitted in any court upon the trial of any person in any prosecution under this code upon a charge involving the speed of a vehicle when the evidence is based upon or obtained from or by the maintenance or use of a speedtrap. (b) In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speedtrap as defined in paragraph (2) of subdivision (a) of Section 40802. (c) When a traffic and engineering survey is required pursuant to paragraph (2) of subdivision (a) of Section 40802, evidence that a traffic and engineering survey has been conducted within five years of the date of the alleged violation or evidence that the offense was committed on a local street or road as defined in paragraph (2) of subdivision (a) of Section 40802 shall constitute a prima facie case that the evidence or testimony is not based upon a speedtrap as defined in paragraph (2) of subdivision (a) of Section 40802. 11 STUDY METHOD Speed zones are established to inform drivers of the safe speed limit and to protect the general public from unreasonable and reckless drivers. Research has shown that most drivers travel at speeds that are safe and reasonable, therefore, speed limits are established primarily on the consensus of the majority of those who use the roads. Speed limits are not based on the actions of a few. The California Vehicle Code requires the limits to be established on the basis of an engineering and traffic survey rather than by arbitrary methods. This study was conducted in accordance with the appropriate sections of the California Vehicle Code and the California Manual on Uniform Traffic Control Devices (MUTCD). Surveys were conducted on arterial streets and selected local streets. Each of the selected streets was analyzed individually. The accident analysis was based on a review of traffic accident records from the Los Angeles County Sheriff Department records for the years 2012 and 2013. Only non - intersection accidents are included since intersection accidents are considered to be correctable using conventional intersection traffic controls such as stop signs or traffic signals. Accident rates were computed using a formula which takes into account the number of accidents in the two-year period, the length of roadway being studied, and the average daily traffic volume. The rate is expressed in accidents per million vehicle miles (Acc/MVM). The formula is: Acc/MVM = Number of Accidents x 1.000 000 Distance x ADT x No. of Days In order to evaluate the accident rates for each street segment, the average rate for all surveyed street segments was calculated. Average rates were calculated for two-lane and four -or -more -lane arterial streets, two-lane collector and two-lane local streets-. The accident rates for each segment were compared to the citywide average rates for streets with similar characteristics. The average rates are shown in Table 1. TABLE 1 AVERAGE MIDBLOCK ACCIDENT RATES STREET TYPE AVERAGE ACCIDENT RATE 4 — Lane or more arterial 0.59 accidents per million vehicle miles 2 —Lane arterial 0.68 accidents per million vehicle miles Collector 1.97 accidents per million vehicle miles Local 1.17 accidents per million vehicle miles The study data is summarized in Table 2 on the following pages. 12 cQ cG C D U) U LL LL I— N w J co 13 Y Q W O w N O LO o o (D o 0 0 0 0 0 J K CL w U CL z U c_~n v 0 a v v c v v v u� W Q F O W W n 7 co 7 O) O p O O cr Q O O O z W w LD m Lq (OO uO LO (D LO (O w LO (OO) U 0 0 0 0 0 0 0 0 0 0 Q Q 0 07 00 (D O (D O O Q O N `0 ( co o Z (D 7 m 00 co 00 11 W 7 7 1� N (O (D (O O 7 m 7� 7� 7 m 7 m W N a LU M N qY u') ((: 11YIT N ITYIT 0) to ITYIT W "'Y (D IT IT4IT N (O VIf 7 Y (O tO Y If a N 7 m M (1) (D (D Mm m N Cl)(h O (D 7(h N O 70'3 u7 I.- mm N N m Cl) Cl) (D MM (O 07M (D (D ❑ o w mow.. vv vv vv vv n0O vv vv ac vv v U) mm mm mm mm mm mm mm mm mm mm O W. z U) z U) z CO z U) z U) z U) z U) z CO z U) H^ V) 7 0 0 0 7 0 00 0 7 o CO O M p m p N O O O ca U) 0 R � (D L a o U)o a Q o 'E U R .m U Cl) c`m F- z o c > a`) o o E Q o 00` _J� O❑ O �-' 'D 9 LL 7 O 01 C R O R RI— a Oto O—O O Oo Omw m 0 oUcO �OO � Q C J c co c 'C c" C .� C Q c m c Of C R F Rte_ o� T._ o� TC 0D- TU) o� T o Tal a' 000= oc o.c Om TV ❑ U) RcEcU a) J R c._ R E cc R y c R O c�NC—NCO_ R ,Tc--( (a R U) CGL R U) CcC O -o L U.0 U o U'o L) UL.0 .� U c U U— R O U E O _ � U` U R O m Z R j� m J❑ R O mU R .(0 m� R m (L U) R p mLL U) R O mU 0 o R O_ 2 U m c R 0❑ U a m m m m m m m m m 13 cQ G CO Q f-' U LL U - CN W J m 14 it Z N Z O_� cu Qp W 11 ar h m m Q p Y Q W K w 0 0 0 o to O O o to o to 7 V M LO u) to M V 7 J d p W W 0 a z n LO LO (`LO') ton LO l00 co V X W LU F. a < N M O 00 O O t0 M N O O O M M C\1 N V' � L) O O O O o O O z w W C)tcOo t°n) L r L Lq U LO coo Lq U LU 0 0 0 �- 0 0 0 0 0 0 Q Dm O o rn Q O O6 N M to pp O Oi N o Z - co U� u) M h� 7 00 NO 7 00 a) (D M I- 00 N V O M r to 1l V N r OM V 1- ISN V tb co 00 V N W Q a. 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(n m N L C O o N O c L L F-• "O Du t0 m L C _L O) E - O m O c ° N a ° O N O d ❑ 9 m oo ° $ z N m 0 L Z— L U)w> .2 g ❑ o H Cp •�`= 'off o V 2' O ° vK~ B CO ° m4- "� m > N 'o W > o o f p n Z o c u) p c o a c ¢ �� m=o�°v o °3 Wim H� c oco L� 0 o tp OQ m- m� ma >aC) cc cc C 'O V U � N o mm B U a mm� v U O N .B N c 0 U ¢ C a N m m C do c0 11 W J m 19 Y Q W w Ofw W aO V M J � � a w U 0- U) U N 0 M W F j N r N O) U N Q �- W W W w L9 U o Q Cl) Q o mo w W U Q pt v m h d �LO a� m00 m Cl) N N 0 a wLU M t� _ M a0Od V V V W d m m m m W G W ^ O O Q N C ~ E z a) J J O O m w 2 O E y0 w w J Z F � o c w 65 —mom J 7 ) aS C aY N N ?.i tom U 19 The guidelines in the California Manual on Uniform Traffic Control Devices (MUTCD) state that the speed limit should normally be set at the first five -mile increment nearest the 85th percentile speed. The 85th percentile speed is generally accepted as the safe and reasonable speed that conforms to the actual behavior of the majority of motorists. In those instances where the speed limit needs to be rounded down to the nearest five miles per hour increment from the 85th percentile speed, a five -mile per reduction in the speed limit is allowed to reflect safety considerations for pedestrians and bicyclists and conditions that may not be readily apparent to the driver and is based on engineering judgment. Per California Vehicle Code Section 21400(b), in those instances where the speed limit needs to be rounded up to the nearest five miles per hour increment from the 85th percentile speed, local authorities may decide instead to round down the speed limit to the lower five miles per hour increment, but the authority shall not reduce the speed limit any further for any reason. Per California Vehicle Code Section 22358.5, it is the intent of the legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning. The basic speed law which requires drivers to operate their vehicles at a speed that is safe for conditions is sufficient regulation as to such conditions. Each of the segments was reviewed to determine if conditions justified setting the speed limit at more than five miles per hour below the 85th percentile speed. The review was based on consideration of the following factors: 1. Reported accident experience. 2. Roadway design speed. 3. Safe stopping sight distance. 4. Super elevation on curves. 5. Shoulder conditions. 6. Profile conditions. 7. Intersection spacing and offsets. 8. Driveway conditions. 9. Pedestrian traffic in the roadway without sidewalks. 10. Unusual or unique traffic conditions not readily apparent to the driver. In the interest of safety, the recommended speed limits are consistent with the principle of establishing them at the first five miles per hour increment below the 85th percentile 20 speed as allowed by CVC Section 21400(b) except at locations where an additional decrease is justified. The rationale for establishment of the speed limits on each street is contained in the following paragraphs. AVENIDA RANCHEROS — GOLDEN SPRINGS DRIVE TO NORTHEAST CITY LIMIT No change in the existing 45 miles per hour speed limit is recommended. Critical speeds are 46 and 41 miles per hour for the eastbound and westbound directions, respectively. Avenida Rancheros is a boundary line street shared with the City of Pomona. BREA CANYON ROAD - NORTH CITY LIMIT TO SOUTH CITY LIMIT North City Limit to Golden Springs Drive It is recommended that the existing 40 miles per hour speed limit be retained because the 85th percentile speeds are in the 41 to 45 miles per hour range In addition, the accident rates are 0.89 and 0.71 accidents per million vehicle miles north and south of Lycoming Street, respectively are higher than the average of 0.59 for similar streets. Golden Springs Drive to Via Sorella It is recommended that the existing 45 miles per hour speed limit be retained because the 85th percentile speeds are 48 and 44 miles per hour for the northbound and southbound directions, respectively. Via Sorella to Pathfinder Road It is recommended the existing 45 miles per hour speed limit be increased to 50 miles per hour because the 85th percentile speeds are 51 miles per hour and 50 miles per for the northbound and southbound directions, respectively. There is no recorded accident history. Pathfinder Road to Fountain Springs Road Although the 85th percentile speeds are 45 miles per hour in both directions, it is recommended that the existing 40 miles per hour speed limit be retained because the accident rate of 1.94 accidents per million vehicle miles is significantly higher than the average of 0..68 for similar streets. Further justifications for the lower speed limit are the vehicular back -out maneuvers associated with angle parking and the high percentage of high-school age drivers. School zones for Diamond Bar High School at Pathfinder Road and Castle Rock Elementary School between Cold Spring Lane and Cool Springs Drive are identified with standard school signs. Fountain Springs Road to Copper Canyon Drive It is recommended the existing 45 miles per hour speed limit be reduced to 40 miles per hour because the 85th percentile speeds range from 40 to 44 miles per hour. 21 Copper Canyon Drive to South City Limit The 85th percentile speeds are 52 and 53 miles per hour in the northbound and southbound directions, respectively. Therefore, it is recommended the existing 50 miles per hour speed limit be retained. BREA CANYON CUT-OFF ROAD - WEST CITY LIMIT TO SR 57 FREEWAY The 85th percentile speeds range from 39 to 43 miles per hour. Therefore, it is recommended the existing 40 miles per hour speed limit be retained. BRIDGEGATE DRIVE — COPLEY DRIVE TO VALLEY VISTA DRIVE It is recommended that the speed limit be retained at 35 miles per hour because the 85th percentile speeds are 38 and 39 miles per hour for the northbound and southbound directions, respectively. CHINO AVENUE - CHINO HILLS PARKWAY TO EAST CITY LIMIT The 85" percentile speeds are 48 miles per hour in both directions. Therefore, it is recommended that the existing 50 miles per hour speed limit be retained. CHINO HILLS PARKWAY - NORTH CITY LIMIT TO SOUTH CITY LIMIT The 85" percentile speeds range from 53 miles per hour to 56 miles per hour. It is recommended the speed limit be retained at 50 miles per hour. COPLEY DRIVE - GOLDEN SPRINGS DRIVE TO BRIDGE GATE DRIVE It is recommended the existing 35 miles per hour speed limit be retained as the 85th percentile speeds are 40 and 39 miles per hour in the northbound and southbound directions, respectively. DIAMOND BAR BOULEVARD — SR 57 FREEWAY TO TEMPLE AVENUE SR 57 Freeway Canyon Road to Mountain Laurel Wav The 85th percentile speeds range from 46 to 50 miles per hour. Therefore, it is recommended the existing 45 miles per hour speed limit be retained. Mountain Laurel Way to Grand Avenue It is recommended the existing 45 miles per hour speed limit be reduced to 40 miles per hour as the 85th percentile speeds are 42 and 44 miles per hour in the northbound and southbound directions, respectively. Grand Avenue to Goldrush Drive The 85" percentile speeds range from 47 to 53 miles per hour. Therefore, it is recommended the existing 45 miles per hour speed limit be retained. 22 Goldrush Drive to Golden Springs Drive It is recommended the existing 40 miles per hour speed limit be retained as the 85th percentile speeds are 48 and 43 miles per hour in the northbound and southbound directions, respectively. The school zone for Lorbeer Middle School at Golden Springs Drive is identified with standard school signs. Golden Springs Drive to SR 60 Eastbound Ramps It is recommended the existing 40 miles per hour speed limit be reduced to 35 miles per hour as the 85th percentile speeds are 34 and 36 miles per hour in the northbound and southbound directions, respectively. In addition, the accident rate of 2.12 accidents per million vehicle miles exceeds the average rate of 0.59 accidents per million vehicle miles for similar streets. SR 60 Eastbound Ramps to Highland Valley Road It is recommended the existing 40 miles per hour speed limit be retained as the 85th percentile speeds range from 43 to 45 miles per hour. Highland Valley Road to Temple Avenue The 85th percentile speeds are 48 and 47 miles per hour in the northbound and southbound directions, respectively. Therefore, it is recommended the existing 50 miles per hour speed limit be reduced to 45 miles per hour. GATEWAY CENTER DRIVE — BRIDGE GATE DRIVE TO GOLDEN SPRINGS DRIVE It is recommended the existing 35 miles per hour speed limit be retained. The 85" percentile speeds were measured at 38 miles per hour and 37 miles per hour, for northbound and southbound traffic, respectively. GOLDEN SPRINGS DRIVE - WEST CITY LIMIT TO AVENIDA RANCHEROS /TEMPLE AVENUE West City Limit to Lemon Avenue The 85" percentile speeds are 48 and 51 miles per hour for eastbound and westbound traffic, respectively. Therefore, it is recommended the existing 45 miles per hour speed limit be retained. Lemon Avenue to 900 feet West of Gona Court The 85th percentile speeds of 46 and 48 miles per hour for eastbound and westbound traffic, respectively. Therefore, it is recommended the existing 40 miles per hour speed limit be increased to 45 miles per hour. 23 900 feet West of Gona Court to 1300 feet East of Adel Avenue No change in the existing 40 miles per hour speed limit is recommended. The 85" percentile speeds range from 39 to 50 miles per hour. Roadway and roadside development conditions are similar throughout the entire segment. Accident rates are higher than the average for other similar streets 1300 feet East of Adel Avenue to Grand Avenue The 85" percentile speeds are 46 and 51 miles per hour for eastbound and westbound traffic, respectively. Therefore, it is recommended the existing 45 miles per hour speed limit be retained. Grand Avenue to Sabana Drive The 85th percentile speeds are 43 and 47 miles per hour for eastbound and westbound traffic, respectively. Therefore, it is recommended the existing 45 miles per hour speed limit be retained. Sabana Drive to Diamond Bar Boulevard The 85" percentile speeds are 48 and 46 miles per hour for eastbound and westbound traffic, respectively. The accident rate is 3.19 accidents per million vehicle miles which is significantly higher than the average of 0.59 accidents per million vehicles for similar streets. Therefore it is recommended the existing 40 miles per hour speed limit be retained. Diamond Bar Boulevard to Platina Drive The 85th percentile speeds are 43 miles per hour for eastbound and westbound traffic. Therefore, no change in the existing 40 miles per hour speed limit is recommended. The school zone for Lorbeer Middle School at Diamond Bar Boulevard is identified with standard school signs. Platina Drive to Avenida Rancheros/Temple Avenue No change in the existing 45 miles per hour speed limit is recommended. The 85th percentile speeds are in the 41 to 47 miles per hour range. School zones for Golden Springs Elementary School at Ballena Drive and Diamond Point Elementary School at Sunset Crossing Road are identified with standard school signs. GRAND AVENUE - NORTH CITY LIMIT TO EAST CITY LIMIT The 85" percentile speeds are in the 40 to 54 miles per hour range. No change in the existing 45 miles per hour speed limit is recommended. 24 LEMON AVENUE - NORTH CITY LIMIT TO GOLDEN SPRINGS DRIVE The 85th percentile speeds are 42 and 45 miles per hour in the northbound and southbound directions, respectively. Therefore, it is recommended the existing 40 miles per hour speed limit be retained. The Walnut Elementary school zone is identified with standard school signs. LYCOMING STREET - LEMON AVENUE TO BREA CANYON ROAD It is recommended the existing 35 miles per hour speed limit be reduced to 25 miles per hour. This recommendation is based on the fact that the majority of the abutting land use on the south side of the street has residential density sufficient to qualify as a residence district. The remainder of the land use on the south side is Walnut Elementary School and a private school. Moreover, speed humps are in place at various locations throughout the segment. The Walnut Elementary School zone abuts this roadway between Glenwick Avenue and Lemon Avenue. It is identified with standard school signs. MONTEFINO AVENUE — GRAND AVENUE TO DIAMOND BAR BOULEVARD The 85th percentile speeds are 30 and 31 miles per hour for eastbound and westbound traffic, respectively. The accident rate is higher than the average for other similar streets. Therefore, no change in the existing 25 miles per hour speed limit is recommended. PATHFINDER ROAD - WEST CITY LIMIT TO DIAMOND BAR BOULEVARD West City Limit to Brea Canyon Road North The 85" percentile speeds range from 44 to 49 miles per hour. Therefore, it is recommended the existing 45 miles per hour speed limit be retained. Brea Canyon Road North to Brea Canyon Road South/Fern Hollow Drive The 85th percentile speeds are 42 and 40 miles per hour for eastbound and westbound traffic, respectively. No change in the existing 40 miles per hour speed limit is recommended Brea Canyon Road South/Fem Hollow Drive to Diamond Bar Boulevard The 85" percentile speeds range from 42 to 45 miles per hour. The accident rate in the segment between Brea Canyon Road South/Fernhollow Drive and Evergreen Springs Drive is 0.81 accidents per million vehicle miles which exceeds the average rate of 0.59 accidents per million vehicle miles for similar streets. Therefore, it is recommended the existing 45 miles per hour speed limit be reduced to 40 miles per hour. This area is heavily impacted by Diamond Bar High School as many of the students park their vehicles on both sides of Pathfinder Road. Heavy pedestrian traffic results f00M from students crossing the street in route to and from their vehicles and from those walking to and from school along the sidewalks. The school zone for Diamond Bar High School at Brea Canyon Road South/Fem Hollow Drive is identified with standard school signs. SUNSET CROSSING ROAD WEST CITY LIMIT TO DIAMOND BAR BOULEVARD West City Limit to Diamond Bar Boulevard The 85th percentile speeds are 37 and 39 miles per hour for eastbound and westbound traffic, respectively. Therefore, it is recommended the existing 35 miles per hour speed limit be retained. TEMPLE AVENUE — DIAMOND BAR BOULEVARD TO GOLDEN SPRINGS DRIVE No change in the existing 45 miles per hour speed limit is recommended. The 85th percentile speeds are 45 and 43 miles per hour in the eastbound and westbound directions, respectively. Temple Avenue is a boundary line street shared with the City of Pomona. VALLEY VISTA DRIVE — GATEWAY CENTER DRIVE TO BRIDGEGATE DRIVE The 85th percentile speeds are 41 and 42 miles per hour in the northbound and southbound directions, respectively. Therefore, it is recommended the existing 35 miles per hour speed limit be increased to 40 miles per hour. VIA SORELLA — BREA CANYON ROAD TO NORTHERLY TERMINUS Currently, there is no posted speed limit. The 85th percentile speeds are 37 and 33 miles per hour for northbound and southbound, respectively. Therefore, it is recommended the speed limit be established at 35 miles per hour WALNUT DRIVE - WEST CITY LIMIT TO LEMON AVENUE The 85" percentile speeds are 43 and 44 miles per hour in the eastbound and westbound directions, respectively. Therefore, it is recommended that the existing 40 miles per hour speed limit be retained. WASHINGTON STREET - BREA CANYON ROAD TO NORTHEAST CITY LIMIT The 85th percentile speeds are 41 and 36 miles per hour for eastbound and westbound traffic, respectively. Therefore, it is recommended the existing 35 miles per hour speed limit be retained. 26 California Vehicle Code Definitions 235 - Business District 240 - Business and Residential District Determination 515 - Residential District 627 - Engineering and Traffic Survey Sections 21400 Uniform Standards 22349 - Maximum Speed Limit 22350 - Basic Speed Law 22351 -Speed Law Violations 22352 - Prima Facie Speed Limits 22357 - Increase of Local Limits 22358 - Decrease of Local Limits 22358.5 - Downward Speed Zoning 22359 - Boundary Line Streets 22361 - Multiple -Lane Highways 40801- Speed Trap Prohibition 40802 - Speed Traps 40803 - Speed Trap Evidence California Manual on Uniform Traffic Control Devices 27 � ■ 0 9 A-1 APPENDIX B ENGINEERING AND TRAFFIC SURVEY FORMS STREET AVENIDA RANCHEROS BREA CANYON ROAD BREA CANYON CUT-OFF BRIDGEGATE DRIVE CHINO AVENUE CHINO HILLS PARKWAY COPLEY DRIVE DIAMOND BAR BOULEVARD GATEWAY CENTER DRIVE GOLDEN SPRINGS DRIVE GRAND AVENUE LEMON AVENUE MONTEFINO AVENUE PATHFINDER ROAD SUNSET CROSSING ROAD TEMPLE AVENUE VALLEY VISTA DRIVE VIA SORELLA WALNUT DRIVE WASHINGTON STREET m PAGE Agenda # 8.3 Meeting Date.: June 17, 2014 CITY COUNCIL IAGENDA REPORT �CORMIR��� rs8g TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manage TITLE: APPROVAL OF WINDMILL EASEMENT AND MAINTENANCE AGREEMENT. RECOMMENDATION: Approve. FISCAL IMPACT: The Easement is being granted without cost to the City. Initial one-time site improvement costs are estimated at $5,000, with annual maintenance costs thereafter of approximately $1,500 per year. BACKGROUND: The City of Diamond Bar has long sought to secure the Windmill that is located on the former Ralph's shopping center, which is currently owned by the Retail Opportunity Investments Corporation (ROIC). Recently, the City was provided with a once-in-a-lifetime opportunity to enter into a 25 year Easement with ROTC, whereby the City would be responsible for maintenance and upkeep of the Windmill. The Easement would automatically renew at the end of the 25 year lease term, unless terminated by the property owner 180 days prior to the 25 year anniversary date. If the Easement is terminated, ROIC may request that the City remove the Windmill. The Easement runs with the land title, so any future sale of the commercial center is binding between the City and ROIC or any future owner. Staff has inspected the Windmill and has determined that it needs some restoration work, including rust removal, new paint, and lubricating oil. Upon approval of the Easement, all moving parts and the existing lighting system will be inspected and repaired. The total initial costs to bring the Windmill to condition is estimated at $5,000, with annual maintenance costs thereafter of approximately $1,500. It is requested that the City Council authorize the City Manager to execute the Easement in substantially the form attached hereto as Attachment 1. Prepared by: Reviewed by: Anthony Santos Ryan Okean Sr. Management Analyst Deputy ity Manager Attachments: 1. Windmill Easement and Maintenance Agreement. 2. Photographs. TO: CITY CLERK FROM: ADDRESS: �SS 5Gt-C� IE:�� ORGANIZATION: S�I AGENDA#/SUBJECT: I expect to address the Council on the subject agefi Isubject item. Please have the Council Minutes reflect my name and address as written above. 7 Signatur This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: '7 ADDRESS: �I��Z k5 -i he hv'& �vl )a0 PHONE: ORGANIZATION: KCS iGYr CLar rr b e��m y✓ `nom-_� i i V AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. nature This document is a public record subject to disclosure under the Public Records Act. 1T i o VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:—DATE:�� ADDRESS: 0 I Or, Plaw6l, 6- PHONE: �d- k - ORGANIZATION: AGENDA#/SUBJECT: PaL v I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. pt v Signature This document is a public record subject to disclosure under the Public Records Act.