Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2022.10.04 Agenda Packet - Regular Meeting
City Council Agenda Tuesday, October 4, 2022 Closed Session 5:30 PM South Coast Air Quality Management District/Room CC-8 21865 Copley Dr., Diamond Bar, CA 91765 Regular Meeting 6:30 PM South Coast Air Quality Management District/Main Auditorium 21865 Copley Dr Diamond Bar, CA 91765 PUBLIC ADVISORY: Consistent with State Assembly Bill 361, members of the City Council may be present or participate telephonically. Members of the public are encouraged to participate and address the City Council during the public comment portion of the meeting either in person or via teleconference. If you would like to attend the meeting in person, please note that face coverings are recommended. How to Observe the Meeting From Home: The public can observe the meeting by calling +1 (415) 930-5321, Access Code: 740-623-276 OR visit: https://attendee.gotowebinar.com/register/1780082263683749132. How to Submit Public Comment: The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to the City Clerk at cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the record at the meeting and posted on the City’s official agenda webpage as soon as reasonably practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx). The public may log into the meeting through this link: https://attendee.gotowebinar.com/register/1780082263683749132. Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. American Disability Act Accommodations: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839- 7010 within 72 hours of the meeting. City Council video recordings with transcription will be available upon request the day following the Council Meeting. The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. NANCY A. LYONS Council Member STAN LIU Council Member STEVE TYE Council Member RUTH M. LOW Mayor ANDREW CHOU Mayor Pro Tem City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3, Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City Council may take action on any item listed on the agenda. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov General information: (909) 839-7000 Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR LIVE VIEWING AT HTTPS://REGISTER.GOTOWEBINAR.COM/REGISTER/1780082263683749132 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 04, 2022 CLOSED SESSION: 5:30 p.m., Room CC-8: In person only - no teleconference. Public Comments Public Employee Performance Evaluation Pursuant to Government Code section 54957 Title: City Manager CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: ROLL CALL: Liu, Lyons, Tye, Mayor Pro Tem Chou, Mayor Low APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Three Valley Water District Update OCTOBER 4, 2022 PAGE 2 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City Council values your comments, pursuant to the Brown Act, members of the City Council or Staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five-minute maximum time limit when addressing the City Council. At this time, the teleconference moderator will ask callers one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or council consideration item, you will then be called upon to speak at that point in the agenda. 4. SCHEDULE OF FUTURE EVENTS: 4.1 Diamond Bar Restaurant Week – October 1 – 16, 2022 4.2 Coffee with a Cop – October 11, 2022, 7:30 – 9:30 a.m. Good Times Donuts, 3220 S. Brea Canyon Road, Ste G. 4.3 Planning Commission Meeting – October 11, 2022, 6:30 p.m. online teleconference and Windmill Room, 21810 Copley Dr. 4.4 Tres Hermanos Conservation Authority Meeting – October 12, 2022, 6:00 p.m. online teleconference and Windmill Room, 21810 Copley Dr. 4.5 City Council Meeting – October 18, 2022, 6:30 p.m. online teleconference and SCAQMD Main Auditorium, 21865 Copley Dr. 5. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 5.1 CITY COUNCIL MINUTES OF THE SEPTEMBER 20, 2022 REGULAR MEETING. 5.1.a September 20, 2022 Regular City Council Minutes Recommended Action: Approve the September 20, 2022 Regular City Council meeting minutes. OCTOBER 4, 2022 PAGE 3 Requested by: City Clerk 5.2 RATIFICATION OF CHECK REGISTER DATED SEPTEMBER 14, 2022 THROUGH SEPTEMBER 27, 2022 TOTALING $1,368,100.09. Recommended Action: Ratify the Check Register. Requested by: Finance Department 5.3 CONSIDERATION TO EXTEND A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19). Recommended Action: Adopt Resolution No. 2022-51 extending the Declared Local Emergency regarding Novel Coronavirus (COVID-19). Requested by: City Manager 5.4 AWARD OF PUBLIC WORKS AGREEMENT TO DD SYSTEMS, INC., AND SECOND AMENDMENT TO MICHAEL BAKER INTERNATIONAL, AND FIRST AMENDMENT TO RICHARD FISHER ASSOCIATES CONSULTANT SERVICE AGREEMENTS FOR THE CANYON LOOP TRAIL IMPROVEMENT PROJECT (FP17500). Recommended Action: A. Approve, and authorize the Mayor to sign a Construction Agreement with DD, Systems, Inc. (DD) in the amount of $674,377.50, plus a contingency amount of $101,156 for contract change orders, if any, to be approved by the City Manager, for a total authorization amount of $775,533.50; B. Approve, and authorize the Mayor to sign a Second Amendment with Michael Baker International (MBI) for construction support services in the amount of $32,640 for a total not to exceed amount of $207,621; C. Approve, and authorize the Mayor to sign the First Amendment with Richard Fisher Associates (RFA) for construction support services in the amount of $12,948.39 for a total not to exceed amount of $81,639.39; D. Appropriate $87,000 from Measure W Fund (Fund 201) Fund Balance to the Canyon Loop Trail CIP Project; and E. Appropriate $523,623 from General Fund (Fund 100) Fund Balance to the Canyon Loop Trail CIP Project. OCTOBER 4, 2022 PAGE 4 Requested by: Parks & Recreation Department 5.5 CONSULTING SERVICES AGREEMENT WITH TAIT AND ASSOCIATES, INC. FOR THE DESIGN OF THE GROUNDWATER DRAINAGE IMPROVEMENTS PHASE 4 & 5 - COPLEY DRIVE AND MOONLAKE STREET PROJECT (CIP NO. PW23401). Recommended Action: Approve, and authorize the Mayor to sign, the Consulting Services Agreement with Tait and Associates, Inc., in the amount of $104,645, plus a contingency amount of $10,465 for a total authorization amount of $115,110. Requested by: Public Works Department 5.6 AUTHORIZATION TO PARTICIPATE WITH OMNIA PARTNERS TO UTILIZE TRANE U.S. INC. DBA TRANE FOR THE DESIGN OF THE DIAMOND BAR CENTER HVAC REPLACEMENT PROJECT THROUGH JUNE 30, 2023. Recommended Action: A. Adopt Resolution No. 2022-52 authorizing the use of the OMNIA Partners contract with Trane U.S. dba Trane for turnkey services; and B. Approve, and authorize the Mayor, to sign the Consulting Services Agreement with Trane U.S. Inc. dba Trane for the Design of the Diamond Bar Center HVAC Replacement and Air Quality Upgrades Project. Requested by: Public Works Department 6. PUBLIC HEARINGS: 6.1 TENTATIVE PARCEL MAP NO. 83708 FOR A TWO-LOT SUBDIVISION, AND PARKING PERMIT FOR RECIPROCAL ACCESS AND PARKING PURPOSES AT 2020 S. BREA CANYON ROAD (PLANNING APPLICATION NO. PL2022-07) Recommended Action: A. Receive staff presentation; B. Open Public Hearing to receive testimony; C. Close Public Hearing; D. Find Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the OCTOBER 4, 2022 PAGE 5 provisions of Article 19 Section 15301(k) of the CEQA Guidelines; and E. Adopt Resolution No. 2022-53 approving Planning Application No. PL2022-07 based on the Findings of Fact, and subject to the Conditions of Approval Contained therein. Requested by: Community Development Department 7. COUNCIL CONSIDERATION: NONE 8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 9. ADJOURNMENT: Agenda #: 5.1 Meeting Date: October 4, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE SEPTEMBER 20, 2022 REGULAR MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the September 20, 2022 Regular City Council meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Minutes have been prepared and are being presented for approval. PREPARED BY: REVIEWED BY: 5.1 Packet Pg. 8 Attachments: 1. 5.1.a September 20, 2022 Regular City Council Minutes 5.1 Packet Pg. 9 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM 21865 COPLEY DR DIAMOND BAR, CA 91765 SEPTEMBER 20, 2022 CLOSED SESSION: 5:30 p.m., South Coast Air Quality Management District/Room CC-8, 21865 Copley Dr., Diamond Bar, CA 91765, In-Person Only (No teleconference) PUBLIC COMMENTS: None Public Employee Performance Evaluation Pursuant to Government Code Section 54957 Title: City Manager ADJOURNMENT: Closed Session adjourned at 6:28 p.m. with no reportable action. CALL TO ORDER: Mayor Low called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District’s Main Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. Consistent with State Assembly Bill 361, members of the public were encouraged to participate and address the City Council during the public comment portion of the meeting via teleconference. City Council Members and staff participated in person and telephonically. PLEDGE OF ALLEGIANCE: Mayor Low led the Pledge of Allegiance. INVOCATION: Lead Pastor Tim Park, EFree Church of Diamond Bar provided the invocation. ROLL CALL: Council Members Stan Liu, Steve Tye, Mayor Pro Tem Andrew Chou, Mayor Ruth Low Absent: Council Member Nancy Lyons Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the City Manager; Jason Jacobsen, Finance Director; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Jason Williams, Maintenance Supervisor; Marsha Roa, Public Information Manager; Christian Malpica, Associate Engineer; Joan Cruz, Administrative Coordinator; Kristina Santana, City Clerk Staff Present Telephonically: Amy Haug, Human Resources Manager; Ken Desforges, Information Systems Director; Alfredo Estevez, Systems Administrator; Greg Gubman, Community Development Director; Ryan Wright, Parks & Recreation Director 5.1.a Packet Pg. 10 SEPTEMBER 20, 2022 PAGE 2 CITY COUNCIL Also Present: Captain Tousey, Diamond Bar/Walnut Sheriff’s Station. APPROVAL OF AGENDA: As presented by M/Low. 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: NONE 2. PUBLIC COMMENTS: Nicholas Hernandez, speaking on behalf of the Walnut Valley Rotary Club, announced a student-led City Council Candidate Forum for Diamond Bar City Council candidates to be held on Monday, October 3rd at 6:00 p.m. in the Windmill Room, Diamond Bar City Hall. Residents may submit questions via a google form listed on the Club’s flyer on Facebook or Instagram. Piu Ching Ho, Diamond Bar Library Manager, spoke about programs offered during the months of October and November, and announced that today is her last day at the Diamond Bar Library. She thanked the Council, staff and residents. She introduced Interim Community Library Manager, Cynthia Yu, who introduced herself to the Council. Council Members individually expressed their thanks to Piu Ching Ho for her nine years of dedication and service to the Diamond Bar community. 3. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Calendar of Future Events. 4. CONSENT CALENDAR: C/Tye moved, C/Liu seconded, to approve the Consent Calendar as presented with C/Tye abstaining on Item 4.1. Motion carried 4-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Liu, Tye, MPT/Chou, M/Low NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Lyons 4.1 APPROVED CITY COUNCIL MINUTES OF THE AUGUST 30, 2022 SPECIAL MEETING. 4.2 RATIFIED CHECK REGISTER DATED AUGUST 24, 2022 THROUGH SEPTEMBER 13, 2022 TOTALING $503,558.44. 4.3 APPROVED TREASURER’S STATEMENTS FOR AUGUST 2022. 4.4 ADOPTED RESOLUTION NO. 2022-48, PROVIDING FOR CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER COMMISSIONS AND COMMITTEES SUBJECT TO STATE 5.1.a Packet Pg. 11 SEPTEMBER 20, 2022 PAGE 3 CITY COUNCIL OPEN MEETING LAWS. 4.5 ADOPTED RESOLUTION NO. 2022-49 AMENDING THE CITY’S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL. 4.6 APPROVED AND AUTHORIZED THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO GOVCONNECTION, INC. FOR THE PURCHASE OF 17 LAPTOPS AND ACCESSORIES IN THE AMOUNT OF $47,972.57. 4.7 AWARDED CONSTRUCTION AGREEMENT TO WRIGHT CONSTRUCTION ENGINEERING CORP AND FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH HUSHMAND ASSOCIATES, INC. FOR THE DIAMOND BAR CENTER SLOPE STABILIZATION PROJECT NO. FP20500 AS FOLLOWS: A. APPROVED AND AUTHORIZED THE MAYOR TO SIGN, A CONSTRUCTION AGREEMENT WITH WRIGHT CONSTRUCTION ENGINEERING CORP (WRIGHT) IN THE AMOUNT OF $594,570, PLUS A CONTINGENCY AMOUNT OF $59,457, FOR CONTRACT CHANGE ORDERS, IF ANY, TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHOTIZATION AMOUNT OF $654,027; AND, B. APPROVED AN EXCEPTION TO COMPETITIVE BIDDING PURSUANT TO THE CITY’S PURCHASING ORDINANCE, AND AUTHORIZED THE MAYOR TO SIGN THE FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT, MATERIAL TESTING, ENGINEERING SUPPORT, AND INSPECTION SERVICES WITH HUSHMAND ASSOCIATES, INC. IN THE AMOUNT OF $227,890, PLUS A CONTINGENCY AMOUNT OF $22,789, FOR A TOTAL AUTHORIZATION AMOUNT OF $250,679. 4.8 AUTHORIZED PARTICIPATION WITH SOURCEWELL TO PURCHASE FLEET VEHICLES FOR THE CITY FROM NATIONAL AUTO FLEET GROUP IN THE AMOUNT NOT-TO-EXCEED $107,456.72 DURING FISCAL YEAR 2022/2023 AS FOLLOWS: A. APPROPRIATED $5,457 FROM THE VEHICLE MAINTENANCE & REPLACEMENT FUND (FUND 502) FUND BALANCE; AND, B. ADOPTED RESOLUTION NO. 2022-50 AUTHORIZING PARTICIPATION WITH SOURCEWELL FOR THE PURCHASE OF TWO (2) ZERO-EMISSION VEHICLES THROUGH NATIONAL AUTO FLEET GROUP FOR FISCAL YEAR 2022/23. 5.1.a Packet Pg. 12 SEPTEMBER 20, 2022 PAGE 4 CITY COUNCIL 4.9 APPROVED AND AUTHORIZED THE MAYOR TO SIGN, THE THREE- YEAR MAINTENANCE SERVICES AGREEMENT WITH ECOFERT, INC. FOR MONTHLY FERTILIZER INJECTION SYSTEM SERVICES THROUGH JUNE 30, 2025. 5. PUBLIC HEARINGS: NONE 6. COUNCIL CONSIDERATION: NONE 7. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Liu wished M/Low a Happy Birthday and thanked her for her kindness and leadership, congratulated Diamond Bar High School football team on its 5-0 record to date and the drama department which won exclusive rights in California for performing “Frozen” next year. He encouraged everyone to register and vote in midterms and looked forward to seeing everyone during Restaurant Week. C/Tye wished M/Low a Happy Birthday and hoped everyone would participate in and enjoy Restaurant Week. MPT/Chou appreciated returning to the SCAQMD facility, and reported on his attendance at the League of California Cities LA Division luncheon. M/Low thanked staff for their efforts in returning the City Council meetings to the SCAQMD, enjoyed attending the League of California Cities with MPT/Chou and C/Liu where they learned interesting information regarding housing, homelessness, and public safety and invited residents to join Council for the State of the City at the Diamond Bar Center on October 19th, the Diamond Bar Foundation’s BeerFest on the Lawn fundraiser on September 25, and the Diamond Bar Woman’s Club Fascination Ball and Casino Night fundraiser at Vita Italian Bar & Restaurant in Pomona on October 1st. ADJOURNMENT: With no further business to conduct, M/Low adjourned the Regular City Council Meeting at 6:57 p.m. Respectfully Submitted: _____________________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 4th day of October, 2022. Ruth M. Low, Mayor 5.1.a Packet Pg. 13 Agenda #: 5.2 Meeting Date: October 4, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED SEPTEMBER 14, 2022 THROUGH SEPTEMBER 27, 2022 TOTALING $1,368,100.09. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $1,368,100.09. BACKGROUND/DISCUSSION: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council Meeting. The attached check register containing checks dated September 14, 2022 through September 27, 2022 totaling $1,368,100.09 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures, and have been reviewed and approved by the appropriate departmental staff. The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 5.2 Packet Pg. 14 REVIEWED BY: Attachments: 1. 5.2.a Check Register Affidavit 10-4-2022 2. 5.2.b Check Register 10-4-2022 5.2 Packet Pg. 15 5.2.a Packet Pg. 16 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6190 9/15/2022 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20791 GOLDEN SPRINGS TC-1 100655 52210 $141.13 CHECK TOTAL $141.13 6191 9/15/2022 SOUTHERN CALIFORNIA EDISON GS-1 2838 S. DBB 100655 52210 $113.10 CHECK TOTAL $113.10 6192 9/15/2022 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND AVE. TC-1 100655 52210 $101.56 CHECK TOTAL $101.56 6193 9/15/2022 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20439 GOLDEN SPRINGS PED TC-1 100655 52210 $121.07 CHECK TOTAL $121.07 6194 9/15/2022 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER TC-1 100655 52210 $132.51 CHECK TOTAL $132.51 6195 9/15/2022 SOUTHERN CALIFORNIA EDISON GS-1 23331 GOLDEN SPRINGS PED 100655 52210 $102.67 CHECK TOTAL $102.67 6196 9/15/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 BREA CYN RD BPED LS-3 100655 52210 $31.85 CHECK TOTAL $31.85 6197 9/15/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 BREA CYN RD BPED LS-3 100655 52210 $22.12 CHECK TOTAL $22.12 6198 9/15/2022 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN SPRINGS PED TC-1 100655 52210 $94.67 CHECK TOTAL $94.67 6199 9/16/2022 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/27/22-09/09/22 239 21110 $129.56 9/16/2022 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/27/22-09/09/22 241 21110 $129.56 9/16/2022 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/27/22-09/09/22 225 21110 $146.31 9/16/2022 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/27/22-09/09/22 238 21110 $210.45 5.2.b Packet Pg. 17 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/16/2022 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/27/22-09/09/22 201 21110 $399.78 9/16/2022 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/27/22-09/09/22 106 21110 $479.57 9/16/2022 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/27/22-09/09/22 207 21110 $810.89 9/16/2022 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/27/22-09/09/22 206 21110 $987.62 9/16/2022 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/27/22-09/09/22 250 21110 $1,389.42 9/16/2022 CALPERS PENSION CONTRIBUTION FOR PERIOD 08/27/22-09/09/22 100 21110 $32,911.70 CHECK TOTAL $37,594.86 6200 9/16/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/16/2022 238 21118 $6.61 9/16/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/16/2022 239 21118 $6.61 9/16/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/16/2022 241 21118 $6.61 9/16/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/16/2022 207 21118 $12.79 9/16/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/16/2022 106 21118 $16.45 9/16/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/16/2022 250 21118 $25.46 9/16/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/16/2022 206 21118 $31.12 9/16/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE 09/16/2022 100 21118 $1,150.05 CHECK TOTAL $1,255.70 6201 9/16/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/16/2022 225 21109 $9.26 9/16/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/16/2022 239 21109 $103.85 9/16/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/16/2022 241 21109 $103.85 5.2.b Packet Pg. 18 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/16/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/16/2022 201 21109 $107.15 9/16/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/16/2022 238 21109 $207.69 9/16/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/16/2022 106 21109 $245.14 9/16/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/16/2022 207 21109 $365.78 9/16/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/16/2022 250 21109 $390.25 9/16/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/16/2022 206 21109 $460.75 9/16/2022 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 09/16/2022 100 21109 $10,876.92 CHECK TOTAL $12,870.64 6202 9/20/2022 SOUTHERN CALIFORNIA EDISON 633 GRAND AVE (08.10.22 - 09.08.22) FY 22-23 238638 52210 $18.28 CHECK TOTAL $18.28 6203 9/23/2022 SOUTHERN CALIFORNIA EDISON 20850 HIGH COUNTRY (08.11.22 - 09.11.22) FY 22-23 241641 52210 $20.46 CHECK TOTAL $20.46 6204 9/23/2022 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON (08.11.22 - 09.11.22) FY 22-23 100630 52210 $41.85 CHECK TOTAL $41.85 6205 9/23/2022 SOUTHERN CALIFORNIA EDISON 20980 CANYON RIDGE (08.11.22 - 09.11.22) FY 22-23 241641 52210 $20.46 CHECK TOTAL $20.46 6206 9/23/2022 SOUTHERN CALIFORNIA EDISON 1000 LEMON (08.12.22 - 09.12.22) FY 22- 23 238638 52210 $21.11 CHECK TOTAL $21.11 6207 9/26/2022 SOUTHERN CALIFORNIA EDISON 3564 BREA CANYON RD (08.15.22 - 09.13.22) FY 22-23 238638 52210 $19.27 5.2.b Packet Pg. 19 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $19.27 6208 9/26/2022 SOUTHERN CALIFORNIA EDISON CITY HALL (08.15.22 - 09.13.22) FY 22-23 100620 52210 $20,083.27 CHECK TOTAL $20,083.27 6209 9/26/2022 SOUTHERN CALIFORNIA EDISON 22745 SUNSET XING (08.15.22 - 09.13.22) FY 22-23 238638 52210 $19.49 CHECK TOTAL $19.49 6210 9/26/2022 SOUTHERN CALIFORNIA EDISON 2746 BREA CANYON RD (08.15.22 - 09.13.22) FY 22-23 238638 52210 $19.49 CHECK TOTAL $19.49 6211 9/26/2022 SOUTHERN CALIFORNIA EDISON 2025 DIAMOND BAR (08.15.22 - 09.13.22) FY 22-23 238638 52210 $19.49 CHECK TOTAL $19.49 6212 9/27/2022 SOUTHERN CALIFORNIA EDISON HERITAGE COMM CTR (08.15.22 - 09.14.22) FY 22-23 100630 52215 $40.61 CHECK TOTAL $40.61 6213 9/27/2022 4IMPRINT INC DBRW PINS 100150 54900 $553.62 CHECK TOTAL $553.62 6214 9/27/2022 ABSOLUTE SECURITY INTERNATIONAL INC SECURITY GUARD SERVICES- JULY 100510 55330 $3,816.45 9/27/2022 ABSOLUTE SECURITY INTERNATIONAL INC SECURITY GUARD SERVICES - AUGUST 100510 55330 $2,828.40 CHECK TOTAL $6,644.85 6215 9/27/2022 ALISHA PATTERSON INSTRUCTOR PAYMENT - CAMP - SUM 22 100520 55320 $2,340.00 CHECK TOTAL $2,340.00 6216 9/27/2022 AMERICAN UNITED SALES CORP 2023 ROSE PARADE SEATING 100520 55300 $789.00 CHECK TOTAL $789.00 6217 9/27/2022 ANCOM GROUP INC INSTRUCTOR PAYMENT - SUM - 22 100520 55320 $831.60 CHECK TOTAL $831.60 6218 9/27/2022 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (AUG) FY 22-23 100630 52320 $70.00 9/27/2022 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (AUG) FY 22-23 100510 52320 $105.00 9/27/2022 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (AUG) FY 22-23 100620 52320 $120.00 5.2.b Packet Pg. 20 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $295.00 6219 9/27/2022 AREA D CIVIL DEFENSE AREA D DISASTER MGMT - FY22-23 JPA ANNUAL DUES 100350 52500 $203.02 9/27/2022 AREA D CIVIL DEFENSE AREA D DISASTER MGMT - FY22-23 JPA ANNUAL DUES 100350 52400 $3,200.00 CHECK TOTAL $3,403.02 6220 9/27/2022 NAILA ASAD BARLAS STIPEND-PC MTG 8/23/22 100410 52525 $65.00 CHECK TOTAL $65.00 6221 9/27/2022 ROBYN A BECKWITH INDOOR PLANT MAINTENANCE (AUG) FY 22-23 100510 55300 $255.00 9/27/2022 ROBYN A BECKWITH INDOOR PLANT MAINTENANCE (AUG) FY 22-23 100620 52320 $355.00 CHECK TOTAL $610.00 6222 9/27/2022 JOHN E BISHOP INSTRUCTOR PAYMENT - KARATE - SUM 22 100520 55320 $270.00 CHECK TOTAL $270.00 6223 9/27/2022 BRIAN MARTINEZ PHOTOGRAPHY FOR TOWN CENTER CHARRETTTE 100240 54900 $1,200.00 CHECK TOTAL $1,200.00 6224 9/27/2022 BULLSEYE TELECOM INC ANALOG CITYWIDE PHONE SYSTEM - SEPT 2022 100230 52200 $1,884.51 CHECK TOTAL $1,884.51 6225 9/27/2022 CALIFORNIA COOKOUT, INC CATERING SENIOR DANCE 22-23 100520 55310 $1,237.06 CHECK TOTAL $1,237.06 6226 9/27/2022 CANNON CORPORATION PLAN CHECK - 2500 CROW FOOT LANE 100 22109 $970.61 9/27/2022 CANNON CORPORATION PLAN CHECK - 2500 CROW FOOT LANE 100 22109 $347.00 CHECK TOTAL $1,317.61 6227 9/27/2022 CDW GOVERNMENT APC UPS REPLACEMENT BATTERIES (12) 100230 51200 $717.49 CHECK TOTAL $717.49 6228 9/27/2022 CODING MINDS INC INSTRUCTOR PAYMENT - COMPUTER 100520 55320 $792.00 CHECK TOTAL $792.00 6229 9/27/2022 COLLICUTT ENGERGY SERVICES INC CITY HALL GENERATOR MONITORING - FY 22-23 100620 52320 $301.13 5.2.b Packet Pg. 21 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $301.13 6230 9/27/2022 DAPEER ROSENBLIT & LITVAK LLP CITY PROSECUTOR-CODE ENFORCEMENT-JULY 2022 100120 54024 $18.25 9/27/2022 DAPEER ROSENBLIT & LITVAK LLP CITY PROSECUTOR-CODE ENFORCEMENT-AUGUST 2022 100120 54024 $773.95 CHECK TOTAL $792.20 6231 9/27/2022 DAVID EVANS AND ASSOCIATES INC LANDSCAPE PLAN CHG SVCS - 5/29- 6/25/22 100 22107 $552.50 9/27/2022 DAVID EVANS AND ASSOCIATES INC LANDSCAPE PLAN CHG SVCS - 5/29- 6/25/22 100 22107 $737.50 9/27/2022 DAVID EVANS AND ASSOCIATES INC LANDSCAPE PLAN CHECK-6/26 THRU 7/30/22 100 22107 $44.00 9/27/2022 DAVID EVANS AND ASSOCIATES INC LANDSCAPE PLAN CHECK-6/26 THRU 7/30/22 100 22107 $347.00 CHECK TOTAL $1,681.00 6232 9/27/2022 CAROL A DENNIS T&T MINUTES TRANSCRIPTION - JUL 2022 100610 54900 $250.00 9/27/2022 CAROL A DENNIS PC MINUTES TRANSCRIPTION 8/23/22 100410 54900 $25.00 9/27/2022 CAROL A DENNIS PC MINUTES TRANSCRIPTION 9/13/22 100410 54900 $100.00 CHECK TOTAL $375.00 6233 9/27/2022 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $160.00 9/27/2022 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $288.00 CHECK TOTAL $448.00 6234 9/27/2022 DMPR 4 LLC STORAGE UNITS FOR OCT. 2022 100130 52302 $959.00 CHECK TOTAL $959.00 6235 9/27/2022 ECS IMAGING INC ANNUAL MAINTENANCE/SUPPORT - LASERFICHE FY 22-23 100230 52314 $15,619.00 CHECK TOTAL $15,619.00 6236 9/27/2022 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-7/27/22 PC AGENDA TO CITY ATTY 100410 52170 $24.05 9/27/2022 EXPRESS MAIL CORPORATE ACCOUNT NEXTDAY MAIL-7/27/22 PC STAFF RPT- 20221 DAMIETTA 100 22107 $23.50 9/27/2022 EXPRESS MAIL CORPORATE ACCOUNT NEXTDAY MAIL-7/27 PCSTAFF RPT 2 APPL-20221 DAMIETT 100 22107 $23.50 CHECK TOTAL $71.05 5.2.b Packet Pg. 22 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6237 9/27/2022 EXTERIOR PRODUCTS CORP LIGHTING MAINT (DBC & PARKS) FY 22- 23 100510 52320 $194.59 9/27/2022 EXTERIOR PRODUCTS CORP LIGHTING MAINT (DBC & PARKS) FY 22- 23 100630 52320 $3,476.19 CHECK TOTAL $3,670.78 6238 9/27/2022 FEHR & PEERS ON-CALL TRAFFIC-VARIOUS PROJECTS - MAY 2022 100615 54410 $1,823.85 9/27/2022 FEHR & PEERS ON-CALL TRAFFIC - VARIOUS PROJECTS APR 2022 100615 54410 $1,762.43 9/27/2022 FEHR & PEERS ON-CALL TRAFFIC - VARIOUS PROJECTS JUN 2022 100615 54410 $13,688.34 CHECK TOTAL $17,274.62 6239 9/27/2022 GARY TOSHIHIKO BUSTEED STIPEND T&T MTG MAR&MAY 2022 100610 52525 $90.00 9/27/2022 GARY TOSHIHIKO BUSTEED STIPEND T&T MTG - JUL 2022 100610 52525 $45.00 CHECK TOTAL $135.00 6240 9/27/2022 GERALDINE KELLER INSTRUCTOR PAYMENT - ART - SUM 22 100520 55320 $120.00 CHECK TOTAL $120.00 6241 9/27/2022 GRAFFITI CONTROL SYSTEMS GRAFFITI ABATEMENT-AUGUST 2022 100430 55540 $2,975.00 CHECK TOTAL $2,975.00 6242 9/27/2022 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (AUG) FY 22-23 100630 55505 $2,660.70 9/27/2022 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (AUG) FY 22-23 100510 55505 $5,864.40 9/27/2022 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (AUG) FY 22-23 100620 52320 $9,474.25 CHECK TOTAL $17,999.35 6243 9/27/2022 H & L CHARTER CO INC COMM EXCURSION HOLLYWOOD BOWL 206520 55310 $1,042.60 9/27/2022 H & L CHARTER CO INC SENIOR EXCURSION FANTASY SPRINGS 206520 55310 $1,325.34 CHECK TOTAL $2,367.94 6244 9/27/2022 HDL COREN & CONE CONTRACT SVCS - PROPERTY TAX JUL- SEPT 2022 100210 54010 $3,506.69 CHECK TOTAL $3,506.69 6245 9/27/2022 HEART CHAN INSTRUCTOR PAYMENT - YOGA - SUM 22 100520 55320 $336.00 5.2.b Packet Pg. 23 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $336.00 6246 9/27/2022 HEATHER JEN CHANG CONTRACT CLASS- ART CLASSES 100520 55320 $1,860.00 CHECK TOTAL $1,860.00 6247 9/27/2022 HINDERLITER DE LLAMAS & ASSOCIATES CONTRACT SVCS - SALES TAX JUL-SEPT 2022 100210 54010 $209.47 9/27/2022 HINDERLITER DE LLAMAS & ASSOCIATES CONTRACT SVCS - SALES TAX JUL-SEPT 2022 100210 54900 $900.00 CHECK TOTAL $1,109.47 6248 9/27/2022 HODGMAN ENTERPRISES PET CANVASSING MAILER 100310 53510 $475.00 CHECK TOTAL $475.00 6249 9/27/2022 HOME DEPOT CREDIT SERVICES PARKS & BUILDING MAINTENANCE SUPPLIES FY 22-23 100655 51200 $17.42 9/27/2022 HOME DEPOT CREDIT SERVICES PARKS & BUILDING MAINTENANCE SUPPLIES FY 22-23 100630 51200 $196.40 CHECK TOTAL $213.82 6250 9/27/2022 HUMANE SOCIETY OF POMONA VALLEY INC ANIMAL CONTROL SERVICES - JULY 2022 100340 55404 $30,615.00 9/27/2022 HUMANE SOCIETY OF POMONA VALLEY INC IVHS ANIMAL CONTROL SERVICES - AUG. 2022 100340 55404 $31,344.00 CHECK TOTAL $61,959.00 6251 9/27/2022 JACKSON'S AUTO SUPPLY/NAPA VEHICLE MAINT (TRAILER LIFT BATTERY) FY 22-23 502620 52312 $142.04 CHECK TOTAL $142.04 6252 9/27/2022 JESSE'S AUTO REPAIR INC VEHICLE MAINTENANCE (LIC 1210108) FY 22-23 502630 52312 $943.60 CHECK TOTAL $943.60 6253 9/27/2022 JOE A GONSALVES & SON INC STATE LOBBYIST-PROFESSIONAL SERVICE - OCT. 2022 100130 54900 $2,500.00 CHECK TOTAL $2,500.00 6254 9/27/2022 KENNETH L MOK STIPEND - PC MTG 8/23/22 100410 52525 $65.00 CHECK TOTAL $65.00 6255 9/27/2022 KEVIN D JONES PS - SR-57/60 ADVOCACY - JUL 2022 100615 54400 $4,000.00 CHECK TOTAL $4,000.00 6256 9/27/2022 KIM K HSIEH STIPEND T&T MTG- MAR 2022 100610 52525 $45.00 5.2.b Packet Pg. 24 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/27/2022 KIM K HSIEH STIPEND T&T MTG - JUL 2022 100610 52525 $45.00 CHECK TOTAL $90.00 6257 9/27/2022 KRIS LANTAI SENIOR DANCE BAND 22-23 100520 55310 $450.00 CHECK TOTAL $450.00 6258 9/27/2022 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT/GIS - JUL 2022 100230 52314 $50.00 CHECK TOTAL $50.00 6259 9/27/2022 LIEBE SHERI-LYN CONTRACT CLASS - DANCE CLASSES 100520 55320 $1,182.00 CHECK TOTAL $1,182.00 6260 9/27/2022 LIZA G MONTIEL SENIOR DANCE DJ 22-23 100520 55310 $350.00 CHECK TOTAL $350.00 6261 9/27/2022 LOOMIS COURIER SVCS - AUG 2022 100210 54900 $721.13 9/27/2022 LOOMIS COURIER SVCS - AUG 2022 100510 54900 $721.13 CHECK TOTAL $1,442.26 6262 9/27/2022 LOS ANGELES COUNTY SHERIFF'S DEPT FY2022-23 SHERIFF GENERAL LAW ENF. SVCS - 7/2022 100310 55400 $606,209.58 CHECK TOTAL $606,209.58 6263 9/27/2022 LOWE'S BUSINESS ACCOUNT BUILDING MAINTENANCE (PARKS) FY 22- 23 100630 52320 $388.51 CHECK TOTAL $388.51 6264 9/27/2022 MAHENDRA GARG STIPEND-PC MTG 8/23/22 100410 52525 $65.00 CHECK TOTAL $65.00 6265 9/27/2022 MANISHA SULAKHE STIPEND T&T MTG - MAR 2022 100610 52525 $45.00 9/27/2022 MANISHA SULAKHE STIPEND T&T MTG - JUL 2022 100610 52525 $45.00 CHECK TOTAL $90.00 6266 9/27/2022 MARSHA ROA GIVEAWAY SUPPLIES FOR SOTC 100240 51400 $23.64 CHECK TOTAL $23.64 6267 9/27/2022 MCE CORPORATION LANDSCAPE MAINT (LLAD'S 38, 39, 41) AUG FY 22-23 241641 55524 $4,922.61 9/27/2022 MCE CORPORATION LANDSCAPE MAINT (LLAD'S 38, 39, 41) AUG FY 22-23 239639 55524 $12,173.54 5.2.b Packet Pg. 25 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/27/2022 MCE CORPORATION LANDSCAPE MAINT (LLAD'S 38, 39, 41) AUG FY 22-23 238638 55524 $14,806.30 9/27/2022 MCE CORPORATION ADDL' LANDSCAPE MAINT (DIST 38) FY 22-23 238638 52320 $1,031.66 9/27/2022 MCE CORPORATION ADDL' LANDSCAPE MAINT (DIST 41) FY 22-23 241641 52320 $1,435.92 CHECK TOTAL $34,370.03 6268 9/27/2022 MERCURY DISPOSAL SYSTEMS INC AUGUST UNIVERSAL WASTE PICK UP- ACE HARDWARE 250170 55000 $1,311.11 CHECK TOTAL $1,311.11 6269 9/27/2022 MSNOC INC CONTRACT CLASSES - SCIENCE CAMP 100520 55320 $2,340.00 CHECK TOTAL $2,340.00 6270 9/27/2022 MV CHENG & ASSOCIATES INC CONSULTANT SVCS - FINANCE DEPT AUG 2022 100210 54900 $4,653.75 CHECK TOTAL $4,653.75 6271 9/27/2022 NETWORK PARATRANSIT SYSTEMS INC FY2022-23 DIAMOND RIDE TRANSP. SVS 07/2022 206650 55560 $13,635.40 9/27/2022 NETWORK PARATRANSIT SYSTEMS INC FY2022-23 DIAMOND RIDE TRANS SVCS - 08/2022 206650 55560 $14,615.84 CHECK TOTAL $28,251.24 6272 9/27/2022 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $294.50 CHECK TOTAL $294.50 6273 9/27/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - AUG 2022 100520 51200 $20.76 9/27/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - AUG 2022 100220 51200 $153.27 9/27/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - AUG 2022 100510 51200 $205.70 9/27/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - AUG 2022 100140 51200 $845.16 9/27/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - AUG 2022 100630 51200 $1,796.60 CHECK TOTAL $3,021.49 6274 9/27/2022 ONE TIME PAY VENDOR AJIT PATEL FACILITY REFUND 100 20202 $1,450.00 CHECK TOTAL $1,450.00 6275 9/27/2022 ONE TIME PAY VENDOR ANITA KARTAWIDJAJA PICNIC REFUND 100 20202 $100.00 CHECK TOTAL $100.00 5.2.b Packet Pg. 26 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6276 9/27/2022 ONE TIME PAY VENDOR ASHLEY YSAIS FACILITY REFUND 100 20202 $184.00 CHECK TOTAL $184.00 6277 9/27/2022 ONE TIME PAY VENDOR AYSO SOCCER PARK ROOM REFUND 100 20202 $100.00 CHECK TOTAL $100.00 6278 9/27/2022 ONE TIME PAY VENDOR BAPS FACILITY REFUND 100 20202 $200.00 CHECK TOTAL $200.00 6279 9/27/2022 ONE TIME PAY VENDOR CARMENCITA LEONOR FACILITIES REFUND 100 20202 $1,815.00 CHECK TOTAL $1,815.00 6280 9/27/2022 ONE TIME PAY VENDOR CECILIA TORRES SENIOR EXCURSION REFUND 100 20202 $55.00 CHECK TOTAL $55.00 6281 9/27/2022 ONE TIME PAY VENDOR CHOONHEE RHIM FACILITY RENTAL 100 20202 $100.00 CHECK TOTAL $100.00 6282 9/27/2022 ONE TIME PAY VENDOR CYNTHIA LAI RECREATION CLASS REFUND 100 20202 $9.00 CHECK TOTAL $9.00 6283 9/27/2022 ONE TIME PAY VENDOR DAVID LAKANI FACILITY REFUND 100 20202 $1,000.00 CHECK TOTAL $1,000.00 6284 9/27/2022 ONE TIME PAY VENDOR JEAN CHIN-HUEI SU SENIOR EXCURSION REFUND 100 20202 $20.00 CHECK TOTAL $20.00 6285 9/27/2022 ONE TIME PAY VENDOR JERRA LOPEZ RECREATION CLASS REFUND 100 20202 $102.00 CHECK TOTAL $102.00 6286 9/27/2022 ONE TIME PAY VENDOR JOSHUA GALAN FACILITY REFUND 100 20202 $1,450.00 CHECK TOTAL $1,450.00 6287 9/27/2022 ONE TIME PAY VENDOR LISA KWAN PICNIC REFUND 100 20202 $100.00 CHECK TOTAL $100.00 6288 9/27/2022 ONE TIME PAY VENDOR MANUEL BARRAZA FACILITY REFUND 100 20202 $1,250.00 CHECK TOTAL $1,250.00 6289 9/27/2022 ONE TIME PAY VENDOR MARTHA STOKES SENIOR PROGRAM REFUND 100 20202 $30.00 CHECK TOTAL $30.00 5.2.b Packet Pg. 27 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6290 9/27/2022 ONE TIME PAY VENDOR PAO-FEN HO RECREATION CLASS REFUND 100 20202 $165.00 CHECK TOTAL $165.00 6291 9/27/2022 ONE TIME PAY VENDOR PATRICK OKWANDU PICNIC REFUND 100 20202 $100.00 CHECK TOTAL $100.00 6292 9/27/2022 ONE TIME PAY VENDOR PHYLLIS LOOMIS SENIOR EXCURSION REFUND 100 20202 $160.00 CHECK TOTAL $160.00 6293 9/27/2022 ONE TIME PAY VENDOR ROSALINDA RUIZ FACILITIES REFUND 100 20202 $1,100.69 CHECK TOTAL $1,100.69 6294 9/27/2022 ONE TIME PAY VENDOR SHUHUI YANG RECREATION CLASS REFUND 100 20202 $134.00 CHECK TOTAL $134.00 6295 9/27/2022 ONE TIME PAY VENDOR SOUTHERN CALIFORNIA SOCCER OFFICIALS ASSOCIATION FACILITY REFUND 100 20202 $200.00 CHECK TOTAL $200.00 6296 9/27/2022 ONE TIME PAY VENDOR XIXI LU SENIOR EXCURSION REFUND 100 20202 $200.00 CHECK TOTAL $200.00 6297 9/27/2022 ONE TIME PAY VENDOR YOLANDA RODRIGUEZ SENIOR EXCURSION REFUND 100 20202 $55.00 CHECK TOTAL $55.00 6298 9/27/2022 ONE TIME PAY VENDOR YVONNE MEDINA RECREATION PROGRAM REFUND 100 20202 $32.25 CHECK TOTAL $32.25 6299 9/27/2022 ONE TIME PAY VENDOR ZHAOYUAN HUANG RECREATION CLASS REFUND 100 20202 $135.00 CHECK TOTAL $135.00 6300 9/27/2022 ONE TIME PAY VENDOR EDUARDO SALCIDO DJ SERVICES DBRW 100150 54900 $560.00 CHECK TOTAL $560.00 6301 9/27/2022 ONE TIME PAY VENDOR MR AND MRS PROPOS DBRW MARQUEE LETTERS 100150 54900 $255.00 CHECK TOTAL $255.00 6302 9/27/2022 OTIS ELEVATOR COMPANY WHEELCHAIR LIFT SERVICES (DBC ) FY 22-23 100510 52320 $802.44 9/27/2022 OTIS ELEVATOR COMPANY ELEVATOR SERVICES (CITY HALL) FY 22- 23 100620 52320 $6,106.92 5.2.b Packet Pg. 28 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $6,909.36 6303 9/27/2022 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINT CITY PARKS (AUG) FY 22-23 100510 55505 $5,865.00 9/27/2022 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINT CITY PARKS (AUG) FY 22-23 100630 55505 $27,411.00 CHECK TOTAL $33,276.00 6304 9/27/2022 PLANETBIDS INC ANNUAL RENEWAL - PLANTEBIDS FY 22- 23 100230 52314 $8,639.00 CHECK TOTAL $8,639.00 6305 9/27/2022 PRO1PRINT, LLC PRINTING FLYERS FOR SOTC AND DBRW 2022 100240 52110 $131.70 9/27/2022 PRO1PRINT, LLC PRINTING FLYERS FOR SOTC AND DBRW 2022 100150 54900 $149.44 CHECK TOTAL $281.14 6306 9/27/2022 PROTECTION ONE INC BURGLAR ALARM PANIC BUTTON (HERITAGE) FY 22-23 100630 52320 $201.19 9/27/2022 PROTECTION ONE INC BURGLAR ALARM MONITORING (HERITAGE) FY 22-23 100630 52320 $155.70 CHECK TOTAL $356.89 6307 9/27/2022 PROTECTION ONE INC BURGLAR ALARM (CITY HALL) FY 22-23 100620 52320 $38.29 CHECK TOTAL $38.29 6308 9/27/2022 PT EVENTS INC EQUIPMENT RENTAL FOR CONCERT SERIES 100520 55300 $3,692.33 CHECK TOTAL $3,692.33 6309 9/27/2022 PYRO COMM SYSTEMS INC FIRE ALARM TESTING (DBC) FY 22-23 100510 52320 $585.00 CHECK TOTAL $585.00 6310 9/27/2022 QUINN RENTAL SERVICES GENERATOR RENTAL FOR CONCERT SERIES 100520 55300 $1,675.36 9/27/2022 QUINN RENTAL SERVICES GENERATOR RENTAL FOR CONCERT SERIES 100520 55300 $558.46 CHECK TOTAL $2,233.82 6311 9/27/2022 RAPHAEL H PLUNKETT STIPEND T&T MTG- MAR&MAY 2022 100610 52525 $90.00 9/27/2022 RAPHAEL H PLUNKETT STIPEND T&T MTG - JUL 2022 100610 52525 $45.00 CHECK TOTAL $135.00 5.2.b Packet Pg. 29 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6312 9/27/2022 RAYMOND WALTER WOLFE STIPEND-PC MTG 8/23/22 100410 52525 $65.00 CHECK TOTAL $65.00 6313 9/27/2022 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - AUG 2022 206650 55620 ($22.50) 9/27/2022 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - AUG 2022 206650 55610 $413.90 9/27/2022 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - AUG 2022 206650 55620 $1,678.10 CHECK TOTAL $2,069.50 6314 9/27/2022 REINBERGER CORPORATION BUSINESS CARD FOR BUILDING & SAFETY 100140 52110 $173.01 9/27/2022 REINBERGER CORPORATION BUSINESS CARDS FOR PARKS & REC 100140 52110 $173.01 CHECK TOTAL $346.02 6315 9/27/2022 SAN GABRIEL CONSERVATION CORP 7/23 SHREDDING EVENT 250170 55000 $360.00 9/27/2022 SAN GABRIEL CONSERVATION CORP 8/27 SHREDDING EVENT 250170 55000 $540.00 CHECK TOTAL $900.00 6316 9/27/2022 SAN GABRIEL VALLEY CITY MANAGER'S ASSOCIATION SGVCMA LUNCH MEETING ON SEPT 21, 2022 100130 52410 $35.00 CHECK TOTAL $35.00 6317 9/27/2022 SC FUELS FLEET VEHICLE FUEL (AUG 2ND HALF) FY 22-23 502130 52330 $48.16 9/27/2022 SC FUELS FLEET VEHICLE FUEL (AUG 2ND HALF) FY 22-23 502430 52330 $123.71 9/27/2022 SC FUELS FLEET VEHICLE FUEL (AUG 2ND HALF) FY 22-23 502620 52330 $131.42 9/27/2022 SC FUELS FLEET VEHICLE FUEL (AUG 2ND HALF) FY 22-23 502655 52330 $944.52 9/27/2022 SC FUELS FLEET VEHICLE FUEL (AUG 2ND HALF) FY 22-23 502630 52330 $1,006.62 9/27/2022 SC FUELS FLEET VEHICLE FUEL (SEPT PT. 2) FY 22-23 502130 52330 $55.88 9/27/2022 SC FUELS FLEET VEHICLE FUEL (SEPT PT. 2) FY 22-23 502620 52330 $68.84 9/27/2022 SC FUELS FLEET VEHICLE FUEL (SEPT PT. 2) FY 22-23 502430 52330 $218.48 9/27/2022 SC FUELS FLEET VEHICLE FUEL (SEPT PT. 2) FY 22-23 502655 52330 $688.80 9/27/2022 SC FUELS FLEET VEHICLE FUEL (SEPT PT. 2) FY 22-23 502630 52330 $1,013.51 CHECK TOTAL $4,299.94 5.2.b Packet Pg. 30 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6318 9/27/2022 SCMAF CONTRACT CLASS INSURANCE SPRING & SUMMER 100520 55320 $691.00 CHECK TOTAL $691.00 6319 9/27/2022 SIMPSON ADVERTISING INC DONT EMBARRASS YOUR PET FLYER 100240 54900 $395.00 CHECK TOTAL $395.00 6320 9/27/2022 SOCIAL VOCATIONAL SERVICES LITTER AND WEED REMOVAL (ROW) AUG FY 22-23 100645 55528 $3,113.00 CHECK TOTAL $3,113.00 6321 9/27/2022 SPECTRUM BUSINESS CABLE TV/INTERNET SERVICE - DBC 8/30/22 100230 54030 $127.14 CHECK TOTAL $127.14 6322 9/27/2022 STAY GREEN INC LANDSCAPE MAINT SVCS (CITY HALL) AUG FY 22-23 100620 52320 $1,053.00 9/27/2022 STAY GREEN INC LANDSCAPE MAINT SVCS (CITY HALL) JUL/AUG FY 22-23 100620 52320 $126.00 CHECK TOTAL $1,179.00 6323 9/27/2022 SUJEONG KIM INSTRUCTOR PAYMENT - MUSIC - JULY 22 100520 55320 $888.00 CHECK TOTAL $888.00 6324 9/27/2022 SURENDRA R MEHTA STIPEND T&T MTG - MAR&MAY 2022 100610 52525 $90.00 CHECK TOTAL $90.00 6325 9/27/2022 TALENTED ARTS CONTRACT CLASS -PERFORMING ARTS 100520 55320 $2,976.00 CHECK TOTAL $2,976.00 6326 9/27/2022 TEMCAL DEVELOPMENT CORP FLEET VEHICLE MAINTENANCE (JUN) FY 22-23 502655 52312 $19.99 9/27/2022 TEMCAL DEVELOPMENT CORP FLEET VEHICLE MAINTENANCE (JUN) FY 22-23 502430 52312 $29.49 9/27/2022 TEMCAL DEVELOPMENT CORP FLEET VEHICLE MAINTENANCE (JUN) FY 22-23 502630 52312 $70.25 9/27/2022 TEMCAL DEVELOPMENT CORP FLEET VEHICLE MAINTENANCE (JUN) FY 22-23 502620 52312 $204.89 CHECK TOTAL $324.62 6327 9/27/2022 THE GAS COMPANY CITY HALL (08.12.22 - 09.13.22) FY 22-23 100620 52215 $15.78 9/27/2022 THE GAS COMPANY DIAMOND BAR CENTER (08.16.22 - 09.15.22) FY 22-23 100510 52215 $253.61 5.2.b Packet Pg. 31 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $269.39 6328 9/27/2022 THE HABIT RESTAURANTS LLC FY2022-23 PUBLIC SAFETY APPRECIATION LUNCH 100310 53510 $1,713.85 CHECK TOTAL $1,713.85 6329 9/27/2022 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-PC MEETING 9/13/22-TPM 2020 BREA CYN 100 22107 $842.45 9/27/2022 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-PC MEETING-9/13/22-DR 20948 MOONLAKE ST 100 22107 $913.90 CHECK TOTAL $1,756.35 6330 9/27/2022 THE WINDMILL ADS ORGANICS AND DBRW 100150 54900 $800.00 9/27/2022 THE WINDMILL ADS ORGANICS AND DBRW 250170 54900 $800.00 CHECK TOTAL $1,600.00 6331 9/27/2022 TIMOTHY D BOWEN CONTRACT CLASSES - LEGO CAMPS 100520 55320 $1,360.80 CHECK TOTAL $1,360.80 6332 9/27/2022 TORTI GALLAS AND PARTNERS INC TOWN CENTER SPECIFIC PLAN-AUGUST 2022 103410 54900 $71,020.70 9/27/2022 TORTI GALLAS AND PARTNERS INC TOWN CENTER SPECIFIC PLAN JULY 2022 103410 54900 $76,435.44 CHECK TOTAL $147,456.14 6333 9/27/2022 TRANE SERVICE GROUP INC HVAC MAINTENANCE (DBC) FY 22-23 100510 52320 $4,992.00 CHECK TOTAL $4,992.00 6334 9/27/2022 RAYMOND MICHAEL TUCKER INSTRUCTOR PAYMENT - ART - SUM 22 100520 55320 $312.00 CHECK TOTAL $312.00 6335 9/27/2022 UNDERGROUND SERVICE ALERT OF SO CA CA STATE FEE - UNDERGROUND SERVICE ALERTS - JUL 22 100615 54410 $40.45 CHECK TOTAL $40.45 6336 9/27/2022 UNITED RECORDS MANAGEMENT INC OFF-SITE STORAGE OF BACK-UP TAPES - AUG 2022 100230 55000 $594.00 CHECK TOTAL $594.00 6337 9/27/2022 US BANK PCARD STATEMENT - AUGUST 2022 999 28100 $21,496.04 CHECK TOTAL $21,496.04 6338 9/27/2022 WALNUT VALLEY WATER DISTRICT DISTRICT 38 (AUG) FY 22-23 238638 52220 $13,338.96 5.2.b Packet Pg. 32 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/27/2022 WALNUT VALLEY WATER DISTRICT DISTRICT 41 (AUG) FY 22-23 241641 52220 $6,502.25 9/27/2022 WALNUT VALLEY WATER DISTRICT RECYCLED (AUG) FY 22-23 238638 52220 $1,327.53 9/27/2022 WALNUT VALLEY WATER DISTRICT DBC (AUG) FY 22-23 100510 52220 $607.79 9/27/2022 WALNUT VALLEY WATER DISTRICT CITY HALL (AUG) FY 22-23 100620 52220 $1,091.62 9/27/2022 WALNUT VALLEY WATER DISTRICT DISTRICT 39 (AUG) FY 22-23 239639 52220 $10,991.60 9/27/2022 WALNUT VALLEY WATER DISTRICT PARKS (AUG) FY 22-23 100630 52220 $42,922.65 CHECK TOTAL $76,782.40 6339 9/27/2022 WANSEO CHUNG INSTURCTOR PAYMENT - YOGA - SUM 22 100520 55320 $403.20 CHECK TOTAL $403.20 6340 9/27/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $287.00 9/27/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $94.43 9/27/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $155.71 9/27/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $810.38 9/27/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) FY 22- 23 100620 51200 $22.56 9/27/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $38.20 9/27/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) FY 22- 23 100620 51200 $1,273.09 CHECK TOTAL $2,681.37 6341 9/27/2022 WEST COAST ARBORISTS INC CITYWIDE TREE MAIINT (07.16 - 07.31.22) FY 22-23 100645 55522 $665.40 9/27/2022 WEST COAST ARBORISTS INC TREE MAIINTENANCE (DIST 38) FY 22-23 238638 55522 $820.65 9/27/2022 WEST COAST ARBORISTS INC CITYWIDE TREE MAIINT (08.01.22 - 08.15.22) FY22-23 100645 55522 $4,126.25 9/27/2022 WEST COAST ARBORISTS INC TREE MAINT (GRID 39) FY 22-23 239639 55522 $707.50 9/27/2022 WEST COAST ARBORISTS INC TREE MAINT (DIST 41) FY 22-23 241641 55522 $2,611.50 9/27/2022 WEST COAST ARBORISTS INC CITYWIDE TREE MAIINTENANCE - FY 22- 23 100645 55522 $438.00 CHECK TOTAL $9,369.30 6342 9/27/2022 WILDLIFE CORRIDOR CONSERVATION AUTH 2022-2023 ANNUAL CONTRIBUTION 100130 52400 $500.00 5.2.b Packet Pg. 33 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $500.00 6343 9/27/2022 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 2631 ROCKY TRAIL ROAD 100 22109 $420.00 CHECK TOTAL $420.00 6344 9/27/2022 WILLIAM AUSTIN RAWLINGS STIPEND-PC MTG 8/23/22 100410 52525 $65.00 CHECK TOTAL $65.00 6345 9/27/2022 WOODRUFF SPRADLIN & SMART LEGAL FEES - AUGUST 2022 100120 54020 $51.60 9/27/2022 WOODRUFF SPRADLIN & SMART LEGAL FEES - AUGUST 2022 100120 54020 $258.00 9/27/2022 WOODRUFF SPRADLIN & SMART LEGAL FEES - AUGUST 2022 100120 54020 $361.20 9/27/2022 WOODRUFF SPRADLIN & SMART LEGAL FEES - AUGUST 2022 100120 54020 $1,290.00 9/27/2022 WOODRUFF SPRADLIN & SMART LEGAL FEES - AUGUST 2022 100120 54020 $1,341.60 9/27/2022 WOODRUFF SPRADLIN & SMART LEGAL FEES - AUGUST 2022 100120 54020 $3,147.60 9/27/2022 WOODRUFF SPRADLIN & SMART LEGAL FEES - AUGUST 2022 100120 54020 $4,516.19 CHECK TOTAL $10,966.19 6346 9/27/2022 YOUTH EVOLUTION ACTIVITIES CONTRACT CLASS-YOUTH SPORT INSTRUCTOR 100520 55320 $3,768.60 CHECK TOTAL $3,768.60 6347 9/27/2022 YUNEX LLC TS MAINT/REPAIR - DBB/SUNSET CROSSING (NO INS) 207650 55536 $16,775.00 9/27/2022 YUNEX LLC TS MAINT/REPAIR-WIRING - DBB/GOLDEN SPRINGS 207650 55536 $1,545.00 9/27/2022 YUNEX LLC TS MAINT/REPAIR-ISNS @ GRAND- LAVENDAR 207650 55536 $975.00 9/27/2022 YUNEX LLC TS MAINT/REPAIR - GRAND/SUMMITRIDGE ISNS 207650 55536 $2,895.00 9/27/2022 YUNEX LLC TS MAINT/REPAIAR - BCR/SR-60 CABINET REPLACEMENT 207650 55536 $13,975.00 9/27/2022 YUNEX LLC TS MAINT/REPAIR - DBB/BREA CANYON ROAD 207650 55536 $3,145.00 9/27/2022 YUNEX LLC TS MAINT - DBB/BCR- FURN/INSTALL DECOR PLATE COVER 207650 55536 $5,045.80 9/27/2022 YUNEX LLC ANNUAL SUPPORT - ATCS (SCOOT) FY 22-23 207650 52314 $30,150.00 CHECK TOTAL $74,505.80 5.2.b Packet Pg. 34 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT GRAND TOTAL $1,368,100.09 5.2.b Packet Pg. 35 Agenda #: 5.3 Meeting Date: October 4, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONSIDERATION TO EXTEND A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19). STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Adopt Resolution No. 2022-51 extending the Declared Local Emergency regarding Novel Coronavirus (COVID-19). FINANCIAL IMPACT: The continuation of the declared local emergency is necessary to ensure access to reimbursement for related costs in response to COVID-19. The City has submitted a Request for Public Assistance with California Office of Emergency Services (CalOES) to seek reimbursement for all eligible COVID-19 related expenses. BACKGROUND: The rapid global spread of Novel Coronavirus (COVID-19) has resulted in unprecedented actions by Federal, State, County and local agencies, as well as private individuals and businesses, to help combat the community spread of the virus. While significant improvements in public health and vaccinations have decreased case counts and the positivity rate, it is necessary to continue the declaration to ensure eligibility for current and future funding. On March 4, 2020, the Los Angeles County Board of Supervisors declared a State of Emergency and the Los Angeles County Public Health Officials declared a Local Health Emergency. Since that time, numerous actions have been, and continue to be taken, at the Federal, State and County levels to implement far reaching measures that include Stay at Home Orders, prohibit gatherings of any size, require closure of a wide range of businesses, schools, colleges, public facilities, cancellation of large community and sporting events, and other limitations all aimed at slowing the community spread of the 5.3 Packet Pg. 36 virus. At the time the City Council declared a local emergency on March 19, 2020, LA County Public Health Officials reported (as of March 18, 2020) 190 confirmed cases (including 2 in Diamond Bar), with one death in the County. As of September 28, 2022, there were 3,451,726 confirmed cases and 33,576 deaths reported in Los Angeles County (including 12,046 cases and 119 deaths in Diamond Bar). Updated numbers will be provided for the Resolution at the meeting. On January 25, 2021, Governor Newsom canceled the Regional Stay Home Order that tied restrictions to available ICU capacity state-wide. On June 15, 2021, Governor Newsom retired the Blueprint for a Safer Economy Program and eliminated the need for social distancing or capacity limits on businesses and other activities, with a few exceptions. While conditions improved in early 2021, since the June 15 reopening COVID-19 case counts and hospitalizations have increased especially for unvaccinated persons. The increasing case count that was initially fueled by the Delta variant, and the winter surge fueled by the Omicron variant, has now been replaced by the BA.5 variant that is now the dominate variant in the US according the CDC, and is present in LA County. The Council is being asked to continue the Local State of Emergency (Attachment 1) regarding the COVID-19 pandemic, which was last adopted by Council in August as is required every 60 days during the existence of the local emergency. The City Manager, as the Emergency Services Director for the City, also intends to continue the activation of the Emergency Operations Center at the lowest level (Level 3) to be able to provide enhanced communications with LA County Emergency Operations Center (already activated), and with LA County Sheriff and Fire personnel to monitor and respond to essential service requests that may be needed throughout the City. ANALYSIS: The City has taken extraordinary actions and precautions to help protect residents, businesses and our workforce from community spread of COVID-19. The City transitioned to online service delivery and recreation programming to better serve the public, and has expanded service delivery options to include telephone, video, and in- person appointments. City Operations: • City facilities welcomed back the public for in-person services Monday through Friday during regular operating hours. This is in addition to the continued availability of telephone, video calls and on-line appointment-based services offered at City Hall such as building, planning, public works/engineering, as well as transit passes, Diamond Ride identifications, and environmental services. In early January 2022, City Hall and Diamond Bar Center limited operating hours to appointment only services due to increasing COVID case counts as a result of the Omicron variant. Full services have since been restored. • City playgrounds, skate park, ball fields, tennis/pickleball courts, 5.3 Packet Pg. 37 Basketball/volleyball courts, picnic shelters, trails, and dog park are operating following Public Health guidance. • City Staff continue to work both in-person and remotely in order to better serve the public through the variety of in-person, telephone, and video appointment options. • Hybrid in-person/teleconferencing City Council and Commission meetings are currently being held. • Street sweeping parking enforcement resumed in January 2021. Recreation & Special Events Update: • Recreation programs are being expanded, with programming following current County Public Health guidance. Updated information is on the City website. • Community in-person special events returned with Concerts in the Park during summer 2021 and have continued throughout 2022. The goal is to continue other planned events now that public health guidance is being modified to allow for more flexible in-person programming, with adjustments based on current County Public Health Guidance. • Field allocations for youth sports organizations are following City policies and in accordance with LA County Public Health. • Senior programming activities are being expanded following Public Health Guidance. Adjustments to City Hall and the Diamond Bar Center operations were initiated which include: • City Hall operating hours include appointment services, in-person drop-in services, as well as expanded on-line service offerings. • Diamond Bar Center operating hours will be adjusted as needed for programming and rentals. • Staff will continue to work hybrid work schedules, which include in-person and remote work when possible. • Per the latest County Health Order, indoor mask wearing is optional but could change depending upon future trends. The City will continue to monitor conditions, especially transmission rates and hospitalizations. There remains a possibility that additional unpredictable variants in the future may require integrated public health measures. The City continues to encourage all residents and children that are eligible to get vaccinated and boosted to help keep 5.3 Packet Pg. 38 the community spread of COVID-19 in check, including those under five now eligible to be vaccinated. Additional information is available on the County Public Health and City websites. LEGAL REVIEW: City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.3.a Resolution No. 2022-51 Emergency Declaration 10-4-2022 5.3 Packet Pg. 39 RESOLUTION NO. 2022-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) WHEREAS, the Emergency Services Act (Government Code sections 8550 et seq.), and in particular California Government Code sections 8630, et seq. thereof, and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, provide that the City Council may proclaim the existence of a local emergency when the City of Diamond Bar is affected or likely to be affected by public calamity; and WHEREAS, the City Council has been requested by the City Manager as the Director of Emergency Services to proclaim the existence of a local emergency in the City of Diamond Bar; and WHEREAS, COVID-19 has spread globally to over 192 countries, infecting more than 616,292,698 persons and killing nearly 6,540,301 individuals worldwide. As of September 27, 2022 there were nearly 96,165,319 cases in the United States with more than 1,057,298 deaths, including 3,451,726 cases and 33,576 deaths in Los Angeles County (12,046 cases and 119 deaths in Diamond Bar) related to COVID-19. Due to the expanding list of countries with widespread transmission of COVID-19, increasing travel alerts and warnings for countries experiencing sustained or uncontrolled community transmission issued by the Centers for Disease Control and Prevention (“CDC”), the significant number of cases and deaths from COVID-19 still occurring in the United States, California, and Los Angeles County, COVID-19 has created conditions that are likely to be beyond the control of local resources and require the combined forces of other political subdivisions to combat; and WHEREAS, on February 26, 2020, the CDC confirmed the first possible case of community transmission of COVID-19 in the United States. On March 4, 2020, the Health Officer of Los Angeles County determined that there is an imminent and proximate threat to the public health from the introduction of COVID-19 in Los Angeles County and declared a Local Health Emergency and the Los Angeles County Board of Supervisors concurrently proclaimed the existence of a local emergency for the County of Los Angeles; and WHEREAS, on March 4, 2020, Governor Newsom of the State of California declared a State of Emergency in response to the COVID-19 (Corona Virus Disease 19); and WHEREAS, on March 11, 2020 the World Health Organization (WHO) publicly characterized COVID-19 as a global pandemic; and WHEREAS, on March 12, 2020 Governor Newsom of the State of California issued Executive Order N-25-20 in a further effort to confront and contain COVID-19 that among 5.3.a Packet Pg. 40 Resolution No. 2022-51 2 other things, required residents of California to follow orders and guidance of local public health officials, including following social distancing requirements and suspended certain provision of the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing; and WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continue spread and the effects of COVID-19; and WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33- 20 mandating that residents stay at home while carving out exceptions for workers in specified federal critical infrastructure sectors; and WHEREAS, the State of California and numerous other public and private organizations have announced the cancellation or postponement of all events where social distancing cannot be reasonably achieved; and WHEREAS, the City's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to COVID-19; and WHEREAS, the Diamond Bar City Council adopted Resolution 2020-04 on March 19, 2020, proclaiming the existence of a local emergency in response to the COVID-19 public health emergency; and WHEREAS, on June 15, 2021, the Governor retired the Blueprint for a Safer Economy, phasing out the majority of executive actions put in place since March 2020, including elimination of social distancing requirements and occupancy limitation, with a few exceptions, but leaving in place many other executive orders and declaration of emergency; and WHEREAS, the Diamond Bar City Council subsequently adopted Resolution Nos. 2020-12, 2020-22, 2020-38, 2020-41, 2021-01, 2021-06, 2021-14, 2021-32, 2021-47, 2021-56, 2022-07, 2022-15, 2022-35, and 2022-46 extending the local emergency due to the continued existence of a local emergency; and WHEREAS, the Diamond Bar City Council must review the local emergency at least once every 60 days to determine the need for continuing the local emergency until its termination by the Diamond Bar City Council. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that as authorized by Government Code section 8630 and Diamond Bar Municipal Code section 8.00.050, the City Council proclaims that as defined in Government Code section 8558 and Section 8.00.020 of the Diamond Bar Municipal Code, a “local emergency” continues to exist throughout the City of Diamond Bar, which proclamation is based on the following findings by the City Council: 5.3.a Packet Pg. 41 Resolution No. 2022-51 3 1. That the above recitals are true and correct and based thereon, hereby finds that the spread and potential further spread of COVID-19 constitutes a situation that severely impairs the public health and safety, and constitutes conditions of extreme peril to the safety of persons and property within the City of Diamond Bar; 2. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Diamond Bar; and 3. That the conditions of extreme peril warrant and necessitate the extension of the proclamation of the existence of a local emergency. IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the threatened existence and actual existence of the local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, by ordinances and resolutions of the City and approved by the City Council. IT IS FURTHER PROCLAIMED AND ORDERED to ensure that City vendors are paid in a timely manner, the City Manager and the City Treasurer or their designees are authorized and directed to approve the claims and demands, make payments thereon, and finally to bring those claims and demands to the City Council at future meetings for ratification of the payments made. IT IS FURTHER PROCLAIMED AND ORDERED in accordance with Assembly Bill 361, it is the present intent of the City Council to conduct hybrid council meetings in which the City Council, staff and the public can either attend in person or via teleconferencing and other electronic means to afford council members, staff and members of the public the ability to implement recommended social distancing and otherwise provide for their own safety, while still proceeding with the efficient handling of the City’s business, while providing opportunities for public participation. IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Director of California Governor’s Office of Emergency Services requesting that the Director find it acceptable in accordance with State law that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Diamond Bar; that the Governor waive regulations that may hinder response and recovery efforts; that response and recovery assistance be made available under the California Disaster Assistance Act and the Stafford Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. IT IS FURTHER PROCLAIMED AND ORDERED that the proclamation of a local emergency shall be reviewed at least once every 60 days until its termination is proclaimed by the City Council of the City of Diamond Bar, State of California. 5.3.a Packet Pg. 42 Resolution No. 2022-51 4 PASSED, APPROVED AND ADOPTED this 4th day of October, 2022. CITY OF DIAMOND BAR ___________________________ Ruth M. Low, Mayor ATTEST: I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 4th day of October, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ___________________________ Kristina Santana, City Clerk 5.3.a Packet Pg. 43 Agenda #: 5.4 Meeting Date: October 4, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AWARD OF PUBLIC WORKS AGREEMENT TO DD SYSTEMS, INC., AND SECOND AMENDMENT TO MICHAEL BAKER INTERNATIONAL, AND FIRST AMENDMENT TO RICHARD FISHER ASSOCIATES CONSULTANT SERVICE AGREEMENTS FOR THE CANYON LOOP TRAIL IMPROVEMENT PROJECT (FP17500). STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Approve, and authorize the Mayor to sign a Construction Agreement with DD, Systems, Inc. (DD) in the amount of $674,377.50, plus a contingency amount of $101,156 for contract change orders, if any, to be approved by the City Manager, for a total authorization amount of $775,533.50; B. Approve, and authorize the Mayor to sign a Second Amendment with Michael Baker International (MBI) for construction support services in the amount of $32,640 for a total not to exceed amount of $207,621; C. Approve, and authorize the Mayor to sign the First Amendment with Richard Fisher Associates (RFA) for construction support services in the amount of $12,948.39 for a total not to exceed amount of $81,639.39; D. Appropriate $87,000 from Measure W Fund (Fund 201) Fund Balance to the Canyon Loop Trail CIP Project; and E. Appropriate $523,623 from General Fund (Fund 100) Fund Balance to the Canyon Loop Trail CIP Project. FINANCIAL IMPACT: The City has spent approximately $250,000 for project design, specifications, and environmental review with general fund dollars to date. Available funding for 5.4 Packet Pg. 44 construction is included in the FY 2022/23 CIP budget (No. FP17500) in the amount of $500,500. Additional resources in the amount of $610,623 will be necessary to complete the construction phase of the project. As indicated in the table below, an additional appropriation in the amount of $87,000 from Measure W fund balance, and an additional appropriation in the amount of $523,623 from General Fund balance is recommended: Canyon Loop Trail Project CIP No. FP17500 - CONSTRUCT FY 2022/23 Budgeted Appropriations General Fund - Design Available Balance $15,000 Habitat Conservation Fund $267,500 Measure A Fund $185,000 Measure W Fund $33,000 Total Avail. FY 2022/23 CIP Const. Budget $500,500 Less Recommended Construction Services: DD Systems, Inc Construction Contract $(674,378) DD Systems, Inc Constr. Contingency (15%) $(101,156) MBI Construction Support Services $(32,640) RFA Construction Support Services $(12,949) Testing and Inspection Services $(15,000) Mitigation and Restoration (5 Year Plan) $(275,000) Subtotal $(1,111,123) Available CIP Const. Budget/(Shortfall) $(610,623) Proposed Additional Measure W Resources $87,000 Proposed Additional General Fund Resources $523,623 Subtotal Additional Resources Needed $610,623 Total Proposed FY 2022/23 CIP Const. Budget $1,111,123 These cost estimates include mitigation and restoration planning in order to restore and enhance the native habitat that may be disturbed during construction. Per the Habitat Mitigation and Monitoring Program, the plan would be a requirement of the project. Although a consultant has not been identified, City Council will be provided a contract for consideration during construction. It is expected the majority of the $275,000 mitigation and restoration budget will be spent in the first two to three years of construction and will require labor and materials for plant establishment and irrigation. The 15% contingency amount of $101,156 for DD Systems, Inc. will only be used in the event of unforeseen circumstances that warrant a contract change order. BACKGROUND/DISCUSSION: 5.4 Packet Pg. 45 The Canyon Loop Multi-Use Trail is identified in the Trails Master Plan as opportunity to improve and enhance the Diamond Bar trails system. The Canyon Loop Multi-Use Trail is about 1.29-mile long and starts at the top of the stairs connecting westerly with the existing northerly Canyon Loop Trail to close the loop at the easterly end. Renovations to this trail will connect the loop with the current northerly Canyon Loop Trail, improve drainage to minimize erosion of the trail, enhance use of the trail where the gradients are particularly steep, re-grade cross slopes, and improve pathways at the steps. Other amenities that will be constructed include development of rest areas with benches, shade shelters, new climbing steps with adjacent cobblestones swale channelization, and water diverting improvements where necessary. In addition, the trail improvements will reward hikers with a great 360-degree view of the surrounding open space area from the top. In 2019, the City Council approved a Consulting Services Agreement with Richard Fisher Associates (RFA) to design Canyon Loop Trail Improvement Project. The plans and specifications were approved at the June 21, 2022 City Council meeting with the adoption of Resolution No.2022-39. During that time the City Council also approved a Consulting Services Agreement with Michael Baker International on May 5, 2020 to prepare necessary environment studies and CEQA documents which have included an Initial Study/Mitigated Negative Declaration, Rare Plant Surveys, and the Habitat Mitigation and Monitoring Program (HMMP). The City Council adopted the Mitigated Negative Declaration on February 2, 2021. The HMMP will serve as the City’s guide over the next five years to ensure native habitats that may have been disturbed during construction are reestablished, maintained, and flourish. This program included thorough review and approval of both the US Fish and Wildlife Service and CA Fish and Wildlife. Award of Contract for Construction On August 5, 2022, the City advertised the Project in order to solicit/receive bids from qualified contractors. By the due date of September 8, 2022, four qualified bids were received, as follows: Contractor Base Bid DD Systems, Inc. $674,377.50 Aguilar & Calderon Corporation $797,392.30 RE Schultz Construction, Inc. $812,768.00 C.S. Legacy Construction $1,192,531.00 The engineer’s estimate was $464,000. Staff evaluated all the bid proposals and discussed the lowest bid proposal with DD System, Inc. The low bidder verified and confirmed that it is ready, willing, and able to do the Project for the submitted bid price amount. Staff has verified that DD Systems, Inc. holds a valid contractor license and 5.4 Packet Pg. 46 maintains a reputable experience with similar projects. The project schedule is tentatively set as follows: Award of Contract October 4, 2022 Construction Start October 10, 2022 Construction Completion January 2023 Michael Baker International has partnered with the City through the entire environmental review process including preparation of important components such as the Initial Study/CEQA review, Rare Plant Survey, Mitigated Negative Declaration, and Habitat Monitoring and Mitigation Plan. As the construction phase begins, the proposed Amendment to the Agreement with Michael Baker International will ensure this project complies with all mitigation and restoration requirements by providing the needed biological review and compliance monitoring services. Richard Fisher Associates has provided landscape design services for this project since 2019 and consistently provided support and design modifications during the many alternations to this project while considering all native habitats. Richard Fisher Associates has exceptional knowledge of this location and designed subtle, yet needed improvements focused on safety, the natural habitat, and several new amenities. As the construction phase begins, the proposed Amendment to the Agreement with Richard Fisher Associates will provide needed construction support services, including additional inspection control services to manage this unique project. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreements as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.4.a DD Systems Inc. Agreement 2. 5.4.b Michael Baker International, Inc. Agreement; 2nd Amendment 3. 5.4.c Richard Fisher Associates Agreement; 1st Amendment 4. 5.4.d Canyon Loop Trail Site Map 5.4 Packet Pg. 47 1722038.1 1 PUBLIC WORKS AGREEMENT The following agreement ("Agreement") is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between DD Systems Inc. hereinafter referred to as the "Contractor" and the City of Diamond Bar, California, hereinafter referred to as "City." WHEREAS, City received Contractor’s bid on September 8, 2022; and WHEREAS, City accepted the bid of Contractor; and 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 Canyon Loop Trail Improvement in the City (the “Work”). The Work to be performed in accordance with the plans dated June 1, 2022 (the “Plans”) on file with the City and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City’s Project Manager, who is Ryan Wright, Parks and Recreation Director, 909-839-7061. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY/PRIORITY OF DOCUMENTS: The Plans are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans, Contractor’s bid dated September 8, 2022 (“Contractor’s Bid”) together with this Agreement shall constitute the entire agreement between the parties. This Agreement 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 this Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the following order of precedence shall apply: (1) this Agreement; (2) the Plans; and (3) Contractor's Bid (collectively, the “Contract Documents”). 3. COMPENSATION: Contractor agrees to receive and accept the prices set forth in its Contractor’s Bid as full compensation for furnishing all materials, performing all Work, and fulfilling all obligations hereunder. Said compensation in the amount of six hundred seventy-four thousand, three hundred and seventy-seven dollars and fifty cents. ($674,377.50) 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 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. Final payment to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3. 5.4.a Packet Pg. 48 1722038.1 2 4. TERM OF AGREEMENT/LIQUIDATED DAMAGES: Contractor agrees to complete the work within sixty (60) working days from the date of the notice to proceed (the “Completion Date”). Contractor agrees to the assessment of liquidated damages in the amount of one thousand dollars ($1,000) 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 Completion Date shall not constitute a waiver of liquidated damages 5. INSURANCE: Contractor shall not commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any sub-contractor to commence work on his sub-contract until all insurance required of the sub-contractor 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 sub-contractors 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) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile - $2,000,000 per accident for bodily injury and property damage. 3) Employer's Liability - $1,000,000 per accident for bodily injury or disease. 5.4.a Packet Pg. 49 1722038.1 3 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." 5)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 sub- contractor in performing the work provided for herein; 6)Otherwise be in form satisfactory to the City. d. The Contractor shall, prior to performing any work under this Agreement, 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. 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. Contractor shall cause a copy of such determinations to be posted at the job site. Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) 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 5.4.a Packet Pg. 50 1722038.1 4 prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any sub-contractor under him. Contractor and any of its sub-contractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015 to a person not registered. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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. 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 Contractors on the public works site are making such contributions. Contractor and any sub-contractor 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 Agreement, 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. 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 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 sub-contractors 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. 5.4.a Packet Pg. 51 1722038.1 5 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, sub- contractors 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. 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, sex, mental disability, physical disability, religion or other reason set forth in Government Code § 12940 of such person. 5.4.a Packet Pg. 52 5.4.a Packet Pg. 53 1722038.1 7 By: Title: Date: CITY OF DIAMOND BAR, CALIFORNIA By: _____________________________________ Ruth Low, MAYOR __________________________ Date ATTEST: By: _____________________________________ Kristina Santana, CITY CLERK __________________________ Date APPROVED AS TO FORM: _____________________________________ David DeBerry, CITY ATTORNEY _____________________________ Date *NOTE: If Contractor is a corporation, the City requires the following signature(s): -- The Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 9/27/22 5.4.a Packet Pg. 54 EXHIBIT “A” 5.4.a Packet Pg. 55 5.4.a Packet Pg. 56 5.4.a Packet Pg. 57 5.4.a Packet Pg. 58 5.4.a Packet Pg. 59 5.4.a Packet Pg. 60 5.4.a Packet Pg. 61 5.4.a Packet Pg. 62 5.4.a Packet Pg. 63 5.4.a Packet Pg. 64 5.4.a Packet Pg. 65 5.4.a Packet Pg. 66 5.4.a Packet Pg. 67 5.4.a Packet Pg. 68 5.4.a Packet Pg. 69 5.4.a Packet Pg. 70 5.4.a Packet Pg. 71 5.4.a Packet Pg. 72 5.4.a Packet Pg. 73 5.4.a Packet Pg. 74 5.4.a Packet Pg. 75 1722726.1 SECOND AMENDMENT TO CONSULTANT SERVICE AGREEMENT This Second Amendment to the Michael Baker International, Inc. agreement is made and entered into as of October 4, 2022, by and between the City of Diamond Bar, a municipal corporation (“City”), and Michael Baker International, Inc. (herein referred to as the “Contractor”) with reference to the following: A. The City and the Contractor entered into an Agreement dated as of May 5, 2020, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and Contractor entered into that First Amendment dated April 20, 2021 (“First Amendment”), which with the Original Agreement are collectively referred to herein as the “Agreement”. C. The City and the Contractor desire to amend the Agreement to modify, amend and supplement certain portions of the Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Work, Exhibit "A" to the Agreement, is hereby amended, modified and supplemented to include the work described on Exhibit "A" attached hereto and incorporated herein by this reference. 3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement as amended by the First Amendment was the sum of One Hundred Seventy-Four Thousand Nine Hundred Eighty-One Dollars ($174,981). The Second Amendment will provide an increase of Thirty-two thousand, six hundred forty dollars ($32,640) so that the total not-to-exceed compensation, as amended by this Second Amendment shall not exceed Two hundred seven thousand, six hundred twenty-one dollars ($207,621) without the prior authorization of the City. 4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. 5.4.b Packet Pg. 76 1722726.1 IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first above written. “CONTRACTOR” “CITY” Michael Baker International, Inc. Corporation CITY OF DIAMOND BAR *By: By: Printed Name: Ruth Low, Mayor Title: *By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk APPROVED AS TO FORM: David A. DeBerry, City Attorney *NOTE: If Contractor is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Richard Beck Vice President Darren Riegler Assistant Secretary 5.4.b Packet Pg. 77 1722726.1 EXHIBIT “A” ADDITIONAL SCOPE OF SERVICES 5.4.b Packet Pg. 78 5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707 Office: 949.472.3505 | Fax: 949.472.8373 | mbakerintl.com MBAKERINTL.COM September 12, 2022 Mr. Ryan Wright Parks and Recreation Director City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Subject: Canyon Loop Trail Improvement Project – Additional Work Request #2 Mr. Wright: Michael Baker International, Inc. (Michael Baker) is pleased to submit this Additional Work Request for continued biological services for the Canyon Loop Trail Improvement Project (project). With project construction expected to begin on October 3, 2022, Michael Baker understands that the City of Diamond Bar has requested the services of a third-party biological monitor, sometimes referred to as an “Agency Monitor,” to ensure that the project’s final Mitigation Monitoring and Reporting Program (MMRP) is adequately fulfilled. The role of the Agency Monitor is to act on behalf of the overlying jurisdiction to ensure project compliance by the construction contractor and their team. Michael Baker’s detailed scope of work is provided below. 1. Biological Review and Compliance Monitoring Michael Baker’s Senior Biologist, Ryan Winkleman, will act on behalf of the City of Diamond Bar as the City’s third-party biological monitor, hereafter referred to as the Agency Monitor. The role of the Agency Monitor will be to coordinate directly with the construction contractor and their biological monitor to ensure project compliance with the MMRP. To this end, the Agency Monitor will have the following responsibilities: To receive and review the pre-construction clearance survey report provided by the contractor’s biologist and ensure it meets the intent of the MMRP; To review, approve, and attend the project’s Worker Environmental Awareness Program (WEAP) prepared by the contractor’s biological monitor; To receive and review daily/weekly monitoring reports provided by the contractor’s biological monitor, ensure that the project is satisfying the conditions of the MMRP, and coordinate with the contractor’s biological monitor regarding potential non-compliance issues; and To periodically (at least once weekly) visit the site, interact with the contractor and contractor’s biologist, and ensure that project construction complies with the MMRP. 5.4.b Packet Pg. 79 Ryan Wright Canyon Loop Trail Improvement Project September 12, 2022 2 The Agency Monitor will provide final copies of all completed reports to the City of Diamond Bar for file once approved. Assumptions & Exclusions: Based on conversations with the City of Diamond Bar, this task assumes that construction will be completed within 60 working days, or approximately 12 weeks. This task assumes that the Agency Monitor will visit the site at least once weekly for 2 hours of roundtrip travel and up to 4 hours of on-site time per week; an additional four visits have been included to use as needed for a budgeted total of 16 site visits. This task assumes that the agency monitor will correspond and coordinate with the contractor’s biological monitor as needed. This task assumes that the contractor’s biological monitor will create daily and/or weekly monitoring reports that would be submitted to the agency monitor for review on a weekly basis. This task assumes up to 12 hours per week visiting the project site, communicating with project personnel, and reviewing biological report submittals from the construction contractor; however, labor will be billed on a time and materials basis and may be greater or less than the assumed weekly workload. A total of 144 hours have been assumed for the weekly monitoring requirements, with an additional 24 hours for the additional as-needed site visits. Should the volume of work exceed the allocated budget, an Additional Work Request will be submitted to the City of Diamond Bar for review in order to continue working under an approved contract amendment. Deliverables: No deliverables are proposed. ODC: Other Direct Costs Other direct costs include travel expenses for site visits, vehicle mileage, field supplies, food, document reproduction, and messenger/mailing services, as applicable. FEE ESTIMATE No. Task Description Fee 1 Agency Monitor $31,500.00 ODC Other Direct Costs $1,140.00 TOTAL FEE $32,640.00 5.4.b Packet Pg. 80 5.4.c Packet Pg. 81 5.4.c Packet Pg. 82 5.4.c Packet Pg. 83 2001 E. First St. Suite 160 Santa Ana, CA 92705 (714) 245‐9270 Fax (714) 245‐9275 rfisher@rfaland.com September 13, 2022 Ryan Wright Parks & Recreation Director City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, CA 91765 Subject: Proposal for Additional Professional Services for the Canyon Loop Multi-Use Trail City Project No. 25517 Dear Ryan: Richard Fisher Associates (RFA) is submitting this Proposal for Additional Professional Services for the Canyon Loop Trail enhancement project, as it has been 38 months since RFA submitted the original Proposal for Design Services for this project. In addition to more than the 3 years which have past, within this window of time; so, too, have the precise requirements for the Scope of Services for Professional Design Services; the complexity of the project; and now, our knowledge of the apparent successful Contractor to provide the construction services. As you and other involved City staff members are well-aware, the environmental issues and the mitigation procedures have mushroomed into a significant amount of field analysis, mitigation measures, the design approach to the project, and nearly a year of dormancy for our design services for this project, while the environmental assessments for this project were developed. Secondly, (and its timing being of significance) after the completion of 95% submittal of the drawings, the City made a determination that the Design Safety Factor for the Gabion Walls needed to be enhanced, and to a greater level than is the industry standard for these retention structures. This has caused a moderately-significant amount of additional engineering design work and plan preparation revisions to accomplish this new requirement, at virtually the end of the Construction Document preparation phase of this project. All of the above-described activities either already have, or will be, impacting RFA’s costs to provide professional services to the City in order to successfully accomplish this project. In the start-and-stop design work efforts over this three-year period, where following each re-start effort the design team must perform a limited amount of re-acquaintance with the project (not build into the original design services budget), and the significant modifications to nearly 100% complete Plans and Specifications to accommodate the higher gabion wall safety factor, the RFA Design Team finds itself with unbilled design fees of $8.173.39 on this project. We respectfully request that the City of Diamond Bar review this cost overrun, which was totally outside of our design team’s control, and agree to an equitable level of reimbursement of these costs. Secondly, we are obviously now moving forward into the construction phase of the Canyon Loop Trail Project. Assuming the apparent low-bidder will be awarded the construction contract for this project, RFA has had two previous park development projects in which this contractor has be the awarded bidder. Our firm’s experiences in both of these other projects proved to us that we had to provide an exceptional level of “hand-holding” and required inspection control to get these projects successfully built. We respectfully request that our Construction Support Services budget, approved in our July 2019 Consulting Services Agreement, be increased to be able to provide the level of construction support we are confident will be required to get this project constructed in compliance with the approved Construction Documents. 5.4.c Packet Pg. 84 2001 E. First St. Suite 160 Santa Ana, CA 92705 (714) 245‐9270 Fax (714) 245‐9275 rfisher@rfaland.com Therefore, we herein request the approved budget for Construction Support Services be increased from $7,925.00 to $12,100.00; an increase of $4,775.00, as we move forward into construction. For all of the above reasons, we continue to offer to the City of Diamond Bar our commitment to provide our very best talents and depth of experience to assure the highest of successes with the Canyon Loop Multi-Use Trail Project. We are available to answer any questions this supplemental Proposal has not clarified adequately. Respectfully, RICHARD FISHER ASSOCIATES Richard A. Fisher, President Registered Landscape Architect #1429 5.4.c Packet Pg. 85 5.4.d Packet Pg. 86 5.4.d Packet Pg. 87 5.4.d Packet Pg. 88 Agenda #: 5.5 Meeting Date: October 4, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONSULTING SERVICES AGREEMENT WITH TAIT AND ASSOCIATES, INC. FOR THE DESIGN OF THE GROUNDWATER DRAINAGE IMPROVEMENTS PHASE 4 & 5 - COPLEY DRIVE AND MOONLAKE STREET PROJECT (CIP NO. PW23401). STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Mayor to sign, the Consulting Services Agreement with Tait and Associates, Inc., in the amount of $104,645, plus a contingency amount of $10,465 for a total authorization amount of $115,110. FINANCIAL IMPACT: Sufficient funds are included in the FY 2022/23 Capital Improvement Program budget for this Project as follows: Groundwater Drainage Improvements-Phase 4 & 5 CIP #PW23401 Design Budget Encumbrance/ Expenses Balance Measure W $130,000 $130,000 Consultant Services for Design ($104,645) $25,355 Contingency ($10,465) 14,890 Balance $14,890 The contingency amount of $10,465 for Tait will only be used in the event of unforeseen circumstances that will warrant a contract change order. 5.5 Packet Pg. 89 BACKGROUND: In August 2015, a Citywide Comprehensive Drainage Study was prepared to analyze the cause of, and prepare a conceptual solution for, 11 locations throughout the City that had been experiencing groundwater discharge onto the public sidewalk and/or roadways, impacting vehicular and pedestrian traffic. The study analyzed all 11 locations and developed a priority list, preferred design scenarios, and projected cost of implementing each design scenario. Locations with maximum potential impacts on vehicular and pedestrian use were ranked highest in priority (see Attachment 2 - Priority List). Locations #1 through #5 were completed during Phase 1, Phase 2, Brea Canyon Cut-Off Street Rehabilitation, and Phase 3 Projects. The engineering design phase of Locations 6 and 7, Copley Drive and Moonlake Street are proposed to be completed as part of this Groundwater Drainage Improvements Phase 4 & 5 Project (Project) to be followed up with the construction phase. A Location Map for the Project is provided in Attachment 3. ANALYSIS: On July 29, 2022, a Request for Proposals (RFP) was issued inviting qualified consultants to submit proposals for the design of the Project as required for the solicitation of Professional Services by the City of Diamond Bar Purchasing Ordinance (Section 3.24.070 of the Diamond Bar City Code). In response to the City’s RFP, one (1) proposal was received for engineering design services from Tait and Associates, Inc. (Tait). While Section 3.24.070 of the City’s Purchasing Ordinance requires three (3) bids or quotes for the procurement of Professional Services, an exception can be granted pursuant to Section 3.24.090 which states the bidding requirements may be waived upon authorization of the Purchasing Manager or the City Council for the following: (a) Where sufficient or satisfactory bids cannot be reasonably obtained, making competitive bidding impossible or impractical; or (g) The bidding requirements for any other reason are specifically waived by the City Council. The RFP was posted on the City’s online bidding platform, Planetbids, for three (3) weeks to ensure firms had adequate time to review and propose. There were seven (7) prospective bidders listed, which is typical for a professional services contract. After the submittal deadline, staff reached out to the prospective bidders to determine the reason they did not propose. Many of the firms viewed the RFP with the intention of becoming a sub-consultant to the prime designer and had no intention of submitting a proposal. One firm anticipated the Project would require mostly geotechnical engineering work and assumed they could propose on it as a geotechnical firm. After further review of the RFP, they discovered the Project required more civil engineering work than they anticipated and decided not to submit a proposal. Additionally, staff reached out to the City’s on-call civil engineering consultants to gauge 5.5 Packet Pg. 90 interest in the Project. They, along with many civil engineering firms in the region, have full workloads with little room to take on new projects. The City has the option to re-bid in an attempt to acquire at least three proposals. Re- bidding does not guarantee additional firms would submit proposals and runs the risk of losing the only proposal currently valid. Consultants allocate resources based on projects in their pipeline and the City’s proposed project schedule. If the project is delayed for the purposes of rebidding, staff and equipment availability may change, which, in turn, could change a consultant’s proposed fee. Furthermore, it may no longer be in a consultant’s best interest to pursue the work altogether. For the reasons above, seeking additional bids is not recommended. Given that staff has made every reasonable effort to procure competitive bids, the City is in compliance with the Diamond Bar Purchasing Ordinance by moving forward with the current fee proposal from Tait. Tait’s proposal was reviewed and evaluated based on: 1) General responsiveness to the City’s RFP 2) Staff and firm experience with projects in similar size and scope 3) Approach/methodology 4) Hours and level of effort 5) Ability to meet the City’s schedule and expectations 6) References In consideration of the six (6) criteria mentioned above, staff concurred that the proposal from Tait meets and/or exceeds all requirements. Tait’s proposal discussed several items that will prove critical to the Project’s success, including coordination with the Los Angeles County Flood Control District to acquire connection permits should the design require connection to the storm drain system and a design that will minimize impacts to streets, sidewalks, traffic control, and trees. There is adequate budget to include Tait’s proposed alternate work items: utility potholing, as- built plan submittal, and geotechnical investigation. Utility potholing will ensure a design that does not interfere with any underground utility structures, and as-built plan submittal will provide the City with construction-accurate plans post-construction to keep as the City’s permanent record. A preliminary geotechnical investigation is critical to understand any limitations the existing soil could bring to the Project and allows the City to explore groundwater infiltration as a potential design. Additionally, Tait has already provided the design and construction administration services for Phase 1, Phase 2, and Phase 3 of the groundwater drainage improvements projects. Their experience with the successful implementation of these projects will prove valuable in foreseeing any challenges while efficiently completing the plans and specifications. Lastly, Tait was an integral part of preparing a design for the Phase 3 Project that led to the project being completed with a savings of $480,718. The Project schedule is tentatively set as follows: 5.5 Packet Pg. 91 Award of Contract October 2022 Begin Design October 2022 Complete Design February 2022 LEGAL REVIEW: The City Attorney has reviewed and approved the agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.5.a Consulting Services Agreement with Tait and Associates, Inc. 2. 5.5.b Priority List 3. 5.5.c Location Map 5.5 Packet Pg. 92 5.5.a Packet Pg. 93 5.5.a Packet Pg. 94 5.5.a Packet Pg. 95 5.5.a Packet Pg. 96 5.5.a Packet Pg. 97 5.5.a Packet Pg. 98 5.5.a Packet Pg. 99 5.5.a Packet Pg. 100 5.5.a Packet Pg. 101 5.5.a Packet Pg. 102 TAIT & Associates, Inc. Groundwater Drainage Improvements Phase 4 & 5 Page | 5 Work Plan/Scope of Work TAIT takes no exceptions to the City’s proposed scope of work. Based on our review of the City’s RFP, project site and existing records, the following is our proposed final scope of work for the City’s design contract: A. Project Kick-Off Meeting A design kick-off meeting with TAIT’s key team members, City staff, and other affected parties, will be held at the start of the project to identify clear lines of communication and review the final scope, schedule, milestones and other project details of concern. At this meeting the project’s schedule will be confirmed with the City. It is anticipated that the City will provide all pertinent record information for the existing City streets and utilities including as-built plans, record plans, CAD files and GIS files, for the project limits. Upon completion of the meetings, TAIT will also prepare meeting minutes for circulation, review and comments. Deliverables: Meeting Agenda & Minutes B. Existing Records, Field Survey, and Basemapping Research of record Information from City files will be conducted to acquire existing available design records and utility information. It is anticipated that the information collected during the research phase will be used to assist in the development of the project base maps. Deliverables: Digital Copies of Obtained Records C. Existing Records, Field Survey, and Basemapping This task includes hours required to review the site conditions for each project location to document current field conditions and review any chances that have occurred since the date of the initial report preparation. This task also includes the field survey time required to obtain topographic and aerial drone survey and storm drain invert data at each of the project locations. Survey will be on a temporary basis of bearing and benchmark, however, it will be placed on California State Plane coordination system so as to allow the correlation of an aerial drone orthographic image. Deliverables: Field Notes, Observations, & Photos, Topographic Field Survey D. Utility Research & Notification As part of our base scope of work, TAIT will prepare and distribute two utility notices to affected utility agencies. The first notice will be distributed at project inception and will notify the utilities of the project and will request records for only areas that the Utility foresees conflicts with. The second notice will be distributed to all present utilities at the 80% design completion stage and will include a reduced size plan for the utility’s review and comment. TAIT will review all obtained record data and will coordinate with utilities that may be affected in order to obtain further design and construction requirements. All utility coordination, records and data will be compiled at the end of the project and will be submitted to the City for future reference. Deliverables: Utility Notices (1st & 2nd) 5.5.a Packet Pg. 103 TAIT & Associates, Inc. Groundwater Drainage Improvements Phase 4 & 5 Page | 6 E. Drainage Improvement PS&E Upon completion of the project research and Base mapping, TAIT will initiate the preparation of the PS&E design package. D.1) Preliminary Design Analysis, Coordination, & Recommendations: As an initial task for the design process, TAIT will prepare preliminary alignments and conduct initial design conflict checks in order to implement the initial design recommendations for each project area. Initial items anticipated during the preliminary design task are as follows: • Contact and verify design and submittal requirements for LACFCD connection permit • Review field conditions and determine necessary treatment flow rate • Contact manufacturer for and verify best product for implementation • Coordinate with City/Stakeholders regarding private improvements • Check record depths for utility crossings and determine if further potholing/review will be required • Prepare preliminary design alignments and submit to City for initial review and approval D.2) Construction Drawings: Upon completion of the preliminary design and the City’s approval of the initial design concept, TAIT will initiate the preparation of the design plans. Based on our review of the RFP, the following are the anticipated plan sheets on this contract: SHEET DESCRIPTION SCALE SHEETS Title Sheet -- 1 Notes, Details, & Typical Sections -- 1 Drainage Improvement Plans 1” = 20’ H, 1” = 4’ V 2 Drainage Connection Details 1” = 20’ H, 1” = 4’ V 1 Total Sheet Count -- 5 The Drainage Improvement Plans will be prepared at a 1” = 20’ horizontal and 1” = 4’ vertical scale (when profiles are needed). Due to the fact that an LA County Flood Connection Permit will be required on this project, the plans that require connections must be in plan and profile, or have a detail that is prepared I plan and profile for the connection per the County’s formatting requirements. Stationing will be determined by roadway and existing storm drain stationing and will be depicted on the plans for connection points with elevations, and plan callouts for each construction item. Drainage improvement plans will be prepared as early as possible in order to facilitate an expedited submittal to the County for review and approval. QA/QC: Prior to each submittal, TAIT will conduct a full QA/QC per our quality assurance program described at the end of this section. Upon completion of the QA/QC review, TAIT staff will incorporate the noted comments and will begin compiling the PS&E for submittal to City. TAIT will plot, compile and deliver the noted number and format of PS&E to the City for each submittal per the RFP requirements. Deliverables: Preliminary Plans, 80% Plans, & 100% Plans 5.5.a Packet Pg. 104 TAIT & Associates, Inc. Groundwater Drainage Improvements Phase 4 & 5 Page | 7 F. Specifications: TAIT will prepare draft technical specifications for the proposed project based on the City boilerplate specifications. Each work item will have a clear measurement and payment clause in order to avoid costly change orders during the construction phase. Specifications will also include clear delineation of the traffic control requirements and parameters as well as coordination requirements with utilities. Finally, the project specifications will be reviewed by the QA/QC Manager prior to each submittal per the quality assurance program. Deliverables: 80% Specifications & 100% Specifications G. Engineer’s Estimate: TAIT will prepare an updated engineer’s cost estimate at the 80% PS&E submittal stage for City review and input. Unit prices will be checked against recent City of Diamond Bar projects. Work items will be prepared to correlate with the preliminary specifications, and will include all work items including mobilization, storm water compliance, traffic control, and striping. The cost estimate will be reviewed by the QA/QC Manager prior to each submittal per the quality assurance program. Deliverables: 80% Estimate & 100% Estimate H. LA County Flood Control District Connection Permits TAIT will initiate contact with LA County Flood at the inception of the project. During the 80% PS&E Phase, TAIT will prepare the connection permit application form and will submit the connection permit to the County for review & approval. This task includes the necessary hours to prepare the required forms, compile and submit the previously noted plans, and revise/resubmit the plans to the County based on received comments. The preparation of a Hydrology Study and a Water Quality Management Plan are not included and assumed to not be required for this Connection Permit due to the fact that hydrology/hydraulics are not being revised. Should LA County require further studies & reports, an alternate task for non-priority LID Plan and a hydrology memo has been included as an alternate task. Deliverables: LA County Flood Connection Permit Package I. Bid & Construction Assistance Upon approval of the PS&E and issuance of the Bid documents, TAIT will provide support to the City during the entirety of the bidding and construction phase. TAIT will actively respond to any received RFIs, and will provide necessary support to City staff to provide additional material that may be required on a T&M basis. Deliverables: Response to RFIs (Assumes 4 max) J. Design Project Management & Meetings This work item includes all project management, project meeting, coordination, and administrative hours for this contract. As part of our base scope, in addition to the design kickoff and site visit meeting, TAIT has assumed one additional project meeting to be held at City Hall during the life of the design phase. All other meetings and correspondence will be via digital conferences to review project material. Deliverables: Meeting Agendas & Minutes 5.5.a Packet Pg. 105 TAIT & Associates, Inc. Groundwater Drainage Improvements Phase 4 & 5 Page | 8 ALTERNATE WORK ITEMS: 2-A: Utiliyt Potholing The need for final utility potholing and locating will be reviewed as part of the initial design phase of this project. Depending on the alternative selected and based on the City’s desire to either verify any unknown crossings during design or defer to construction, TAIT will work with the City to obtain location specific proposals for any necessary utility locating, potholing, or tracing that may be desired. TAIT has provided a budgetary fee of $10,000 to cover the costs of any anticipated utility locating services on this contract. Upon authorization of the alternate work item, TAIT will obtain bids from qualified contractors and will work with the City to maximize this budget item. 2-B: As-Built Plans Should the City request it, TAIT will compile the contractor and inspector provided red line documents for this project and prepare a final As-Built PDF plan set for City review and records. 2-C: Geotechnical Investigation Based on review of the material included in the RFP, it does not appear to be that further geotechnical studies will be required, however, in order to provide a budget and option for the City to secure geotechnical services during the course of the design, an alternate budget of $10,000 has been included. Should the City desire to have further testing conducted based on the final limits of work, TAIT will secure site specific proposals for the necessary geotechnical services. 2-D: Non-Priority LID Plan and Hydrology Memo Due to the fact that only low flow, post treatment water quality flows will be directly discharged to the storm drain, it is not anticipated that a hydrology report or LID plan will be required. However, should LA County require a memo and non-priority LID report to be submitted, TAIT will requires authorization for this task to comply with such requests. This task includes both calculation of LID treatment volumes, preparation of a LID Plan, calculation of tributary flows for the connection, and inclusion of a hydrology memo documenting the added flows being introduced to the existing storm drain system. 5.5.a Packet Pg. 106 TAIT & Associates, Inc. Groundwater Drainage Improvements Phase 4 & 5 Page | 9 D. PROJECT SCHEDULING Per the RFP, it is the City’s intention to have design completed by December 2022. TAIT commits to the project schedule and has prepared a detailed project schedule as presented below. 5.5.a Packet Pg. 107 TAIT & Associates, Inc. Groundwater Drainage Improvements Phase 4 & 5 Page | 10 E. RESOURCE REQUIREMENTS Per the RFP requirements, resource requirements have been prepared for this project and is presented below for City review. F. FEE SCHEDULE A Not to Exceed (NTE) fee proposal has been included in a separate document containing the cost/hour breakdown of each work item. The cost proposal is based on the scope presented in this contact and includes all work items requested by the City. 1) DESIGN SERVICES Project Kick Off Meeting A 2 2 4 Records Research & Compilation B 2 8 10 Design Field Walk, Topographic Survey, and Basemapping C 4 16 40 24 84 Utility Research and Notification D 2 12 2 16 Drainge Improvement PS&E E 8 4 48 120 0 0 180 Preliminary Design Analysis, Coordination, & Recommendations E.1 4 2 16 40 62 Construction Drawings E.2 4 2 32 80 118 Specificatoins F 2 1 14 17 Engineer's Estimate G 1 1 2 12 16 LACFCD Connection Permit H 4 16 60 80 Bid & Construction Assistance I 8 4 12 Design Project Management & Meetings J 16 8 2 26 SUBTOTAL 45 6 104 262 24 4 445 5.5.a Packet Pg. 108 TAIT & ASSOCIATES PROPOSAL FOR GROUNDWATER DRAINAGE IMPROVEMENTS PHASE 3 Total Estimated Fee:81,055$ PROJECT FINANCIAL SUMMARY Total Estimated Fee + Alternate Items:104,645$ BILLING RATES 255 245 190 145 350 115 TOTAL PROJET COSTS WORK TASK PM QA/QC Proj. Eng.Designer 2-Man Admin Consultant/ITEM TOTALS TASK #PIC Manager I Survey Expense HOURS BILLABLE 1) DESIGN SERVICES Project Kick Off Meeting A 2 2 -$ 4 800$ Records Research & Compilation B 2 8 -$ 10 1,540$ Design Field Walk, Topographic Survey, and Basemapping C 4 16 40 24 -$ 84 18,260$ Utility Research and Notification D 2 12 2 -$ 16 2,350$ Drainge Improvement PS&E E 8 4 48 120 0 0 -$ 180 29,540$ Preliminary Design Analysis, Coordination, & Recommendations E.1 4 2 16 40 -$ 62 10,350$ Construction Drawings E.2 4 2 32 80 -$ 118 19,190$ Specificatoins F 2 1 14 -$ 17 3,415$ Engineer's Estimate G 1 1 2 12 -$ 16 2,620$ LACFCD Connection Permit H 4 16 60 -$ 80 12,760$ Bid & Construction Assistance I 8 4 -$ 12 2,800$ Design Project Management & Meetings J 16 8 2 -$ 26 5,470$ SUBTOTAL 45 6 104 262 24 4 -$ 445 79,555$ REIMBURSABLES (Reprographics, Design Mileage, etc.)1,500$ TOTAL NOT TO EXCEED BASE FEE 81,055$ 2) ALTERNATE WORK ITEMS Utility Locating/Potholing A 10,000$ 0 10,000$ As Built Plans B 2 4 16 -$ 22 3,590$ Geotechnical Investigation C 10,000$ 0 10,000$ SUBTOTAL 2 0 4 16 0 0 20,000$ 22 23,590$ CLIENT: City of Diamond Bar PROJECT: PHASE 4 DRAINAGE IMPROVEMENTS PREPARED BY:DS 2022.08.19 Page 1 5.5.a Packet Pg. 109 Citywide Comprehensive Drainage Study Rank Level of Importance 1 HIGH 2 HIGH 3 MEDIUM 4 MEDIUM 5 MEDIUM 6 MEDIUM 7 MEDIUM 8 LOW 9 LOW 10 LOW 11 LOWAmbushers Street @ Pasado to Woodhill 20532 Calpet Drive. Cleghorn Drive @ North of Gold Nugget Ave. Cold Spring Lane @ South of Diamond Ridge Rd. 20834 Moonlake Street Copley Drive @ City Hall. Flapjack Drive @ Cul-De-Sac to Crooked Creek. Hipass Drive @ Castle Rock Road. Brea Canyon Cutoff Road @ Oak Crest Drive Brea Canyon Road @ North of Sapphire. Project Title/Location Golden Springs Drive @ West of Platina Dr. Priority List 5.5.b Packet Pg. 110 5.5.c Packet Pg. 111 Agenda #: 5.6 Meeting Date: October 4, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AUTHORIZATION TO PARTICIPATE WITH OMNIA PARTNERS TO UTILIZE TRANE U.S. INC. DBA TRANE FOR THE DESIGN OF THE DIAMOND BAR CENTER HVAC REPLACEMENT PROJECT THROUGH JUNE 30, 2023. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Adopt Resolution No. 2022-52 authorizing the use of the OMNIA Partners contract with Trane U.S. dba Trane for turnkey services; and B. Approve, and authorize the Mayor, to sign the Consulting Services Agreement with Trane U.S. Inc. dba Trane for the Design of the Diamond Bar Center HVAC Replacement and Air Quality Upgrades Project. FINANCIAL IMPACT: The total not-to-exceed amount of this design service for Fiscal Year 2022/23 would be $75,000. Sufficient funds in the amount of $75,000 are included in the Fiscal Year 2022/23 CIP Budget (Project No. FP22501) and are available to cover the cost of design services. BACKGROUND: The Diamond Bar Center (DBC) currently operates seven days per week and is a premier setting for a number of large and small events. The consistent and reliable operation of crucial systems of the DBC building, such as ventilation, has become even more of a priority to the groups that utilize the facility. The existing Air Conditioning (AC) equipment is original to the facility, which went online in 2004, and has reached the end of its operational life. This agreement is for the design portion of this Project. Included in the Fiscal Year 2022/23 CIP budget is the DBC AC Replacement and Air 5.6 Packet Pg. 112 Quality Upgrades Project (Project), which consists of two phases; design ($75,000) and construction ($750,000). The purpose of this Project is to replace and update the existing mechanical equipment and Building Automation System (BAS) controls, in addition to improving reliability, efficiency, and indoor air quality. This Project will ultimately provide a new comprehensive ventilation system, reduce operational disruptions, and provide a better end-user experience. The City's Purchasing Ordinance, codified in Chapter 3.24 of the Diamond Bar Municipal Code, generally requires the use of formal bidding procedures for the procurement of goods and services that cost in excess of $45,000. Section 3.24.090 (f) provides an exception as follows: "When supplies, personal property, services or equipment can be more efficiently or more cost-efficient obtained through a cooperative purchasing program with a federal, state, county, local or other government purchasing program. Such purchases through a cooperative purchasing program shall be authorized by resolution of the City Council." Participation in cooperative bidding programs provides the City with the purchasing power of a much larger organization and a higher economy of scale. This, in turn, can provide the City with more competitive pricing and availability of goods and services. OMNIA Partners, Public Sector (formerly U.S. Communities) Government Purchasing Alliance is a government purchasing cooperative with the goal of reducing the cost of goods and services by aggregating the purchasing power of public agencies nationwide. OMNIA Partners, Public Sector provides procurement resources and solutions to cities and towns, other local governments, state agencies, school districts (K-12), higher education, and nonprofits, and is free to register and use. Participants have access to a broad line of competitively solicited contracts with suppliers. ANALYSIS: Staff evaluated the OMNIA Partners Contract # USC 15-JLP-023 with Trane U.S Inc. dba Trane, and have determined that the competitive solicitation process meets and, or exceeds, the City’s purchasing requirements. It is recommended that the City utilize the bidding process conducted by the lead agency (Harford County Public Schools, MD), in conjunction with OMNIA Partners. The use of this turnkey contract, through OMNIA Partners, with Trane, also provides a unique opportunity in which the City has the ability to have the same vendor as the manufacturer, designer, and installer, working on the Project from start to finish, thereby helping to ensure the seamless integration between the new systems to be installed and the existing systems at the Diamond Bar Center. This Project would be the second large-scale HVAC replacement project the City has completed using this method, with the first one being the City Hall HVAC Replacement Project, completed in October of 2018. Attachment 1 is the proposed resolution required by Diamond Bar Municipal Code authorizing participation with OMNIA Partners to utilize the Trane turnkey contract with OMNIA Partners for the design phase of the Project. Attachment 2 is the proposed agreement with Trane for the design service. 5.6 Packet Pg. 113 Upon completion and approval of the design, a construction contract utilizing the Trane turnkey contract with OMNIA Partners will be brought before the City Council, along with a tentative construction schedule for consideration and approval. The construction phase of this Project is included in the current fiscal year CIP budget at $750,000. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution and Agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.6.a Resolution No. 2022-52 (OMNIA Partners Cooperative Purchase) 2. 5.6.b Professional Services Agreement with Trane U.S. Inc. 5.6 Packet Pg. 114 RESOLUTION NO. 2022-52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION WITH OMNIA PARTNERS TO UTILIZE THE TRANE TURNKEY CONTRACT WITH OMNIA PARTNERS FOR DESIGN SERVICES FOR THE DIAMOND BAR CENTER HVAC REPLACEMENT PROJECT IN THE AMOUNT NOT TO EXCEED $75,000 DURING FISCAL YEAR 2022/2023 WHEREAS, the City Council has established a purchasing system for the efficient purchase of supplies, services, personal property and equipment at the lowest cost commensurate with the quality needed and to buy without favor or prejudice; and WHEREAS, the City Manager, acting in the role of Purchasing Manager, directs and supervises the acquisition of all goods and services under the authority of Diamond Bar Municipal Code Section 3.24.040 (a); and WHEREAS, Diamond Bar Municipal Code Section 3.24.090 (f) provides for an exception to the bidding requirements when supplies, personal property, services or equipment can be more efficiently or more cost effectively obtained through a cooperative purchasing program with a federal, state, county, local or other government purchasing program as authorized by resolution of the City Council; and WHEREAS, the Purchasing Manager has determined that certain supplies, materials, personal property and equipment can be more efficiently and more cost effectively obtained if acquired on behalf the City as a participant of OMNIA Partners, a cooperative purchasing organization; and WHEREAS, acquisition of any such supplies, materials, personal property or equipment as a participant of a government purchasing program must be authorized by resolution of the City Council; and WHEREAS, the Purchasing Agent and Purchasing Delegates have evaluated the OMNIA Partners Contract Number USC 15-JLP-023 with Trane U.S. dba Trane, and have determined that the competitive solicitation process, conducted by the lead agency (Harford County Public Schools, MD), in conjunction with OMNIA Partners, meets and, or exceeds, the requirements of the City, and recommends use of this Turnkey contract, though OMNIA Partners, with Trane. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Diamond Bar as follows: 1. Certain supplies, materials, personal property, professional services and equipment can be more efficiently and more inexpensively obtained if acquired on behalf of the City as a participant of a government cooperative purchasing program as opposed to a formal bidding process. 5.6.a Packet Pg. 115 Resolution No. 2022-52 2 2. Authorizes participation of the City with OMNIA Partners. 3. Appoints the City Manager of the City to direct and supervise the acquisition of goods and services as a participant with OMNIA Partners. 4. Authorizes the Mayor to execute the professional services agreement with Trane U.S. dba Trane for the design of the Diamond Bar Center HVAC Replacement Project, as a participant with OMNIA Partners in the amount not to exceed $75,000. PASSED, APPROVED AND ADOPTED this 4th day of October, 2022. CITY OF DIAMOND BAR Ruth M. Low, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 4th day of October, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ___________ Kristina Santana, City Clerk 5.6.a Packet Pg. 116 1 Professional Services - Design 1614063.1 CONSULTING SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of October 4, 2022 by and between the City of Diamond Bar, a municipal corporation ("City") and Trane U.S. Inc. dba Trane ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the mechanical engineering services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Jason Williams, Maintenance Supervisor (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager. 2. Term of Agreement. This Agreement shall take effect May 23, 2022, and shall continue until June 30, 2023 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed seventy-five thousand dollars ($75,000) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed. 5.6.b Packet Pg. 117 2 Professional Services - Design 1614063.1 C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal, State agency, including the Public Employee Retirement System, regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, its employees or subconsultants, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. 5.6.b Packet Pg. 118 3 Professional Services - Design 1614063.1 D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a business license with the City of Diamond. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractors; (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. (4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. 5.6.b Packet Pg. 119 4 Professional Services - Design 1614063.1 A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims’ made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. 5.6.b Packet Pg. 120 5 Professional Services - Design 1614063.1 E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement 5.6.b Packet Pg. 121 6 Professional Services - Design 1614063.1 shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant 5.6.b Packet Pg. 122 7 Professional Services - Design 1614063.1 reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within one hundred eighty (180) calendar days from such date or as may otherwise be agreed to by and between the Project Manager and the Consultant. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Reserved. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no 5.6.b Packet Pg. 123 8 Professional Services - Design 1614063.1 event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY” 5.6.b Packet Pg. 124 9 Professional Services - Design 1614063.1 Trane U.S. Inc. dba Trane City of Diamond Bar 3253 E Imperial Highway 21810 Copley Drive Brea, CA 92821 Diamond Bar, CA 91765-4178 Attn.: Lee Ostrander Attn.: Jason Williams Phone: 714.983.0505 Phone:909.839.7059 E-Mail: lostrander@trane.com E-mail: JWilliams@DiamondBarCA.Gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" TRANE U.S. INC. DBA TRANE CITY OF DIAMOND BAR By: ______ By: ____ Printed Name: Ruth M. Low Title: Mayor By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By:____ David DeBerry, City Attorney 5.6.b Packet Pg. 125 10 Professional Services - Design 1614063.1 *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 5.6.b Packet Pg. 126 Trane Turnkey Engineering Proposal Turnkey Engineering Proposal For: Mr. Jason Williams Maintenance Supervisor Diamond Bar City of 21825 Copley Drive Diamond Bar, CA 91765 U.S.A. Local Trane Office: Trane U.S. Inc. dba Trane 3253 E Imperial Highway Brea, CA 92821 Local Trane Representative: Lee Ostrander Account Manager Email: lostrander@trane.com Cell: (818) 253-5823 Office: (714) 983-0505 USC Quote: 3204748 Co-op Contract Number: USC 15-JLP-023 Date: April 6, 2022 5.6.b Packet Pg. 127 TRANE TURNKEY PROPOSAL Executive Summary Trane is pleased to present a solution to help Diamond Bar City of reach its performance goals and objectives. This proposed project will enhance your operation by helping you to optimize your resources, improve the comfort in your facility, and reduce energy costs. We appreciate the effort from Diamond Bar City of to assist in the HVAC system analysis and business discussions. Because of your efforts, we were able to develop a proposal that offers engineering service solutions to your specific concerns, based on Trane system knowledge and application expertise. As your partner, Trane is committed to providing engineering services to help achieve a comfortable building environment for the people who occupy the building. For the people who own, manage and maintain the building, Trane is committed to providing reliable HVAC systems and products that improve performance. Some key features and benefits Diamond Bar City of should expect from this project are highlighted below. OMNIA Partners Cooperative Purchasing Agreement • OMNIA has strength in numbers 200,000+ active participants • The Partnership brings compliance, maximum value and unparalleled efficiencies to the pur chasing process using lead public agency contracting model that government agencies rely on as best practice. • Save time and resources while still meeting purchasing requirements. Trane appreciates the opportunity to earn your business. Your investment in the proposed project is $74,000. This investment will provide Diamond Bar City of with the capability to significantly reduce operating costs and improve comfort conditions in your facility. We look forward to partnering with Diamond Bar City of for your engineering service needs. I will be contacting you soon to discuss the proposal and to schedule the next steps WE VALUE THE CONFIDENCE YOU HAVE PLACED IN TRANE AND LOOK FORWARD TO PARTNERING WITH YOU. Lee Ostrander Account Manager, Trane U.S. Inc. dba Trane lostrander@trane.com 818-253-5823 cellular / 714-983-0505 Local Office 5.6.b Packet Pg. 128 Proposal Number: 3204748 © 2022 Trane Technologies All rights reserved Page 1 of 9 Confidential and Proprietary Information of Trane U.S. Inc. Prepared For: Date: Jason Williams – Maintenance Supervisor April 6, 2022 Job Name: Proposal Number: Diamond Bar Com Center Engineering 3204748 Delivery Payment Terms: Omnia Co-Purchasing Agreement Net 30 State Contractor License Number: Proposal Expiration Date: 1066318 30 Days Project Description The CITY OF DIAMOND BAR SENIOR CITIZEN CENTER consists of the like-for-like replacement of several existing air handling units and a boiler on the roof. The like-for-like replacements include one 7-1/2-ton package, three 5-ton units, six 3-ton units, one 70-ton air handling unit, and one boiler. This project is located at 1600 Grand Avenue in Diamond Bar, California. The scope of this proposal is for full-service mechanical, plumbing, electrical, and structural Design Scope of Work The mechanical systems will include heating, ventilating, air conditioning (HVAC), plumbin g, Electrical, structural system design, and Title-24 energy calculations. The proposed mechanical and plumbing systems include the following: • Visit the site to review existing conditions and code compliance conditions. • Prepare demolition drawings for all mechanical units in scope. • Perform building load calculations of system replacement areas. • Replace existing DX Energy lab unit with new AOON Package unit and required modifications. • Like per like replace ten existing package roof top units. • Prepare and coordinate with electrical and structural design drawings for city submittal. • Prepare Title-24 calculations for mechanical energy compliance. • The proposed electrical systems include the following: • Visit site to conduct a visual observation of existing conditions relative to the project. • Review existing drawings. 5.6.b Packet Pg. 129 Proposal Number: 3204748 © 2022 Trane Technologies All rights reserved Page 2 of 9 Confidential and Proprietary Information of Trane U.S. Inc. General Demolition Notes • Layout existing electrical equipment in electrical rooms relative to the project. • Review existing equipment loads and compare to new equipment loads. Identify any discrepancies. • Partial single line diagram for affected equipment. • Design power to replacement equipment. • Voltage drop calculation for feeders and branch circuits, if required. • Load calculations. • Panel schedules. • Sheet specifications. • Stamp and sign electrical drawings for submittal to building department. Submittal is by others. • Respond to plan check comments. • Submittal review of specified electrical equipment. • Respond to Request for Information (RFI). The proposed structural systems include the following: • Visit site to review the info on the existing structural members. • Verify/collect field data on the existing structural system housing the units at the roof. • Development of a primary structural plans to reflect the existing framing system. • Design and detailing of the required seismic anchorage of new unit to the existing pad. • Coordinate with MEP and Trane to refine the scope. • Obtain/review of cut-sheets. • Develop structural plans/details necessary for seismic anchorage of new unit. • Preparation of structural calculations. • Respond to plan check comments. • Review of submittals. • Provide construction support services. 5.6.b Packet Pg. 130 Proposal Number: 3204748 © 2022 Trane Technologies All rights reserved Page 3 of 9 Confidential and Proprietary Information of Trane U.S. Inc. SERVICES NOT INCLUDED The following professional mechanical engineering services are not included in this proposal. • Multiple bidding packages • Building load calculations, building power and lighting calculations. • Cost estimating • Fire protection design services • LEED participation • Board of Appeals processing; Application for Use of Alternate Materials & Methods • HVAC studies and Life Cycle Cost Analysis • Acoustical studies and analysis • Addition of panels or transformers. • Design of tenant improvements • Tracing existing circuits. • Detailed demolition drawings. • Construction cost estimates. • Design of Data/telecom, A/V, Security, fire protection, fire alarm or other low voltage systems. • Defining egress paths or locating exit signs. • Construction site visits. • Prints or deliveries. • Representation for variances. • Plan check submittals or fees. • 3D cad, BIM design, or models. • Commissioning of any systems. • Book specifications. • Short circuit, coordination study or Arc flash study. Fees for these services can be provided if requested. • Chart recordings. • Verification of as-built information. • Punch walks. Reimbursable Expenses Expenses incurred during the term of this project shall be considered reimbursable and marked up with a 10% charge for handling. The estimated reimbursable expenses anticipated for this project should be less than $1,000. The expenses, which shall be classified as reimbursable, include the following: • All printing costs associated with the client requested check sets of plans and specifications. Printing costs associated with normal progress prints between members of the design team. Shall NOT be classified as a reimbursable item. • The cost of all agency filing fees, permit fees imposed by any municipality in conjunction with this project. 5.6.b Packet Pg. 131 Proposal Number: 3204748 © 2022 Trane Technologies All rights reserved Page 4 of 9 Confidential and Proprietary Information of Trane U.S. Inc. Pricing and Acceptance Jason Williams - Maintenance Supervisor Diamond Bar City of 21825 Copley Drive Diamond Bar, CA 91765 U.S.A. Site Address: Diamond Bar Community Center 1600 South Grand DIAMOND BAR, CA 91765 United States Price Total Net Price (Including appropriate Sales and/or Use Tax, if required by law)……………………………………………………………………………………………………………$74,000 SERVICES NOT INCLUDED The following professional mechanical engineering services are not included in this proposal. • Multiple bidding packages • Bid Bonds, Payment Performance Bond • Guarantee of any, energy, operation and savings • Building load calculations, building power and lighting calculations. • Cost estimating • Fire protection design services • LEED participation • Board of Appeals processing; Application for Use of Alternate Materials & Methods • HVAC studies and Life Cycle Cost Analysis • Acoustical studies and analysis • Addition of panels or transformers. • Design of tenant improvements • Tracing existing circuits. • Detailed demolition drawings. • Construction cost estimates. • Design of Data/telecom, A/V, Security, fire protection, fire alarm or other low voltage systems. • Defining egress paths or locating exit signs. • Construction site visits. • Prints or deliveries. • Representation for variances. • Plan check submittals or fees. • 3D cad, BIM design, or models. • Commissioning of any systems. • Book specifications. • Short circuit, coordination study or Arc flash study. 5.6.b Packet Pg. 132 Proposal Number: 3204748 © 2022 Trane Technologies All rights reserved Page 5 of 9 Confidential and Proprietary Information of Trane U.S. Inc. ACCEPTANCE This proposal is subject to Customer’s acceptance of the attached Trane Terms and Conditions (Installation). COVID-19 NATIONAL EMERGENCY CLAUSE The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic (“Covid-19 Pandemic”). With the continued existence of Covid-19 Pandemic and the evolving guidelines and execut ive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane’s performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state (US), provincial (Canada) or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane’s performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. Please contact me Lee Ostrander at lostrander@trane.com or 818-253-5823 cellular if you have any questions regarding this matter. Sincerely Lee Lee Ostrander - Account Manager Trane U.S. Inc. dba Trane Email: lostrander@trane.com Cellular: (818) 253-5823 / Office: (714) 983-0505 Submitted By: Lee Ostrander Cell: (818) 253-5823 Office: (714) 983-0505 ___________________________________________ Proposal Date: April 6, 2022 CUSTOMER ACCEPTANCE Diamond Bar City of TRANE ACCEPTANCE Trane U.S. Inc. dba Trane ___________________________________________ Authorized Representative Authorized Representative ___________________________________________ Printed Name ___________________________________________ Printed Name Title Title ___________________________________________ Purchase Order Signature Date Acceptance Date: License Number: 1066318 5.6.b Packet Pg. 133 Proposal Number: 3204748 © 2022 Trane Technologies All rights reserved Page 6 of 9 Confidential and Proprietary Information of Trane U.S. Inc. TERMS AND CONDITIONS – COMMERCIAL INSTALLATION “Company” shall mean Trane U.S. Inc. dba Trane. 1. Acceptance; Agreement. These terms and conditions are an integral part of Co mpany’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the commercial goods and/or services described (the “Work ”). COMPANY’S TERMS AND CONDITIONS AND EQUIPMENT PRICES ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 30 days from the date of the Proposal. Prices in the Proposal are subject to change at any time upon notice to Customer. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to Company’s terms and conditions. If Customer’s order is expressly conditioned upon Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company’s terms and conditions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counteroffer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company’s counteroffer will be deemed accepted. Notwithstanding anything to the contrary herein, Customer’s acceptance of the Work by Company will in any event constitute an acceptance by Customer of Company’s terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisi ons, this Agreement shall be cancelled without any liability, other than Customer’s obligation to pay for Work rendered by Company to the date of cancellation. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service (“Connected Services Terms”), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Title and Risk of Loss. All Equipment sales with destinations to Canada or the U.S. shall be made as follows: FOB Company’s U.S. manufacturing facili ty or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company’s U.S. manufacturing facility or warehouse. 4. Pricing and Taxes. Unless otherwise noted, the price in the Proposal includes standard ground transportation and, if required by law, all sales, consumer, use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customer’s tax-exempt status. Company shall charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstalled basis and any taxable labor/labour do not include sales tax and taxes will be added. Within thirty (30) days following Customer acceptance of the Proposal without addition of any other terms and conditions of sale or any modification, Customer shall provide notification of release for immediate production at Company’s factory. Prices for Work are subject to change at any time prior to shipment to reflect any cost increases related to the manufacture, supply, and shipping of goods. This includes, but is not limited to, cost increases in raw materials, supplier components, labor, utilities freight, logistics, wages and benefits, regulatory compliance, or any other event beyond Company’s control. If such release is not received within 6 months after date of order receipt, Company reserves the right to cancel any order. If shipment is delayed due to Customer's actions, Company may also charge Customer storage fees. Company shall be entitled to equitable adjustments in the contract price to reflect any cost increases as set forth above and will provide notice to Customer prior to the date for which the increased price is to be in effect for the applicable customer contract. In no event will prices be decreased. 5. Exclusions from Work. Company’s obligation is limited to the Work as defined and does not include any modifications to the Work site under the Americans With Disabilities Act or any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order signed by Customer and Company. 6. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safety of persons. Unless otherwise agreed to by Customer and Company, at Customer’s expense and before the Work begins, Customer will provide any necessary access platforms, catwalks to safely perform the Work in compliance with OSHA or state industrial safety regulations. 7. Payment. Customer shall pay Company’s invoices within net 30 days of invoice date. Company may invoice Customer for all equipment or material furnished, whether delivered to the installation site or to an off-site storage facility and for all Work performed on-site or off-site. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required, Company may suspend performance and the time for completion shall be extended for a reasonable period of time not less than the period of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all equipment from Company to secure payment in full of all amounts due Company and its order for the equipment, together with these terms and conditions, form a security agreement. Customer shall keep the equipment free of all taxes and encumbrances, shall not remove the equipment from its original installation point and shall not assign or transfer any interest in the equipment until all payments due Company have been made. 8. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or its representatives for commencement, progress or completion are estimates only. While Company shall use commerci ally reasonable efforts to meet such estimated dates, Company shall not be responsible for any damages for its failure to do so. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date, will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be li able for any damages or expenses caused by delays in delivery. 9. Access. Company and its subcontractors shall be provided access to the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the Work site’ owner or tenant for the performance of the Work, including sufficient areas for staging, mobilization, and storage. Company’s access to correct any emergency condition shall not be restricted. Customer grants to Company the right to remotely connect (via phone modem, internet or other agreed upon means) to Customer’s building automation system (BAS) and or HVAC equipment to view, extract, or otherwise collect and retain data from the BAS, HVAC equipment, or other building systems, and to diagnose and remotely make repairs at Customer’s request. 10. Completion. Notwithstanding any other term or condition herein, when Company informs Customer that the Work has been completed, Customer shall inspect the Work in the presence of Company's representative, and Customer shall either (a) accept the Work in its entirety i n writing, or (b) accept the Work in part and specifically identify, in writing, any exception items. Customer agrees to re-inspect any and all excepted items as soon as Company informs Customer that all such excepted items have been completed. The initial acceptance inspection shall take place within ten (10) days from the date when Company informs Customer that the Work has been completed. Any subsequent re-inspection of excepted items shall take place within five (5) days from the date when Company informs Customer that the excepted items have been completed. Customer’s failure to cooperate and complete any of said inspections within the required time limits shall constitute complete acceptance of the Work as of ten (10) days from date when Company informs Cust omer that the Work, or the excepted items, if applicable, has/have been completed. 11. Permits and Governmental Fees. Company shall secure (with Customer’s assistance) and pay for building and other permits and governmental fees, licenses, and inspections necessary for proper performance and completion of the Work which are legally required when bids from Company’s subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later. Customer is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. If the cost of such permits, fees, licenses and inspections are not included in the Proposal, Company will invoice Customer for such costs. 5.6.b Packet Pg. 134 Proposal Number: 3204748 © 2022 Trane Technologies All rights reserved Page 7 of 9 Confidential and Proprietary Information of Trane U.S. Inc. 12. Utilities During Construction. Customer shall provide without charge to Company all water, heat, and utilities required for performance of the Work. 13. Concealed or Unknown Conditions. In the performance of the Work, if Company encounters conditions at the Work site that are (i) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings expressly incorporated herein or (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as the Work, Company shall notify Customer of such conditions promptly, prior to significantly disturbing same. If such conditions differ materially and cause an increase in Company’s cost of, or time required for, performance of any part of the Work, Company shall be entitled to, and Customer shall consent by Change Order to, an equitable adjustment in the Contract Price, contract time, or both. 14. Pre-Existing Conditions. Company is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on , or upon the Work site before the Commencement Date of this Agreement (“Pre-Existing Conditions”), including, without limitation, damages, losses, or expenses involving Pre-Existing Conditions of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi. Company also is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or s ervices provided by individuals or entities that are not employed by or hired by Company. 15. Asbestos and Hazardous Materials. Company’s Work and other services in connection with this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl (“PCB”), or other hazardous materials (hereinafter, collectively, “Hazardous Materials”). Customer warrants and represents that, except as set forth in a writing signed by Company, there are no Hazardous Materials on the Work site that will in any way affect Company’s Work and Customer has disclosed to Company the existence and location of any Hazardous Materials in all areas within which Company will be performing the Work. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be exclusively responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and, to the fullest extent permitted by law, shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, cla im, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof arising out of or relating to any Hazardous Materials on or about the Work site, not brought onto the Work site by Company. Company shall be required to resume performance of the Work i n the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the Work site for the presence of Hazardous Materials. 16. Force Majeure. Company’s duty to perform under this Agreement is contingent upon the non -occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 d ays notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labour disputes; labor/labour or m aterial shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. Customer’s Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company t he right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice : (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are t aken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in this Agreement is false or misleading in any m aterial respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to Company for all Work furnished to date and all damages sustained by Company (including lost profit and overhead). 18. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 19. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, INCLUDING CONTAMINANTS LIABILITIES, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company’s liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 20. CONTAMINANTS LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION, MITIGATION, ELIMINATION, OR CONTAMINATION THEREOF) (COLLECTIVELY, “CONTAMINANT LIABILITIES”) AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 21. Patent Indemnity. Company shall protect and indemnify Customer from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suit or threat of suit for patent infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant against infringement by reason of Customer's design of the articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, Customer agrees to reasonably cooperate with Company. In connection with any proceeding under the provisions of this Section, all parties concerned shall be entitled to be represented by counsel at their own expense. 22. Limited Warranty. Company warrants for a period of 12 months from the date of substantial completion (“Warranty Period”) commercial equipment manufactured and installed by Company against failure due to defects in material and manufacture and that the labor/labour furnished is warranted to have been properly performed (the "Limited Warranty"). Trane equipment sold on an uninstalled basis is warranted in accordance with Company’s standard warranty for supplied equipment. Product manufactured by Company that includes required startup and is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the earlier of the date that the Work is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. If such defect is discovered within the Warra nty Period, Company will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pursuant hereto, labor/labour associated with the replacement of parts or equipment not conforming to this Limited Warranty. Defects must be reported to Company within the 5.6.b Packet Pg. 135 Proposal Number: 3204748 © 2022 Trane Technologies All rights reserved Page 8 of 9 Confidential and Proprietary Information of Trane U.S. Inc. Warranty Period. Exclusions from this Limited Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; Customer's failure to follow the Company-provided maintenance plan; refrigerant not supplied by Company; and modifications made by others to Company's equi pment. Company shall not be obligated to pay for the cost of lost refrigerant. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesser of Company’s cost to correct the defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or parts that are not manufactured by Company (“Third-Party Product(s)” are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD -PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD -PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY .OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNE SS FOR PARTICULAR PURPOSE. ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD -PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. 23. Insurance. Company agrees to maintain the following insurance while the Work is being performed with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive its right of subrogation. 24. Commencement of Statutory Limitation Period. Except as to warranty claims, as may be applicable, any applicable statutes of limitation for acts or failures to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, in any and all events not later than the last date that Company or its subcontractors physically performed work on the project site. 25. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Work is performed, without regard to choice of law principles which might otherwise call for the application of a different state’s or province’s law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Work is performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Work site is owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as th e economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, o r convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer’s permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 26. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 27. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions in effect as of the date of this subcontract: 52.203-19; 52.204-21; 52.204-23; 52.219-8; 52.222-21; 52.222-26; 52.222-35; 52.222-36; 52.222-50; 52.225-26; 52.247-64. If the Work is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, includi ng but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer’s ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the s ubject of the Proposal or this Agreement, other than the Proposal or this Agreement. 28. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (her ein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Act ion is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that j urisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agre ement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action ari sing out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer’s tribal cou rt or any similar tribal forum, that 5.6.b Packet Pg. 136 Proposal Number: 3204748 © 2022 Trane Technologies All rights reserved Page 9 of 9 Confidential and Proprietary Information of Trane U.S. Inc. Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.251-10(1221) Supersedes 1-26.251-10(0821) 5.6.b Packet Pg. 137 Agenda #: 6.1 Meeting Date: October 4, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: TENTATIVE PARCEL MAP NO. 83708 FOR A TWO-LOT SUBDIVISION, AND PARKING PERMIT FOR RECIPROCAL ACCESS AND PARKING PURPOSES AT 2020 S. BREA CANYON ROAD (PLANNING APPLICATION NO. PL2022-07) STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: A. Receive staff presentation; B. Open Public Hearing to receive testimony; C. Close Public Hearing; D. Find Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19 Section 15301(k) of the CEQA Guidelines; and E. Adopt Resolution No. 2022-53 approving Planning Application No. PL2022-07 based on the Findings of Fact, and subject to the Conditions of Approval Contained therein. FINANCIAL IMPACT: None. All staff and consultant costs to process the Tentative Parcel Map and Parking Permit applications have been borne by the applicant. SUMMARY: The applicant is requesting approval to subdivide an existing 2.09-acre commercial property located at 2020 S. Brea Canyon Road (within Plaza Diamond Bar) into two separate parcels. No new construction is proposed, and there will be no physical 6.1 Packet Pg. 138 changes to the buildings or property. Background The project site is a 2.09-acre existing commercial property located on the northeast corner of Brea Canyon Road and Pathfinder Road. The commercial center was built under Los Angeles County standards in 1981. The center consists of a 24,896 square- foot two-story professional office building facing Pathfinder Road and a 9,283 square- foot one-story inline commercial building consisting of a restaurant, retail, tutoring school, hair salon, and professional offices. The commercial properties to the north, also located within Plaza Diamond Bar, are under separate ownership from the project site, and are not part of this proposed subdivision map. Project Description The applicant proposes to subdivide the commercial center into two separate parcels to allow each parcel to be sold off and separately owned. No new construction is proposed, and there will be no physical changes to the building or property. The applicant is also requesting a parking permit to share driveway access and parking between the newly created properties. The proposed configuration of the 2.09-acre subdivision is summarized below: Lot # Current Use Building Size Proposed Lot Size 1 Professional Offices 24,896 sq. ft. 50,747 sq. ft. (1.16 ac) 2 Inline Shops 9,283 sq. ft. 40,336 sq. ft. (0.93 ac) 6.1 Packet Pg. 139 Proposed Tentative Parcel Map Plaza Diamond Bar currently has 269 parking spaces on-site and has an existing agreement within the four commercial properties to share parking and all driveways and access. Prior to recording the final map, this agreement would need to be amended to ensure that reciprocal access and parking rights and privileges are also retained among the newly created parcels. See Condition of Approval No. 7 under Tentative Parcel Map of the Draft Resolution (Attachment 1). The center also has an existing maintenance agreement with the commercial properties within the center. This agreement would likewise need to be amended prior to final map recordation. ANALYSIS: Review Authority (Diamond Bar Municipal Code Sections 21.20.080 and 22.30.050) The proposed project requires the approval of two entitlement applications. The Tentative Parcel Map for the subdivision of land requires City Council approval, and the Parking Permit to share parking and driveway access requires Planning Commission approval. Section 22.48.030 of the Development Code requires all applications to be processed simultaneously by the highest review authority. Therefore, the Planning Commission played an advisory role in the review of these applications and 6.1 Packet Pg. 140 recommended approval of the applications. Planning Commission Review On September 13, 2022, the Planning Commission reviewed and unanimously recommended that the City Council approve the Tentative Parcel Map and Parking Permit. There were no issues or objections raised by the public. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500-foot radius of the project site on September 20, 2022, and the notice was published in the San Gabriel Valley Tribune newspaper on September 23, 2022. The project site was posted with a notice display board, and a copy of the public notice was posted at the City’s designated community posting sites. Public Comments Received No comments from the public were received as of the time this report was published. ENVIRONMENTAL ASSESSMENT: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under 15301(k) (subdivision of existing commercial buildings, where no physical changes occur) of the CEQA Guidelines. No further environmental review is required. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: 6.1 Packet Pg. 141 Attachments: 1. 6.1.a Resolution No. 2022-53 and Conditions of Approval 2. 6.1.b Planning Commission Staff Report and Draft Minutes dated September 13, 2022 3. 6.1.c Proposed Tentative Parcel Map No. 83708 6.1 Packet Pg. 142 RESOLUTION NO. 2022-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 83708 TO SUBDIVIDE A 2.09-ACRE EXISTING COMMERCIAL PROPERTY INTO TWO PARCELS, AND PARKING PERMIT NO. PL2022-07 TO SHARE DRIVEWAY AND PARKING BETWEEN THE TWO PARCELS, CURRENTLY ADDRESSED AS 2020 S. BREA CANYON ROAD, DIAMOND BAR, CA 91765 (ASSESSOR’S PARCEL NOS. 8765-01-007). A. RECITALS 1. The property owner, Nathaniel E. Williams, Metro Properties LLC and applicant, Sarah Bova of Thienes Engineering, Inc., have filed an application for Tentative Parcel Map No. 83708, to create a two-lot subdivision. The subject property consists of approximately 2.09 acres at the northeast corner of Brea Canyon Road and Pathfinder Road, with the site developed as a commercial center. Proposed Parcel 1 is 50,747 square feet (1.165 acres) and proposed Parcel 2 is 40,336 square feet (0.926 acres). No new construction is proposed with this request. The subject property is more specifically described as 2020 S. Brea Canyon Road, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Tentative Parcel Map and Parking Permit shall be collectively referred to as the “Proposed Subdivision.” 2. The subject property is located in the Community Commercial (C-2) zone with a General Plan land use designation of General Commercial. 3. The legal description of the subject property is Lot 1 of Parcel Map No. 13071. The Assessor’s Parcel Number is 8765-01-007. 4. On September 2, 2022, notification of the public hearing for the Proposed Subdivision was published in the San Gabriel Valley Tribune newspaper. On August 30, 2022, public hearing notices were mailed to property owners within a 500-foot radius of the subject property and posted at the City’s designated community posting sites. 5. On September 13, 2022, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 6. On September 23, 2022, notification of the public hearing for the Proposed Subdivision was published in the San Gabriel Valley Tribune newspaper. On September 20, 2022, public hearing notices were mailed to property owners within a 500-foot radius of the subject property and posted at the City’s designated community posting sites. 7. On October 4, 2022, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 8. The documents and materials constituting the administrative record of the 6.1.a Packet Pg. 143 Resolution No. 2022-53 2 TPM NO. 83708 proceedings upon which the City’s decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. The City Council hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19 Section 15301(k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 21.20.080 and 22.30.050, this City Council makes the following findings: The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the Proposed Subdivision set forth in the application, there is no evidence before this City Council that the Proposed Subdivision proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City’s Subdivision Ordinance, the City Council make the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan: The proposed project involves the subdivision of an existing 2.09-acre commercial property into two separate parcels within Plaza Diamond Bar commercial center. No new construction is proposed, and there will be no physical changes to the buildings and property. The newly subdivided parcels will share driveway access and parking between the newly created parcels and properties located within Plaza Diamond Bar. The General Plan land use designation for the site is General Commercial (C). The proposed project is consistent with the General Plan land use designation. The project site is not a part of any specific plan. 6.1.a Packet Pg. 144 Resolution No. 2022-53 3 TPM NO. 83708 2. The site is physically suitable for the type and proposed density of development: The property is already improved with existing buildings. No new construction is proposed, and there will be no physical changes to the building and property. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat: The design of the subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habitats or would otherwise injure fish or wildlife or their habitat. In addition, no new construction is proposed, and there will be no physical changes to the building and property. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems: The proposed subdivision is not likely to cause serious public health or safety problems because the existing site is located in an urbanized area. No new construction is proposed, and there will be no physical changes to the building and property. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision: A condition is added to the project requiring a reciprocal parking and access agreement with the newly created parcels and properties within Plaza Diamond Bar commercial center for the use and access of all common roads, driveways, parking, and easement areas, prior to final map approval. 6. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board: Each lot shall be served by a separate sewer lateral which shall not cross any other lot lines. In the event that it is determined that each lot is not serviced by a separate independent sewer lateral, joint sewer maintenance and sewer line easements which cross the lot lines shall be identified in the joint agreements between properties. Therefore, no further environmental review is required. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions: The property is already improved with existing buildings. No new construction or grading is proposed, and there will be no physical changes to the building and property. 8. The proposed subdivision is consistent with all applicable provisions of the City’s 6.1.a Packet Pg. 145 Resolution No. 2022-53 4 TPM NO. 83708 subdivision ordinance, the development code, and the subdivision map act: The proposed subdivision is consistent with the City’s subdivision ordinance, subdivision map act, and applicable development code. The existing buildings comply with all required setbacks and development code regulations. Parking Permit Findings (DBMC Section 22.30.050) 1. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved: Plaza Diamond Bar provides 269 off-street parking spaces. A parking study analyzed the parking demand for all five buildings and uses on-site that provides parking demand calculations based on parking survey observations and the Institute of Transportation Engineers (ITE) Parking Generation Rates (4th Edition) signed by a licensed engineer. Based on the parking survey, the center has a surplus parking of 191 spaces, and there are adequate surplus parking of 34 spaces during the peak time which is adequate to accommodate the parking demand of all existing buildings. 2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of off-street parking requirements for shared uses): When reviewing parking impacts on commercial centers, the various uses and peak business hours for those uses are taken into consideration. The existing commercial center has uses ranging from restaurant, personal services, retail, and professional office uses. The different uses result in a range of peak business hours and parking demands. Due to this, staff does not foresee any parking issues resulting from the proposed subdivision of land. In addition, the existing parking supply is adequate with a surplus of spaces. D. CONDITIONS OF APPROVAL Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 21.20.080 and 22.30.050, this City Council hereby finds approves the Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07, subject to the following conditions, and the attached Standard Conditions of Approval: A. GENERAL 1. The subdivision shall comply with the Conditions of Approval attached hereto and referenced herein. 2. The applicant shall comply with the requirements of City Planning, Building and Safety Division Divisions, and Public Works/Engineering Department. 6.1.a Packet Pg. 146 Resolution No. 2022-53 5 TPM NO. 83708 3. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pay the remaining City processing fees. 4. The Parking Permit is approved subject to the Tentative Parcel Map conditions of approval. B. TENTATIVE PARCEL MAP 1. Approval of the Tentative Parcel Map is for subdivision of land only. No land use or development entitlements are expressed or implied. 2. Approval of Tentative Parcel Map No. 83708 shall not be interpreted as repealing, abrogating, or annulling any private easement, covenant, or dual restriction imposed on the subject property. 3. Prior to final map approval, the applicant shall fully comply with the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance, as applicable. 4. The approval of the Tentative Parcel Map No. 83708 expires within three years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 21.20.140. The applicant may request in writing for a time extension if submitted to the City no less than 30 days prior to the approval’s expiration date, subject to DBMC Section 21.20.150 for City Council approval. 5. Prior to final map approval, the Covenants, Conditions, and Restrictions (CC&R’s)/Property Maintenance Agreement that governs the two parcels shall be reviewed and approved by the City Attorney. 6. Prior to final map approval, a reciprocal access and parking agreement for the use and access of all common roads, driveways, parking, and easement areas shall be reviewed and approved by the Community Development Director and City Attorney. 7. The existing reciprocal access and parking agreement with the commercial properties to the north shall be amended to reflect the subdivision of the two parcels, and shall be reviewed and approved by the Community Development Director and City Attorney prior to final map approval. 6.1.a Packet Pg. 147 Resolution No. 2022-53 6 TPM NO. 83708 8. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to Nathaniel E. Williams, Metro Properties LLC, 15243 La Cruz Drive #661, Pacific Palisades, CA 90272. PASSED, APPROVED AND ADOPTED this 4th day of October, 2022. CITY OF DIAMOND BAR _______________________________ Ruth M. Low, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 4th day of October, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: _______________________________ Kristina Santana, City Clerk 6.1.a Packet Pg. 148 Resolution No. 2022-53 7 TPM NO. 83708 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS COMMERCIAL SUBDIVISION PROJECT #: Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 SUBJECT: To create a two-lot subdivision. The subject property consists of approximately 2.09 acres. Proposed Parcel 1 will be 50,747 square feet (1.165 acres) and Proposed Parcel 2 will be 40,336 square feet (0.926 acres). PROPERTY Nathaniel E. Williams, Metro Properties LLC, 15243 La Cruz OWNER(S): Drive #661, Pacific Palisades, CA 90272 APPLICANT: Sarah Bova, Thienes Engineering, Inc. 14349 Firestone Blvd. La Mirada, CA 90638 LOCATION: 2020 S. Brea Canyon Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Tentative Parcel Map No. 83708 No. PL2022-07 brought within the time period provided by Government Code Section 66499.37 or any claim, action or proceeding alleging subdivision of the property is prohibited by contract, Covenants, Conditions, and Restrictions, or similar instruments. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable 6.1.a Packet Pg. 149 Resolution No. 2022-53 8 TPM NO. 83708 attorneys’ fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. The subdivider/applicant shall remove the public hearing notice board within three (3) days of this Proposed Subdivision’s approval. 3. Approval of this request shall not waive compliance with all sections of the Development Code, all applicable City Ordinances, and any applicable Specific Plan in effect at the time of grading and building permit issuance. 4. The Proposed Subdivision site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Tentative Parcel Map and Parking Permit No. PL 2022-07 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City regulations. 7. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, and Public Works Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to final map approval, all deposit accounts for the processing of this project shall have no deficits. 6.1.a Packet Pg. 150 Resolution No. 2022-53 9 TPM NO. 83708 C. TIME LIMITS 1. The approval of Tentative Parcel Map and Parking Permit shall expire within three (3) years from the date of approval if the use has not been exercised as defined per DBMC Sections 21.20.140 and 22.66.050(b)(1). The applicant may request in writing for a one year time extension subject to DBMC Sections 21.20.150 and 22.66.050(c) for City Council approval. D. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT AT (909) 839-7040 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 3. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 4. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 6.1.a Packet Pg. 151 Resolution No. 2022-53 10 TPM NO. 83708 5. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 6. Applicant shall submit payment for the review of the Final Map. Charges shall be on an hourly basis and shall include any City administrative costs. 7. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 8. The site topography shows the natural drainage course, draining from Parcel 1 to Parcel 2. A note shall be included on the Final Map indicating that neither property owner shall modify or block drainage patterns that would impact the cross-lot drainage without prior approval from the City of Diamond Bar. END 6.1.a Packet Pg. 152 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.3 MEETING DATE: September 13, 2022 CASE/FILE NUMBER: Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 PROJECT LOCATION: 2020 S. Brea Canyon Road GENERAL PLAN DESIGNATION: General Commercial ZONING DISTRICT: Community Commercial (C-2) PROPERTY OWNER: Nathaniel E. Williams, Metro Properties LLC APPLICANT: Sarah Bova, Thienes Engineering, Inc. SUMMARY: The applicant is requesting approval to subdivide an existing 2.09 -acre commercial property into two separate parcels within the Plaza Diamond Bar commercial center. No new construction is proposed, and there will be no physical changes to the buildings or property. The following entitlements are requested: (1) Tentative Parcel Map No. 83708 to subdivide an existing commercial property into two separate parcels; and (2) Parking Permit to share driveway access and parking between the newly created properties and within Plaza Diamond Bar. The subject property is zoned Community Commercial (C-2) with an underlying General Plan land use designation of General Commercial (C). RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council approval of Tentative Parcel Map and Parking Permit No. PL2022-07, based on the CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 6.1.b Packet Pg. 153 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 Page 2 of 7 findings of fact, and subject to the conditions of approval as listed within the draft resolution. Background The project site is a 2.09-acre existing commercial property located on the northeast corner of Brea Canyon Road and Pathfinder Road. The commercial center was built under Los Angeles County standards in 1981. The property consists of a 24,896 square-foot, two-story professional office building facing Pathfinder Road and a 9,283 square-foot, one-story inline commercial building consisting of a restaurant, retail, tutoring school, hair salon, and professional offices. The commercial properties to the north located within Plaza Diamond Bar are under separate ownership from the project site, and is not part of this proposed subdivision map. The property is legally described as Lot 1 of Parcel Map No. 13071, and the Assessor’s Parcel Number (APN) is 8765-01-007. Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses locat ed adjacent to the subject property: General Plan Designation Zoning District Land Use Site General Commercial C-2 Commercial Center Consisting of Professional Offices, Retail, Restaurant, Afterschool Tutoring North General Commercial C-2 Professional Offices South Open Space RL Undeveloped Area East N/A N/A SR-57 Freeway West Office C-1 Commercial Center Consisting of Professional Offices 6.1.b Packet Pg. 154 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 Page 3 of 7 Palomino Palomino Site Aerial N Project Location SR60 Diamond Bar Blvd. Pathfinder Road Brea Canyon Road SR57 6.1.b Packet Pg. 155 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 Page 4 of 7 View From Pathfinder Road View from Brea Canyon Road Project Description The applicant proposes to subdivide the commercial center into two separate parcels to allow each parcel to be sold off and separately owned. No new construction is proposed, and there will be no physical changes to the building s or property. The applicant is also requesting a parking permit to share driveway access and parking between the newly created properties and within Plaza Diamond Bar. The proposed subdivision will result in two separate parcels as listed below: Proposed Parcel Current Use Building Size Proposed Lot Size Parcel 1 Professional Offices 24,896 sq. ft. 50,747 sq. ft. Parcel 2 Inline Shops 9,283 sq. ft. 40,336 sq. ft. Existing Lot 91,083 sq. ft. (2.09 acres) 6.1.b Packet Pg. 156 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 Page 5 of 7 Proposed Tentative Parcel Map Plaza Diamond Bar currently has 269 parking spaces on -site and has an existing agreement within the four commercial properties to share parking and all driveways and access. Prior to recording the final map, this agreement would need to be amended to ensure that reciprocal access and parking rights and privileges are also retained among the newly created parcels. See Condition of Approval No. 7 under Tentative Parcel Map of the Draft Resolution (Attachment 1). The center also has an existing maintenance agreement with the commercial properties within the center. This agreement would likewise need to be amended prior to fi nal map recordation. ANALYSIS: Review Authority (Diamond Bar Municipal Code Sections 21.20.080 and 22.30.050) The proposed project requires two entitlement applications for review. The Tentative Parcel Map for the subdivision of land requires City Council approval, and the Parking Permit to share parking and driveway access requires Planning Commission approval. Section 22.48.030 of the Development Code requires all applications to be processed simultaneously by the highest review authority. Therefore, the Planning Commission’s role in this matter is to forward a recommendation to the City Council for two entitlements described below: Parcel 2 N 6.1.b Packet Pg. 157 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 Page 6 of 7 1. Tentative Parcel Map: Pursuant to Section 66424 of the Subdivision Map Act, a Tentative Parcel Map is required for the subdivision of any units/parcels of improved land for the purpose of sale, lease or financing. The existing commercial property is proposed to be subdivided into two separate parcels. These properties will be governed by a property owners associatio n/ property maintenance agreement. There are 269 parking spaces on -site to share within the existing Plaza Diamond Bar commercial center. The existing buildings comply with all required setbacks and development code regulations. The creation of new parcels meets the minimum lot size requirement and is in compliance with the required setbacks and floor area ratio. A property maintenance agreement to govern the two proposed parcels will be subject to review and approval by the City Attorney prior to final map approval. See Condition of Approval No. 5 under Tentative Parcel Map of the Draft Resolution (Attachment 1). 2. Parking Permit: Pursuant to Section 22.30.050 of the Development Code, where two or more commercial uses are developed as a recognized comm ercial center and those uses have distinct and differing peak parking usage periods, a reduction in the required number of parking spaces may be allowed through the approval of a parking permit, provided that the most remote space is located within 300 fee t of the use it is intended to serve (as measured along the most direct pedestrian path). The amount of reduction may be up to the number of spaces required for the least intensive of the two or more uses sharing the parking. Plaza Diamond Bar provides 269 off-street parking spaces. Staff required a parking study (Attachment 3) to analyze the parking demand for all five buildings and uses on-site that provides parking demand calculations based on parking survey observations and the Institute of Transportation Engineers (ITE) Parking Generation Rates (4th Edition) signed by a licensed traffic engineer. Based on the parking survey, the commercial center has a surplus parking of 191 spaces, and there are adequate surplus parking spaces during the peak tim e which is adequate to accommodate the parking demand of all buildings. A draft reciprocal parking and access agreement governing the proposed two parcels for the use and access of all common roads, driveways, parking, and easement areas will be reviewed and approved by the Planning Division and City Attorney’s Office prior to final map approval. See Condition of Approval No. 6 under Tentative Parcel Map of the Draft Resolution (Attachment 1). Compatibility with Neighborhood There are existing professional offices to the north and west of the project site. All existing buildings and uses within the project site will remain and no new construction will take place. Additional Review 6.1.b Packet Pg. 158 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 Page 7 of 7 The Public Works/Engineering Department and Building and Safety Divisio n reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site on August 30, 2022, and the notice was published in the San Gabriel Valley Tribune newspaper on September 2, 2022. The project site was posted with a notice display board, and a copy of the public notice was posted at the City’s designated community posting sites. Public Comments Received At the time the staff report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under 15301(k) (subdivision of existing commercial buildings, where no physical changes occur) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: REVIEWED BY: Attachments: A. Draft PC Resolution No. 2022-XX and Conditions of Approval B. Proposed Tentative Parcel Map No. 83708 C. Parking Study Dated November 8, 2021 6.1.b Packet Pg. 159 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 13, 2022 Consistent with State Assembly Bill 361, members of the Planning Commission were present or participate telephonically. Members of the public were encouraged to participate and address the Planning Commission during the public comment portion of the meeti ng either in person or via teleconference and for those wishing to attend the meeting in person, face coverings were recommended. CALL TO ORDER: Chair/Wolfe called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE: Chairman Wolfe led the Pledge of Allegiance. 1. ROLL CALL: Commissioners present: Naila Barlas, Mahendra Garg (telephonically); William Rawlings (telephonically); Vice-Chairperson Kenneth Mok, and Chairperson Raymond Wolfe Staff Present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Mayuko (May) Nakajima, Associate Planner; Dat Tran, Associate Planner; Stella Marquez, Administrative Coordinator. 2. APPROVAL OF AGENDA: As presented 3. PUBLIC COMMENTS: None Offered. 4. CONSENT CALENDAR: 4.1 Continued Use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State Open Meeting Laws. 4.2 Minutes of the Planning Commission Special Meeting of July 27, 2022. 4.3 Minutes of the Planning Commission Regular Meeting of August 23, 2022. VC/Mok, C/ Barlas seconded, to approve Consent Calendar. Motion carried by the following Roll Call vote with C/Rawlings abstaining on Items 4.2 and C/Garg unable to respond due to his inability to hear the proceedings. 6.1.b Packet Pg. 160 ________________________________________________________________________ SEPTEMBER 13, 2022 2 PLANNING COMMISSION _______________________________________________________________________ AYES: COMMISSIONERS: Barlas, VC/Mok, Rawlings, Chair/Wolfe NOES: COMMISSIONERS: None ABSTAINED: COMMISSIONERS: Rawlings (Item 4.2) ABSENT: COMMISSIONERS: Garg 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Extension of Time for Development Review No. PL2018-100 – Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant and property owner requested a one-year time extension for Development Review No. PL2018-100. The project consists of the demolition of an existing 1,562 square foot residence to facilitate the construction of a 2,527 square foot single family residence with an 821 square foot garage and 782 square feet of patio/porch/balcony area on a 27,034 square foot site. The project was approved on April 28, 2020, and was set to expire on April 27, 2022. An Extension of Time may be granted up to a maximum of one year from the expiration date. The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low Density Residential. PROJECT ADDRESS: 340 Fern Place Diamond Bar, CA 91765 APPLICANT: Bao Pham BPD Engineering 13902 Harbor Boulevard, Unit #2A Garden Grove, CA 92843 PROPERTY OWNER: Alan Lim 340 Fern Place Diamond Bar, CA 91765 AP/Dat presented staff’s report and clarified an error in the staff report and resolution. AP/Dat stated that the correct square footage of the original Development Review approval was 2,658 square feet of livable space (instead of 2,527 square feet) and 1,008 square feet of patio/porch/balcony area (instead of 782 square feet). AP/Dat recommended that the Planning Commission approve the Extension of Time for Development Review No. PL2018-100, based on the Findings of Fact, and subject 6.1.b Packet Pg. 161 ________________________________________________________________________ SEPTEMBER 13, 2022 3 PLANNING COMMISSION _______________________________________________________________________ to the Conditions of Approval as listed within the revised Resolution, with the new square footage noted. VC/Mok asked for a summary of activities relating to the time extension request since expiration. AP/Dat responded that the applicant has been working with staff to resolve remaining issues with grading and building permits, while working with staff to process the time extension request. The grading permits will require additional staff review, but the building permits are completed and pending approval of the time extension. C/Garg asked if the one-year time extension will allow the applicant to start construction. AP/Dat responded that the owner intends to start construction as soon as possible and has indicated intent complete the project within 9 -month period following approval of the time extension. C/Barlas asked if the approval date of the time extension begins on the date of the application. AP/Dat explained that the time extension would be retroactively dated to April 2022, and that the original approval (Development Review PL2018-100) would again expire in April 2023. Chair/Wolfe opened the public hearing. AC/Marquez read a letter received from a resident, Tarek Elsharhawy, regarding this item, a copy of which was provided to Commissioners. Chair/Wolfe stated that the letter requesting the applicant be admonished to provide certain information was not within the purview or authority of the Commission and asked that the other Commissioners proceed only with authorities vested with the Commission. Chair/Wolfe closed the public hearing. C/Garg asked if the applicant was allowed to apply for additional time extensions in the future. CDD/Gubman responded that staff would need t o check the Diamond Bar Municipal Code to see whether one or two additional time extensions could be granted for the project. CDD/Gubman explained that they would be allowed to request at minimum one additional time extension. CDD/Gubman also explained that if the applicant received approval of building permit plans and began construction of the project, additional time extensions would not be required. 6.1.b Packet Pg. 162 ________________________________________________________________________ SEPTEMBER 13, 2022 4 PLANNING COMMISSION _______________________________________________________________________ C/Rawlings moved, C/Garg seconded, to approve the Extension of Time for Development Review No. PL2018-100, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the revised Resolution. VC/Mok re-emphasized that the City’s responsibility is in reviewing the time extension request and not to investigate the financial health of owners. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review and Minor Conditional Use Permit No. PL2022-23 – Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and property owner requested Development Review approval to construct the following improvements to an existing 1,698 square -foot, one-story single-family residence; ● A 970 square-foot, second-story addition with an 18 square-foot balcony; ● A 50 square-foot front porch; ● Conversion of the 450 square-foot garage into a Junior Accessory Dwelling Unit (JADU); and ● A comprehensive remodel of the interior and exterior of the residence in conjunction with the new construction. A Minor Conditional Use Permit was concurrently requested to allow the continuation of the following non-conforming development features: • 3’-6” and 7’ side setbacks (where 5 feet on one side and 10 feet on the other side is required); • 8’-6” and 8’-11” distances between adjoining structures (where 15 feet is required); and • A 10’-6” rear setback (where 20 feet is required). PROJECT ADDRESS: 20948 Moonlake Street Diamond Bar, CA 91789 APPLICANT: Efrain Coronado 151 S. 9th Avenue #A City of Industry, CA 91746 6.1.b Packet Pg. 163 ________________________________________________________________________ SEPTEMBER 13, 2022 5 PLANNING COMMISSION _______________________________________________________________________ PROPERTY OWNER: Javier Mendoza 20948 Moonlake Street Diamond Bar, CA 91789 AP/Nakajima presented staff’s report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit Planning Case No. PL2022-23, based on the Findings of Fact, and subject to the Conditions of Approval within the Resolution. Chair/Wolfe opened the public hearing. Richard Sanchez, the neighbor to the west of the project, said he was concerned about privacy. CDD/Gubman explained that the windows on the first floor would be obscured by landscaping and the second-floor plan calls for the small window on the second story to be stepped in 20 feet back from the wall facing the neighbor. AP/Nakajima added that the second-floor window on the second-floor west elevation is a smaller window, but could be changed to a rectangular, transom-style if it would alleviate the neighbor’s concern. The applicant explained that the second story window will be installed high up to provide lighting for the second story stairwell only and does not offer visibility into or out of personal space. Stephen Saiz, neighbor to the east of the project, explained that the issue of the second story window was discussed with the applicant and staff, and was resolved to his satisfaction. His main concern was that any remaining asbestos would be mitigated during construction so as not to affect the neighbors. VC/Mok complimented Mr. Saiz and the applicant for reaching concurrence amicably. Chair/Wolfe closed the public hearing. AP/Nakajima responded to C/Barlas that asbestos remediation is a Building and Safety condition and the applicant will need to contact AQMD to make certain they obtain the proper clearance before any work is done. P age 13, Condition 11 states that AQMD notification is required at least 10 days prior to commencement of demolition work. C/Rawlings moved, C/Barlas seconded, to approve Development Review and Minor Conditional Use Permit Planning Case No. PL2022-23, based on the Findings of Fact 6.1.b Packet Pg. 164 ________________________________________________________________________ SEPTEMBER 13, 2022 6 PLANNING COMMISSION _______________________________________________________________________ and subject to the Conditions of Approval within the Resolution, including the change recommended by staff. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 – The applicant requested approval to subdivide an existing 2.09 -acre commercial property into two separate parcels. No new construction is proposed and there will be no physical changes to the buildings and property. The following entitlements are required 1) Tentative Parcel Map No. 83708 to subdivide an existing commercial property into two separate parcels; and, (2) Parking Permit to share driveway access and parking between the newly created properties. The subject property is zoned Community Commercial (C-02) with an underlying General Plan Land Use designation of General Commercial (C). PROJECT ADDRESS: 2020 S. Brea Canyon Road Diamond Bar, CA 91789 APPLICANT: Sarah Bova Thienes Engineering, Inc. 14349 Firestone Boulevard La Mirada, CA 90638 PROPERTY OWNER: Nathaniel E. Williams Metro Properties. L.L.C. 15243 La Cruz Drive #661 Pacific Palisades, CA 90272 SP/Lee presented staff’s report and recommended that the Planning Commission recommend to the City Council, approval of Tentative Parcel Map and Parking Permit No. PL2022-07, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the Resolution. Chair/Wolfe opened the public hearing. Chair/Wolfe closed the public hearing. VC/Mok moved, C/Barlas seconded, to recommend to the City Council, approval of Tentative Parcel Map and Parking Permit No. PL2022-07, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the Resolution. Motion carried by the following Roll Call vote: 6.1.b Packet Pg. 165 ________________________________________________________________________ SEPTEMBER 13, 2022 7 PLANNING COMMISSION _______________________________________________________________________ AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS: VC/Mok reported that he participated during evening sessions of the Charrette and said it was great to see everyone including members of the community who expressed their desires for the upcoming town center, and hoped the City would continue its momentum. C/Barlas and C/Rawlings were unable to attend the meetings and thanked VC/Mok for the update. C/Rawlings thanked staff for their extensive work with applicants on the substantial projects that have come before the City. Chair/Wolfe thanked C/Rawlings for pointing out staff’s contributions which are very important and too often overlooked and taken for granted. There is a fair amount of construction work occurring near the City offices and he encouraged people driving drive through the area to be aware and pay attention to their speed so that construction workers remain safe as they go about their business. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman stated that there are no agenda items for September 27th and the Planning Commission will reconvene on October 11th for re-adoption of AB361 and one potential public hearing item. In addition to VC/Mok’s report on the Charrette, the consultants received a lot of input which was translated onto drawings and the next steps are to offer alternatives that incorporate the key principles that have been defined for the Specific Plan, to set up a joint Study Session for the Planning Commission and City Council early next year to discuss which alternative configuration best reflects what the community envisions for the design of the Town Center, and then go back to the community for a Community Workshop tentatively scheduled to take place in March 2023 for the next phase in the Specifi c Plan process. In addition, the City’s website offers an option for residents to subscribe and receive updates regarding the project. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. 6.1.b Packet Pg. 166 ________________________________________________________________________ SEPTEMBER 13, 2022 8 PLANNING COMMISSION _______________________________________________________________________ ADJOURNMENT: With no further business before the Planning Commission, Chair/Wolfe adjourned the Regular Planning Commission meeting at 7:24 p.m. The foregoing minutes are hereby approved this ____________________________, 2022. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director _____________________________ Raymond Wolfe, Chairperson 6.1.b Packet Pg. 167 6.1.cPacket Pg. 168