HomeMy WebLinkAbout021715 - Agenda - Regular MeetingCity Council Agenda
Tuesday, February 17, 2015
5:45 p.m. Study Session - Room -CC8
6:30 p.m. - Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
Carol Herrera
Council Member
Steve Tye Nancy A. Lyons
Mayor Mayor Pro Tem
Jimmy Lin Jack Tanaka
Council Member Council Member
City Manager James DeStefano • City Attorney David DeBerry • City Clerk Tommye Cribbins
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
February 17, 2015
Next Resolution No. 2015-07
Next Ordinance No. 04 (2015)
STUDY SESSION: 5:45 p.m. - Room CC -8
10, Grand Avenue Beautification Project — Discussion and
Action
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
Mayor
Associate Pastor Tim Park
Evangelical Free Church
Council Members Herrera, Lin, Tanaka,
Mayor Pro Tem Lyons, Mayor Tye
Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None.
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 matters of interest to
the public that are not already scheduled for consideration on this agenda.
Written materials distributed to the City Council within 72 hours of the City Council
meeting are available for public inspection immediately upon distribution in the City
Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business
hours.
FEBRUARY 17. 2015 PAGE 2
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five-minute maximum time limit
when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — February 24, 2015 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.2 Parks and Recreation Commission Meeting — February 26, 2015 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.3 City Council Meeting — March 3, 2015 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR:
6.1 City Council Minutes — Regular Meeting of February 3, 2015.
Recommended Action: Approve.
Requested by: City Clerk
6.2 Parks and Recreation Commission Minutes — Regular Meeting of
November 20, 2014.
Recommended Action: Receive and File.
Requested by: Community Services Department
6.3 Ratification of Check Register — Dated January 29, 2015 through
February 11, 2015 in an Amount Totaling $1,246,456.02.
Recommended Action: Ratify.
Requested by: Finance Department
FEBRUARY 17, 2015 PAGE 3
6.4 Award of Contract to ICG, Inc. in the Amount Not -to -Exceed $49,750
for Design of the Steep Canyon Connector Trail and the Pantera Park
Trail.
Recommended Action: Award.
Requested by: Community Services Department
6.5 Award of Contract to Ortco, Inc. for Removal and Replacement of
Playground Surfacing at Maple Hill, Ronald Reagan and Pantera
Parks in the Amount Not -to -Exceed $66,856.10, Plus a 10%
Contingency of $6,685.61 for Unexpected Conditions for a Total
Authorization of $73,541.71 for Fiscal Year 2014/15.
Recommended Action: Award.
Requested by: Community Services Department
6.6 Approve Notice of Completion for the Traffic Signal Battery Back-up
System Project.
Recommended Action: Approve.
Requested by: Public Works Department
6.7 Adopt Resolution No. 2015 -XX: Authorizing Participation in the
National Intergovernmental Purchasing Alliance to Purchase
Janitorial Supplies for City Facilities from Waxie Sanitary Supply as
Distributor for Network Services Company in the Amount Not -to -
Exceed $65,000 for Fiscal Year 2014115 and Authorize the City
Manager to Execute the Agreement to Complete the Purchases.
Recommended Action: Adopt and Authorize.
Requested by: Community Services Department
6.8 Award of Contract to And 1 Officials (Replaces the Name Elite
Officials) to Officiate the City's Youth and Adult Basketball Programs
for the Period of September 16, 2014 through June 30, 2015 in the
Amount Not -to -Exceed $35,000.
Recommended Action: Award.
Requested by: Community Services Department
FEBRUARY 17, 2015 PAGE 4
6.9 (a) Award of Construction Administration Services Contract to
Onward Engineering for the Grand Avenue Beautification Project,
Federal Project No. HPLUL-5455(016), in the Amount of $114,855;
Plus a Contingency Amount of $10,000 for a Total Authorization of
$124,855.
Recommended Action: Award.
(b) Appropriate Prop C Savings of $53,600 from the FY 2014-2015
Arterial Zone 1 CIP Budget, Prop A Exchange Funds Savings of
$44,000 from the FY 2014-15 Residential Area 2 CIP Budget, Prop C
Savings of $100,000 from the FY 2014-15 Dial -A -Cab Transit Program,
Gas Tax Savings in the Amount of $180,000 and Unrestricted Traffic
Mitigation Funds in the Amount of $165,014 to the FY 2014/15 Grand
Avenue Beautification CIP Budget; Adopt Resolution No.2015-XX:
Approving Plans and Specifications and Establishing a Project
Payment Account; Reject the Lowest Bidder, Unique Performance
Construction Inc.; and Award the Construction Contract for the
Grand Avenue Beautification Project Federal Project No. HPLUL-
5455(016) to All American Asphalt in the Amount of $1,939,900; and
Authorize a Contingency Amount of $193,900 for Contract Change
Orders to be Approved by the City Manager, for a Total Authorization
Amount of $2,132,900.
Recommended Action: Appropriate, Adopt Resolution, Reject and Award.
Requested by: Public Works Department
7. PUBLIC HEARINGS: None.
8. COUNCIL CONSIDERATION: None.
COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
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Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 3, 2015
CLOSED SESSION: 6:00 p.m., Room CC -8
@M17
110Government Code Section 54956.9 (Anticipated Litigation) - Potential
One (1) Case — Government Claim filed by Diamond Bar Country Estates Association
Dated January 20, 2015 — Relating to Millennium — Diamond Road Partners Project.
Public Comments on Closed Session - None
CA/DeBerry stated that no reportable action was taken during Closed Session.
CALL TO ORDER: Mayor Tye called the Regular City Council meeting to
order at 6:31 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE
INVOCATION:
the invocation.
ROLL CALL:
Lyons, Mayor Tye.
Absent:
Mayor Tye led the Pledge of Allegiance.
Shaykh Nomaan Baig, Institute of Knowledge, gave
Council Members Herrera, Tanaka, Mayor Pro Tem
Council Member Lin was excused.
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Deputy City Manager; Ken Desforges, IS Director; David Liu,
Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell,
Finance Director; Greg Gubman, Community Development Director; Marsha Roa,
Public Information Manager; Kimberly Young, Senior Civil Engineer; Anthony Santos,
Management Analyst; Cecilia Arellano, Public Information Coordinator, and Tommye
Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
NEW BUSINESS OF THE MONTH:
1.1 M/Tye and City Council Members presented a Certificate Plaque to Ravia
Tej for Dilliwala Indian Kitchen, 303 S. Diamond Bar Boulevard, Suite G,
as New Business of the Month for February 2015.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/DeStefano reported that Diamond Bar Boulevard north of Sunset Crossing
where the Diamond Star Auto Shop used to be will now become American Tire
Depot which operates 73 stores in southern California and is opening three
FEBRUARY 3, 2015 PAGE 2 CITY COUNCIL
additional stores in southern California including the space in Diamond Bar.
American Tire Depot may be forthcoming with plans for a complete building
renovation prior to moving the operation into the facility.
The East 180 Restaurant formerly located on Diamond Bar Boulevard at
Palomino across from the Vons Shopping Center unfortunately closed. The
location is now under construction to be turned into a Japanese restaurant.
Plans are underway with demolition work being done to demolish portions of the
exterior and interior.
The Shell Station has now reopened and is moving forward with a 7 -Eleven
Convenience Store inside the station. For the next couple of months there will be
a temporary cashier station outside of the building during its completion. In the
future, the station may continue to move forward with the carwash which was
approved for construction several years ago.
The K -mart property owner purchased the lease back from K -mart which now
allows the owner/developer to redevelop the property. The City has been
working with the property owner who has indicated interest in a retail anchor
shopping center with drawings forthcoming in about two months.
The Diamond Jim's Dairy 9 -unit condominium project on Golden Springs
northeast of Diamond Bar Boulevard was approved several years ago; however,
has been stopped for about a year and a half due to residual contaminates from
the gas station previously on site were found in the soil when grading
commenced on the project. The property owner has been working with the
State's Department of Substances Control via a voluntary cleanup agreement
which the City expects that the effort will take some additional time. The project
is moving forward but not yet ready to begin formal construction during the
remediation effort.
The shopping center located at the intersection of Diamond Bar Boulevard and
Grand Avenue where the Windmill is located is currently undergoing renovation
including parking lot improvements, landscaping improvements, painting of the
entire center and the addition of "Crunch Fitness" and reconstruction of the
former Ralph's Market that will become a Walmart Neighborhood Grocery Store
scheduled to open mid to late June.
Property commonly known as the Walnut Pools building on Golden Springs Drive
close to Brea Canyon Road has been closed and has also been undergoing a
transformation. Tenant Improvements are about 80 percent complete. The
property owner is looking to complete the work by modernizing the exterior and
landscaping as well as, looking to possibly reconfigure the parking lot. The site
should be open later this year with additional service and office oriented uses.
Property located in front of Target on Golden Springs Drive next to Chili's
Restaurant (Panda pad) recently received Planning Commission approval for
FEBRUARY 3. 2015 PAGE 3 CITY COUNCIL
construction of a single building with a drive-thru that will house a Starbucks, T -
Mobile and likely a Waba Grill or some other fast-food operation.
Inside the GatewayCorporate Center, Kaiser has almost completed its significant
expansion of its medical center property and should be done by late March/early
April.
The owner of what was previously the Honda property has established an
incentive -based zoning for the property in order to generate a hotel anchor
development. The City sees that site as significant in terms of generating
significant hotel occupancies whether or not a stadium is built next door to it on
the City of Industry's property. The anticipated project is about two months away
from draft of working plans for a hotel project. There is not yet a hotel partner or
franchise operator on board but staff is working with the property owner toward a
hotel on the property.
The Willow Heights Project at Brea Canyon Road and Diamond Bar Boulevard
(Lennar Homes/formerly Site D) is moving forward. About 63 building permits
have been pulled. Models are planned for opening in April for which there is an
interest list of well over 1000 people. The City expects the project to be a
tremendous success for Diamond Bar and there are a variety of activities
currently underway.
CM/DeStefano said that if any member of the public has questions about any of
the projects they are free to contact him at City Hall.
M/Tye asked if the American Tire Depot is corporately related to America's Tires
that is slated to go in next to the carwash.
CM/DeStefano explained that they are two different companies. America's Tires
is also known as Discount Tires with their national tire store located in Chino Hills
near Costco. America's Tires is a retail store going into the former 76 Unocal
Station site also with contaminated soil which is an issue between the buyer and
seller of the property currently under resolution. America's Tire still wants the
site and has been talking with staff about extending their previously approved
permits.
M/Tye asked for assurance that Walnut Pools is making progress.
CM/DeStefano said it was a slow moving process.
M/Tye asked if it was possible that if the Honda property takes on a life of its own
that it could be fenced off including the Burger King property. There are cars at a
closed site and there seems to be a problem.
CM/DeStefano responded affirmatively
FEBRUARY 3, 2015 PAGE 4 CITY COUNCIL
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Library, spoke about upcoming events including
playtime in a sandbox on February 4 at 11:00 a.m. where children can mold,
smash and explore in non-toxic moon sand. On Wednesday, February 11 at
4:00 p.m. there will be a Chinese Calligraphy workshop for children. Sign up for
the class will be at the information desk for this workshop which is sponsored by
The Diamond Bar Friends of the Library. The honor society from Diamond Bar
High School will be performing a puppet show based on the story The Listening
Tree on February 17 at 4:00 p.m. immediately followed by an art activity for
attendees. To learn more about the library and its programs visit the webpage at
www.colapublib.org
4. RESPONSE TO PUBLIC COMMENTS: None
5.
R
SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — February 10, 2015 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive. (Canceled)
5.2 Traffic and Transportation Commission Meeting — February 12, 2015 —
7:00 p.m., Windmill Community Room, 21810 Copley Drive.
5.3 Household Hazardous Waste and E -Waste Roundup — Saturday,
February 14, 2015 — 9:00 a.m. to 3:00 p.m., Gateway Corporation Center,
1300 Block of Bridge Gate Drive.
5.4 Presidents Day — February 16, 2015 — City Offices closed in observance
of Presidents' Day. City Offices reopen Tuesday, February 17, 2015 at
7:30 a.m.
5.5 City Council Meeting — February 17, 2015 — 6:30 p.m.,
SCAQMD/Government Center, 21865 Copley Drive.
CONSENT CALENDAR: MPT/Lyons moved, C/Herrera seconded, to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/Lyons, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Lin
6.1 APPROVED CITY COUNCIL MINUTES:
6.1.1 Study Session of January 20, 2015.
6.1.2 Regular Meeting of January 20, 2015.
FEBRUARY 3, 2015 PAGE 5 CITY COUNCIL
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular
Meeting of November 25, 2014
6.3 RATIFIED CHECK REGISTER — Dated January 15, 2015 through
January 28, 2015 totaling $506,672.18.
6.4 APPROVED TREASURER'S STATMENT — Month of December 2014.
6.5 RECEIVED AND FILED — GENERAL PLAN STATUS REPORT FOR
2014.
6.6 APPROVED NOTICE OF COMPLETION FOR THE RESIDENTIAL AREA
2 (BOUNDED BY GRAND AVENUE TO THE NORTH, GATEWAY
CORPORATE CENTER TO THE WEST, DIAMOND BAR BOULEVARD
TO THE EAST AND PATHFINDER ROAD TO THE SOUTH) AND
ARTERIAL ZONE 1 (DIAMOND BAR BOULEVARD BETWEEN SUNSET
CROSSING ROAD AND GOLDEN SPRINGS DRIVE) ROAD
MAINTENANCE PROJECT.
6.7 LANDSCAPE DISTRICT NUMBERS 38, 39 AND 41:
a) ADOPTED RESOLUTION NO. 2015-02: ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY
LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY
ASSESSMENT THEREON, FOR FY 2015-16.
b) ADOPTED RESOLUTION NO. 2015-03: ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT RELATED TO
MAINTENANCE OF OPEN SPACE IN THE CITY LANDSCAPING
ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT
THEREON. FOR FY 2015-16.
c) ADOPTED RESOLUTION NO. 2015-04: ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT RELATED TO
MAINTENANCE OF OPEN SPACE IN THE CITY LANDSCAPING
ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT
THEREON, FOR FY 2015-16.
6.8 AUTHORIZED TO EXCEED THE CITY MANAGER'S PURCHASING
AUTHORITY TO APPROVE EXPENDITURES WITH DIVERSIFIED
PRINTERS, INC. FOR PRINTING SERVICES IN AN AMOUNT NOT -TO -
EXCEED $65,000 DURING FY 2014-15.
FEBRUARY 3. 2015 PAGE 6 CITY COUNCIL
6.9 AUTHORIZED TO EXCEED THE CITY MANAGER'S PURCHASING
AUTHORITY TO APPROVE PROFESSIONAL SERVICES
EXPENDITURES WITH SIMPSON ADVERTISING, INC. FOR
SPECIALTY GRAPHIC DESIGN SERVICES IN AN AMOUNT NOT -TO -
EXCEED $80,400 FOR FY 2014-15.
6.10 ADOPTED RESOLUTION NO. 2015-05: AUTHORIZING A RENEWAL
OF THE GENERAL SERVICES AGREEMENT WITH THE COUNTY OF
LOS ANGELES.
7. PUBLIC HEARINGS:
7.1 ADOPT INTERIM ORDINANCE NO. 03 (2015): EXTENDING
ORDINANCE NO. 02(2015) PROHIBITING THE ISSUANCE OF LAND
USE PERMITS OR BUSINESS LICENSES FOR ESTABLISHMENT,
EXPANSION, OR RELOCATION OF MASSAGE ESTABLISHMENTS
CITYWIDE IN ACCORDANCE WITH THE PROVISIONS OF
GOVERNMENT CODE SECTION 65858 AND DECLARING THE
URGENCY THEREOF.
CM/DeStefano stated that on January 6 the City Council adopted an
urgency Ordinance prohibiting the establishment of massage facilities in
the City. This evening staff is recommending adoption of an ordinance to
provide additional time for staff to craft new ordinances for Council's
consideration. CM/DeStefano indicated that this matter requires a
unanimous vote of tonight's four sitting members of the City Council.
CDD/Gubman reported that as was discussed when the City Council
adopted this moratorium on January 6, AB1147 went into effect the
beginning of 2015. As was reported at that time, cities and counties had
been severely restricted in their ability to regulate massage
establishments due to a law that went into effect in 2009. Thankfully,
AB1147 went into effect at the beginning of this year which restores many
of the City's regulatory powers pertaining to massage establishments.
Staff is studying AB1147 and anticipates that in the next few months will
bring the City Council a new regulatory ordinance that applies to massage
establishments. As staff further explained at the January 6 City Council
meeting, when the City embarks on a moratorium to give staff time to
develop new regulations while simultaneously prohibiting the particular
use addressed in the moratorium from further proliferating, the City can
initially adopt the moratorium for 45 days, and within that 45 day period,
staff can come back to the City Council and request additional time. Thus,
with the adoption of this moratorium time extension, staff is seeking the
maximum 10 month and 15 day extension allowed by law which extends
the moratorium for an entire year. Staff does not believe it will need the
entire year to complete the ordinance and accordingly, the moratorium can
FEBRUARY 3, 2015 PAGE 7 CITY COUNCIL
be revoked prior to the end of the moratorium period at the same time the
new regulations are adopted.
MPT/Lyons asked staff to remind the Council of how many such
establishments were in the City two years ago and how many are in the
City now.
CDD/Gubman responded that there are currently 12 massage
establishments in the City. Prior to AB1147 going into effect there were
perhaps 4 or 5.
CDD/Gubman agreed with M/Tye that Massage Envy was the first
established after SB731 went into effect which enabled them to open
without a Conditional Use Permit. The 2009 law was written to remove
the barriers that kept these appropriate types of businesses from opening.
Prior to that the City has issued Conditional Use Permits for two or three
foot massage businesses and there were some pre-existing massage
establishments that had come and gone.
M/Tye opened the Public Hearing.
With no one present who wished to speak on this matter, M/Tye closed
the Public Hearing.
C/Herrera moved, C/Tanaka seconded, to adopt Interim Ordinance No. 03
(2015): Extending Ordinance No. 02(2015) Prohibiting the Issuance of
Land Use Permits or Business Licenses for Establishment, Expansion or
Relocation of Massage Establishments Citywide in Accordance with the
Provisions of Government Code Section 65858 and Declaring the Urgency
thereof. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
8. COUNCIL CONSIDERATION:
Herrera, Tanaka, MPT/Lyons,
M/Tye
None
Lin
8.1 ADOPT RESOLUTION NO. 2015-06: AMENDING THE FY 2014-15
MUNICIPAL BUDGET.
CM/DeStefano stated that this is the time of year when the finance staff
brings to the City Council the mid -year budget adjustment. Details of the
will be presented by FD/Honeywell who will provide an update to a couple
of changes on Pages 5 and 6 of the report that actuall6y lower the
appropriation needs for the remainder of this fiscal year.
FEBRUARY 3, 2015 PAGE 8 CITY COUNCIL
FD/Honeywell began her report announcing the following changes - Page
5 should read the mid -year budget amendment includes an increase in
estimated revenue for the General Fund in the amount of $586,208 and an
increase in General Fund appropriations in the amount of $299,750 which
is outlined in Exhibit A. On Page 6 there is a change to the Vehicle
Replacement Fund which should read $2,500 for the appropriations
increase changing the grand total appropriation increase to $297,223 for
all funds.
FD/Honeywell that went on to state that the purpose of this report is to
update the City Council on the City's financial condition at the midpoint of
the 2014-15 Fiscal Year and make the appropriate adjustments to the
budget. The City has continued to see moderate increases in most
revenue sources, which is a positive indicator of an improving local
economy. Property and Sales tax revenue represent 57 percent of the
General Fund revenue, so meaningful increases in these categories are
important financial indicators for the City. While property tax is showing
significant increases of nearly $300,000 over the original adopted budget,
sales tax is projected to go down nearly $185,000 which is due primarily to
falling gas prices and the City's reliance on sales tax revenue from service
stations. A notable increase in General Fund revenue can be found in the
Building Fee category. Building fees have increased significantly due to
increased permit volume related to the new housing development known
as Willow Heights. Building is ahead of schedule; therefore, more
revenue is expected to be realized this fiscal year. Overall, there is an
increase to the General Fund revenue in the amount of $586,000 of which
$6,000 is a use of General Fund reserves.
The City has continued to control expenditures in order to best meet the
needs of the organization and its residents. Staff is recommending an
increase of General Fund expenditures at mid -year of $298,000 over the
current adopted budget. This increase includes a variety of things ranging
from the implementation of a new safety program to increased
professional services related to the building permit volume. A large
portion of this General Fund expenditure increase is the anticipated
savings of $250,000 from the Public Safety budget being transferred into
the Law Enforcement Reserve Fund. These funds will be used to offset
future increases in the Sheriffs Department's contract. This savings is
due to an unfilled position in the Special Assignment Team. Due to the
fact that the 2014 crime rates declined significantly, this position will likely
remain unfilled for the remainder of the year. The details of all of these
changes can be found in Exhibit A of staff's report. The adjustments of
the mid -year will bring projected General Fund balance reserves by June
30, 2015 to $17.2 million which is 68.2 percent of General Fund
appropriations.
Also included in this mid -year report are a variety of adjustments to the
FEBRUARY 3, 2015 PAGE 9 CITY COUNCIL
special revenue funds and the internal service funds. The most notable
adjustments include a decrease in Proposition C appropriations of
$100,000 due to recent changes to the Dial -A -Cab program and, as
previously mentioned, the $250,000 increase in transfers into the Law
Enforcement Reserve Fund.
M/Tye asked FD/Honeywell about the Beverage Container Recycling
Grant on Page 5 and a carryover of $24,443. He asked if staff was
keeping an eye on that because his understanding was that it would not
be long before the program was broke and wondered if the program would
go away or if beverages costs would be increased.
FD/Honeywell said she understands that the City Manager's office has a
plan in place to utilize those funds by the end of this fiscal year.
M/Tye asked if the City was obligated to these types of programs and by
paying attention to the program, when these funds are no longer available
would the City no longer be obligated to continue funding those programs.
DCM/McLean responded that those are grant funds. The City can use the
funds for different recycling programs in its Environmental Services
Program and that the City has a certain amount of time to allocate those
funds toward those programs. In this instance, staff is in the process of
creating a program and an allocation for the funds and accordingly, the
City plans to spend those funds shortly. As far as M/Tye's question about
funding the future program, the City does not pay into that program — it is
a grant program that the State delivers funds to the City to use in its
Environmental Services Program.
MTye asked for confirmation that the City was not committed beyond the
resources it currently holds.
DCM/McLean responded "no."
MPT/Lyons asked staff to comment on what the Safe Parks Fund is and
what the City spends money on.
CSD/Rose explained that the Safe Parks Fund is money the City receives
from Proposition A, an LA County Proposition which is based on
population. Within the Safe Park Act Funds are "unrestricted" funds which
can be used for any type of park improvement and "restricted" funds which
can only be spent on programs that utilize "Youth at Risk". The Youth
Group Program includes the use of California Conservation Corp which
automatically qualifies for that funding. The California Conservation Corp
does trail maintenance and work on weed removal, fire brushing, etc.
C/Herrera moved, MPT/Lyons seconded, to Adopt Resolution No. 2015-
06: Amending the FY 2014-15 Municipal Budget as recommended by
FEBRUARY 3, 2015 PAGE 10 CITY COUNCIL
staff. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Lin
8.2 RATIFY APPOINTMENT TO THE PLANNING COMMISSION TO FILL
THE UNEXPIRED TERM OF APPOINTED COUNCIL MEMBER JIMMY
LIN.
M/Tye stated that two individuals submitted applications to serve on the
Planning Commission and he spoke with a number of other interested
parties. He recommended that Bob Nishimura be appointed to serve as a
Planning Commissioner for the unexpired term previously held by City
Council Member Jimmy Lin. Bob Nishimura was a candidate for the City
Council vacancy and has been very involved in the community for many
years. He has served on the WASK Accreditation Committee, is an
assistant coach for the Girls Softball Team and has been involved in
Diamond Bar Girls Softball since 2002, Diamond Bar MJB Basketball
League, Diamond Bar AYSO and a variety of different things. He is a
retired policeman and has dedicated many hours of service to the City.
C/Herrera moved, C/Tanaka seconded, to ratify M/Tye's appointment to
the Planning Commission to fill the unexpired term of appointed City
Council Member Jimmy Lin. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Herrera, Tanaka, MPT/Lyons,
M/Tye
None
Lin
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Tanaka said that last Tuesday he attended the DB 4 Youth "In Action" and the
group continues to grow with over 50 youth in attendance. CSC/Meyers does a
great job coordinating and scheduling events. He congratulated Garrett Masuda
who chairs the group. Last Wednesday he attended the Los Angeles County
Fair Community Committee Chairman's meeting at the Fairplex for a recap of last
year's community days and what is being planned for this year's Diamond Bar
Community Day at the Los Angeles County Fair scheduled for Thursday,
September 24. On Thursday he attended Armstrong Elementary School's Living
Museum. He thanked the Sheriff's Department and Volunteers on Patrol for
keeping the City safe. This afternoon there was a terrible accident on Grand
Avenue and Diamond Bar Boulevard and the intersection was closed down very
quickly and efficiently and traffic was diverted through Diamond Bar without much
FEBRUARY 3, 2015 PAGE 11
delay.
CITY COUNCIL
C/Herrera said she knows it is very important for residents to have a safe
community and she wanted them to know that their Sheriff's Department is doing
everything possible to provide that safety. A couple of significant occurrences
happened recently during which the Sheriff's Department took quick action. On
January 20 the Diamond Bar team served a narcotics warrant on the street
where it was determined that a male was distributing drugs out of his house. The
warrant was served and the suspect was arrested without incident and narcotics
and money were seized from the location. That same day a resident on another
street in town called 911 to report his neighbors house being burglarized which
brings to attention how important it is for residents to be aware of their
surroundings and when witnessing an activity that seems to be out of place the
Sheriff's Department should be called immediately. This neighbor did so upon
witnessing two females exit a vehicle which was parked in the driveway, go to the
back of the house and carry shopping bags full of goods from the house. The
neighbor took down the vehicle license number and later that day the vehicle was
stopped in the City of Industry with the stolen items still inside. Three people
were arrested for burglary. She thanked the Sheriff's Department for their great
action and all that they do to keep neighborhoods safe and said it was a reminder
for all community residents to be alert and report things they believe are strange
and out of order and if residents do that, this will be a much safer community.
MPT/Lyons reported that last week she joined the Sunshine Senior's Dancing
Divas for an exercise class; and, attended the Planning Commission meeting last
week. She asked that residents check the Diamond Bar Connection which is the
City newspaper that is delivered to each home that contains a lot of interesting
information and pictures. One article refers to getting free help with income taxes
for individuals over 55 and another article about the E -Waste event.
M/Tye said he was privileged to attend the Diamond Bar Friends of the Library
volunteer appreciation gathering and honor MPT/Lyons as she, Tony Torng and
Rick Rogers were recognized for their service to this group that has raised
hundreds of thousands of dollars for the library in a variety of ways to offset many
of the cuts that have impacted the library over the years. During the event he
bragged about Pui-Ching Ho to Margaret Donnellan Todd. Residents appreciate
the Friends and all that they do. The 22nd Annual Wine Soiree is coming up the
end of April and all proceeds go to benefit the library. On Sunday he represented
Diamond Bar as its Mayor to the Southern California Chinese American
Environmental Protection Association. He addressed about 200 attendees and
spoke about the fine work they are doing and what Diamond Bar is doing to
curtail water use and be as efficient as possible. He was invited by Scarlett
Kwong, Walnut Valley Water District Board Member. The event was held at the
Diamond Bar Center and it was a pleasure to represent the City. Too often he
thinks that people do not take a moment to say "thanks" and he gave a synopsis
of a couple of letters from residents sent to the City regarding the Sheriff's Office.
He believes the benefit realized in this community starts at the top with Captain
FEBRUARY 3, 2015 PAGE 12 CITY COUNCIL
Scroggins and his team. He said he would share the letters with the new
Sheriff's Captain McDonald. One person said "it was nice to see the same
deputies in their neighborhood, deputies who take the time to get to know the
residents. Where he grew up in Whittier everyone knew the policeman and knew
the guys that patrolled the neighborhood. He went on to say he learned about
the special project team consisting of Deputies Villasenor, Thorn and Scheller
who are attacking problems in our neighborhood. Please thank these deputies
and the Diamond Bar Sheriff's Station for keeping our neighborhood safe. Again,
in the span of just over a week they have caught a burglar breaking into a
neighbor's home, arrested a kid dealing drugs on our street, and quickly
responded to a man walking on the hillside in our back yard." M/Tye quoted "If it
is to be, it's up to me." If DB is going to be a safe community and take action we
have to start the action and do what needs to be done so that not only our
property is protected but our neighbors' properties as well. The writer went on to
say "they can no longer be in denial about the activity that is taking place under
their roof. With the excitement last week of the in -progress burglary and search
warrant yesterday, our neighborhood knows that crime is not tolerated here."
M/Tye said that goes for his neighborhood and for all of Diamond Bar and he
hoped that bad guys would get the message that if they wanted to do bad things
keep driving past Diamond Bar because bad behavior is not tolerated here.
There are eyes and ears everywhere. He again thanked Captain Scroggins and
his team.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
City Council Meeting at 7:25 p.m.
TOMMYE CRIBBINS. CITY CLERK
The foregoing minutes are hereby approved this day of 2015.
STEVE TYE, MAYOR
Agenda No. 6.2
CITY •= DIAMOND BAR
MINYTES • TARKS
.. 14 -q-174MISSI&V
DIAMOND `••f..
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
NOVEMBER 20,2014
CALL TO ORDER:
Chairman Owens called the Parks and Recreation Commission meeting to order at 7:00
p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Herndon led the Pledge of Allegiance.
ROLL CALL:
Present: Commissioners Dave' Grundy, Lew Herndon, Kim
Hsieh, and Chairman Ted Owens
Absent: Vice Chairman Benny Liang was excused
Staff Present: Bob Rose, Community Services Director; Anthony
Jordan, Parks Maintenance Superintendent; Christy Murphey, Recreation
Superintendent; Clods Vargas, Community Services Specialist, and Debbie Gonzales,
Administrative Coordinator
MATTERS FROM THE AUDIENCE: None
CALENDAR OF EVENTS: As presented and amended by CSD/Rose
1. CONSENT CALENDAR:
1.1 Approval of Minutes for the October 23, 2014 Regular Meeting.
C/Grundy moved, C/Hsieh seconded, to approve the October 23, 2014
Minutes as corrected. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
2. INFORMATIONAL ITEMS:
Grundy, Hsieh, Chair/Owens
None
Herndon
VC/Liang
2.1 Recreation Program Update — RS/Murphey
C/Herndon asked if there is enough floor space in the available gyms to
accommodate additional kids interested in joining the youth basketball
program and RS/Murphey responded that currently there is sufficient
space and not all of the age divisions are full or near full so it may mean
that one will remain smaller and the 7 year old division will be able to
NOVEMBER 20, 2014 PAGE 2 P&R COMMISSION
increase. C/Herndon asked if it was near capacity and RS/Murphey
responded that the program can grow by about one hundred additional
participants.
Chair/Owens said he noticed that non-resident participation is at about 62
percent and asked if residents were being eliminated from the youth
basketball program and RS/Murphey responded that residents are given a
one-week priority to register. It is not staffs intention to eliminate
residents from the program.
Chair/Owens asked about the revenue for the Haunted House and Fall
Fun Festival. RS/Murphey responded that there were 222 game and craft
cards sold at $5 each. On Halloween night 197 participated. RS/Murphey
explained that CSC/Tarazon would have the figures for the next
Commission meeting report.
2.1.1 Power Point Presentation on Senior Program Update -
CSSNargas
C/Hsieh asked the age requirement for the program and
CSSNargas responded that it is for individuals aged 55 and older.
2.2 Parks Report — PMS/Jordan
C/Grundy asked if the wiring is insured and PMS/Jordan responded that it
is insured and there is a $5,000 per occurrence deductible. The cost for
repairs at Pantera Park was just under $2,500 and fell within the
deductible. The Peterson Park repairs were done in-house.
C/Grundy asked if staff should be more proactive by filling in other boxes
not currently filled with concrete and PMS/Jordan responded that staff will
begin filling in those boxes with concrete and begin welding the hand
holds shut on some of the steel poles. When repairs ,are needed, the
welds will be grinded off for access. It will be much less expensive than
paying $2,400-$2,500 for wire replacement.
Chair/Owens asked if there had been any reports of Africanized bees in
the City parks and PMS/Jordan responded that nearly every report of
bees in parks involve Africanized bees. The most recent occurrence was
on the Grandview Trail during the construction process. Authorities tell
staff to assume all bee encounters involve Africanized bees. The City has
bee removers come out on occasion to remove a colony of bees at a cost
of about $125 for each visit. The bees are gone from the tree on
Grandview Trail and the tree will be removed.
C/Herndon asked what is happening next to City Hall and PMS/Jordan
explained that construction is underway to build a permanent pad with
enclosure for the emergency generator and changing out the transfer
switch from manual to automatic in case of a power outage%mergency.
NOVEMBER 20, 2014 PAGE 3 P&R COMNMSION
2.2.1 Power Point Presentation on Peterson Park walkthrough with
C/Grundy— PMS/Jordan
C/Grundy thanked PMS/Jordan for the report. When looking at the
details there appeared to be a number of items that needed
addressing but when looking at a photo he believed the overall
appearance of the park was well presented. He does not want the
impression to be that there were a lot of things wrong but there are
items that need to be attended to but overall, the park is in pretty
good shape.
C/Herndon said he noticed the metal structure of the bleachers
seems to be pretty rusty in places and asked if staff had plans to
paint the structure. PMS/Jordan explained that it is galvanized
steel and it is beginning to rust around the periphery. He does not
believe it is painted but staff can paint it but he would have to look
at it again to evaluate the condition. His preference would be to
attempt to sand the affected areas and put on some type of rust
inhibitor. Painting the structure is quite a task and once painted, it
creates another recurring maintenance activity.
C/Herndon said the photo of the swing appeared to show the bars
across the top might be in need 'of remediation as well.
PMS/Jordan said he had reported on this issue before. There is
blue paint that is actually in pretty fair shape; however, in other
areas the blue paint has been eroded away down to the primer and
bare steel. The issue is that a bigger kid might want to swing and
because that. kid is taller will wrap the swing chains around the top
to lift the seat higher. The chain is not on a bushing/clevis and the
chain rubbing on the top obliterates the paint. Staff can paint those
and within a week the paint is gone. While it.is aesthetically not
pleasing, the structure is in good shape.
C/Hsieh asked if powder coating protects better than painting.
PMS/Jordan said that C/Hsieh is correct that powder coating is a
much more durable coating and is typically something that is done
by the manufacturer at time of construction. While it is more
durable it is not absolutely impervious or resistant to rust. Under
the powder coating is mild steel that has been welded similar to
how other structures are welded and as time passes and children
are swinging and playing or sitting on it, there is
flex/expansion/contraction and the welded joints begin to crack the
powder coating and water invades the area and the steel begins to
rust from the inside out which leaves the powder coating intact but
bubbles because it is rusting from within. While powder coating is
very good it is not absolutely foolproof. If the City were to paint a
park bench that had been powder coated, it would be a band-aid
approach because it would continue to rust. To make it permanent,
NOVEMBER 20, 2014 PAGE 4 P&R
it would have to be removed and replaced with recycled plastic
materials or have the bench sand blasted and re -powder coat it, the
cost of which would be prohibitive. The City is better off replacing
the bench with a new bench. C/Hsieh asked about the cost of
recycled plastic versus metal and CSD/Rose responded that the
costs are comparable depending on features. Benches with
backrest and armrests are about $700-$800 for powder coated
metal or recycled plastic. Recycled plastic is used on the park trails
and some of the material is guaranteed for 50 years. Recycled
plastic is much more durable than metal. C/Hsieh felt recycled
plastic would be more comfortable during both hot and cold
weather and CSD/Rose agreed because recycled plastic does not
retain heat and cold the same as metal.
Chair/Owens asked if payphone vandalism was occurring in all
parks or just in particular parks and PMS/Jordan said that this was
the first such incident experienced in a long time. The payphone at
Pantera Park was not in -the best condition for some time and the
phone company eventually replaced it. He is not sure that it was
vandalized so much as it was very well used and worn out. The
payphone at Peterson Park is the first occurrence of vandalism on
a payphone that he has seen in quite a long time. Payphones are
used frequently. CSD/Rose said that it costs about $100 a month
to have the payphones in their locations but when they are working
they provide free 911 calls in emergency situations. Because the
City is built on hillsides there are areas where cell phones do not
work and staff believes it is good to provide the pay phones for
emergencies. He said that at one time or another over the years
every payphone has been broken or vandalized but it does not
happen very often.
C/Hsieh asked if every park had a payphone and CSD/Rose
explained that every park that has a restroom building and access
for telephones has a payphone. The mini parks do not have
payphones.
PMS/Jordan spoke about Tipuana trees growing in front of the tiny
tot and restroom area at Pantera Park that have invasive roots and
grow to be very tall. Currently, the average tree diameter at the
park is 10 to 12 inches and they will grow significantly larger. Over
the years, the roots have infiltrated the concrete and have caused
several dlJplaCt:1 lents. The Public 'WolkS Depallment has been
grinding the displacements but the sidewalk has been ground so
much that the grinding operation must cease and the concrete will
have to be replaced which will occur next week. In addition, the
Tipuana.trees that provide a lovely canopy will need to be removed
and replanted with a more suitable species for the five foot tree
wells.
NOVEMBER 20, 2014 PAGE 9 P&cR
C/Herndon asked if the newly planted mature trees would provide
the same kind of canopy and PMS/Jordan said staff was not yet
certain what species would be planted. One consideration is the
Tristania laurina which has a nice canopy. PMS/Jordan said he will
consult with the City's arborist to discuss options. C/Herndon
asked if staff considered putting a raised platform around the trees
rather than removing them and PMS/Jordan responded that the
sidewalk is raised and displaced so that would have to be
addressed. If there was an attempt to build up what currently
exists, the existing roots would continue to create a displacement
for whatever was constructed. C/Herndon said he was thinking
about eliminating the concrete and constructing a raised deck
which would allow the roots more flexibility. CSD/Rose explained
that unfortunately, it has to be ADA accessible.
C/Hsieh asked if the uprooted trees could be replanted at another
location. PMS/Jordan responded that if the trees were replanted,
all of the concrete would have to be removed and the existing trees
would have to be "boxed" in. The problem with that is that it would
have to be systematically done and it would involve a process that
would take months or years. for the confined roots to become
established within the box and the tree would have to be removed
with a crane. That entire process would be cost -prohibitive and
there would be no use of the building for months to come.
2.3 CIP Projects — CSD/Rose
2.3.1 Construction of Grandview Trail and Grandview Trail Link
Project — CSD/Rose reported that these items are substantially
completed and there is work yet to be done on the handicap
parking stall which will be done after the grand opening and after
the Thanksgiving Holiday. Staff is in the process of getting bids for
the work that involves elevation issues that must be resolved by
grinding down a portion of the parking lot to create a flat area. The
grand opening ceremony will take place on Saturday beginning at
9:00 a.m.
2.3.2 Update on Status of Diamond Canyon Park — CSD/Rose said
that staff has had several meetings with Lennar Homes. Staff
received the construction documents which are in plan check at this
time. Yesterday staff met with the consultant to plan check the
irrigation and planting materials. The plan check process involves
Community Services, Building and Safety, Planning Department
and the Public Works Department. CSD/Rose said he verified that
the amenities that were discussed by the Commission as well as all
of the conditions are included in the plans. The only matter of
difference was that the plan contained 10 benches rather than the
12 proposed and Lennar has been notified that two more benches
NOVEMBER 20, 2074 PAGE 6 P&R COMMISSION
will have to be included. All other conditions were included or
intended to be included in the plan. Lennar met with the Public
Works Department today on other issues. The site will be
developed in two phases, the first of which is along Diamond Bar
Boulevard and Cherrydale which should be completed in the
March/April 2015 timeframe at which time work will commence on
the Brea Canyon Road side (early. summer). The issue is that
there are so many utilities and so many items within the
infrastructure including the Brea Canyon Channel that logistics and
approvals from Edison, Southern California Gas, telephone
companies and cell site .that has to be moved will take time and
must be completed prior to construction. Lennar hopes to have
models ready for viewing next Spring and is disappointed the park
will not be done before the model homes are opened.
2.3.3 Design of Heritage Park Improvements — CSD/Rose stated that
staff held its kickoff meeting at Heritage Park with 16 people
present representing a good cross-section of the community
including kids, young adults, seniors, different nationalities, and
staff received a lot of very good input. The input process will
continue with focus groups with different users and groups -
including the Tiny Tot staff. There will be surveys including
interviews conducted and whether it will be a scientific survey or an
online and paper survey is yet to be determined. There are
meetings being scheduled with the school district regarding Castle
Rock and possible use of that facility as part of the improvements.
Staff was able to get very good input from the teacher who spoke to
the Commission about ADA accessible projects. The public input
process will continue over the next three or four months prior to
drawings, etc.
2.3.4 Pantera Park Trail and Steep Canyon .Trail — CSD/Rose reported
that the design RFP will be released next week. CSD/Rose said
that he was told by a resident who lives adjacent to the Steep
Canyon Trail that there are some individuals who are walking off
the trail and using her driveway as a short cut to avoid walking up
and down the stairs on Steep Canyon. He told the resident that
there would be a fence built on her side of the trail between her
property and the trail to make it more convenient for people to stay
on the trail than climb over or through a fence. In addition, signs
stating "no trespassing/stay on the trail' will be put up at the
departure site and another sign down off of Steep Canyon for the
people who also access the trail without going up the steps. The
resident contacted the Sheriffs Department and when she learned
staff is putting up fencing and signage she seemed very happy that
the City was responding to her concerns.
2.3.4 Stardust/Longview Park South Retrofits — CSD/Rose said that
staff met with Architerra Design Group today and the construction
NOVEMBER 20, 2014 PAGE 7 P&R COMNUSSYON
documents for the two parks will be submitted in two weeks for plan
check. 'Staff requested $200,000 of CDBG Funds to help fund
these projects. In addition, staff requested for next fiscal year
some General Fund dollars to supplement the CDBG Funds to
enable construction to take place next year, the last two ADA Park
Retrofit projects.
C/Herndon said he understood that staff received a copy of a letter
sent to him by Ron Hagen, the key consultant on Parks and
Recreation Plan . and lead consultant on the Heritage Park
Improvements. Ron Hagen suggested a fundraiser to sell plaques
or bricks or something with individual names engraved on them and
wondered if as the monument for the City entrance is being
considered at the Diamond Canyon Park there might be a
possibility that such a fundraiser could be conducted. CSD/Rose
said he would not recommend it in that location because the design.
has been completed. However, there are still hundreds of bricks at
the Diamond Bar Center that have not been etched and could
perhaps be used for such a fundraising effort. The project was
originally handled by the Diamond Bar Foundation and there
remains an opportunity for the Foundation to continue selling the
bricks. The City has a contractor who can etch the bricks in place
so that they would not have to be removed. The City has sold a
few of the bricks to people who contact staff for information and it is
installed at the same time the Mayor's collage is updated.
C/Herndon asked if the Foundation would need to make
arrangements with the City or could the _fundraising effort be.
grandfathered back in. CSD/Rose said he believed it could be
grandfathered back in. The only reason the City started selling the
bricks because, as he was told, the Foundation : Was no longer
doing so.. However, he did. not believe the City would have any
issue with handing the responsibility back to the Foundation.
C/Herndon said he would be interested in getting the cost
information for the bricks and tiles.
2.4 List of Pending Commission Requests — CSD/Rose reported that staff
submitted a grant for the trail and trailhead at Silvertip Park. The special
needs project at Heritage Park is being coordinated with input for
improvements at Heritage Park. The stairs at the dog park will be part of
the project included in the RFP. The request for production of video that
would advertise and introduce the City's parks to the community was
addressed and Commissioners Herndon and Hsieh saw JR in action
today at the Dedication of The Windmill who is in the process of producing
the video. JR was using his new drone camera to film the ceremony and
after the dedication, staff was able to.review the result of that filming as
well as, practice video of the Diamond Bar Center. JR plans to get into
the parks and onto the trails to get aerial views of all of the park facilities.
NOVEMBER 20, 2014 PAGE S P&R COAUMSSION
As the Public Information Department updates the website these new
videos will be included and CSD/Rose felt it would be exciting to see
aerial views of the park and trail facilities.
PMS/Jordan reported that the water running onto the sidewalk at Pantera
Park was a result of a malfunctioning sprinkler head which was fixed by
ValleyCrest the day following the meeting when C/Hsieh brought the
matter to staffs attention.
2.5 Reservation and Program Participation Report for 2013/14 — RS/Murphey
reported that the resident participation was at 65 percent for fiscal year
2012/13 and 63 percent for fiscal year 2013/14. The reservation numbers
have remained similar over the past two fiscal years.
Chair/Owens noted that many non-residents take advantage of the City's
programs and services. He asked if residents receive priority and
RS/Murphey responded that they do for most programs. Day Camp has
not been giving priority to residents but when online registration began this
year staff noticed that those who registered were mostly non-residents so
staff will be making adjustments to that program and most likely give
residents priority through online registration.
Chair/Grundy thanked staff for responding to his request for this report.
3. OLD BUSINESS:
3.1 Proposed Parking Restrictions at City Parks
CSD/Rose stated that staff is recommending that the Parks and
Recreation Commission recommend City Council adoption of Ordinance
No. OX (2014) to restrict parking in City Parks to park patrons only as
proposed. The proposed resolution states that parking is for park patrons
only and no person shall park any motor vehicle in a park unless using the
park for its intended purposes. The report includes the October
Commission discussion and acknowledges input and responses by
Deputy Aaron Scheller. Enforcement would be by a Deputy witnessing
improper use such as an individual parking the. vehicle and immediately
entering a second vehicle that leaves the park. Upon witnessing this type
of behavior the officer can immediately place a citation on the vehicle
parked in the park parking lot illegally. The second method would be for
the officer to mark the tire of the cars parked in the parking lot during early
moming hours and returning late morning to determine whether the cars
are still parked in the same place at which time the Officer can determine
whether there is anyone in the park and determine whether the visitors
own the vehicle in question. If not, the vehicle can be cited. The purpose
'of the Ordinance is to respond to limited parking in public parks. The
primary purpose for parking lots in the parks is to provide temporary
parking for vehicles in order for their owners to access and enjoy the park.
NOVEMBER 20, 2014 PAGE 9 P&RCOMNMSION
In establishing the number of parking spaces for the park the City uses a
standard based on the types of amenities and expected number of users
for those amenities. Parking spaces are not anticipated to be used for
carpooling, park and ride and similar types of uses. The reason for the
proposed ordinance at this time is that staff and Sheriffs Deputies have
noticed that individuals are parking vehicles in the parks, especially
Summitridge. There was an altercation between individuals in the
Summitridge parking lot, neither of whom were attempting to park in the
parking lot to use the park and the Sheriffs Department felt this would be
a good time to start restricting use of the parking lot to park users only.
Staff supports the Sheriff's Department's recommendation. For example,
Diamond Canyon Park will be opened within the next year or so and when
it opens it will have a small parking lot of 6-9 spaces and due to its
proximity to the SR57/60 staff is concerned about the misuse of that
parking lot by park and ride commuters.
C/Grundy asked about the amount of fine that would be imposed and
CSD/Rose responded that the penalty in the Diamond Bar Ordinance is
an infraction, the first of which is $100, the second of which is $200 and
the third and successive times within the same year is $500.
C/Herndon asked where the fines are listed and CSD/Rose.explained that
the fines are listed in the City's Municipal Code. C/Ordinance asked who
the "Director' is that is mentioned in the ordinance and CSD/Rose
responded that he is the Director. C/Herndon recommended that the City
send a letter to The Country Estates Homeowners Association Board of
Directors notifying them of City Council approval of the ordinance.
Chair/Owens asked if the ordinance focused on weekday or weekend use
and CSD/Rose responded 'weekday use." The ordinance can be
enforced anytime but enforcement emphasis will take place during the
week (weekdays).
C/Grundy asked what the -difference would be between the current and
proposed Section 12.00:240 and CSD/Rose responded that the current
language would remain in place with the addition of c).
C/Herndon moved, C/Grundy seconded, to recommend City Council
adoption of Ordinance No. OX (2014) to restrict parking in City Parks to
park patrons only. Without objection, the motion was. so ordered with
VC/Liang being absent.
4. NEW BUSINESS:
4.1 Commission Meeting Schedule for December 2014.
Following discussion, Commissioners concurred to cancel the regular
December Parks and Recreation Commission meeting due to an
NOVEMBER 20, 2014 PAGE 10 P&R
anticipated lack of quorum.
C/Hsieh thanked staff for the reports and for keeping the parks and recreational
facilities in such good condition.
C/Grundy thanked staff for the reports and for keeping the parks and facilities
well-maintained. He thanked PMS/Jordan for the park walkthrough which was
very informative and he appreciated the attention PMS/Jordan was giving to
those items discovered during the walkthrough.
.C/Herndon thanked staff for the reports and for staffs great work on the City's
parks and facilities. He attended the Heritage Park public input meeting and
although it was disconcerting to see the small number of individuals who turned
out for the meeting the quality of people and input was excellent. He also
attended the Windmill dedication this morning and was pleased to know that the
City finally had control of the maintenance of the windmill and that the new
owners and future owners will not be able to raze the structure at any time in the
future: It was very interesting to hear the history of the ranch and learn that at
one time there were many windmills on the ranch.
Chair/Owens thanked staff for the very informative and detailed reports and for
keeping the quality of life in Diamond Bar good for the residents. He thanked
C/Herndon for buying a table for the Diamond Bar Community Foundation Gala.
As C/Herndon's guests, Chair/Owens enjoyed the evening at the well -attended
event.
ADJOURNMENT: With no one objecting and no further business before the Parks and
Recreation Commission, upon motion by C/Grundy, seconded by C/Herndon,
Chair/Owens adjourned the meeting at 8:35 p.m.
The foregoing minutes are hereby approved this 4th day of February , 2015.
Respectfull Submitted,
f
I
OS ECRETARY
Attest:
/TED OWENS, CHAIRMAN
Agenda # C -1
Meeting Date: February 17, 2015
CITY COUNCIL t� AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Man
TITLE: Ratification of Check Register dat d January 29, 2015 through February
11, 2015 totaling $ 1,246,456.02
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 1,246,456.02 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly basis
with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated January 29, 2015 through February
11, 2015 for $ 1,246,456.02 is being presented for ratification. All payments have been
made in compliance with the City's purchasing policies and procedures. Payments have
been reviewed and approved by the appropriate departmental staff and the attached
Affidavit affirms that the check register has been audited and deemed accurate by the
Finance Director.
9:700A1:0191 ya
Luisa Allen
Accounting Technician
REVIEWED BY:
Finance Director
Attachments: Affidavit and Check Register— 1/29/15 through 2/11/15.
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated January 29, 2015 through February 11, 2015 has been audited
and is certified as accurate. Payments have been allowed from the following funds in
these amounts:
Description
General Fund
Com Org Support Fund
Prop A - Transit Fund
Prop C - Transit Tax Fund
Intergrated Waste Management Fund
Com Dev Block Grant Fund
PEG Fees Fund
LLAD 38 Fund
LLAD 41 Fund
Capital Imp Projects Fund
Computer Eq Rep] Fund
Signed:
Dianna Honeywell
Finance Director
Amount
$554,317.54
$500.00
$4,456.23
$6,025.65
$10,954.56
$873.49
$9,217.53
$3,652.96
$834.77
654,107.78
1,515.51
$1,246,456.02
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E
CITY COUNCIL
Agenda # 6.4
Meeting Date: 2117115
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Man g
TITLE: AWARD OF CONTRACT TO ICG, NC. IN THE AMOUNT NOT TO EXCEED $49,750 FOR
THE DESIGN OF THE STEEP CANYON CONNECTOR TRAIL AND THE PANTERA
PARK TRAIL
RECOMMENDATION: Award contract.
FINANCIAL IMPACT: These trail projects are funded from three different grants: Recreation
Trails Grant, Land & Water Conservation Grant, and Habitat Conservation Grant. Each of these
grants will provide a portion of the funding for this $49,750 contract with ICG. $18,400 will come from
the Recreation Trails Grant, $15,675 will come from the Land & Water Conservation Grant, and
another $15,675 will come from the Habitat Conservation Grant.
BACKGROUND: The Steep Canyon Connector Trail and the Pantera Park Trail are identified in the
Trails Master Plan as opportunities to improve the Diamond Bar trails system. The Steep Canyon
Connector Trail will be about 950 feet long and will start at the top of the stairs above the Steep Canyon
Trailhead and travel southeast to connect to the Canyon Loop Trail. Construction of this trail will create a
fence barrier between the trail and private property adjacent to the trail and will eliminate the need to hike
on steep slopes that tend to be hazardous, especially when the trail is wet. Other amenities that will be
constructed include benches, trash receptacles, lodgepole fencing, signage, cobble drainage swales and,
if necessary, stairs with handrails.
The Pantera Park Trail will be about 2,500 feet long and will start on Pantera Drive above the Dog Park.
The trail will run in two directions. One will go down a set of concrete stairs, between the two dog play
areas and up the steep hill to the top. The second direction will go to the right toward the water district
reservoirs and connect to the Silver Tip Trail. Construction of this trail will improve the safety for people
hiking down the steep slope off of Pantera Drive and up the even steeper slope going to the top of the hill.
This easier access will reward the hiker with a great 360 degree view from the top. Other amenities that
will be constructed include benches, trash receptacles, lodgepole fencing, signage, cobble drainage
swales and concrete stairs with handrails.
In order to obtain a qualified consultant team to design these trails, staff released a request for
proposals (RFP) on December 1, 2014. Four consultant teams submitted proposals in response to
the RFP. Staff reviewed and rates the proposals based on the following criteria: Relevant experience
designing comparable trails, planned methodology for topographical survey, demonstration of
technical skills in the preparation of the proposal, proposed project schedule, breakdown of fee by
task and hourly rate.
After reviewing and rating the proposals, the top two rated consultant teams, ICG and Architerra
Design Group were interviewed. Based on the results of the interviews, staff recommends that the
City Council award the contract to ICG, Inc.
DISCUSSION: The team members from ICG, Inc. also completed the City of Diamond Bar Parks
Master Plan document, and the recently completed Grand View Trail. Some residents have notified staff
that they believe the Grand View Trail is the best trail in Diamond Bar. Part of this is because of the
unique terrain the trail travels through, and part is because of the trail design that takes full advantage of
that terrain. Staff believes ICG, Inc. will do an excellent job designing the Steep Canyon and the
Pantera Park trails.
The four (4) firms that submitted proposals for this project, in order of final ranking, are:
Consultant Team
1. ICG, Inc.
2. Architerra Design Group
3. David Evans & Associates
4. RJM Design Group
PREPR ND REVIEWED BY:
D
Bob ose
Director of Community Services
Proposal Amount Reimbursables Total
$44,350
$5,400
$49,750
$51,890
$1,500
$53,390
$59,852
$3,130
$62,982
$72,475
$3,500
$75,975
REVIEWED BY:
�,
Dianna Honeywell
Director of Finance
Attachments: Consulting Services Agreement dated 2/17/15 (award of contract date)
Exhibit "A" — Proposal from ICG, Inc. dated 1/9/15 (submittal date)
Request for Proposals dated 12/1/14 (release date)
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of February 17, 2015 by and between the City of Diamond Bar, a
municipal corporation ("City") and ICG, Inc. ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide
consulting services to City as set forth in Exhibit "A".
B. Consultant represents that it is fully qualified to perform such consulting services by virtue
of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions
herein contained, the parties hereto agree as follows:
Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "A" the Consultant's Response, dated January 9,
2015 to the City's Request for Proposals.
B. Level of Services/Time of Performance. The level of and time of the specific
services to be performed by Consultant are as set forth in Exhibit "A."
2. Term of Agreement. This Contract shall take effect February 17, 2015, and shall
continue until June 30. 2016 unless earlier terminated pursuant to the provisions
herein.
3. Compensation. City agrees to compensate Consultant for each service which
Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A."
Payment will be made only after submission of proper invoices in the form specified by City. Total
payment to Consultant pursuant to this Agreement shall not exceed Forty -Four Thousand Three
Hundred and Fifty dollars ($44,350) plus $5,400 for reimbursables for a total authorization of $49,750.
4. General Terms and Conditions. In the event of any inconsistency between the
provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control.
5. Addresses
City: City Manager Consultant:
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4177
6. Status as Independent Consultant.
Jeff Scott, Principal
ICG, Inc.
4195 Chino Hills Parkway #222
Chino Hills, CA 91709
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over
the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees
are in any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. In the event that City is audited by any Federal or State agency regarding
the independent contractor status of Consultant and the audit in any way fails to sustain the validity of
a wholly independent contractor relationship between City and Consultant, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any
appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City
harmless from any failure of Consultant to comply with applicable worker's compensation laws. City
shall have the right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the standard of care
and skill ordinarily exercised by members of the profession under similar conditions.
B. Indemnification. CONSULTANT shall indemnify, defend with counsel approved
by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and
against all liability, loss, damage, expense, cost (including without limitation reasonable
attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising
out of or in connection with CONSULTANT'S negligence, recklessness or willful misconduct
in the performance of work hereunder or its failure to comply with any of its obligations
contained in this AGREEMENT, except such loss or damage which is caused by the sole
active negligence or willful misconduct of the CITY (meaning that CONSULTANT shall
indemnify and defend CITY notwithstanding any alleged or actual passive negligence of CITY
which may have contributed to the claims, damages, costs or liability). Should CITY in its
sole discretion find CONSULTANT'S legal counsel unacceptable, then CONSULTANT shall
reimburse the CITY its costs of defense, including without limitation reasonable attorneys
fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly
pay any final judgment rendered against the CITY (and its officers, officials, employees and
volunteers) with respect to claims determined by a trier of fact to have been the result of the
CONSULTANT'S negligence, recklessness or willful misconduct. It is expressly understood
and agreed that the foregoing provisions are intended to be as broad and inclusive as is
permitted by the law of the State of California and will survive termination of this Agreement.
9. Insurance. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company admitted to do business in
California and approved by the City (1) a policy or policies of broad -form comprehensive general
liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any
injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers,
employees, agents, and independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance,
with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance
(errors and omissions) to cover or partially cover damages that may be the result of errors, omissions,
or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5)
worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as
additional insureds on the policy (ies) as to comprehensive general liability, property damage, and
automotive liability. The policy (ies) as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance maintained by the City
shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be
non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30)
day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify
the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant to
the terms of this Agreement; shall be issued by an insurance company which is admitted to do
business in the State of California or which is approved in writing by the City; and shall be placed with
a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (2) insurance policy
endorsements indicating compliance with all other minimum insurance requirements above, not less
that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be
executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a
substantially similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Consultant covenants that all data,
documents, discussion, or other information developed or received by Consultant or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Consultant
without written authorization by City. City shall grant such authorization if disclosure is required by
law. All City data shall be returned to City upon the termination of this Agreement. Consultant's
covenant under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in
connection with certain projects, the City shall not, except with Consultant's prior written consent, use
the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the performance of
this Agreement shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to be performed by Consultant
under this Agreement, or which would conflict in any manner with the performance of its services
hereunder. Consultant further covenants that, in performance of this Agreement, no person having
any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of
having any interest which would conflict in any manner with the performance of its services pursuant
to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Consultant's covenant under this section shall survive the termination
of this Agreement.
13. Termination. Either party may terminate this Agreement with or without cause upon
thirty (30) days written notice to the other party. However, Consultant shall not terminate this
Agreement during the provision of services on a particular project. The effective date of termination
shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon
the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to
pay Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue performing
services.
14. Personnel. Consultant represents that it has, or will secure at its own expense, all
personnel required to perform the services under this Agreement. All of the services required under
this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in
the work shall be qualified to perform such services. Consultant reserves the right to determine the
assignment of its own employees to the performance of Consultant's services under this Agreement,
but City reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical 'condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will comply
with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be
limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of Consultant state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any
work covered by this Agreement except contracts or subcontracts for standard commercial supplies or
raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor
the performance of any of Consultant's obligations hereunder, without the prior written consent of City,
and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising
hereunder shall be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or longer, a
written annual administrative performance evaluation shall be required within ninety (90) days of the
first anniversary of the effective date of this Agreement, and each year thereafter throughout the term
of this Agreement. The work product required by this Agreement shall be utilized as the basis for
review, and any comments or complaints received by City during the review period, either orally or in
writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If
any noncompliance with the Agreement is found, City may direct Consultant to correct the
inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances,
codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or
more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any payment
to 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.
20. 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.
21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during regular business hours or by
facsimile before or during regular business hours; or (b) on the third business day following deposit in
the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to
such other addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed to be the original, and all of which together shall constitute one and the
same instrument.
24. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between Consultant and City. This
Agreement supersedes all prior oral or written negotiations, representations or agreements. This
Agreement may not be amended, nor any provision or breach hereof waived, except in a writing
signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this
reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
"CITY"
ATTEST: CITY OF DIAMOND BAR
By: By:
Tommye Cribbins Steve Tye
City Clerk Mayor
Approved as to form:
"CONSULTANT"
By: ICG, Inc.
City Attorney Name of Company
Representative
Title
EXHIBIT "A"
for the Steep Canyon Trail and Pantera Park Trail
line 14 of Diamond Sar
Janurary 9, 2015
.Scr6 zffew(?y
—`� ICG, lncC
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4H PP4163.7445,
11
January 9, 2015
Bob Rose, Community Services Director
City of Diamond Bar
21810 Copley Drive
Diamond Bar, Ca 91765
3
M
Subject: Proposal for the Design of Construction Documents for two trails in the City of Diamond Bar:
Steep Canyon Trail Connector to the Canyon Loop Trail, and Pantera Park Trail at 738 Pantera Drive
Dear Mr. Rose:
At ICG, Inc., we design creative environments that celebrate the joy of outdoor activities. The design of the
Steep Canyon Trail Connector to the Canyon Loop Trail and Pantera Park Trail project presents a great
opportunity to work collaboratively with your staff to establish the basis of what great outdoor spaces,
services and resources are built from, a sound foundation!
ICG is intimately familiar with this project as its principal's have worked closely with Diamond Bar on the
completion of the Parks and Recreation Master Plan. Within this document housed the trails master plan,
which delineated and highlighted various trail improvements throughout the City. Additionally, ICG assisted the
City in completing the Grand View Trail project which was successfully completed. The ICG team has personally
walked this site and met with City staff to review the site conditions and RFP requirements to ensure the
upmost understanding of the City's needs, the grant requirements, and the challenging topography.
ICG's wealth of experience and comprehensive project team will bring an invaluable perspective to the project
and will help to significantly expedite project delivery. ICG has extensive background in preparing
Construction Documents for parks and trails of all sizes, and has completed several for varying municipalities
in Southern California. Our team has a passion for parks and the outdoors and looks forward to bringing that
passion to this exciting project for the City of Diamond Bar. We have staff able to accommodate this project at
a moment's notice and will devote our time and efforts to providing a comprehensive and successful product.
We look forward to working with you and the community and thank you for considering our design team. It is
our hope that our proposal expresses our strong qualifications and sincere interest in the Steep Canyon Trail
Connector and Pantera Park Trail project for the City If you have any questions regarding our proposal,
please contact me at (909) 203-7995 or jscoriC@ic -iq nc.org.
Sincerely,
Jeffrey Scott, ASLA
Principal
: 11
Cover Letter
Table of Contents
Section A— Company Profile
Historyof Firm........................................................................ A.1
Project Management.............................................................. A,2
Personnel Organization Chart .................................................. A.3
Resumes.................................................................................. A.4
Section B — Description of Services
Project Understanding & Scope of Services ............................. 3.1
Statement of Insurance Requirement.......................................B.2
QualityControl ............ .......... .............................................. — 3.3
Section C — Proposed Fee
FeeSchedule ........................................... C.1
Section D — Experience
Project Experience ................................... D.1
Section E — References
References., ..................... .................. — .................................. E.1
Section F — Project Schedule
Schedule—.............................................................................. F.1
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL TABLE OF CONTENTS
SECTION A
Company Profile
History of Firm
Project Management
Personnel Organization Chart
Resumes
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION A
4195 Chin. Hllls Parkway *222
Chino Hills, Ca 91709
Contact:
Jeffrey Scott, AS LA,
Principal
iscottPicginc-ord
909.203.7995 ext 102
°"
Monika Robinson, PLA, ASLA
Is
Principal
mrobinson(@icq-inc.org
909.203.7995 e# 101
0
0
Corporate Memberships:
0
American Institute of Architects
Is
(AIA)
American Society of Landscape
Architects (ASLA)
California Parks and Recreation
Society (CPRS)
United States Green Building
Council (USGBC)
iP
ICG. tna.
mom. - a
ICG
ICG, Inc. offers comprehensive project development and
delivery to a wide variety of clientele. The founders of ICG
have an expansive background in the fields of planning,
architecture, and landscape architecture and between
them offer over 25 years in the field.
ICG approaches every project as an extension of our clients'
team, offering a cohesive development of not only service
but knowledge as well.
The following services are offered to all of our clients and
may vary depending on the specifics of particularjobs:
• Trail Design
• Park Master Planning
• Park and Recreation Strategic Planning
• Sports Facility Planning
• Landscape Architecture
• Land Planning
• Architecture
• Tenant Improvements
• Plan Checking
• CIP Design
• Project Management
• Construction Administration
• Program Development
• Grant Writing, Funds Acquisition and Management
• CDBG, HUD and Federally/State Funded Project
Management Services.
Experienced Staff
ICG's staff has been involved with numerous types of
projects from feasibility studies to the built environment.
We understand what is needed to give our clients a
valuable tool which can be used for planning and
implementation efforts. Having the ability and the
knowledge to assemble a thorough project that provides
what our clients' needs are, is why we have clients turn to
us time and time again.
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION A.1
Claremont Senior center
Feasibility Study
ICG, Inc.
Landscape Architecture
ICG's Landscape Architecture department uses a
sustainable approach to all projects we take on.
Incorporating design aesthetics and technical competence
offers the complete package to our clients. [CG'S landscape
architecture portfolio includes the following:
o Recreation Trails
o Park and Recreation Infrastructure Funding,
Planning, Design, Bidding and Construction
o Athletic Facilities Funding, Planning, Design, Bidding
and Construction
o Streetscape and Median Design
o Irrigation Design
o Sports Complex Design
o Sustainable Revitalization
o Park Maintenance and Renovation
o Beautification Projects
o LEED
o Native Restorations
o Community Design Guidelines
Planning
Innovative planning practice is focused on balancing
community needs with limited resources, be it the need for
increased transportation capability against open space, the
need for additional, housing against an environmentally
sensitive area, or site suitability. ICG's planning staff is
committed to community outreach in order to determine
the allocation of these resources ensuring that the end
result of the planning process is a comprehensive written
path fully backed by the community it affects.
Our dedication to this practice is consistent and thorough
whether we are assisting you with a new General Plan, a
Site Design or a comprehensive Parks and Recreation
Master Plan. Our portfolio includes the following project
types:
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION A.1
o Community Outreach
o Park and Recreation Strategic Planning
o Sports Park Planning
o Comprehensive Plan Development
o Feasibility Studies
o Market Analysis
o Financial Sustainability Studies
o Community Planning
o Economic and Fiscal Impact Analysis
o Environmental Planning and Documentation
o Growth Management Planning
o Land Use Permits and Approvals
o Park, Recreation and Open Space Planning
o Policy and Regulatory Analysis
o Public Involvement Strategies
o Site and Facility Master Planning
o Transportation Planning
o Zoning and Subdivision Ordinance Development
o Urban Planning
o Financial Sustainability
Architecture
r ICG's experienced architectural staff has worked on a
diverse background of project types, from small projects to
large designs. Our portfolio includes the following project
types:
o Architecture Design, Bidding, Construction
o Site Evaluation
o Building Retrofits
o Building and Tenant Improvements
o Building Expansions
o ADA Accessibility Improvements
o Interior Design
o LEED
Great Park Field House
Irvine, CA
uw ivrvu unn I J I LLr V 14I Vi4 mAIL & PANTERA PARK TRAIL SECTION A.1
Project
.•eManagement Approach
Dedicated Ongoina Service to Ensure Your Satisfaction
You can rely on us. We are dedicated to providing you with the highest
level of personal service - from the very first meeting to well after the
job is done. We are committed to enhancing your team because we
care about your project just as much as you do. As partners, you will be
able count on our technical excellence, proactive communication,
committed deadlines, and cost-effective strategies to achieve your goal.
Tailored Solutions and Designs That Fit Your Project
We take the time to listen and work closely with you so we can create
that perfectly balanced design to fit within your time line, budget, and
goals. Our design team strives to come up with "outside of the box"
thinking to design a plan that sustains, while finding ways to infuse
environmental responsibility and achieve resource efficiency that's so
important to us all.
Get The Value That Comes When We Join Your Team
We know there is more to all of this than just calculations and lines on
paper. You have a vested interest to protect each time you add
someone to your team. But a valuable team player is one that
maximizes the value of your interest. That is just what we call good
service at ICG. When we join your team, you can be confident you will
see why our clients are so loyal.
Early Communication and Site Investigation Key to a
Successful Proiect
To ensure the project gets off on the right foot and continues thru the
completion of the project, early communication between the design
team and the client is the key for success. We also believe that visiting
the site is invaluable to the project for the design team and engineers
to understand and know what the site conditions are and how we can
coordinate this into aur design.
[cc. T..
"AAMM1�a DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION A.2
' €CG, Ino.
PROJECT TEAM PERSONNEL
Organization Chart
Our broad array of services and in-house team provide our clients
a trusted consultant to turn to in any challenge, no matter how
simple or complex. We pride ourselves in the management and
completion of special, atypical projects and thrive on challenging
budgets and deadlines. It is this commitment to service and
diverse array of offerings that makes us unique and drives our
long-standing relationship with our client base. It is these qualities
that make us "the right fit" for the City.
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION A.3
a
MONIKA ROBINSON
ICG, Inc.
Principal
PROJECT ROLE
Trail Planner
Landscape Architect
LICENSE
California Landscape Architect
#5891
0
ICG Personnel
QUALIFICATIONS
Monika Robinson brings a rich background in the field of fine arts to her work in
Landscape Architecture. She has a background of over twenty years in
graphics, drawing and design. With over ten years devoted to the field of
Landscape Architecture, she incorporates her knowledge of design and
aesthetics into creating spaces that enrich the human experience. Monika has
completed a wide range of design and planning projects including; parks and
recreation master plans, trails, sports venues, public parks, streetscapes,
institutional campus design, residential community master plans and model
home design, commercial, and residential design projects. Monika brings an
artistic eye to each project and thrives on taking a team approach to obtaining
project goals.
EDUCATION
Bachelors of Science, Landscape Architecture
California State Polytechnic University, Pomona
Multiple Subject Credential K-8
California State University, Fullerton
Associate of Arts, Liberal Studies
Fullerton College
EXPERIENCE
• Diamond Bar Heritage Park Community Center — Diamond Bar, CA
Project Type: Community Center Feasibility Study, Construction Documentation,
Outreach
• Grand View Trail and Grand View Trail Link— Diamond Bar, CA
Project Type: Trail Design, Construction Documentation, Cost Estimation
• Diamond Bar Parks and Recreation Master Plan — Diamond Bar, CA
Project Type: Parks & Rec. Master Plan
• Whittier Narrows Equestrian Center and Trails Master Plan — Los Angeles, Ca
Project Type: Parks/Trails
• 2nd District Equestrian Center and Trail Feasibility Study — Los Angeles, Ca
Project Type: Parks/Trails
Fullerton Bike Trail Expansion — Fullerton, Ca
Project Type: Parks Conceptual Plan, Construction Documentation
• San Timoteo School House — Riverside County Parks and Open Space District
Project Type: Conceptual Site Plan, Construction Documentation, Cost Estimation
• Joslyn Senior Center Expansion and Larkin Park Master Plan —Claremont, CA
Project Type: Park Master Plan, Demands & Needs Analysis, Site Review and
Programming, Community Outreach
'» DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION A.a
PROFESSIONAL AFFILIATIONS
American Society of Landscape
Architects (ASLA),
Corporate Member
California Parks and Recreation
Society (CPRS)
0
ICG Personnel
QUALIFICATIONS
Monika Robinson brings a rich background in the field of fine arts to her work in
Landscape Architecture. She has a background of over twenty years in
graphics, drawing and design. With over ten years devoted to the field of
Landscape Architecture, she incorporates her knowledge of design and
aesthetics into creating spaces that enrich the human experience. Monika has
completed a wide range of design and planning projects including; parks and
recreation master plans, trails, sports venues, public parks, streetscapes,
institutional campus design, residential community master plans and model
home design, commercial, and residential design projects. Monika brings an
artistic eye to each project and thrives on taking a team approach to obtaining
project goals.
EDUCATION
Bachelors of Science, Landscape Architecture
California State Polytechnic University, Pomona
Multiple Subject Credential K-8
California State University, Fullerton
Associate of Arts, Liberal Studies
Fullerton College
EXPERIENCE
• Diamond Bar Heritage Park Community Center — Diamond Bar, CA
Project Type: Community Center Feasibility Study, Construction Documentation,
Outreach
• Grand View Trail and Grand View Trail Link— Diamond Bar, CA
Project Type: Trail Design, Construction Documentation, Cost Estimation
• Diamond Bar Parks and Recreation Master Plan — Diamond Bar, CA
Project Type: Parks & Rec. Master Plan
• Whittier Narrows Equestrian Center and Trails Master Plan — Los Angeles, Ca
Project Type: Parks/Trails
• 2nd District Equestrian Center and Trail Feasibility Study — Los Angeles, Ca
Project Type: Parks/Trails
Fullerton Bike Trail Expansion — Fullerton, Ca
Project Type: Parks Conceptual Plan, Construction Documentation
• San Timoteo School House — Riverside County Parks and Open Space District
Project Type: Conceptual Site Plan, Construction Documentation, Cost Estimation
• Joslyn Senior Center Expansion and Larkin Park Master Plan —Claremont, CA
Project Type: Park Master Plan, Demands & Needs Analysis, Site Review and
Programming, Community Outreach
'» DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION A.a
JEFFREY SCOTT
ICG, Inc.
Principal
PROJECT ROLE
Principal -in -Charge
AFFILIATIONS
California Parks and Recreation
Society (CPRS)
American Society of Landscape
Architecture (ASLA)
Board Member of the California
Parks and Recreation Society
2000-2003
tCG, lnt.
WIN
ICG Personnel
QUALIFICATIONS
Mr. Scott is a principal with ICG. His main responsibilities lie in business
development, project management, land planning, landscape architectural
and architectural design, including design and planning for parks,
streetscapes, sports facilities, schools, commercial, residential, and
industrial developments. He has over 30 years of experience in land
planning, park planning, landscape architecture, architectural design,
project management and construction management. With over 15 years in
overseeing multidisciplinary team environments, Mr. Scott brings a vast
background of project experience and seamless delivery. Being a visionary
in the design field, he has the ability to tackle any project, assemble the
team and provide the expertise needed to provide a comprehensive and
successful final project, be it design, master planning, land planning, or
analysis,
EDUCATION
Bachelors of Science, Landscape Architecture
California State Polytechnic University, Pomona
EXPERIENCE
• Diamond Bar Heritage Park Community Center — Diamond Bar, CA
Project Type: Community Center Feasibility Study and Construction Documentation
• Grand View Trail and Grand View Trail Link— Diamond Bar, CA
Project Type: Trail Design, Constructlon Documentation
• Sycamore Canyon Trail — Diamond Bar, CA
Project Type: Trail Design, Construction Documentation
• Sycamore Canyon Trail Head — Diamond Bar, CA
Project Type: Trail Design, Construction Documentation
• Sycamore Canyon Restroom and Maintenance Facility — Diamond Bar, CA
Project Type: Design Architecture, Construction Documentation
• Diamond Bar Parks and Recreation Master Plan — Diamond Bar, CA
Project Type: Parks & Rec. Master Plan
• Whittier Narrows Equestrian Center and Trails Master Plan — Los Angeles, CA
Project Type: Parks/Trail
• Joslyn Senior Center Expansion and Larkin Park Master Plan — Claremont, CA
Project Type: Park Master Plan, Demands & Needs Analysis, Architectural Review
and Programming
• Mead Valley Community Center and Parc — Mead Valley, Ca
Project Type: Parks Conceptual Plan, Construction Documentation
• Civic Center Park Sports Field —Arcadia, CA
Project Type: Park. Conceptual Plan, Construction Documentation
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION A.4
Sub -Consultants
DIAMOND BAR STEEP CANYON TRAIL & PANTERA PARK TRAIL
SECTION AA
PBLA En ineerin , Inc.
Project Role
PBLA Engineering, Inc. is focused on providing the
Survey &
highest quality planning, construction drawings and
Civil Engineer
design that are client centric and cost effective. The
combined engineering, planning, surveying, and high
Inland Empire Office
tech experience of the principals ensure this capability.
1996 CalimesaBlvd,
As a rule, clients are not interested in how an
Suite C-1
engineering company performs its work, the bottom line
Calimesa, Ca 92320
cost and timely acquisition of a construction permit are
714.620.4960
the paramount concerns. Secondary concerns are that of
Orange County Office
construction delay or re -work. The PBLA approach
4790 Irvine Blvd
addresses both of these concerns with our philosophy
Suite 105-262
and product. By using today's technologies PBLA is able
Irvine, Ca 9262
to provide access to data at real time anywhere there is
888.714.9642 ext 3
an internet connection. This allows for quicker response
time, more productive Survey Crews and a great work
environment for the clients and employees.
DIAMOND BAR STEEP CANYON TRAIL & PANTERA PARK TRAIL
SECTION AA
SECTION B
Description of Services
Project Understanding
Scope of Services Overview
Statement of Insurance Requirement
Quality Control
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION B
Statement of Project Understanding
ICG understands that the City is seeking a firm which can provide professional services as an Engineer, and
Landscape Architect for the design and assembly of the Construction Documents for the Steep Canyon Trail and the
Pantera Park Trail. This project will be funded with grant funds which require notification of completion to be sent to
the County of Los Angeles by December 31, 2015. It is our understanding from preparing the Parks and Recreation
Master Plan, meeting with staff and reviewing the site, that current existing conditions on site may vary pending a
thorough investigation of possible routes. ICG has walked the site several times while completing the trail component
of the Parks and Recreation Master Plan, as well as recent site review, and has a thorough understanding of the
existing topography and potential trail locations, Accessible routes will be incorporated when possible,
ICG is proposing to walk the site with our survey crew to establish the specific trail layout. This will be implemented
directly to CAD through their digital system. This layout will be used as the overall trail design. ICG will work closely
with the selected contractor as the trail goes from plan to the built environment, If adjustments are needed in the
field ICG and PBLA will provide a quick and effective design solution. ICG's main intention will be to implement an
effective, safe and accessible when possible trail design.
The following amenities will be included within the overall design as stated per the RFP issued by the City:
Steep Canyon Trail: 950 Lf decomposed granite trail
Benches
Trash Receptacles
Landscape Tie Steps with Hand Rails
Lodgepole Fencing
Signage
Cobble Drainage Swale
Pantera Park Trail: 2500 LF decomposed granite trail
Benches
Trash Receptacles
Landscape Tie Stairs with Handrails
Concrete Stairs with Handrails
Lodgepole Fencing
Signage
Cobble Drainage Swale
Imagery of Current Examples in Diamond Bar:
)NDBAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL
SECTION 8,1
The following scope of services represents a guide to the services to be provided to the City based on the Request
for Proposal provided. These services can be modified based on the City's needs. ICG is available to discuss options
and modifications with the City,
1. Kick Off and "ream Meetings: ICG will meet with City staff to finalize the scope of services and set a
schedule for completion of the project. ICG shall also attend periodic meetings with City staff at
various stages of the project as needed.
2. Site Review: The project team shall review current conditions and recommend the work necessary
to meet project requirements.
9. Project Survey: The project team shall provide topographical surveys of the trail to establish existing
grades/cross slopes to be used to determine the preferred route.
4. Parks and Recreation Commission and City Council: ICG shall participate in up to four (4) meetings
with the Park and Recreation Commission and City Council to obtain input and approval of potential
improvements and conceptual plans.
S. Conceptual Design and Cost Estimate: ICG shall prepare a conceptual plan of the planned route,
with cost estimates
b. PS & E Package: When directed by staff, ICG shall prepare 40 scale plans and specifications for the
construction of improvements and entire bid document package. The improvement plans shall be
prepared in 40" scale and submitted in 24" x 36" sheet format and in adobe acrobat format.
Specifications shall be submitted on 8 Yi' x 11" sheets in Microsoft word format. An electronic file
will also be submitted to the City. ICG shall prepare in Microsoft excel format and submit the
construction cost estimate on 8 Yz" x 11" sheets. The cost estimate shall be prepared in a tabular
form for each construction item showing quantity, unit, unit price, and total cost. All estimate back-
up calculations by plan sheet shall also be submitted. Final plans and bid specifications shall be
signed, stamped and certified by a Landscape Architect and civil engineer registered in the state of
California.
y. Bidding Period: ICG shall provide assistance during the bidding period. ICG shall provide technical
assistance to the City staff. Should any questions arise during the bidding period, ICG shall provide
clarification. If any changes to the plans and specifications are required during the bidding period,
ICG shall make the necessary changes in a timely manner so that City staff can issue an addendum.
S. Pre-0id Conference; ICG shall attend the mandatory pre-bid conference for contractors at the
project sites.
9» Pre -Construction Meeting: ICG shall coordinate and conduct the Pre -Construction meeting,
including notifications to the contractor, utility agencies, and trash collection service. ICG shall
prepare the meeting agenda and minutes. The pre -construction meeting may include a site visit to
project locations.
10. Submittals and Change Orders: ICG shall review submittals and change order requests and provide
written recommendations on their approval or rejection during the construction phase.
11. Constructoon Support ro",eetings: ICG shall provide support throughout the construction phase by
attending a meeting on-site up to once a week every week during an anticipated 120 -day
construction period and by providing telephone support as —needed to City staff, project manager,
general contractor and City Inspector.
ACG Inc.
"F-- DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION B.1
1Z Final Walk Through: ICG shall attend the final walk through of the project and provide written
recommendations on the acceptance of the project.
13, As -wilts: ICG shall prepare and submit as -built 40 scale drawings, based on comments and plan
revisions submitted by the contractor, on mylar to the City after the completion of project
construction.
The following items/tasks are excluded from this scope of work:
a. Army Corp of Engineers coordination and submittals
b. Flood Control coordination and submittals
c. Environmental Services
d. Grant coordination
e. Electrical Engineering
f. Structural Engineering
g. Signage design/detailing
h. Geotechnical Services
i. SWPPPand WQMP
j. Permit /Agency Fees
ICC, Inc.
IIM x U.
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION B.1
Statement Certifying Insurance Coverage
ICG certifies that the required insurance coverage will be obtained and
that ICG understands said coverage is a prerequisite for entering into
an agreement with the City. ICG has confirmed with its insurance carrier
that It can meet all requirements for insurance.
R
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cc. 7v,
DIAMOND BAR I STEEP CANYON TRAIL 5 PANTERA PARK TRAIL SECTION B2
ICG takes pride in our reputation for thoroughness, rapid turnaround,
cost efficiency and overall quality of work, and believes that a high level
of quality is needed on all PS & E packages High quality design yields
the following tangible results:
o Ease of oversight
o Smoother Processing
o Healthy number of bidders
o Consistent bids
o Minimized Construction Support costs
o Absence of design related change orders
o Reduced claims and dispute resolution costs
ICG believes that the most successful quality assurance program is one
that is applied inherently throughout the entire design process and all
design activities. This program requires not only formal procedures for
checking but encourages the conscientious effort of the experienced
people to always "create quality" in every task performed throughout
the design process.
This program has become a natural element in all aspects of ICG's
design and management activities, and will guide our work on this
contract:
o Comprehensive Team Process "Think Tank"
o Applicable ADA Design Standards and Practices
c Staff training and development
c Assignment of experienced staff
o Continuity of staffing
o Project specific work plan
o Schedule compliance
o Comprehensive field review and compilation of site data
o Established design procedures
o Established detailing standards
o Established checking procedures, including independent in-
house QA/QC review
o Dual (independent) quality estimates
o Review by Constructability expert
The Quality Assurance/Quality Control program is in place to ensure
that PS & E documents prepared by ICG continue to exceed the
standards of our clients and that we will deliver the project on schedule
and within budget.
SCC Inc.
2M DIAMOND BAR STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION B.3
SECTION C
Proposed Fee
Fee Schedule
DIAMOND BAR I STEEP CANYON TRAIL. & PANTERA PARK TRAIL SECTION C
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SECTION D
Experience
Project Experience
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION D
Project Experience
ICG has extensive experience with an excellent reputation in both the
design and construction support of landscape architectural, civil
engineering and surveying projects.
Throughout our history serving the Southern California region, we have
provided multi -disciplinary design and construction support services for
large and small projects. We have successfully completed complex and
challenging projects for a variety of municipal agencies who have
continued to request that we partner with them in delivering much
needed infrastructure to their communities.
We are sure that the successful results of our past performance in the
delivery of projects, along with our firm's proven ability to utilize our
experience for a complete and well engineered project, will provide a
valuable resource to the City.
Ja
ICG Ing.
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION D.1
7lW
g
Client Contact
City of Diamond Bar
Bob Rose
909.839.7061
Prgject Gort
150,000
Completion Date
2010
Project Team
Jeff Scott
Monika Robinson
Ron Hagan
Godbe Research
Diamond Bar Parks and Recreation
Master Plan
Diamond Bar, California
Client Contact
Mr. Bob Rose
City of Diamond Bar
909.839.7061
Project Cort
$300 Thousand
Completion Date
2009 Design
Currently Under construction
Project Team
Jeffrey F. Scott
3 rj�
ICG, Inc.
Sycamore. Canyon Restroom and
Maintenance Staff Offices
City of Diamond Bar, California
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION D.1
Fullerton Bike Trail Expansion
City of Fullerton, California
Client Contact
Bureau Veritas North America
David Bangman
P: 558.207.5068
Pr jea Cott
$500,000
Completion Date
In Progress
Project Team
Jeff Scott
Monika Robinson
CfientContaet
Ms. Melissa Vallero
City of Claremont
Community and Human Services Manager
909.399.5358
Project Cost
$75,000
Completion Date
Anticipated Completion in 2012
Project Teary!
Jeffrey F. Scott
Matt Evans, Architect
Monika Robinson
Ron Hagan
Q1,
ICG Inc.
r�i1nao- .zM„ DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION D.1
Joslyn Senior Center and Larkin
Park Master Plan
Claremont, California
Client Contact
M . Steve Lech
County of Riverside
Regional parks and Open Space District
951-955-4318
P7njeci Cort
$400,000
Completion Date
Anticipated Completion in 2010
Currently in Construction
PvnjectTeam
Monika Robinson
Jeff Scott
Client Contact
Mr. Aurelio Aguirre
County of Riverside
Fconotnic Development Agency
951.955.8916
Project Cort
$16.9 Million
Completion Date
Anticipated Completion in 2012
Currently in Construction
Pvoject Team
Jeffrey F. Scott
Matt F.vans, Architect
Monika Robinson
lC�'i, lvc.
San Timoteo Schoolhouse
Redlands, California
Mead Valley Community Center
Park
Perris, California
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION D.1
SECTION E
References
References
DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION E
114
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List of References
The following is a list of cities, counties and other public agencies in which
similar services were provided in the last three years:
Melissa Vollero
City of Claremont
Community and Human Services Manager
207 Harvard Ave.
Claremont, CA 91711
909.399.5460
Gloria Perez
Riverside County EDA
3403 10t� Street Suite 500
Riverside, Ca 92501
951.955.8916
Blake Warner
County of Los Angeles Department of Parks and Recreation
213.738.4813
Bill Smith
City of Colton
650 N La Cadena
Colton, Ca 92324
909.370.6152
Sheila Pautsch
City of South Pasadena
1102 Oxley Street
South Pasadena, Ca 91030
626.403.7362
fl=x;.�.,� r^ t DIAMOND BAR I STEEP CANYON TRAIL & PANTERA PARK TRAIL SECTION E.1
SECTION
Project Schedule
Schedule
DNMON0BAR|STEEP CANYON TKNL6FANTEKkPARK TRAIL SE[TONF
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Design of Construction Documents for
Two Trails in the City of Diamond Bar:
1. Steep Canyon Trail Connector to the Canyon Loop Trail
2. Pantera Park Trail at 738 Pantera Drive
Proposals are due by Thursday, January 9, 2015 by 4:00 p.m.
The City of Diamond Bar is seeking responses from qualified firms to provide professional
landscape architectural and civil engineering design services for the preparation of plans,
specifications and cost estimates for the development
of two (2) trails in Diamond Bar.
The two (2) trails are:
1. Steep Canyon Trail Connector to the Canyon Loop Trail
2. Pantera Park Trail at 738 Pantera Drive
Approximate Length of each Trait:
Steep Canyon Trail Connector to the Canyon Loop Trail 950 LF
Pantera Park Trail at 738 Pantera Drive 2,500 LF
Total 3,450 LF
it
ProieCt Description:
The City of Diamond Bar Community Services Department is soliciting proposals to conduct
professional landscape architecture and civil engineering design services for the following
project.
Design of Construction Documents for
the Steep Canyon Trail & the Pantera Park Trail
The City was recently awarded a Recreation Trails Grant to construct the Steep Canyon Trail.
The City was also awarded two grants to construct the Pantera Park Trail, one grant from the
Land and Water Conservation Fund and the other grant from the Habitat Conservation Fund.
Please see the attached trail map for trail locations and approximate routes. The City plans to
bid and construct these trails as a single project. Amenities planned for the two trails include:
Steep Canyon Trail:
Pantera Park Trail:
SCOPE OF SERVICES
950 L.F. decomposed granite trail
Benches
Trash receptacles
Landscape Tie Steps with Handrails
Lodgepole Fencing
Signage
Cobble Drainage Swale
2500 L. F. decomposed granite trait
Benches
Trash receptacles
Landscape tie stairs with Handrails
Concrete Stairs with Handrails
Lodgepole Fencing
Signage
Cobble Drainage Swale
Meet with City staff to finalize the scope of services and set a schedule for completion of
the project. Consultant shall also attend periodic meetings with City staff at various
stages of the project as needed.
2. Review current conditions and recommend the work necessary to meet project
requirements.
3. Provide topographical surveys of the trail to establish existing grades/cross slopes to be
used to determine the preferred route.
4. Participate in up to four {4} meetings with the Parks and Recreation Commission and City
Council to obtain input and approval of potential improvements and conceptual plans.
5. Prepare a conceptual plan of the planned route, with cost estimates.
2
6. When directed by City staff, prepare 40 scale plans and specifications for the
construction of improvements and entire bid document package. The improvement plans
shall be prepared in 40" scale and submitted in 24" x 36" sheet format and in Adobe Acrobat
Format. Specifications shall be submitted on 8'W x 11" sheets in Microsoft Word Format.
An electronic file will also be required to be submitted to the City. The Consultant shall
prepare in Microsoft Excel format and submit the construction cost estimate on 8 '/" x 11"
sheets. The cost estimate shall be prepared in a tabular form for each construction item
showing quantity, unit, unit price, and total cost. All estimate back-up calculations by plan
sheet shall also be submitted. Final plans and bid specifications shall be signed, stamped,
and certified by a Landscape Architect and Civil Engineer registered in the State of
California.
7. Provide assistance during the bidding period. The selected Consultant shall provide
technical assistance to the City staff. Should any questions arise during the bidding period,
the Consultant shall provide clarification. If any changes to the plans and specifications are
required during the bidding period, the Consultant shall make the necessary changes in a
timely manner so that City staff can issue an addendum.
Attend mandatory pre-bid conference for contractors at project sites.
9. Coordinate and conduct the Pre -Construction Meeting, including notifications to the
contractor, utility agencies, and trash collection service. Prepare the meeting agenda and
minutes. Pre -construction meeting may include a site visit to project locations.
10. Review submittals and change order requests and provide written recommendations on
their approval or rejection during the construction phase.
11. Provide support of the construction phase by attending a meeting on-site up to once
every week during an anticipated 120 -day construction period and by providing telephone
support as -needed to City staff, project manager, general contractor and City Inspector.
12. Attend final walk through of project and provide written recommendation on the
acceptance of the project.
13. Prepare and submit as -built 40 scale drawings on mylar to the City after the completion of
project construction.
SUBMISSION PROCEDURES
The proposal must include the following:
Cover letter including name, address and telephone numberfor the firm, and the name of
the contact person.
Names and qualifications for the project team that will be providing the services, including
resumes.
3
• Project Understanding -- Describe the approach and methods that will be used to meet
the project requirements. Also, identify any potential concerns or problems that your firm
anticipates during the term of this project.
• Scope of Services
• Proposed Fee. Please state all assumptions upon which the estimates are based.
• Breakdown of Proposed Fee by task and hourly rate.
• Proposed hourly billing for each project team member that would be assigned and any
expected additional expenditures, including reimbursables.
• Experience of the assigned team members with similar work.
• Up to five (5) references for similar work.
• Insurance -- Proof of insurance requirements addressed in the professional services
agreement of this Request for Proposal shall be submitted by the selected Consultant
upon execution of the contract for submittal to the City Council.
The selected Consultant must submit a "Statement Certifying Insurance Coverage"
certifying that the required insurance coverage will be obtained by the Consultant, and
that the Consultant understands said coverage is prerequisite for entering into an
agreement with the City. The Consultant is required to confirm with its insurance carrier
that it can meet all the requirements for insurance. Failure to meet the insurance
regulations as set forth shall result in the Consultant's disqualification.
• Schedule of required time line to complete the project. Note -- Grant funding deadline
requires the Notice of Completion for construction be filed with the County of L.A. by
12!31 /15.
SUBMITTAL DEADLINE — Proposals are due by Thursday, January 9, 2015 by 4:00 p.m.
Interested firms must submit six (6) copies of the proposal in a sealed envelope with the fee
proposal bearing the name, address and telephone number of the individual or entity submitting
the proposal to:
Bob Rose, Community Services Director
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
The sealed proposals shall he clearly marked with the notation "DO NOT OPEN — PROPOSAL"
0
SELECTION CRITERIA
Selection of the firm will be made on a competitive basis. The review and evaluation of each
firm's response to this RFP will include consideration for the following criteria:
Responsiveness and comprehensiveness of the proposal with respect to this Request for
Proposals (RFP);
2. Experience of the firm designing similar trail projects.
3. Related experience and qualifications of the proposed project manager and project team.
4. Availability of project team and their ability to complete this project within the defined
timeline of the City.
Information obtained from references.
6. Willingness to accept and enter into the standard City of Diamond Bar Consulting
Services Agreement, which includes the details of insurance requirements.
7. Reasonableness of the proposed fee.
The criteria should not be construed so as to limit other considerations which may become
apparent during the review and selection process.
The City reserves the right to reduce or revise elements of the scope of work prior to the award of
any contract. Further, the City reserves the right to reject any or all proposals submitted; and no
representation is made hereby that any contract will be awarded pursuant to this Request for
Proposal, or otherwise.
All costs incurred in the preparation of the proposal, in the submission of additional information
and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the
proposer.
The City shall only provide the staff assistance and documentation specifically referred to herein
and shall not be responsible for any other cost of obligation of any kind which may be incurred by
the proposing firm. All proposals submitted to the City in response to this RFP shall become
property of the City.
QUESTIONS
All questions concerning this RFP should be directed to Claude Bradley, Facilities Maintenance
Supervisor at (909) 839-7060 or Bob Rose, Community Services Director at (909) 839-7061.
Attachments: Consulting Services Agreement (Attachment A)
City Trail Maps (Attachment B)
CITY COUNCIL
Agenda # 6.5
Meeting Date: 211711-5
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Ma'
TITLE: AWARD OF CONTRACT TO ORT O, INC. FOR THE REMOVAL AND
REPLACEMENT OF PLAYGROU D SURFACING AT MAPLE HILL, RONALD
REAGAN AND PANTERA PARKS IN THE AMOUNT NOT TO EXCEED
$66,856.10, PLUS A 10% CONTINGENCY OF $6,685.61 FOR UNEXPECTED
CONDITIONS, FOR A TOTAL AUTHORIZATION OF $73,541.71 FOR THE
2014/15 FISCAL YEAR.
RECOMMENDATION: Award and authorize City Manager to execute contract.
FINANCIAL IMPACT: The removal and replacement of the playground surfacing at
Maple Hill, Ronald Reagan and Pantera Parks is included in the 2014/15 Fiscal Year
budget. The appropriation is for $108,000. Total cost should not exceed $66,856.10, unless
unexpected conditions are encountered.
BACKGROUND: City staff contacted five playground surfacing contractors to solicit
bids for the removal and replacement of the playground surfacing at Maple Hill, Ronald
Reagan and Pantera Parks. The five companies contacted were Ortco, Miracle Playground
Sales, Zaino Courts & Surfaces, Trueline and Sun Country Systems. The only responsible
bid was submitted by Ortco. Miracle Playground Sales and Zaino Courts & Surfaces
responded that they would not be submitting a bid. Trueline and Sun Country Systems did
not provide any response. Staff checked Ortco's contractor's license on the State's
Contractor License Board website, and their license is current and active.
Award for services to a single vendor in a fiscal year cannot exceed the City Manager's
purchasing authority of $40,000 without prior authorization from the City Council. Staff is
seeking City Council authorization for expenses not to exceed $66,856.10, plus a 10%
contingency of $6,685.61 for unexpected conditions, for a total authorization of $73,541.71
for the 2014/15 fiscal year.
DISCUSSION: The playground surfacing at Maple Hill, Ronald Reagan and Pantera
Parks is made from a rubber material. This material was originally selected because it
provides exceptional access to park visitors in wheel chairs and protection from falls for
users of the play equipment. The surfacing at these three parks have been in place for 17 to
20 years. Over time, the fall cushioning properties start to degrade due to wear, climatic
factors and environmental conditions. Staff had the surfacing tested at each of these parks
and the tests determined that it's time to remove the old and install new surfacing.
PRE A AND REVIEWED BY:
ose
Director of Community Services
REVIEWED BY:
Dianna Honeywell
Finance Director
Attachments: Agreement with Ortco, Inc. dated 2/17/15 (award of contract date)
Exhibit "A" — RFP dated 12/17/2014 seeking bids
Exhibit "B" — Proposal from Ortco, Inc. dated 1/14/2015
AGREEMENT
The following agreement is made and entered into, in duplicate, as of the date executed by the
Mayor and attested to by the City Clerk, by and between, Ortco, Inc. , hereinafter referred
to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Request For Proposals (R.F.P.), proposals were received, on the date
specified in the R.F.P.; and
WHEREAS, City did accept the proposal of the CONTRACTOR and;
WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for
furnishing labor, equipment and material for the Removal and Replacement of Rubber Surfacing in the
Tot Lots at Maple Hill, Ronald Reagan and Pantera Parks in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools,
materials, appliances, and equipment for and do the work for the Removal and Replacement of Rubber
Surfacing in the Tot Lots at Maple Hill, Ronald Reagan and Pantera Parks in the City of Diamond Bar.
The work to be performed in accordance with the R.F.P., dated December 17, 2014.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The R.F.P. is
incorporated herein by reference and made a part hereof with like force and effect as if set forth in full
herein. The R.F.P., CONTRACTOR'S Proposal dated January 14, 2015, together with this written
agreement, shall constitute the contract between the parties. This contract is intended to require a
complete and finished piece of work and anything necessary to complete the work properly and in
accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR
whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists
between the aforesaid documents and this written agreement, the provisions of this written agreement
shall control.
3. TERMS OF CONTRACT
The CONTRACTOR agrees to complete assigned work within 30 work days from the date
work is requested.
Agreement and unit prices shall remain in force, unless terminated sooner, until
June 30, 2015. Agreement may be extended per Section 14.
4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has
obtained all insurance required hereunder in a company or companies acceptable to City nor shall the
CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance
required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all
times during the life of this contract the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall
furnish to the City a certificate of insurance as proof that he has taken out full workers'
compensation insurance for all persons whom he may employ directly or through
subcontractors in carrying out the work specified herein, in accordance with the laws of
the State of California. Such insurance shall be maintained in full force and effect during
the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor Code, every
CONTRACTOR shall secure the payment of compensation to his employees. The
CONTRACTOR, prior to commencing work, shall sign and file with the City a certification
as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of work of this contract."
b. For all operations of the CONTRACTOR or any sub -contractor in performing the work
provided for herein, insurance with the following minimum limits and coverage:
1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each
accident.
2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000
aggregate.
3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each
accident.
4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000
aggregate.
5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident.
6) Automobile - Property Damage $250,000 each accident.
c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City, which is admitted to
do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers, agents and
employees, and any other parties specified in the bid documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or owned by the
designated additional insured shall be called upon to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the
amount of the coverage thereof reduced until thirty (30) days after receipt by City of a
written notice of such cancellation or reduction of coverage as evidenced by receipt of
a registered letter."
5) Otherwise be in form satisfactory to the City.
d. The policy of insurance provided for in subparagraph a. shall contain an endorsement
which:
1) Waives all right of subrogation against all persons and entities specified in
subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of
insurance provided for in paragraph b. by reason of any claim arising out of or
connected with the operations of CONTRACTOR or any subcontractor in performing
the work provided for herein;
2) Provides it shall not be canceled or altered without thirty (30) days' written notice
thereof given to City by registered mail.
e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the
Contract, deliver to the City Manager or his designee the original policies of insurance
required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a
certificate of the insurance company, showing the issuance of such insurance, and the
additional insured and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of
California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to
pay not less than the general prevailing rate of per diem wages for work of a similar character in the
locality in which the public works is performed, and not less than the general prevailing rate of per diem
wages for holiday and overtime work. In that regard, the Director of the Department of Industrial
Relations of the State of California is required to and has determined such general prevailing rates of per
diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk
of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any
interested party on request. City also shall cause a copy of such determinations to be posted at the job
site.
The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00)
for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such
laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore
stipulated for any work done under this Agreement, by him or by any subcontractor under him.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5
of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council,
properly indentured apprentices may be employed in the performance of the work.
The CONTRACTOR is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or journeymen in any
apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are
making such contributions.
The CONTRACTOR and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements
may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor
under him shall comply with and be governed by the laws of the State of California having to do with
working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of
California as amended.
The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each
laborer, workman or mechanic employed in the execution of the contract, by him or any sub -
CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during
which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in
violation of the Labor Code.
8. 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.
9. CONTRACTOR'S LIABILITY:The City of Diamond Bar and its officers, agents and
employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or
damage that may happen to the work or any part thereof, or for any of the materials or other things used
or employed in performing the work; or for injury or damage to any person or persons, either workers or
employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other
property from any cause whatsoever arising out of or in connection with the performance of the work.
CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from
defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless
from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that
may be asserted or claimed by, any person, firm, entity, corporation, political subdivision, or other
organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its
agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent
passive negligence on the part of City. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any
such claims, damages, penalties, obligations or liabilities and will pay all costs and
expenses, including attorneys' fees, expert fees and costs incurred in connection
therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR
or Indemnitees covering such claims, damages, penalties, obligations and
liabilities arising out of or in connection with such work, operations or activities of
CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the
Indemnitees harmless therefrom.
C. In the event Indemnitees are made a party to any action or proceeding filed or
prosecuted against CONTRACTOR for damages or other claims arising out of or
in connection with the work, operation or activities hereunder, CONTRACTOR
agrees to pay to Indemnitees and any all costs and expenses incurred by
Indemnitees in such action or proceeding together with reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such claim, charge,
damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or
liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of
City under any provision of this agreement, Contractor shall not be required to indemnify and hold
harmless City for liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent jurisdiction. In
instances where City is shown to have been actively negligent and where City active negligence
accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire
portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall be
considered necessary by City may be retained by City until disposition has been made of such actions or
claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad
and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive
the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees
may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance
coverage which may have been required under this Agreement or any additional insured endorsements
which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the Indemnitees, while acting within the scope of their
duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed
by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive
negligence by the Indemnitees.
10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be
made in the employment of persons in the work contemplated by this Agreement because of the race,
color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties
provided for in Labor Code Section 1735.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all
material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with
CONTRACTOR'S Proposal dated 1/14/2015 in the amount of Sixty -Six
Thousand Eight Hundred Fifty -Six dollars and 10 cents ($66,856-10).
12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to
enforce any term of provision of this agreement, the prevailing party shall recover its reasonable
attorney's fees and costs incurred with respect thereto.
13. TERMINATION: This agreement may be terminated by the City, without cause, upon the
giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of
termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid
for services rendered and expenses necessarily incurred prior to the effective date of termination.
14. EXTENSION OPTION: The City Council shall have the option to extend this Agreement up to
five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by
giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the
expiration of the initial term of this Agreement, or of any additional one (1) year extensions.
In the event the City Council exercises its option to extend the term of this Agreement for one or
more additional one year periods, the Contractor's unit prices shall be subject to adjustment at
the commencement of the extended term and annually thereafter ("the adjustment date") as
follows:
Any increase in compensation will be negotiated between the City and the contractor, with the limits
being no increase to a maximum of the cost of living.
The increase, if any, will be calculated with reference to cost of living during the previous year. If the
increase is approved by the City Council, the increase will be calculated by adding the Contractor's
monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of
the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -
Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the
"Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has
increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the
Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem
appropriate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities
required by law on the respective dates set forth opposite their signatures.
State of California "CONTRACTOR'S" License No. 657695
CONTRACTOR'S Business Phone
Emergency Phone at which
CONTRACTOR can be reached at any time
Date Signed
CONTRACTOR INFORMATION
Ortco, Inc.
Name of CONTRACTOR
CONTRACTOR Address
City State Zip
By:
CONTRACTOR Representative (Signature)
Representative's Title
Date
Date
Date
CITY OF DIAMOND BAR, CALIFORNIA
MAYOR
ATTEST:
By:
CITY CLERK
APPROVED AS TO FORM
CITY ATTORNEY
EXHIBIT "An
The City of Diamond Bar is seeking qualified Contractors for the Removal and
Replacement of Poured -in -Place Playground Surfacing at three (3) City parks.
Proposals must be received by Thursday, January 29, 2015 no later than 4:30pm.
REQUEST FOR PROPOSAL:
The City of Diamond Bar is seeking proposals for the removal of existing poured -in-place playground
surfaces and the installation of new poured -in-place playground surfaces at three (3) City park
locations: Maple Hill Park, Pantera Park and Ronald Reagan Park. Site visits are recommended due to
the variation of each park playground surface layout.
SCOPE OF WORK
PREPARATION: Examine areas to receive poured -in place playground safety surfacing.
Ensure all applicable site work, including subsurface preparation,
fencing, playground equipment installation and all other relevant work
has been completed. Notify owner if areas are not acceptable. Do not
begin installation until unacceptable conditions have been corrected.
Contractor is responsible for securing the work site. Including, but not
limited to fencing and signage to prevent unauthorized access to the
work site.
DEMO: Contractor proposal must include: demo and cost to remove and legally
dispose of all existing poured —in-place playground surfaces from each
site.
INSTALLATION: New poured -in-place surface is to match existing size and shape of
surface at each location. Colors for each location to be determined by
the City. A constant color scheme will be used at each location.
Example: existing details such as maple leaves at Maple Hill Park will not
be re -installed on the new play surface.
City of Diamond Bar
RFP- Playground poured -in place surfacing
CLEAN-UP: Contractor is responsible for all site clean-up. At the end of each work
day the site should be left in good standing condition with all debris and
trash properly disposed of. Also, the contractor will be prohibited from
disposing of construction debris in City facility trash containers.
LOCATIONS: Pantera Park, 738 Pantera Drive, Diamond Bar, 91765
Maple Hill Park, 1355 Maple Hill Road, Diamond Bar, 91765
Reagan Park at 2201 Peaceful Hills Road, Diamond Bar, 91789
SUITABLE MATERIALS, ETC: Unless otherwise specified, all materials, supplies or equipment offered
by the bidder shall be new, unused and of the latest edition, version,
model or crop and of the recent manufacture.
MATERIAL: SpectraTurf —SpectraPour—Poured in Place
"See Attachments"
SUBMITTALS AND PROCEDURE DEADLINE:
A complete itemized response must be submitted to Jason Williams no later than Thursday, January
29, 2015 at 4:30pm. Postmarks are not acceptable.
City of Diamond Bar
Community Services Department
21810 Copley Drive
Diamond Bar. CA 91765
Attention: Jason Williams, Sr. Facilities Maintenance Worker
E -Mail: iwilliams@diamondbarca.eov
909.518.4841 Cell
After the January 29, 2015 submittal deadline, a telephone interview may be conducted to review the
proposal. Questions about the RFP or the selection process may be directed to Jason Williams.
Attachments: SpectraTurf/SpectraPour — Poured inPlace- SpecSheets
Insurance Requirements
City of Diivnond. rias,
RFP -Playground Poured -in place surfacing
• - •T re -AT •
Specification
SpectraTurf
500 E. Rincon Street #100
Corona, CA 92879-1352
Phone: (800) 875-5788
Fax: (951) 734-3630
E-mail: info@spectraturf.com
www.spectraturf.com
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: SpectraPour Poured -in -Place Playground Surfacing System
Specifier Note: Revise paragraph below to suit project requirements. If a reader of this .
section could reasonably expect to find a product or component specified in this section,
but it is actually specified elsewhere, then the related section number(s) should be listed
in the paragraph below. In the absence of related sections, delete paragraph below.
Specifier Note: Site materials and methods, drainage, playground equipment, fencing,
substrate preparation and similar work is provided by others and is described in other
sections. Consult manufacturer for specific substrate preparation requirements. Edit,
retain or delete paragraph below to suit project requirements and specifier practice.
B. Related Sections: Division 2 Sitework Sections: Materials and Methods, Excavation,
Asphalt Paving, Concrete Paving, Sub -Drainage, Storm Drainage, Fencing, Playground
Equipment and Structures.
Specifier Note: Article below may be omitted when specifying manufacturers
proprietary products and recommended installation. Retain References Article when
specifying products and installation by an industry reference standard. If retained, list
standard(s) referenced in this section, Indicate issuing authority name, acronym,
standard designation and title. Establish policy for indicating edition date of standard
referenced. Conditions of the Contract or Division 1 References Section may establish
the edition date of standards. This article does not require compliance with standard. It is
a listing of all references used in this section.
1.02 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. ASTM D412 Standard Test Methods for Vulcanized Rubber and Thermoplastic
Rubbers and Thermoplastic Elastomers -Tension.
2. ASTM D624 Standard Test Method for Tear Strength of Conventional Vulcanized
Rubber and Thermoplastic Elastomers.
3. ASTM D2047 Standard Test Method for Static Coefficient of Friction of Polish -Coated
Floor Surfaces as Measured by the James Machine.
4. ASTM D2859 Standard Test Method for Flammability of Finished Textile Floor
Covering Materials.
5. ASTM E303 Standard Test Method for Measuring Surface Frictional Properties Using
the British Pendulum Tester.
B. ASTM F1292 Standard Specification for Impact Attenuation of Surface Systems
Under and Around Playground Equipment.
7. ASTM F1951 Standard Specification for Determination of Accessibility of Surface
Systems Under and Around Playground Equipment.
Specifier Note: Article below should be restricted to statements describing design or
performance requirements and functional (not dimensional) tolerances of a complete
system. Limit descriptions to composite and operational properties required to link
components of a system together and to interface with other systems.
1.03 SYSTEM DESCRIPTION
A. Performance Requirements: Provide a 2 layer rubber -urethane playground surfacing
system which has been designed, manufactured and installed to meet the following
criteria:
1. Shock Attenuation (ASTM F1292):
a. Gmax: Less than 200.
b. Head Injury Criteria: Less than 1000.
2. Flammability (ASTM D2859): Pass.
3. Tensile Strength (ASTM D412): 60 psi (413 kPa).
4. Tear Resistance (ASTM D624): 140%.
5. Water Permeability: 0.4 gat/yd2/second.
6. Accessibility: Comply with requirements of ASTM F1951.
Specifier Note: Article below includes submittal of relevant data to be furnished by
Contractor before, during or after construction. Coordinate this article with Architect's
and Contractor's duties and responsibilities in Conditions of the Contract and Division 1
Submittal Procedures Section.
1.04 SUBMITTALS
A. General: Submit listed submittals in accordance with Conditions of the Contract and
Division 1 Submittal Procedures Section.
B. Product Data: Submit manufacturer's product data and installation instructions.
C. Verification Samples: Submit manufacturer's standard verification samples of 6" x 6"
minimum.
D. Quality Assurance[Control Submittals: Submit the following:
1. Certificate of qualifications of the playground surfacing installer.
E. Closeout Submittals: Submit the following:
1. Warranty documents specified herein.
Specifier Note: Article below should include statements of prerequisites, standards,
limitations and criteria that establish an overall level of quality for products and
workmanship for this section. Coordinate article below with Division 1 Quality Assurance
Section.
1.05 QUALITY ASSURANCE
A. Qualifications: Utilize an installer approved and trained by the manufacturer of the
playground surfacing system or a direct employee of the manufacturer's installation
division, having experience with other projects of the scope and scale of the work
described in this section.
B. Certifications: Certification by manufacturer that installer is an approved applicator of
the playground surfacing system.
C. International Play Equipment Manufacturers Association (IPEMA) certified.
Specifier Note: Article below should include specific protection and environmental
conditions required during storage. Coordinate article below with Division 1 Product
Requirements Section.
1.06 DELIVERY, STORAGE & HANDLING
A. General: Comply with Division 1 Product Requirement Section.
B. Delivery: Deliver materials in manufacturer's original, unopened, undamaged
containers with identification labels intact.
C. Storage and Protection: Store materials protected from exposure to harmful
environmental conditions and at a minimum temperature of 40 degrees F (4 degrees C)
and a maximum temperature of 90 degrees F (32 degrees C).
Specifier Note: In article below, state physical or environmental limitations or criteria for
installation such as weather, temperature, humidity, ventilation or illumination required
for proper installation or application.
1.07 PROJECTISITE CONDITIONS
A. Environmental Requirements: Install surfacing system when minimum ambient
temperature is 40 degrees F (1 degree C) and maximum ambient temperature is 95
degrees F (32 degrees C). Exception to the temperature requirements can be made by
the manufacturer of the surfacing system. Do not install in steady or heavy rain.
Specifier Note: Coordinate article below with Conditions of the Contract and with
Division 1 Closeout Submittals (Warranty) Section. Use this article to require special or
extended warranty or bond covering the work of this section.
1.05 WARRANTY
A. Project Warranty: Refer to Conditions of the Contract for project warranty provisions.
B. Proper drainage is critical to the longevity of the SpectraPour Poured -in -Place
surfacing system. Inadequate drainage will cause premature breakdown of the poured
system in affected areas; and void the warranty.
Specifier Note: Coordinate subparagraph below with manufacturer's warranty
requirements.
1. Warranty Period: 7 years from date of completion of work.
Specifier Note: Retain article below for proprietary method specification. Add product
attributes, performance characteristics, material standards and descriptions as
applicable. Use of such phrases as "or equal" or "or approved equal" or similar phrases
may cause ambiguity in specifications. Such phrases require verification (procedural,
legal and regulatory) and assignment of responsibility for determining "or equal"
products.
2.01 SPECTRAPOUR POURED -IN-PLACE PLAYGROUND SURFACING SYSTEM
Specifier Note: Retain or delete paragraph below per project requirements and
specifier's practice.
A. Manufacturer: SpectraTurf, Inc.
1. Contact: 500 E. Rincon Street, #100, Corona, CA 92879-1352; Telephone: (800) 875-
5788; Fax: (951) 734-3630; E-mail: info(a)spectraturf.com ; website:
http://www.spectraturf.com.
B. Proprietary Products/Systems, SpectraPour Poured -in-place playground surfacing
system, including the following:
1. SpectraPour Poured -In -Place Primer:
a. Material: Urethane.
2. SpectraPour Poured -in -Place Basemat:
a. Material: Blend of 100% recycled SBR (styrene butadiene rubber) and urethane.
Specifier Note: The type of playground equipment determines the required basemat
thickness, and the basemat thickness may be different at various locations on the
playground site. Depending on ASTM F1292 requirements for critical fall height (4', 5',
6', 7', 8', 9', 10', or 12'), select basemat thickness from options provided in subparagraph
below (1 1/4 ", 1 1/2", 2", 2 1/2", 3", 3 1/2", 4" or 5" respectively). Specify project
requirements below and coordinate with working drawings.
b. Thickness: [1 1/4"] [1 1/2"] [2"] [2 1/2"1 [3"] [3 1/2"] [4'1 [5"].
3. SpectraPour Poured -In -Place Top Surface:
a. Material: Blend of recycled EPDM (ethylene propylene diene monomer) rubber and
aromatic or aliphatic urethane binder.
b. Thickness: Nominal 1/2", minimum 3/8", maximum 5/8"-
c. Color: [Terra Cotta Red] [Primary Red] [Orange (indoor only)] [Pink] [Gold] [Beige]
[Yellow] [Bright Green] [Army Green] [Hunter Green] [Teal] [Sky Blue] [Royal Blue]
[Purple] [Pearl] [Eggshell] [Brown] [Light Gray] [Dark Gray] [Black][Custom color mix
(specify requirements)].
Specifier Note: Aliphatic urethane is recommended for certain colors (blue, teal, purple,
pearl, eggshell and grays) because aromatic binder "yellows" slightly upon exposure to
ultraviolet rays. Most of this thin layer of urethane wears off with foot traffic and
weathering typically within two to six months. This characteristic applies industry -wide.
d. Dry Static Coefficient of Friction (ASTM D2047): 1.0.
e. Wet Static Coefficient of Friction (ASTM D2047): 0.9.
f. Dry Skid Resistance (ASTM E303): 89.
g. Wet Skid Resistance (ASTM E303): 57.
Specifier Note: Edit Article below to suit project requirements. If substitutions are
permitted, edit text below. Add text to refer to Division 1 Project Requirements (Product
Substitutions Procedures) Section.
2.02 PRODUCT SUBSTITUTIONS
A. Substitutions: No substitutions permitted.
Specifier Note: Specify proportions and procedures for site mixing materials. Mixing is
the preparation of materials for use and is considered to be part of the manufacturing
process.
2.03 MIXES
A. Required mix proportions by weight:
1. Basemat: 16+% urethane (as ratio: 14% urethane divided by 86% rubber). 14%
urethane, 86% rubber (based on entire rubber & urethane mix).
2. Top Surface: 22% urethane (ratio: 18% urethane divided by 82% rubber). 18%
urethane, 82% rubber (based on entire rubber & urethane mix).
PART 3 EXECUTION
Specifier Note: Revise article below to suit project requirements and specifier's
practice.
3.01 MANUFACTURER'S INSTRUCTIONS
A. Comply with the instructions and recommendations of the playground surfacing
manufacturer.
Specifier Note: Specify actions to physically determine that conditions are acceptable to
receive primary products of the section.
3.02 EXAMINATION
A. Substrate preparation must be in accordance with surfacing manufacturer's
specification. New asphalt must be fully cured — up to 30 days. New concrete must be
fully cured — up to 7 days.
B. Proper drainage is critical to the longevity of the SpectraPour Poured -in -Place
surfacing system. Inadequate drainage will cause premature breakdown of the poured
system in affected areas; and void the warranty.
Specifier Note: Specify actions required to physically prepare the surface, area, or site
or to incorporate the primary products of the section.
3.03 PREPARATION
A. Surface Preparation: Using a brush or short nap roller, apply primer to the substrate
perimeter and any adjacent vertical barriers such as playground equipment support legs,
curbs or slabs that will contact the surfacing system at the rate of 300 ft2/gal.
Specifier Note: Coordinate article below with manufacturer's recommended installation
requirements.
3.04 INSTALLATION
A. Do not proceed with playground surfacing installation until all applicable site work,
including substrate preparation, fencing, playground equipment installation and other
relevant work, has been completed.
B. Basemat Installation:
1. Using screeds and hand trowels, install the basemat at a consistent density of 29
pounds, 1 ounce per cubic foot to the specified thickness.
2. Allow basemat to cure for sufficient time so that indentations are not left in the
basemat from applicator foot traffic or equipment.
3. Do not allow foot traffic or use of the basemat surface until it is sufficiently cured.
C. Primer Application: Using a brush or short nap roller, apply primer to the basemat
perimeter and any adjacent vertical barriers such as playground equipment support legs,
curbs or slabs that will contact the surfacing system at the rate of 300 ft2/gal (7.5 m2/L).
D. Top Surface Installation:
1. Using a hand trowel, install top surface at a consistent density of 58 pounds, 9 ounces
per cubic foot to a nominal thickness of 1/2".
2. Allow top surface to cure for a minimum of 48 hours,
3. At the end of the minimum curing period, verify that the top surface is sufficiently dry
and firm to allow foot traffic and use without damage to the surface.
4. Do not allow foot traffic or use of the surface until it is sufficiently cured.
Specifier Note: Specify provisions for protecting work after installation but prior to
acceptance by the owner. Coordinate article below with Division 1 Execution
Requirements Section.
3.05 PROTECTION
A. Protect the installed playground surface from damage resulting from subsequent
construction activity on the site.
ISSUE DATE: 2/28/14 -
In the interest of public playground safety, IPEMA provides a third -party certification
service whereby TOV SOD America validates a manufactiner's certification
of conformance to the ASTM F1292-09, Standard Specification for Impact Attenuation
of Surface Systems Under and Around Playground Equipment Standard-
The
tandard
The manufacturer listed below has received written validation from TOV SOD America
that the products listed below conform with the requirements of ASTM F1292-09.
MANUFACTURER
SpectraTurf
- _- -
500 East Rincon Street
-- _:-
` ` `'-
#100
Corona, CA 92879-1352
.�.
PRODUCTNBR-"PRODUCTLINE
-
DESCRIPTION - t . �,i ,
SPIO
SpectraPour Safety Surfacing 4.25" ! 10'
_-
SpectraPour —,-- —
SP12
SpectraPour Safety Surfacing 5" / 12'
SpectraPour
SP4
SpectraPour Safety Surfacing 1.75" / 4'
SpectraPour
SP5
SpectraPour Safety Surfacing 2" / 5'
SpectraPour
SP6
SpectraPour Safety Surfacing 2.5" / 6'
SpectraPour
SP7
SpectraPour Safety Surfacing 3" / T
SpectraPour
SP8
SpectraPour Safety Surfacing 3.5" 18'
SpectraPour
YOU may verify orfs ceal"Cite by visititmg IPEMA's wetnile At ht(p IliPetfiworg
W
2163 N. Glassell Street
Orange, CA 92865
714-998-3998
714-998-3996 fm
License #657695
I NAME/ADDRESS I
CIN OF DIAMOND BAR
7ASON WILLIAMS
21810 COPLEY DRIVE
DIAMOND BAR, CA 91765
EXHIBIT "B"
om
DATE
QUOTE #
1/14/2015
2014-2088
SIGNATURE
PROJECT
RONALD REAGAN PARK RUBBER
ITEM
DESCRIPTION
QTY
COST
TOTAL
2201 PEACEFUL HILLS DRIVE
AREA i
DEMO
DEMOOFEXISTING PIP RUBBER SURFACING.IN66UDE5TURN DOWN EDGE.
1,230
2.50
3,075.00
RUBBER
INSTALL 3.5" PIP RUBBER SURFACING, 50% BLUE &50% BLACK INCLUDES TURN DOWN EDGE,
1,230
12J0
15,62[.00
AREA 2
DEMO
DEMO OF EXISTING PIP RUBBER SURFACING. INCLUDES TURN DOWN EDGE.
537
2,50
1342.50
RUBBER
INSTALL 4" PIP RUBBER SURFACING. 60%BLUE&50% BLACKINCLUDES TURN DOWN EDGE,
537
1270
6,819.90
PRICES WILL CHANGE IF AREAS ARE DONE AT SEPARATE TIMES.
PRICES
PRICES ARE GOOD FOR 60 DAYS
EXCLUSIONS
EXCLUSIONS: OEMOANO/OR REMOVAL OF ANY EXISTING EQUIPMENT OR STRUCTURES,
SAFETY SURFACING, ASPHALT,CONCRETE, BORDERS, CURBS, SUBBASE AND COMPACTION. ANY
OTHER ITEMS OTHER THAN THOSE SPECIFICALLY STA TED IN THIS QUOTE, PERMITS NOT
INCLUDED. AREA TO BE CLEAR &LEVEL. UNDERGROUND UIILITTE5 MUST BE MARKED, NOT
RESPONSIBLE FOR DELAYS CAUSED BY WEATHER.
ACCESS
THERE WILL BE AN ADDITIONAL CHARGE IF THERE IS NOT ACCEPTABLE ACCESS, THERE MUST
BE A MINIMUM OF 8' WLDE BY 15' HIGH PATHWAY FOR EQUIPMENT TO REACH PLAY AREA,
12 YOU HAVE ANY QUESTIONS PLEASE CALL TUSTIN PARKS AT 714.998.3998
TOTAL $26,858AO
SIGNATURE
OpTcoo
INC. U'Me#657695
2163 N. Glald Street
Orange, CA 92865
714-998-3998
714-998-3996 fax
NAME/ADDRESS
CITY OF DIAMOND BAR
TASON WILLIAM$
21810 COPLEY DRIVE
DIAMOND BAR, CA 91765
DATE
QUOTE
1/14/2015
20142087#
SIGNATURE
PROJECT
PANTERA PARK RUBBER
ITEM
DESCRIPTION
QTY
COST
TOTAL
730 PANTERA DRIVE
AREA 1
DEMO
DEMO OF EXISTING PIP RUBBER SURFACING. INCLUDES TURN DOWN EDGE
836
2.50
2,090.00
RUBBER
INSTALL 3" PIP RUBBER SURFACING, INCLUDES TURN DOWN EDGE. 50% GREEN A 507 BLACK
836
12.50
10,450.00
AREA 2
DEMO
DEMO OF EXISTING PIP RUBBER SURFACING.INCLUDE5 TURN DOWN EDGE
401
2,50
1,002.50
RUBBER
INSTALL 2.5' PIP RUBBER SURFACING. 33% BROWN, 33% TAN,AND 33% BLACK.INCLUDES TURN
401
12.65
5,072.65
DOWN EDGE.
PRICE IS FOR BOTH AREAS, PRICE WILL CHANCE IF DONE AT SEPARATE TIMES.
PRICES
PRICES ARE GOOD FOR 60 DAYS
_
ACCESS
THERE WILL BE AN ADDITIONAL CHARGE IF THERE IS NOT ACCEPTABLE ACCESS, THERE MUST
BE A MINIMUM OF S' WIDE BY 15' HIGH PATHWAY FOR EQUIPMENT TO REACH PLAY AREA,
EXCLUSIONS
EXCLUSIONS'. DEMOAND/OR REMOVAL OF ANY EXISTING EQUIPMENTOR STRUCTURES,
SAFETY SURFACING, ASPHALT, CONCRETE, BORDERS, CURBS, SUB -BASE AND COMPACTION, ANY
OTHER ITEMS OTHER THAN THOSE SPECIFICALLY STATED IN THIS QUOTE. PERMITS NOT
INCLUDED, AREA TO BE CLEAR 4 LEVEL. UNDERGROUND UTILITIES MUST BE MARKED, NOT
RESPONSIBLE FOR DELAYS CAUSED BY WEATHER
IF YOU HAVE ANY QUESTIONS PLEASE CALL TUSTIN PARKS AT 714.998.3998
TOTAL $18,615.15
SIGNATURE
OR
® o License#657695
2163 N, Glasscll Street
Orvn9e, CA 92865
714-998-3998
714998-3996 fw
NAME/ADDRESS
CITY OF DIAMOND BAR
21810 COPLEY DRIVE
DIAMOND BAR, CA 91766
DATE
QUOTE #
1/14/2015
20142086
SIGNATURE
PROJECT
MAPLE HILL RUBBER
ITEM
DESCRIPTION
QTY
C05T
TOTAL
1355 MAPLE HILL ROAD
AREA 1
DEMO
DEMO OF EXISTING PSP RUBBER SURFACING. INCLUDES TURN DOWN EDGE.
183
2.50
457.50
RUBBER
INSTALL PIP 3" RUBBER 5URFACING. INCLUDES TURN DOWN EDGE. 907 LIGHT BLUE AND 50%
183
12.85
2,351.55
STANDARD BLUE
AREA 2
DEMO
DEMO OF EXISTING PIP RUBBER SURFACING, INCLUDES TURN DOWN EDGE.
1,210
2.50
3,025.00
RUBBER
INSTALL 3" PIP RUBBER SURFACING.50%LIGHT BLUE &50% BLUE. INCLUDES TURN DOWN EDGE.
1,210
12.85
15,548.50
PRICE I5 FOR BOTH AREAS ONLY. PRICE WILL CHANGE IF DONE AT DIFFERENT TIMES.
PRICES
PRICES ARE GOOD FOR 60 DAYS
EXCLUSIONS
EXCLUSIONS DEMO AND/OR REMOVAL OF ANY EXISTING EQUIPMENT OR STRUCTURES,
SAFETY SURFACING, ASPHALT, CONCRETE,BORDERS, CURBS, SUB-BA5E AND COMPACTION. ANY
OTHER ITEMS OTHER THAN THOSE SPECIFICALLY STATED IN THIS QUOTE. PERMITS NOT
INCLUDED, AREA TO BE CLEAR & LEVEL UNDERGROUND UTILITIES MUST BE MARKED. NOT
RESPONSIBLE FOR DELAYS CAUSED BY WEATHER.
ACCESS
THERE WILL BE AN ADDITIONAL CHARGE IF THEREIS NOT ACCEPTABLE ACCESS. THERE MUST
BE A MINIMUM OF 8' WIDE BY 15' HIGH PATHWAY FOR EQUIPMENTTO REACH PLAY AREA.
IF YOU HAVE ANY QUESTIONS PLEASE CALL ,JUSTIN PARKS AT714,998,3996
TOTAL $21,382,55
SIGNATURE
Agenda # 6 . 6
Meeting Date: February 17 2015
TO: Honorable Mayor and Membe f the City Council
VIA: James DeStefano, City Maa
TITLE: APPROVE NOTICE OF COMPrTION ORTHE TRAFFIC SIGNAL BATTERY
BACK-UP SYSTEM PROJECT.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
There is no financial impact.
BACKGROUND/DISCUSSION:
The City Council awarded a construction contract to Traffic Development Services, Inc. on June
17, 2014 in an amount not to exceed $131,138.00 with a contingency amount of $13,000.00 for
a total authorization amount of $144,138.00. The City authorized the Notice to Proceed for the
construction on August 11, 2014.
Traffic Development Services, Inc. has completed all work required as part of this project in
accordance with the plans and specifications approved by the City. There are a total of thirty
(33) signalized intersections equipped with battery back-up system units, nineteen (19) were
previously installed and fourteen (14) were installed as part of this project. An updated map of
all signalized intersections with the battery back-up system is attached.
The final construction cost of the project is $130,138.00 which is $14,000.00 under the total
authorized budget. No contract change orders were issued for this project.
PREPARED BY:
Christian Malpica, Associate Engineer
REVIEWED BY:
zx 17
David . Lid irector of Public Works
Attachments: BBS Location Exhibit
Notice of Completion
Date Prepared: February 6, 2015
Current Battery Back -Up (BBS) Units - Locations
CITY COUNCIL
Agenda # 6 , 7
Meeting Date: 2/17/2015
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
�"
TITLE: ADOPTION OF RESOLUTION NO. 2015 -XX OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AUTHORIZING PARTICIPATION IN THE NATIONAL
INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE JANITORIAL
SUPPLIES FOR CITY FACILITIES FROM WAXIE SANITARY SUPPLY AS
DISTRIBUTOR FOR NETWORK SERVICES COMPANY IN THE AMOUNT NOT TO
EXCEED $65,000 DURING THE 2014115 FISCAL YEAR AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE AGREEMENT TO COMPLETE THE PURCHASES
RECOMMENDATION: Adopt and authorize City Manager to execute agreement.
FINANCIAL IMPACT: Funds for these supplies are included in the 2014/15 FY budget for the Civic
Center, Diamond Bar Center, and Parks.
BACKGROUND/DISCUSSION: The City has been using Waxie Sanitary Supply for over ten years
to supply janitorial items for City facilities. Waxie provides high quality product and years of
responsive customer service that staff has come to rely on.
The City's purchasing policy, codified at Chapter 3.24 of the Diamond Bar Municipal Code generally
requires the use of formal bidding procedures for procurement of goods and services that cost in
excess of $40,000. Section 3.24.070(b)(4) provides an exception as follows: "When in the opinion of
the Purchasing Manager or Purchasing Agent supplies, materials, personal property or equipment
can be more efficiently or more cheaply obtained if acquired on behalf the City by the State
Department of General Services or other government purchasing program, the Purchasing Manager
or Purchasing Agent shall so advise the City Council. Acquisition of any such supplies, materials,
personal property or equipment by the State Department of General Services or other government
purchasing program may be authorized by resolution of the City Council."
Staff recommends that the City forgo its own bidding process and piggyback on the bidding process
conducted by the City of Tucson, Arizona, which served as the Principal Procurement Agency (lead
agency) for the National Intergovernmental Purchasing Alliance (National IPA) and negotiated a
contract with Network Services Company to obtain discounted pricing for about 1,400 Waxie products
that may be purchased by the City of Diamond Bar from Waxie Sanitary Supply as the local
distributor for the Network Services Company. The National IPA is an intergovernmental cooperative
purchasing alliance that procures contracted goods and services thorough a Request for Proposal
(RFP) competitive solicitation process conducted by a public agency/governmental entity. The
procurement process employed by the National IPA includes the following:
1070163.1
1. The lead agency prepares a competitive solicitation, incorporating language to make the
agreement accessible nationally to agencies in states that allow intergovernmental (i.e.:
"piggyback") contract usage.
2. The lead agency issues the solicitation and any required amendments and notifications, and
conducts pre—proposal conferences/meetings.
3. Interested suppliers respond to the solicitation.
4. The lead agency evaluates the responses, negotiates the final terms and conditions and
ultimately awards the master agreement.
The National IPA procurement process is similar to the City's formal bidding procedures, which
makes their master agreements appropriate for "piggybacking" for purchases of Waxie products
included in the City of Tucson and Network Services Company master agreement. As a participant of
National IPA, the City will receive the "NIPA" prices shown on the attached Waxie Price List, as
opposed to the "Current" prices shown on the same Price List. To test the actual savings potential,
staff randomly selected two Waxie invoices for products purchased in January, 2015. For one invoice,
dated January 22, 2015, the savings using the NIPA prices would be $281.77 and for the other
invoice, dated January 27, 2015, the savings would be $424.02. Combined, the use of NIPA prices
saves over 20%. If this savings is extrapolated over the $65,000 annual cost of janitorial supplies, the
savings using NIPA prices could be as much as $13,000.
Per the City's Purchasing Ordinance, participation of the City in a governmental purchasing program
must be authorized by resolution of the City Council. The Purchasing Ordinance also requires City
Council approval for purchases from a single vendor in a fiscal year in excess of the City Manager's
purchasing authority of $40,000. Staff anticipates expenditures of $65,000 for Waxie products during
the 2014/15 FY.
PREPARED BY: Christy Murphey, Recreation Superintendent
REVIEWE BY:
BbVRose
Community Services Director
Dianna Honeywell
Director of Finance
Attachments: 1. Resolution No. 2015 -XX
2. Waxie Price Comparison List—Current Prices vs. NIPA Prices
3. Report of Potential Discount for Two Actual Invoices
4. Janitorial & Sanitation Supplies Executive Summary
5. NIPA Master Intergovernmental Cooperative Purchasing Agreement
10701611
RESOLUTION NO. 2015 -XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING
PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE TO
PURCHASE JANITORIAL SUPPLIES FOR CITY FACILITIES FROM WAXIE SANITARY SUPPLY
AS DISTRIBUTOR FOR THE NETWORK SERVICES COMPANY IN THE AMOUNT NOT TO
EXCEED $65,000 DURING THE 2014/15 FISCAL YEAR
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 3.24.070(b)(4) authorizes the Purchasing
Manager to dispense with formal bidding when, in the opinion of the Purchasing Manager, supplies,
personal property, services or equipment can be more efficiently or more cost efficient obtained if
acquired on behalf of the city by the state department of general services or other government
purchasing program, and the City Council authorizes the "piggyback" procurement by resolution; and
WHEREAS, the Purchasing Manager has determined that certain supplies, materials, personal
property and equipment can be more efficiently and more cheaply obtained if acquired on behalf the
City as a participant of the National Intergovernmental Purchasing Alliance, an intergovernmental
cooperative purchasing alliance that procures contracted goods and services thorough a request for
proposal competitive solicitation process conducted by a public agency/governmental entity; 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 janitorial
products provided by Waxie Sanitary Supply as the local distributor pursuant to a master contract
between the City of Tucson, the Network Services Company, and the National Intergovernmental
Purchasing Alliance, and have determined that Waxie provides high quality product and responsive
customer service, and recommends Waxie Sanitary Supply as the provider of janitorial supplies for
city facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar hereby:
Recognizes that certain supplies, materials, personal property and equipment can be more
efficiently and more cheaply obtained if acquired on behalf the City as a participant of a
government purchasing program.
10701631
2. Authorizes participation of the City in the National Intergovernmental Purchasing Alliance.
3. Appoints the City Manager of the City of Diamond Bar to direct and supervise the acquisition of all
goods and services as a participant in the National Intergovernmental Purchasing Alliance.
4. Authorizes the City Manager to purchase janitorial supplies for City facilities from Waxie Sanitary
Supply as a participant in the National Intergovernmental Purchasing Alliance in the amount not
to exceed $65,000 during the 2014/15 fiscal year.
Approved and Adopted on the 17th day of February, 2015.
Steve Tye
Mayor
IdGim#
Tommye Cribbins,
City Clerk
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of
Diamond Bar held on the 17th day of February, 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Tommye Cribbins, City Clerk
City of Diamond Bar
1070163.1
WAXIE-61®
SANITNPY SNUGLY
Guy Fiandaca
Account Executive
909-938-9416
PLEASE FAX YOUR ORDER TO: 714-545-0569
Account Number: 146239 Ship To:
Purchase Order,
Ordered by,
here Nmuber '
QescriptWd
UM
Current
Price
NIRA
Price
030400
WAXIE-Green SolSta Nonacid Bathroom Cleaner 4/31-
CS
$
78.00
$
46.76
030834
WAXIE Drainzyme HD gallons
CS
$
59.00
$
53.99
030837
WAXIE Drainzyme HD Drain Maintainer quarts
QT
$
6.04
$
4.44
070400
Folex Spotter Quart
CS
$
53.99
$
51.66
070451
WAXIE Gum Away II 6oz
CS
$
46.99
$
42.70
070663
WAXIE-Green Encapsulating Pre -Spray gallons
CS
$
96.99
$
83.84
160161
Aim Deod Screen w/ Block
CS
$
83.81
$
42.36
160341
Wave 2.0 Deodorant Screen Herbal Mint 10/bx
BX
$
22.93
$
20.07
160342
Wave 2.0 Deodorant Screen Mango 10/bx
BX
$
22.93
$
20.07
160911
WAXIE Time Metered Mango Air Freshener 6.8oz
BX
$
20.99
$
25.92
160980
WAXIE 9000 -Shot Clean & Fresh Refill
CS
$
40.77
$
39.00
164011
WAXIE Mango Dry Air Freshener 10 -oz net
CS
$
60.99
$
42.57
164012
Timemist Mango Premium Hand -Held Air Freshener 12110oz
CS
$
60.99
$
42.57
170016
WAXIE Germicidal Ultra Bleach gallons
CS
$
8.00
$
8.49
170200
SolSta 320 Disinfectant Bathroom Cleaner
CS
$
82.00
$
55.93
170700
SolSta 764 Lemon Quat Disinfectant Cleaner 3L
CS
$
75.00
$
52.26
180020
4600 Feather Duster -12"
EA
$
9.95
$
6.91
180060
4603 Feather Duster -23"
EA
$
13.38
$
9.22
180105
Round Wall Duster Brush Head Only
EA
$
4.18
$
3.22
290060
16" Brass Channel w/ Rubber
EA
$
8.86
$
6.65
290120
4" Brass Squeegee Handle
EA
$
7.32
$
5.48
290430
18" Refill Squeegee Rubber
EA
$
2.98
$
2.22
320200
SolSta 210 Neutral Cleaner
CS
$
65.74
$
48.97
350474
WAXIE W74 Medium Duty Scrubbing Sponge
CS
$
21.00
$
23.45
350632
Mr. Clean Magic Eraser
CS
$
38.18
$
26.46
380395
11280 KC In Counter Kleenex Luxury Foam Skin Cleanser w/ Moi
CS
$
52.77
$
52.00
380397
11331 KC Kleenex Counter Mount Skin Care Dispenser
EA
$
19.34
$
19.34
380525
Bobrick B-4112 Soap Dispenser 40oz
EA
$
53.00
$
49.24
381663
2120 Space Saver Dispenser 1 000m
EA
$
-
$
-
381680
Purell Instant Hand Sanitizer 1000ml
CS
$
57.49
$
42.97
385905
WAXIE Grand Touch 1000 ml Dispenser Black
EA
$
2.37
$
1.00
388084
White Lanolin Hand Soap
CS
$
29.99
$
17.66
573130
ProTeam Antimicrobial Micro Filter Bags for Super Coach Vac
PK
$
21.95
$
15.54
573765
Windsor 12' Vacuum & Solution Hose
EA
$
208.27
$
170.45
574140
16-1919 Belt
EA
$
1.00
$
0.52
574355
Paper Filter Bags & Pre -Filter for Spectrum 12P and 15P
PK
$
11.78
$
11.16
574820
886A Sanitaire
EA
$
250.00
$
225.50
577261
3M 4500 Floor Sweeper
EA
$
193.67
$
159.47
650350
WAXIE Blue Wonder Wet Mop Janitor
CS
$
169.47
$
118.89
650821
Big Mo #524 Dust Mop Head
EA
$
9.86
$
7.59
650822
WAXIE Dust Mop Frame 524
EA
$
5.25
$
3.98
651171
60" Wood Snap-On Handle
EA
$
10.00
$
8.00
703084
40 x 47 1.5 mil Black Max Liner, 100/cs
CS
$
39.64
$
21.99
704525
30 x 37 1 ON Cor less Roll Liner
CS
$
30.00
$
23.96
750016
WAXIE-Green Bar Top Furniture Polish 16 -oz
CS
$
40.18
$
44.59
750321
WAXIE-Green Metal Brite Stainless Steel Cleaner Polish 16oz
CS
$
61.45
$
47.89
750860
3M SS Cleaner & Polish 21 oz
CS
$
133.99
$
98.53
770080
New Polishing Diapers Clothes
DZ
$
28.48
$
18.40
AJA
2/9/2015 1 of 2
WAXIER®
SANITAFY SUPPLY
Guy Fiandaca
Account Executive
909-938-9416
PLEASE FAX YOUR ORDER TO: 714-545-0569
Account Number: 146239 Ship To:
Purchase Order.
Ordered by;
Item Number '
Description
UlmCurrent
Price
1tItPA
Price
770100
New White Bar Towels
CS
$
26.99
$
32.23
770166
WAXIE NewGold Striped Cln Towels Conv Pack
BX
$
45.00
$
49.62
770176
WAXIE New Green Striped Cln Towels Conv Pack
BX
$
45.54
$
49.62
770186
WAXIE New Blue Striped Cln Towels Conv Pack
BX
$
43.54
$
49.62
770325
Green Microfiber Dusting Sleeve 3 per pk
PK
$
12.62
$
8.36
791255
8644 Nitrile Disposable Powder Free GP Gloves - Blue- Medium
BX
$
8.58
$
6.93
791320
ProGuard 8606 GP Vinyl Powdered Gloves M
BX
$
6.76
$
3.69
791325
ProGuard 8606 GP Vinyl Powdered Gloves L
BX
$
6.76
$
3.69
791855
ProGuard 8625 Powder free Latex GP Gloves Medium
CS
$
80.00
$
73.00
791860
ProGuard 8625 Powder free Latex GP Gloves Large
CS
$
80.00
$
73.00
792362
Disposable Dust and Mist Respirator
BX
$
15.84
$
9.99
820765
Waxed Kraft Liners for Wall Unit
CS
$
35.00
$
18.16
850232
2001 Clean & Soft White Mlt-fold Towel
CS
$
31.38
$
22.71
850235
21000 Signature Premium Multifold Towel
CS
$
27.99
$
16.24
850572
3600 Clean & Soft White Roll Towels
CS
$
69.99
$
47.65
851127
18280/01 Preference White 2 -Ply Toilet Tiss
CS
$
56.00
$
38.47
851178
1855 Clean & Soft White 2 -ply Toilet Tissue
CS
$
46.28
$
44.32
851530
041 WAXIE Seat Cover
CS
$
36.53
$
41.57
851900
283-604 Theft Resistant Spindle
EA
$
6.31
$
4.47
851915
283-504 Chrome Standard Spindle
EA
$
1.96
$
1.56
870499
Speedball Power Cleaner quarts
CS
$
63.00
$
40.67
870530
Speedball 2000 Cleaner quarts
CS
$
60.72
$
41.85
890040
Trigger Sprayer 22-32oz
EA
$
1.55
$
0.61
890050
WAXIE Spray Bottle - 32oz
EA
$
1.14
$
0.73
932294
Speedtrack Clean/Burnish Fragrance Free
CS
$
81.26
$
63.29
950110
SolSta 543 WAXIE-Green Glass and Surface Cleaner
CS
$
69.99
$
45.12
950144
WAXIE Sparkle Liquid Glass & Surface Cleaner
CS
$
24.45
$
14.06
950151
IWAXIE Sparkle Glass Cleaner Aero 19oz
CS
$
39.04
$
32.16
1070912
1 Extra (Host) Dry Carpet Cleaner 12lbs
CS
$
189.14
$
133.59
AJA
2/9/2015 2 of 2
Potential Discount for Two Actual Invoices
Waxie Sanitary Supply
Item
Quantity Invoice
Price
850235
12
27.99
851127
6
56.00
851530
4
36.53
380395
10
52.77
791255
2
8.579
770176
1
43.54
380525
6
53.00
030834
1
59.00
Shipping
4
22.925
1/22/2015
Tota I
Tax (9.0%)
GRAND TOTAL
TOTAL DISCOUNT:
% DISCOUNT:
Waxie Sanitary Supply
Item
Quantity
Invoice Price
850235
16
27.99
851127
3
56.00
703084
4
39.64
704525
1
30.00
170700
1
75.00
380395
4
52.77
950151
1
39.04
388084
1
22.99
160341
4
22.925
870499
1
63.00
Shipping
138.12
Total
Discount Price
Total
335.88
16.24
194.88
336.00
38.47
230.82
146.12
41.57
166.28
527.70
52.00
520.00
17.16
6.93
13.86
43.54
49.62
49.62
318.00
49.24
295.44
59.00
53.99
53.99
9.75
9.75
1793.15
1534.64
161.38
138.12
1954.53
1672.76
281.77 discount
14.4% discount
1/27/2015
Total
447.84
168.00
158.56
30.00
75.00
211.08
39.04
22.99
91.70
63.00
9.75
1316.96
118.53
1435.49
Discount Price
16.24
38.47
21.99
23.96
52.26
52.00
32.16
17.66
20.07
40.67
Total Both Invoices: 3390.02
Discount Price: 2684.22
Savings: 705.79
Percent Discount: 20.8%
Total
259.84
115.41
87.96
23.96
52.26
208.00
32.16
17.66
80.28
40.67
9.75
927.95
83_52
1011.47
424.02 discount
29.5% discount
NATIONALI PA
Janitorial & Sanitation Supplies
Executive Summary
Lead Agency: City of Tucson, AZ
RFP Issued: April 28, 2010
Date Open: June 2, 2010
UISTRIBUTFQN BY DESIGN
Proposals Received:
Solicitation: RFP 100489
Pre -Proposal Date: May 12, 2010
Proposals Received:6
The City of Tucson Department of Procurement issued RFP 100489 on April 28, 2010 to establish a
national cooperative contract for Janitorial & Sanitation Supplies, which includes towels, tissues,
professional cleaning chemicals, skin care products, can liners, tools & accessories, equipment parts and
services.
Notice of the solicitation was advertised in the following:
• City of Tucson, AZ Department of Procurement website
• Daily Journal of Commerce, OR
• National IPA Website
On June 2, 2010, proposals were received from the following offerors:
Network Services Company
Staples,lnc.
The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the
RFP the committee invited the firms to participate in an interview. Following the interviews, a request for
a revised offer was sent to the offerors.
The evaluation committee evaluated the revised offers, interviews and the relative strengths and
weaknesses of each proposal with regard to the evaluation criteria stated in the RFP. As a result, the
committee recommended entering negotiations with the intent to award a contract to the top ranked
Offeror: Network Services and their nationwide network of member distributors.
The City of Tucson, National IPA and Network Services successfully negotiated a contract and the City of
Tucson executed a contract on August 2, 2010 with a contract effective August 2, 2010.
Page 1 of 2
network
DISTRIBUTION BY DESIGN
Contract includes: Towels & tissues, professional cleaning chemicals, skin care products, can liners, tools &
accessories, equipment parts and services.
Term:
Initial one year agreement from August 2, 2010 through August 1, 2011, with option to renew for
four (4) additional one-year periods through August 17, 2015,
Pricing/Discount:
ALL janitorial & sanitation product and supply needs are available via the City of Tucson, AZ
national cooperative award. This includes industry-leading name brand items, as well as stock
items and private label items readily available at each local Network Services distributor member.
All items are offered at a discounted price based on similar discount percentages as those items
offered on the approved City of Tucson, AZ core price list.
The Core List:
The Core List of items represented in the City of Tucson, AZ award documentation represents those
items identified by the City of Tucson as their particular high usage items for deeper discounted
pricing. This list is NOT the complete list of janitorial and sanitation products available on the
contract. Click HERE for the Core List.
The Custom Product List:
In order to accommodate the significant differences in janitorial and sanitation product needs
across the country, as well as all types of public sector entities, the Network Services award offers a
customized solution via the Custom Product List. Each agency has the opportunity to build a list of
their most highly utilized items and brands. These items will be priced based on regional market
conditions in order to drive additional savings.
Large volume discounts are also available through the award. Your agency's local Network Services
distributor will work with you to ensure that your savings are maximized via the cooperative
contract.
Ordering/Distribution/Customer Service:
Your local community-based Network Services distributor is responsible for ordering, distribution
and customer service. They are available to assist you with all your janitorial and sanitation needs
including training and consulting. A list of Network Services distributors may be found HERE.
Page 2 of 2
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (the "Agreement") is
entered into by and between those certain government agencies that execute a Principal
Procurement Agency Certificate with National Intergovernmental Purchasing Alliance Company
("National IPA") ("Principal Procurement Agencies") to be appended and made a part hereof
and such other public agencies who register to participate in the National IPA program by either
registering on the National IPA website, www.nafionalipa.ora, or executing a Master
Intergovernmental Cooperative Purchasing Agreement with National IPA ("Participating Public
Agencies") to be appended and made a part hereof.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Principal
Procurement Agencies, a number of suppliers (each a "Supplier") have entered into Master
Supplier Agreements to provide a variety of goods, products and services (herein "Products") to
the applicable Principal Procurement Agency and the Participating Public Agencies;
WHEREAS, Master Supplier Agreements are made available by Principal Procurement
Agencies through National IPA and provide that Participating Public Agencies may purchase
Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject
to any applicable federal and/or local purchasing ordinances and the Taws of the State of
purchase;
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, and of the mutual benefits to result, the parties agree as follows:
I. That each party will facilitate the cooperative procurement of Products.
2. That the procurement of Products by Participating Public Agencies subject to this
Agreement shall be conducted in accordance with and subject to the relevant
federal, state and local statutes, ordinances, rules and regulations that govern
Participating Public Agency's procurement practices.
3. That the cooperative use of solicitations obtained by the parties to this Agreement
shall be in accordance with the terms and conditions of the Master Supplier
Agreement, except as modification of those terms and conditions is otherwise
allowed or required by applicable federal, state or local law.
4. That the Principal Procurement Agencies will make available, upon reasonable
request and subject to convenience, information which may assist in improving
the procurement of Products by the Participating Public Agencies.
5. That the Participating Public Agencies that procure Products through any Master
Supplier Agreement (each a, "Procuring Party") will make timely payments to the
Supplier for Products received in accordance with the terms and conditions of the
Master Supplier Agreement. Payment for Products and inspections and
acceptance of Products ordered by the Procuring Party shall be the exclusive
obligation of such Procuring Party. Disputes between Procuring Party and any
Supplier shall be resolved in accordance with the law and venue rules of the State
of purchase.
6. The Procuring Party shall not use this agreement as a method for obtaining
additional concessions or reduced prices for similar products or services.
7. The Procuring Party shall be responsible for the ordering of Products under this
agreement. A non -procuring party shall not be liable in any fashion for any
violation by a Procuring Party, and the Procuring Party shall hold non -procuring
party harmless from any liability that may arise from action or inaction of the
Procuring Party.
8. This agreement shall remain in effect until termination by a party giving 30 days
written notice to the other parry. The provisions of paragraphs 5, 6 and 7 hereof
shall survive any such termination.
9. This agreement shall take effect after execution of the Principal Procurement
Agency Certificate or Participating Public Agency Registration, as applicable.
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City
Agenda # 6.8
Meeting Date: 2/17/15
AGENDA REPORT
TITLE: AWARD OF CONTRACT TO AND OFFICIALS (REPLACES THE NAME ELIITE
OFFICIALS) TO OFFICIATE THE CITY OF DIAMOND BAR YOUTH AND ADULT
BASKETBALL PROGRAMS FOR THE PERIOD OF SEPTEMBER 16, 2014 THROUGH JUNE
30, 2015 IN THE AMOUNT NOT -TO -EXCEED $35,000.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Costs for these services are included in the General Fund of the 2014/15 fiscal
year budget and through official fees. General Fund costs are recovered by the City through fees collected
from program participants and team registrations and official fees are recovered by fees charged to teams at
each game.
BACKGROUND: The City Council awarded a contract on September 16, 2014 to Elite Officials to officiate
youth and adult basketball programs. Staff was under the impression that Elite Officials was the new name for
And 1 Officials. However, Cameron Patton, owner of both Elite Officials and And 1 Officials has notified staff
that the contract should be in the name of And 1 Officials for insurance purposes. Therefore, staff is requesting
that the City Council approve this award of contract to And 1 Officials to correct this misunderstanding.
And 1 Officials has provided basketball officials for our year round adult basketball program and our winter
youth basketball league for the past 6 years. The City Council awarded a contract to And 1 Officials on July 1,
2008 to provide basketball officials for the period of July 1, 2008 through June 30, 2009. The contract was
renewed by the City Council on an annual basis for the next five years. Per the contract, five years is the
maximum period the contractor could provide service before a Request for Proposals process was required. A
new RFP, dated August 1, 2014 was sent out to four (4) known basketball official assignors. And 1 Officials
was the only bid received by the City.
DISCUSSION: Staff requested proposals from four assignors, with the only valid bid being submitted by
And 1 Officials. And 1 Officials is a low bidder and is extremely professional, and is very responsive in fulfilling
the needs of the City. Their bid for the youth league is $21 per official per game and for the adult league $22
per official per game (includes the $1 assignor fee). Staff has determined And 1 Officials to be a qualified
contractor because of their status as a low bidder, their primary use of CIF certified officials, and their proven
professionalism. Their officials are local (live primarily in the Diamond Bar / Walnut area) and the company is
timely and organized in providing service. Per the City's Purchasing Ordinance, awards for services to a single
vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $25,000 without prior
approval from the City Council. Staff anticipates expenditures of $30,000 for adult basketball officials and
$5,000 for youth basketball officials, for a total estimated expenditure of $35,000.
PREPARED BY: Mickey McKitrick, Recreation Specialist
Christy Murphey, Recreation Superintendent
unity Services Director
ATTACHEMENTS: Sports Officials Service Agreement for 2014/2015 FY
Request for Proposal dated August 1, 2014
Proposal from Cameron Patton, owner of And 1 Officials (and Elite Officials)
Request from Cameron Patton dated 2/11/15 to use the name And 1 Officials on the
contract.
SPORTS OFFICIALS SERVICE AGREEMENT
THIS AGREEMENT is made as of September 16, 2014 by and between the City of Diamond Bar, a
municipal corporation ("City") and And 1 Officials, ("Contractor").
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to provide services to
City as set forth in Exhibit "A", the City's Request for Proposals dated August 1, 2014.
B. Contractor represents that it is fully qualified to perform such officiating services by virtue of its
experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein
contained, the parties hereto agree as follows:
1. Contractor's Services.
A. Scope of Services. The nature and scope of the specific services to be performed by
Contractor are as described in Exhibit "A" the City's request for proposals dated, August 1, 2014.
B. Level of Services/Time of Performance. The level of and time of the specific services to
be performed by Contractor are as set forth in Exhibit "B" and as supplemented in seasonal league playing
schedules provided by the City Manager, or his designee. Services commence when official arrives at
designated assignment site, and cease when official departs said site. Services do not involve any travel or
transportation whatsoever.
2. Term of Agreement. This Contract shall take effect September 16, 2014, and shall continue
until June 30, 2015 unless earlier terminated pursuant to the provisions herein. By mutual agreement and
consent of City and Contractor, this agreement may be extended for up to five (5), one (1) year increments.
Conditions and fees to be negotiated at time of extension, as amended.
3. Compensation. City agrees to compensate Contractor for each service which Contractor
performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be
made only after submission of proper invoices in the form specified by City. Total payment to Contractor
pursuant to this Agreement shall not exceed thirty-five thousand dollars$3( 5,000) annually.
4. General Terms and Conditions. In the event of any inconsistency between the provisions of
this Agreement and Contractor's proposal, the provisions of this Agreement shall control.
5. Addresses
City: City Manager Contractor: Cameron Patton, Owner
City of Diamond Bar And 1 Officials
21810 Copley Drive 18297 Vine St.
Diamond Bar, California 91765 Hesperia, CA 92345
6. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent contractor.
Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on
behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor
or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in
any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest
asserted against City by reason of the independent contractor relationship created by this Agreement. In the
event that City is audited by any Federal or State agency regarding the independent contractor status of
Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship
between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and
attorney's fees, arising out of such audit and any appeals relating thereto.
C. Contractor represents that he does not have any employees nor will he have any
employees during the term of this contract. Contractor shall fully comply with the workers' compensation law
regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have
the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to
City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 6.
7. Standard of Performance. Contractor shall perform all work at the standard of care and skill
ordinarily exercised by members of the profession under similar conditions.
8. Indemnification. Contractor agrees to indemnify the City, its officers, agents, volunteers,
employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions,
claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by
any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or
omissions of Contractor, its agents, employees, subcontractors, or invitees, including each person or entity
responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a Contractor, then all
obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several.
9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and
keep in full force and effect, with an insurance company admitted to do business in California and approved by
the City a policy or policies of broad -form comprehensive general liability insurance with minimum limits of
$1,000,000 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or
negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of
services under this Agreement. Contractor shall require contracting officials to carry automobile insurance per
State of California law; City, its officers, employees, attorneys, and volunteers shall be named as additional
insureds on the policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general
liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess
insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -renewed,
canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by
the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof.
Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this
Agreement; shall be issued by an insurance company which is admittedtodo business in the State of California
or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that
A VII.
C. Contractor shall submit to City insurance certificates indicating compliance with the minimum
insurance policy endorsements indicating compliance with all minimum insurance requirements above, not less
that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on
City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form
which the City has agreed in writing to accept.
10. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire any interest,
director or indirect, which may be affected by the services to be performed by Contractor under this Agreement,
or which would conflict in any manner with the performance of its services hereunder. Contractor further
covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner
with the performance of its services pursuant to this Agreement.
B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to
or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement.
Contractor's covenant under this section shall survive the termination of this Agreement.
11. Termination. City may terminate this Agreement with or without cause upon fifteen(15) days'
written notice to the other party. Contractor may terminate this Agreement with or without cause upon ninety
(90) days written notice to the City. The effective date of termination shall be upon the date specified in the
notice of termination. In the event of such termination, City agrees to pay Contractor for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written notice of termination,
Contractor shall discontinue performing services.
12. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel
required to perform the services under this Agreement. All of the services required under this Agreement will
be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to
perform such services. Contractor reserves the right to determine the assignment of its own employees to the
performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to
require Contractor to exclude any employee from performing services on City's premises.
13. Non -Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the
performance of its services and duties pursuant to this Agreement, and will comply with all rules and
regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following:
employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will
receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any
work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw
materials.
14. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the
performance of any of Contractor's obligations hereunder, without the prior written consent of
City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or
obligations arising hereunder shall be void and of no effect.
15. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes
and regulations of the federal, state, and local governments.
16. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of
the conditions of performance under this Agreement shall not be a waiver of any other condition of performance
under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be
construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or
remedy available to City with regard to such breach or default.
17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or
equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in
such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and
costs, including costs of expert witnesses and consultants.
18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed
received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or
during regular business hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties
may, from time to time, designate in writing pursuant to the provisions of this section.
19. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with
the laws of the State of California.
20. Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific
reference, represents the entire and integrated agreement between Contractor and City. This Agreement
supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly
refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or
the Mayor and attested by the City Clerk.
22. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written
above.
"City"
ATTEST:
By:
Tommye Cribbins
City Clerk
Approved as to form:
City Attorney
"CONTRACTOR"
Lo
Its:
M.
Steve Tye
Mayor
The City of Diamond Bar is currently requesting proposals for a provider of
CIF Certified Basketball Officials.
Proposals are due no later than Friday, August I, 2014.
Introduction
The City of Diamond Bar operates both youth and adult basketball leagues. We are currently accepting
proposals for CIF Certified Basketball Officials to referee basketball games beginning in September 2014 and
continuing through June 2015. The adult basketball league has games on Sundays year-round, while the youth
league operates on Saturdays from January 2015 until March 2015 (ten weeks). Two certified officials are
required for all youth and adult games.
Scope of Work
The proposal must provide for the following services:
Minimum Services Requirements
• Provide CIF Certified Basketball Officials.
• Arrive to the desired site at specific time.
• Wear appropriate referee uniform.
• The contractor will keep in force comprehensive Personal Liability and Property Damage Insurance with
the limits of at least $1,000,000 for bodily injury or death of any one person or for any one accident or
occurrence and at least $1,000,000 for property damage. The City of Diamond Bar; its elected officials,
officers, agents or employees will be listed as additionally insured on the policy.
• The contractor will sign an agreement to provide services for one year. The agreement will contain a
provision to extend the agreement in one year increments for up to 5 years. A sample agreement is
attached to this document.
• In the event that the agreement is extended for one or more one year periods, the official's unit prices
shall be subject to adjustment at the commencement of the extended term and annually thereafter. Any
increase in compensation will be negotiated between the City and the contractor, with the limits being
no increase to a maximum of the cost of living.
Proposal Deadline
In order to be considered as a provider of the described assigning of officials, the proposal addressing all
requirements must be submitted to the City of Diamond Bar Community Services Department no later than
Friday, August 1, 2014 at 4:30 P.M.
Selection Process
After the August 1, 2014 submittal deadline, a telephone interview may be conducted to review the proposal.
Selection will be made by August 15, 2014. If you have any questions about the RFP or the selection process,
please contact Mickey McKitrick, Recreation Specialist.
Please submit all proposals to:
City of Diamond Bar
Community Services Division
Attention: Mickey McKitrick, Recreation Specialist
21810 Copley Drive
Diamond Bar, CA 91765-4178
Fax 909.612.4580 email: mmckitrickWiamondbarca.gov
From: Cameron Patton
Date: February 11, 2015 at 9:29:19 AM PST
To: Tommye Cribbins, Mickey McKitrick
Subject: And 1 Officials
Reply -To: Cameron Patton
Good morning Tommye,
There seems to be some confusion with my business name. I am still And 1 Officials for all
purposes at this point. Please continue to make all checks payable to And 1 Officials.
If you have any questions, please feel free to contact me.
Cameron Patton
And 1 Officials
Proposal Exhibit B
To: Valued Clients,
From: Cameron Patton, Elite Officials
Date: July 31, 2014
I appreciate the opportunity to submit the following proposal. Please call me with any questions
at(909)238-0167.
I. OVERVIEW
Elite Officials provides experienced NCAA, NBA Pro Am, FIBA and CIF certified
Officials for every level of play for youth, adult leagues, and tournaments. We cover
the greater Los Angeles, Orange County, Inland Empire and High Desert areas.
Our objective is to promote knowledge of basketball as well as fair play to all levels of
the game, as well as excellence, professionalism, and un -biased officiating. Our goal is
to raise the quality and standards of basketball officiating.
II. REQUIREMENTS OF OFFICIALS
• Certification
• Sportsmanship
• Professionalism
• Knowledge of Rules
• Accountability
• Approachable
• Organized
• Timeliness
III. KNOWLEDGE OF GAME
Many of our officials have played the game at the high school, college, pro -am and
NBA level. I promote officiating camps to all of the officials that work for me as well
as encourage continuing education and to improve individual skills.
Our officials know and understand the rules of the game, and utilize proper officiating
mechanics whether it is a youth league, adult league or tournaments.
IV. FEES
• Youth league: $21 per game.
• Adult league $22 per game (Includes $1 assignors fee)
V. NO SHOW & PERFORMANCE
No Shows
In the event that one of our officials do not or cannot make the venue, there will be a
credit given to that client for the pme(s) missed. If the official misses the first half of
the first game, that official will be docked for that half and the client will be issued a
credit for that half. If the official(s) missed the entire game, they will be docked to]-
that
orthat game and a full credit will be issued to the client. Exceptions are outlined in
official's "Elite Official's Agreement". If an official(s) misses dates or arrives late at
the location a second time, the official(s) will be suspended from that location.
Performance
If one of our official(s) does not perform to our or our clients standards, the client has
the right to request that official(s) be taken off the schedule for that location.
We encourage use of the "Admin Login" and "Feedback" forms on our website,
www eliteofficials.com, in order for us to continue to give you nothing less than the best in
professional officiating!
Thank for your time and consideration.
Cameron Patton
Elite Officials
http://wivw.cliteofficials.com
CITY COUNCIL
Agenda # 6.9 a
Meeting Date: February 17, 2015
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma e
TITLE: AWARD OF CONSTRUC ION ADMINISTRATION SERVICES
CONTRACT TO ONWARD ENGINEERING FOR THE GRAND AVENUE
BEAUTIFICATION PROJECT, FEDERAL PROJECT# HPLUL-5455(016),
IN THE AMOUNT OF $114,855, PLUS A CONTINGENCY AMOUNT OF
$10,000 FOR A TOTAL AUTHORIZATION OF $124,855.
RECOMMENDATION:
Award.
FINANCIAL IMPACT:
As part of the FY 2014-2015 Capital Improvement Program, $446,420 of Prop C Funds,
$699,220 of Federal SAFETEA-LU Funds, $125,968 of Transportation Development Act
(TDA) Funds, $333,964 of Surface Transportation Program -Local (STPL) Funds and
$127,169 of FY2013-2014 Prop A Exchange Funds were budgeted for the Grand Avenue
Beautification Project for a total allocation of $1,732,741 for construction administration
and construction. To date a total of $17,600 has been expended leaving a balance of
$1,715,141.
BACKGROUND/DISCUSSION: rr
The primary purpose of this project is to highlight the Diamond Bar cbfnmunity identity
and create visual points of interest. Streetscape enhancements are proposed at the
intersections of Grand Avenue and Diamond Bar Blvd. and Grand Ave. and Longview
Drive. A goal of the City's General Plan is to be recognized as a community of a well-
planned and aesthetically pleasing physical environment. The streetscape
enhancements include but are not limited to decorative traffic signals, interlocking pavers
in the parkways and crosswalks, decorative rails and panels in the parkways and
medians, pedestrian and accent lighting as well as enhanced landscape in the parkways
and medians and a new City entry monument at the City limit near the Longview Drive
intersection.
On November 25, 2014, the City released the Request for Proposals for the Construction
Administration/Inspection Services for the Grand Avenue Beautification Project to four (4)
consulting firms. One (1) proposal was received on December 19, 2014 by Onward
Engineering.
Onward Engineering proposal indicated that they understood the City's needs and
demonstrated a thorough understanding of the federal project compliance as well as the
importance of a streetscape project to a City. Onward Engineering included a very
detailed project approach to meeting the goals of the City's project requirements.
Additionally, Onward Engineering has extensive experience in working with the City as
they have completed other construction administrative services contracts with Federal
Funding compliance requirements within the City.
Onward Engineering scope of work includes:
• Utility Coordination throughout the duration of the contract
• Federal Compliance and Documentation
• Labor Compliance
• Job Safety Compliance
• Construction Inspection
• Material Testing
• Traffic Control Review and Inspection
• Change Order Reviews
• Progress Payment Review
The tentative schedule of this project is as follows:
Award of Contract February 17, 2015
Notice to Proceed/Begin Construction March 2015
Completion of Construction August 2015
PREPARED BY:
Kimberly M. Young, Senior Civil Engineer
DATE PREPARED:
February 10, 2015
REVIEWED
David G. Liu,Director of Public Works Dianna Honeywell, Financ irector
Attachments: Consulting Services Agreement
2
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of February 17, 2015 by and between the City of
Diamond Bar, a municipal corporation ("City") and Onward Engineering ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City as set forth in Exhibit "A", the City's Request for
Proposals dated November 25, 2014.
B. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "B" the Consultant's
Proposal, dated December 19, 2014 to the City's Request for Proposals.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Consultant are as set forth in Exhibit "B."
2. Term of Agreement. This Agreement shall take effect February 17, 2015,
and shall continue unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the schedule
set forth in Exhibit "B". Payment will be made only after submission of proper invoices
in the form specified by City. Total payment to Consultant pursuant to this Agreement
shall not exceed One Hundred Fourteen Thousand, Eight Hundred Fifty -Five Dollars
($114,855.00).
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
5. Addresses.
City: James DeStefano, City Manager Consultant: Majdi Ataya, P.E., President
City of Diamond Bar Onward Engineering
21825 Copley Drive 300 S. Harbor Blvd., Suite 300
Diamond Bar, CA 91765-4178 Anaheim, CA 92805
6. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
D. Consultant shall, at Consultant's sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to the City of Diamond Bar, South Coast Air
Quality Management District, and California Air Resources Board. Consultant further
agrees to indemnify and hold City harmless from any failure of Consultant to comply
with the requirements in Section 6. Additionally, the City shall have the right to offset
against the amount of any fees due to Consultant under this Agreement for any amount
or penalty levied against the City for Consultant's failure to comply with Section 6.
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant shall indemnify, defend with counsel
approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable attorneys fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with Consultant 's negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
2
comply with any of its obligations contained in this Agreement, except such loss or
damage which is caused by the sole active negligence or willful misconduct of the City
(meaning that Consultant shall indemnify and defend City notwithstanding any alleged
or actual passive negligence of City which may have contributed to the claims,
damages, costs or liability). Should City in its sole discretion find Consultant's legal
counsel unacceptable, then Consultant shall reimburse the City its costs of defense,
including without limitation reasonable attorneys fees, expert fees and all other costs
and fees of litigation. The Consultant shall promptly pay any final judgment rendered
against the City (and its officers, officials, employees and volunteers) with respect to
claims determined by a trier of fact to have been the result of the Consultant's
negligence, recklessness or willful misconduct. It is expressly understood and agreed
that the foregoing provisions are intended to be as broad and inclusive as is permitted
by the law of the State of California and will survive termination of this Agreement.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company authorized
to do business in the State of California and approved by the City (1) a policy or policies
of broad -form comprehensive general liability insurance with minimum limits of
$1,000,000.00 combined single limit coverage against any injury, death, loss or damage
as a result of wrongful or negligent acts by Consultant, its officers, employees, agents,
and independent contractors in performance of services under this Agreement; (2)
property damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and omissions) to cover or partially cover
damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence and at least $1,000,000
aggregate; and (5) worker's compensation insurance with a minimum limit of
$500,000.00 or the amount required by law, whichever is greater. City, its officers,
employees, attorneys, and volunteers shall be named as additional insureds on the
policy(ies) as to comprehensive general liability, property damage, and automotive
liability. The policy (ies) as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance
maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not
be non -renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement; shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by
the City; and shall be placed with a current A.M. Best's rating of no less than A-, VII.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
3
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less that one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
D. Self Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured retention
("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured)
should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or
deductible shall be subject to the approval of the City Attorney and the Finance Director.
Owner understands and agrees that satisfaction of this requirement is an express
condition precedent to the effectiveness of this Agreement. Failure by Owner as primary
insured to pay its SIR or deductible constitutes a material breach of this Agreement.
Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or
refusal to do so in order to secure defense and indemnification as an additional insured
under the policy, City may include such amounts as damages in any action against
Owner for breach of this Agreement in addition to any other damages incurred by City
due to the breach.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City. Consultant may, however,
make and retain such copies of said documents and materials as Consultant may
desire.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
4
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However, Consultant
shall not terminate this Agreement during the provision of services on a particular
project. The effective date of termination shall be upon the date specified in the notice
of termination, or, in the event no date is specified, upon the fifteenth (15th) day
following delivery of the notice. In the event of such termination, City agrees to pay
Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
5
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
17. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
18. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
19. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
20. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, shall be referred by the parties
hereto for mediation. A third party, neutral mediation service shall be selected, as
agreed upon by the parties and the costs and expenses thereof shall be borne equally
by the parties hereto. In the event the parties are unable to mutually agree upon the
mediator to be selected hereunder, the City Council shall select such a neutral, third
party mediation service and the City Council's decision shall be final. The parties agree
to utilize their good faith efforts to resolve any such dispute or controversy so submitted
to mediation. It is specifically understood and agreed by the parties hereto that referral
of any such dispute or controversy, and mutual good faith efforts to resolve the same
thereby, shall be conditions precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or controversy.
21. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
9
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
W901 2� _uN►"
By: By:
Tommye Cribbins, City Clerk Steve Tye, Mayor
Approved as to form:
By:
City Attorney
"CONSULTANT"
By:
Its:
7
Agenda # 6.9 (b)
Meeting Date: February 17, 2015
CITY COUNCIL<'1 AGENDA REPORT
�9Sg�
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: APPROPRIATE PROP C SAVIN S OF $53,600 FROM THE FY 2014-2015
ARTERIAL ZONE 1 CIP BUDGET, PROP A EXCHANGE FUND SAVINGS
OF $44,000 FROM THE FY 2014-2015 RESIDENTIAL AREA 2 CIP
BUDGET, PROP C SAVINGS OF $100,000 FROM THE FY 2014-2015 DIAL -
A -CAB TRANSIT PROGRAM, GAS TAX FUNDS IN THE AMOUNT OF
$180,000 AND UNRESTRICTED TRAFFIC MITIGATION FUNDS IN THE
AMOUNT OF $165,014 TO THE FY 2014-2015 GRAND AVENUE
BEAUTIFICATION CIP BUDGET; APPROVE RESOLUTION 2015 -XX
APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A
PROJECT PAYMENT ACCOUNT; REJECT THE LOWEST BIDDER,
UNIQUE PERFORMANCE CONSTRUCTION INC.; AND AWARD THE
CONSTRUCTION CONTRACT FOR THE GRAND AVENUE
BEAUTIFICATION PROJECT FEDERAL PROJECT # HPLUL-5455(016)TO
ALL AMERICAN ASPHALT IN THE AMOUNT OF $1,939,000; AND
AUTHORIZE A CONTINGENCY AMOUNT OF $193,900 FOR CONTRACT
CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A
TOTAL AUTHORIZATION AMOUNT OF $2,132,900.
RECOMMENDATION:
Appropriate, approve, reject and award.
FISCAL IMPACT:
As part of the FY 2014-2015 Capital Improvement Program, $446,420 of Prop C Funds,
$699,220 of Federal SAFETEA-LU Funds, $125,968 of Transportation Development Act
(TDA) Funds, $333,964 of Surface Transportation Program -Local (STPL) Funds and
$127,169 of FY2013-2014 Prop A Exchange Funds were budgeted for the Grand Avenue
Beautification Project for a total allocation of $1,732,741 for construction administration and
construction. To date a total of $17,600 has been expended leaving a balance of $1,715,141.
As shown in the table below, an appropriation of $53,600 of Prop C savings from the Arterial
Zone 1 Road Maintenance Project (Project# 23914) and $44,000 of Prop A Exchange Fund
savings from the Area 2 Residential Road Maintenance Project (Project# 01414) will be
needed to fund the project. Additionally, an appropriation of $100,000 in Prop C savings,
$180,000 of Gas Tax Funds and $165,014 in Unrestricted Traffic Mitigation Funds will need
to be allocated to the Capital Improvement Program to fully fund the project constuction.
Grand Ave. Beautification Project -Project# 22813
The
Budget
Encumbrance
Balance
Prop C
$ 446,420.00
$ 446,420.00
SAFETEA-LU
$ 699,220.00
$ 1,145,640.00
TDA
$ 125,968.00
$ 1,271,608.00
STPL
$ 333,964.00
$ 1,605,572.00
Prop A Exchange (FY14)
$ 127,169.00
$ 1,732,741.00
David Voltz Monument Design
$ 17,600.00
$ 1,715,141.00
Onward (CM Services)
$ 114,855.00
$ 1,600,286.00
Onward Contingency (CM Services)
$ 10,000.00
$ 1,590,286.00
All American Asphalt (Construction)
$ 1,939,000.00
$ (348,714.00)
All American Asphalt Contingency (Construction)
$ 193,900.00
$ (542,614.00)
Appropriate Prop C Savings from CIP Project 23914
$ 53,600.00
$ (489,014.00)
Appropriate Prop A Exchange Savings from CIP Project
01414
$ 44,000.00
$ (445,014.00)
Appropriate Prop C Savings from Diamond Ride
$ 100,000.00
$ (345,014.00)
Appropriate Gas Tax Funds
$ 180,000.00
$ (165,014.00)
Appropriate Unrestricted Traffic Improvement Funds
$ 165,014.00
0 -
$ -0-
The contingency for Onward and All American Asphalt in the total amount of $203,900 will
only be used in the event of unforeseen circumstances that will warrant a contract change
order. The City's Public Works team has a solid track record of keeping project costs within
the original contract award without having to use the contingency. Any unused contingency
amount will be returned to the respective fund balances at the close-out of the construction
project.
BACKGROUND/DISCUSSION:
The primary purpose of this project is to highlight the Diamond Bar community identity and
create visual points of interest. Streetscape enhancements are proposed at the
intersections of Grand Avenue and Diamond Bar Blvd. and Grand Ave. and Longview Drive.
A goal of the City's General Plan is to be recognized as a community of a well-planned and
aesthetically pleasing physical environment. The streetscape enhancements include but
are not limited to decorative traffic signals, interlocking pavers in the parkways and
crosswalks, decorative rails and panels in the parkways and medians, pedestrian and accent
lighting as well as enhanced landscape in the parkways and medians and a new City entry
monument at the City limit near the Longview Drive intersection. The Grand Avenue
Beautification Project will be the cornerstone of developing streetscape beautification
guidelines for the entire City. As a result, improvements similar in scope are currently in
design for the Diamond Bar Blvd. and Brea Canyon Road intersection as part of the Willow
Heights Development and the new community Diamond Canyon Park. Other key
intersections in the City, such as Golden Springs Drive at Diamond Bar Blvd. and Golden
2
Springs Drive at Lemon Ave. will also follow within the next five years with improvements
similar to the Grand Avenue Beautification Project.
The improvements will also enhance pedestrian use of the two intersections within the
project scope. Enhancements in the medians and parkways will include steel panel displays
on concrete columns with wood railings between each column and bollards with pedestrian
scaled lighting. The steel panels will depict the iconic windmill located in the shopping center
at the northeastern corner of the Diamond Bar Blvd./Grand Avenue intersection. These
railings in the parkways along the sidewalk will serve as a buffer for pedestrians and will
delineate the appropriate access route while offering flexibility to incorporate a unique
design. Crosswalks will be enhanced with pavers to increase visibility of the pedestrian path
of travel across the pedestrian -friendly intersections while landscaping will improve the
ambience of these intersections.
The City entry monument design was presented to Council on October 21, 2014 for approval
and includes elements consistent with the theme of this beautification project, including a
steel panel depicting the windmill and rolling hills of the City, stone, and accent lighting. This
project provides the opportunity to distinguish the City's historical and cultural identity in a
modern interpretation that will promote the City's pride.
The project has been under consideration and design for almost two years and multiple City
departments and divisions have been involved throughout the process including staff from
the Public Works, Community Services and Community Development Departments, the City
Manager's Office and the Public Information Division. The collaboration of all these
departments with the City Council has been critical to the success of the project.
The first concept of a beautification project was presented to Council on April 2, 2013.
Specific concept plans for the Grand Avenue corridor were presented to Council on August
6, 2013 and November 6, 2013. Subsequently, a community open house was held on March
19, 2014 to receive community input and support for the project design by both residents
and businesses of the City. Concept plan approval was granted by Council on April 1, 2014.
With the completion of plans and specs final design was completed and accepted by Council
on July 1, 2014. Due to the use of Federal Funds for the project, a Request for Authorization
to proceed with construction was submitted to Caltrans Local Assistance and approved in
September 2014. Shortly thereafter, the final monument design was presented and
approved by Council on October 21, 2014.
The project was advertised for bids on December 8, 2014. On January 14, 2015, eight (8)
bids were received. Unique Performance Construction, Inc, submitted the lowest base bid
in the amount of $1,749,425.80. However, bids were reviewed for responsiveness, and
based on the required Good Faith Efforts due to the use of Federal Funding for the project,
the bid submitted Unique Performance Construction, Inc. was deemed non-responsive. This
analysis was also reviewed and concurred by Caltrans Local Assistance and the City
Attorney. The Good Faith Effort for All American Asphalt, the second low bidder, was also
reviewed and determined to be responsive. Both memos documenting the review and
analysis of the Good Faith Efforts by the City's Federal Compliance Consultant, RKA
Consulting Group, for both Unique Performance Construction, Inc. and All American Asphalt
3
are attached as reference. As of the date this report was prepared, the low bidder, Unique
Performance Construction, Inc. indicated via email of their intent to protest staff's
recommendation to reject their bid and award to the second low bidder. The City Attorney
prepared and sent a written response via email to the President of Unique Performance
Construction, Inc., Matt Kabany, attached to this report for reference, describing the legal
requirements to review Good Faith Efforts and the determination of deeming them
responsive or non-responsive as required by the Federal Code of Regulations.
The bids received were as follows:
Company
Bid Amount
1.
Unique Performance Construction, Inc.
$1,749,425.80
2.
All American Asphalt
$1,939,000.00
3.
Los Angeles Engineering
$2,042,425.00
4.
Palp, Inc. DBA Excel Paving Co.
$2,088,729.00
5.
C.S. Legacy Construction, Inc.
$2,107,778.42
6.
Patriot Contracting & Engineering
$2,288,710.00
7.
Green Building Corp.
$2,327,700.00
8.
Gentry Brothers, Inc.
$2,576,488.50
The engineer's estimate was $1,575,000. Staff reviewed the two low bids against the
engineer's estimate and determined that the largest discrepancies were found in the
landscape and hardscape elements of the project. Many factors influence bids including the
current bidding climate and the contractor's specialty. All of the bidders that proposed on
the work are primarily paving contractors with subs for the landscape and hardscape work.
Staff has verified the contractor state license for All American Asphalt to be valid and they
have completed other public improvement projects to the City's satisfaction in other areas
of the City. The project schedule is tentatively set as follows:
Award of Contract February 17, 2015
Notice to Proceed/Begin Construction March 2015
Completion of Construction August 2015
It is staff's recommendation that Council appropriate the funds as indicated in the financial
summary, approve the resolution, reject the low bidder's bid proposal and award a contract
to All American Asphalt for the Grand Avenue Beautification Project -Federal Project#
HPLUL-5455(016).
4
PREPARED BY:
Kimberly M. Young, Senior Civil Engineer
REVIEWED BY:
David G. Liu, P.E.
Director of Public Works
DATE PREPARED:
February 12, 2015
Dianna Honeywell
Finance Director
ATTACHMENTS: EXHIBIT "A" — Email to Mr. Kabany from City Attorney dated 2/12/15
EXHIBIT "B" — GFE Memo for 1st Low Bidder
EXHIBIT "C" — GFE Memo for 2"d Low Bidder
CONTRACTOR AGREEMENT
RESOLUTION 2015-xx
E
EXHIBIT A
Kimberly M. Young
From: David A. DeBerry <DDeBerry@wss-law.com>
Sent: Thursday, February 12, 2015 11:49 AM
To: mkabany@aol.com
Cc: David Liu; Kimberly M. Young
Subject: FW: Good Faith Effort Analysis
Mr. Kabany,
I am the City Attorney for Diamond Bar. Your e-mails expressing concern over the City's conclusion that you did not
make sufficient good faith efforts to meet the DBE goals set forth in the Grand Avenue Project have been forwarded to
me. In addressing your concerns I provide the following:
As you are aware, this is a federally funded Project. One of the conditions of receipt of such funding is that the City
comply with federal requirements to make a good faith effort or cause bidders on the Project to make good faith efforts
to solicit bids from DBE's. The City is required, as a condition of receiving this funding, "to make a fair and reasonable
judgment whether a bidder that did not meet the goal made adequate good faith efforts." If the City does not comply
with federal funding conditions, it could expose the City to losing current and/or future federal funds.
The City has retained RKA Consulting, which has extensive experience in making these types of
determinations/recommendations. RKA Consulting utilizes the Code of Federal Regulations, specifically Appendix A to
Part 26, entitled "Guidance Concerning Good Faith Efforts", to determine whether a bidder has made the requisite good
faith efforts. As you know, RKA Consulting concluded that your company did not make the requisite good faith
efforts. In addition, both myself and Caltrans have reviewed and concurred with RKA's determination. You have been
provided a copy of RKA's determination.
The DBE goal on the Project was 18.4% DBE participation. Your company achieved 0.37%. Since it did not meet the DBE
goal, the next step was to determine whether or not your company made good faith efforts to do so. In making this
determination, RKA reviewed your company's efforts against the criteria in Appendix A of Part 26, which states it is
"essential to scrutinize [the] documented efforts." RKA found a number of instances where documentation was
lacking.
Appendix A also directs that in reaching a good faith effort conclusion that the City "must review the performance of
other bidders in meeting the contract goal." As set forth in Appendix A, in considering the participation achieved by
other bidders, the City "may reasonably raise the question of whether, with additional efforts, the apparent successful
bidder could have met the goal." Given that your company reported .37% participation, while the second low bidder
achieved 11.4%, the City reasonably could raise the question of whether with additional efforts your company could
have had higher participation.
Ultimately using the Appendix A criteria RKA concluded that while your company did make some efforts to advertise the
Project to DBE's it did not meet the good faith threshold as outlined in the federal regulations. Although you express
concern that making such determinations is subjective, that is the nature of the analysis. Appendix A even notes that
the "sufficiency of the firm's good faith efforts is a judgment call."
With respect to your question as to where in the bid documents it indicated that if your company did not make good
faith DBE efforts it would be considered non-responsive, I point you to page 7 under the Information for Bidders section,
which notes that the project is federally funded, that a DBE goal of 18.4% has been set, and directs bidders to Appendix
A of the bid documents regarding bid submittal requirements. Appendix A then details the DBE requirements, how to
show good faith efforts and includes compliance with 49 Code of Federal Regulations, part 26, wherein it specifically
states that the bidder should meet the DBE goal or "demonstrate that you made adequate good faith efforts to meet
this goal" and that the City "may consider DBE commitments of the 2nd and 3" bidders when determining whether the
low bidder made good faith efforts to meet the DEB goal."
As you know, under California law, bids must conform to the material terms of the bid package. Given that complying
with federal DBI requirements is a condition of federal funding, without which the Project could not be built, DBE
requirements are a material term. Not complying could also potentially provided your company with a bid advantage
over the other bidders.
In your protest you do not supply any additional documentation or tend to dispute RKA's findings. Your protest and this
response will be included as part of the City Council staff report.
Sincerely,
David DeBerry, City Attorney
From:
Sent: Thursday, February 12, 2015 8:51 AM
To: Kimberly M. Young
Cc: Tommye Cribbins; David Liu; John Beshay
Subject: Re: Good Faith Effort Analysis
This is could be subjective. Even If I did more good faith effort you would come and find something
that I did less than the second bidder or the third, what about if the third bidder did better good faith
than the second?. There should be a points or standard to what each contractor should do at the
minimum, but leaving it vague and then make a decision based on other criteria is not fair.
I protest your decision and request either reject all bids or award the project to Unique Performance
Thanks
Matt Kabany
Unique Performance Construction Inc
714-528-2220
714-528-2225 Fax
Matt,
Due to the project being Federally Funded it is subject to specific provisions of the Federal Code of
Regulations. According to the Code of Federal Regulations Part 26 the good faith evaluation included the
review of your bid to verify that you made all necessary and reasonable steps to achieve the DBE goal
although you were not able to commit to meeting the goal. In determining whether you made adequate good
faith efforts, it is permissible to take into account the performance of other bidders in meeting the contract
goal. Since other bidders were able to substantially make commitments of increased value to your
commitment it was reasonable to raise the questions of whether, with additional reasonable efforts, you
could of have also increased your commitment or even met the goal. The rejection of your bid was not based
on the DBE goal not being obtained it was based on the evaluation and documentation of a number of factors
that led to the determination and confirmed by the Department of Transportation (DOT) and the City Attorney
in finding the evidence of your efforts in itself insufficient for deciding the non -responsiveness of your bid.
Should you have any further questions please do not hesitate to contact me.
Kimberly M. Young, P.E. I Senior Civil Engineer
City of Diamond Bar I Public Works Department
909.839.7044 1909,861.3117 (fax)
From:
Sent: Wednesday, February 11, 2015 11:12 AM
To: Kimberly M. Young
Cc: Tommye Cribbins; David Liu; John Beshay
Subject: Re: Good Faith Effort Analysis
Kimberly
This is my second request regarding your primary result about awarding the Grand Ave Beautification
project.
Please indicate to me where in the bid documents or in the public work codes mentioned that If
Unique Performance did a good faith effort for DBE contractors but not sufficient enough (in your
opinion), you would consider Unique Performance "non responsive".
Thanks
Matt Kabany
Unique Performance Construction Inc
714-528-2220
714-528-2225 Fax
-----Original Message -----
From: Kimberly M. Young >
To: mkabany >
Cc: Tommye Cribbins >; David Liu <>; John Beshay <>
Sent: Tue, Feb 10, 2015 11:56 am
Subject: Good Faith Effort Analysis
Matt,
As requested, please see the attached memos that were prepared regarding the Good Faith Effort Analysis of both the 1"
low bidder and 2,,d low bidder for the Grand Avenue Project.
Thank you,
Kimberly M. Young, P.E. I Senior Civil Engineer
City of Diamond Bar I Public Works Department
21810 Copley Drive I Diamond Bar, CA 91765
909.839.7044 1909.861.3117 (fax)
www. Diamond BarCa.Gov
TO:
MEMO CC:
. J
R K x FROM:
DATE:
CONSULTING GROUP
RE:
BID ANALYSIS INFORMATION
EXHIBIT B
David Liu, Director of Public Works/City Engineer
Kimberly Young, Senior Civil Engineer
Grand Avenue Enhancement Project I File 304013
Natalie Avila, Associate Engineer
January 21, 2015
Bid Analysis Report for HPLU 5455(016): Apparent
Low Bidder Evaluation of Good Faith Effort
Project Number: Federal Project No. 1-fPLU-L-5455(016)
Bid Opening Date and Time: Wednesday, January 14, 2015 at 2:00 p.m.
Bidder: Unique Performance Construction Inc.
Type of Work: Enhancement/Rehabilitation/Beautification/Streetscape/Hardscape/Pedestrian
Improvements at the intersection on Grand Ave. at Diamond Bar Blvd. and Longview Dr.
Bid Amount: $1,756,325.80 (Bid Error Resulted in $ 1,749,095.80 as bid proposal submitted)
The City of Diamond Bar established a Disadvantaged Business Enterprise (DBE) goal of 18.4 percent
for this project. The bidder achieved 0.37 percent DBE participation.
RKA Consulting Group performed an evaluation of the apparent low bidder's good faith efforts based
on the "Guidance Concerning Good Faith Efforts" contained in 49 CFR Part 26, Appendix A. The
efforts of the bidder were reviewed by staff from the information provided in Exhibit 15-H, "DBE
Information — Good Faith Efforts," signed and submitted by Unique Performance Construction Inc.
RKA Consulting Group determined that the Low Bidder did not demonstrate a good faith effort to meet
the participation goal of this project for the reasons cited in this evaluation report.
GFE EVALUATION
A. Items of work the bidder made available to DBE firms
The Low Bidder separated the work into economically feasible units to facilitate DBE participation. Per
their outreach report on a web based focus report the following items of work offered to DBE firms were
made available to DBEs by the Low Bidder as follows:
(a) Bid Item No. 4 for Excavation in the dollar amount of $16,200.00, as a 0.93 %
(b) Bid Item No. 5 for Asphalt (Concrete)Contractors and Suppliers in the dollar amount of
$9,840.00, as a 0.56%
(c) Bid Item No.'s 7-11, 13-14 for Concrete Contractors and Suppliers in the dollar amount of
$229,171.20, as a 13.10%
(d) Bid Item No. 12 for Pavers Contractors and Suppliers in the dollar amount of $86,400.00, as a
P:\- CLIENTS\DIAMOND BAR\304013 - FUNDING COMP, AND ASST. ENGINEER\GRAND AVENUE ENHANCEMENI\BID ANALYSTS\I ST BIDDER UNIQUE
PERFORMANCEN E M O-GFE LOW BIDDER.DOCX
Memo Bid Analysis Report for HPLU 5455(016) Apparent Low Bidder Evaluation of Good Faith Effort
By: Natalie Avila Natalie Avila
4.94%
(e) Bid Item No. 19 for Cold Mill in the dollar amount of $1,890.00, as a 0.11%
(f) Bid Item No. 20 for Striping in the dollar amount of $11,040.00, as a 0.63%
(g) Bid Item No.'s 23-25 for Tree Grate supplier in the dollar amount of $8,461.20, as a 0.48%
(h) Bid Item No.'s 30-32 for Stone and Boulder contractors and suppliers in the dollar amount of
$8,331.00, as a 0.48%
(i) Bid Item No.'s 33-44 for Landscape and Irrigation in the dollar amount of $18,976.42, as a
1.08%
0) Bid Item No. 46 for Electrical in the dollar amount of $88,800.00, as a 5.08 %
Dollar amounts and percentage of total work shown are the assumed quotes that would have been
obtained from subcontractors based on the bid amount less the prime's markup. Analysis on the review
of advertised work for subcontractors was sufficient to meet the DBE contract Boal. The amount of
work made available relative to the goal however, is not generally positively correlated with the
adequacy of the bidder's good faith efforts.
B. Solicitation effort documentation
The Low Bidder solicited 40 DBE firms from various advertised work categories. Initial solicitation
was made on January 6, 2015 (8 calendar days prior to bid opening). All the DBE firms were provided
information about the contract that included only the City location of project, contract number, bid date
and time, items of work made available and contact information in the Invitation for Bid from the Low
Bidder. Project limits were not detailed in the description.
The Low Bidder solicited through reasonable and available means (e.g. advertising via websites, fax
and/or written email notices, phone calls) the interest of some certified DBEs who have the capability to
perform the work of the contract. No documentation on the web bulletin trade ad was provided to
disclose how many views or interests were received through this media. Documentation disclosed 20%
of faxes resulted in "failed" receipt confirmation. Copies of the email notice were not made available;
an email report that was included in the package that listed the email contacts, date, and time the
electronic mail was sent on behalf of the Low Bidder. No other support documents were included to
disclose receipt confirmation of the emails sent. The Low Bidder did conduct phone solicitations to all
40 DBE firms.
A listing of DBEs that were willing and able to be available for work in the project vicinity versus the
originally contacted firms by the Low Bidder is provided below.
1/21/2015 7:23 PM Page 2
Pd-CLIENTSVDIAMOND BAA\304013-FUNDING COMP. AND ASST, ENGINEERVGRAND AVENUE ENHANCEMENT BID ANALYSISVISI BIDDER UNIQUE
PERPORMANCE\M E M O-GFE LOW BIDDER.DOCX
Memo Bid Analysis Report for HPLU 5455(016) Apparent Low Bidder Evaluation of Good Faith Effort
By: Natalie Avila Natalie Avila
Phone calls were conducted on January 8 (6 calendar days prior to bid opening) and was determined to
be sufficient time allowed for the subcontractor to consider participating in the bid. Information
requested to the Low Bidder for the DBE to respond were indicated in the comments, however, there is
no documentation to support the Low Bidder responded to the request. Approximately 38% of the
phone calls made were not able to reach subcontractor's staff. Another 38% expressed no desire to bid
the project.
The Low Bidder did conduct follow-up phone solicitations to all 40 DBE firms. Phone calls were
conducted on January 12 (2 calendar days until bidding) and are believed not to be sufficient time
allowed for the subcontractor to consider participating in the bid. Another 17% of the phone calls made
during the second attempt were not successful in reaching subcontractor's staff. Within 6 calendar days
prior to bidding the Low Bidder had documentation disclosing that 75% of efforts were believed to be
non -successful yet no other outreach was attempted to other DBE firms that were available.
Bid Item No. 22 (Partial) for Grand Avenue/Longview Drive Traffic Signal Improvements in the dollar
amount of $6,400, as a 0.37 % of total work was awarded to a subcontractor that was not listed on the
solicitation list. No documentation was provided how contact was made.
RKA Consulting concluded that although the bidder did make an adequate amount of work available to
meet the goal it did not make adequate advertisement efforts to meet the goal. Advertisement
should be made not less than 10 calendar days prior to the submittal of bids.
C. Rejected DBE documentation
DBE quotes were not provided by the Low Bidder; therefore it is indeterminate any
quotes were rejected.
D. Publication effort made to advertise the projects to include DBE participation
Publications were used to request DBE participation for this the project. The Low Bidder provided
copies of some publications. Copies included the web bulletin trade ad that was posted on
www.DBEsOutreach.com/Trade, fax invitations and the email notice report that was sent on behalf of
the Low Bidder. The web bulletin trade ad was posted and faxes/emails sent on January 6 (8 calendar
days prior to bid opening).
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Memo Bid Analysis Report for HPLU 5455(016) Apparent Low Bidder Evaluation of Good Faith Effort
By: Natalie Avila Natalie Avila
E. Agencies, organizations, or groups contacted to provide assistance in contacting, recruiting
and using DBEs
The Low Bidder did utilize an outside group and contacted DBEsOutreach, Inc.
F. Efforts to provide information about the plans, specifications, and contract requirements
Outreach Terms and Requirements posted on the web bulletin ad and fax invitation indicated that the
Low Bidder could provide project plans, specs, Notice Inviting Bids or other contract information to
interested DBEs.
G. Assistance with bonding, lines of credit, insurance, equipment, supplies, materials, and/or
services
Outreach Terms and Requirements posted on the web bulletin ad and fax invitation indicated that the
Low Bidder, if requested, could assist in bonding and insurance to any DBEs.
H. Additional data to support a demonstration of good faith effort
No other supportive information was provided by the Low Bidder to demonstrate a good faith effort.
The Low Bidder's level of reported participation does not tend to support a finding of good faith due to
the lack of follow up and reported failed attempts. The percentage of outreach compared to the available
subcontractors was restrictive and therefore excluded participation from potential DBE firms.
The 2nd and 3`d low bidders did meet the goal and received substantially more DBE commitment than
the apparent low bidder. Each of those bidders claimed approximately 24% DBE participation and
provided supportive documentation of their efforts. Therefore, since the apparent low bidder fails to
meet the goal and other bidders meet the goal, RKA believes that, with additional reasonable efforts, the
apparent low bidder could have met the goal.
FINDING OF RKA CONSULTING GROUP
RKA Consulting Group finds that the Low Bidder, Unique Performance Construction, did not
demonstrate a good faith effort to meet the DBE participation for this contract, for the reasons cited in
the evaluation report.
Submitted by:
Natalie Avila
Associate Engineer
*Mus[ he approved by someone other (han the reviewer.
Approved by:
Stev o ' o, PE*
Director of Municipal Services
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MEMO
EXHIBIT C
David Liu, Director of Public Works/City Engineer
CC: Kimberly Young, Senior Civil Engineer
� I
RK
]� — FROM:
DATE:
CONSULTING GROUP
RE:
BID ANALYSIS INFORMATION
Grand Avenue Enhancement Project I File 304013
Natalie Avila, Associate Engineer
February 6,2015
Bid Analysis Report for HPLU 5455(016: 2"d Low
Bidder Evaluation of Good Faith Effort
Project Number: Federal Project No. HPLU-L-5455(016)
Bid Opening Date and Time: Wednesday, January 14, 2015 at 2:00 p.m.
Bidder: All American Asphalt
Type of Work: Enhancement/Rehabilitation/Beautification/Streetscape/Hardscape/Pedestrian
improvements at the intersection on Grand Ave. at Diamond Bar Blvd. and Longview Dr.
Bid Amount: $1,946,500.00
The City of Diamond Bar established a Disadvantaged Business Enterprise (DBE) goal of 18.4 percent
for this project. The 28d low bidder achieved 11.4 percent DBE participation.
RKA Consulting Group performed an evaluation of the apparent 2"d low bidder's good faith efforts
based on the "Guidance Concerning Good Faith Efforts" contained in 49 CFR Part 26, Appendix A.
The efforts of the bidder were reviewed by staff from the information provided in Exhibit 15-H, "DBE
Information —Good Faith Efforts," signed and submitted by All American Asphalt.
RKA Consulting Group determined that the 2"d Low Bidder did demonstrate a good faith effort to meet
the participation goal of this project for the reasons cited in this evaluation report.
GFE EVALUATION
A. Items of work the bidder made available to DBE firms
The 2nd Low Bidder separated the work into economically feasible units to facilitate DBE participation.
Per their outreach report the following items of work offered to DBE firms were made available to
DBEs by the 2nd Low Bidder as follows:
(a) Bid Item No. 10 for Aggregate Base Contractors and Suppliers in the dollar amount of
$2,500.00, as a 0.13%;
(b) Bid Item No. 12 for Interlocking Pavers Contractors and Suppliers in the dollar amount of
$64,980.00, as a 3.35%;
(c) Bid Item No. 20 for Striping in the dollar amount of $11,875.00, as a 0.61%;
(d) Bid Item No. 28 for Monument Sign in the dollar amount of $59,850.00, as a 3.09%;
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Memo Bid Analysis Report for HPLU 5455(016) Apparent 2"d Low Bidder Evaluation of Good Faith Effort
By: Steve Loriso
(e) Bid Item No.'s 33-44 for Landscape and Irrigation including Street Trees Grate in the dollar
amount of $299,943.60, as a 15.47%;
(f) Bid Item No. 46 for Traffic Signal Improvements & Electrical in the dollar amount of
$422,559.60, as a 21.79%;
Dollar amounts and percentage of total work shown are the assumed quotes that would have been
obtained from subcontractors based on the bid amount less the prime's markup. Analysis on the review
of advertised work for subcontractors was sufficient to meet the DBE contract goal.
B. Solicitation effort documentation
Advertisement should be made not less than 10 calendar days prior to the submittal of bids. The 2"d
Low Bidder solicited an undisclosed amount of DBE firms from various advertised work categories.
Initial solicitation was made on January 7, 2015 (7 calendar days prior to bid opening). All the DBE
firms were provided information about the contract that included the City location of project, contract
number, bid date and time, items of work made available and contact information in the Invitation for
Bid from the 2nd Low Bidder. Project limits were not detailed in the description.
The 2"a Low Bidder solicited through reasonable and available means (e.g. advertising via websites, fax
and/or written email notices) the interest of some certified DBEs who have the capability to perform the
work of the contract. No documentation on the web bulletin trade ad was provided to disclose how
many views or interests were received through this media. Documentation disclosed 15% of faxes were
sent to DBE firms. Copies of the email notice were made available; an email report was included in the
package that listed the email contacts, date, and time the electronic mail was sent by the 2"d Low Bidder.
Support documents were included to disclose receipt confirmation of the emails sent.
A listing of DBEs that were willing and able to be available for work in the project vicinity versus the
originally contacted firms by the Low Bidder is provided below.
The 2"d Low Bidder did conduct follow-up email solicitations to all DBE firms. Emails were sent on
January 12 (2 calendar days until bidding) and are believed not to be sufficient time allowed for the
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Memo Bid Analysis Report for HPLU 5455(016) Apparent 2"d Low Bidder Evaluation of Good Faith Effort
By: Steve Loriso
subcontractor to consider participating in the bid.
Bid Item No.'s 23-25 and 30-45 for Landscape and Irrigation in the dollar amount of $215,661, as an
11.1% of total work was awarded to a subcontractor that was listed on the solicitation list. Proof of
quote proposal documentation was provided.
RKA Consulting concluded that the bidder did make an adequate amount of work available to meet the
goal, as well as making adequate advertisement efforts to meet the goal.
C. Rejected DBE documentation
DBE quotes were provided by the 2"d Low Bidder; one quote was accepted and one was rejected by the
2" Low Bidder. The rejected quote would have increased the overall bid for the project, therefore
jeopardizing the 2"d Low Bidder's chances of obtaining the contract. If the 2nd Low Bidder had accepted
the quote it would have increased its commitment by approximately 16% to allow it to meet the goal;
however, accepting the bid would have substantially raised their quote.
D. Publication effort made to advertise the projects to include DBE participation
Publications were used to request DBE participation for this the project. The 2"d Low Bidder
provided copies of those publications. Copies included the web ad that was posted on
www.classiftedads.com/announcemeiits-adl5ll48524.htm, fax invitations, written letters, and the email
notice report that was sent out. The web classified ad was posted and faxes/emails/letters were sent on
January 7 (7 calendar days prior to bid opening).
E. Agencies, organizations, or groups contacted to provide assistance in contacting, recruiting
and using DBEs
The 2nd Low Bidder did contact outside recruiting groups as part of their effort to provide assistance
in the recruitment and placement of DBEs.
F. Efforts to provide information about the plans, specifications, and contract requirements
All publications indicated that the 2"d Low Bidder could provide project plans, specs, Notice Inviting
Bids or other contract information to interested DBEs.
G. Assistance with bonding, lines of credit, insurance, equipment, supplies, materials, and/or
services
The bidder did not advertise to assist in bonding and insurance to any DBEs. Committed DBEs did not
require assistance.
H. Additional data to support a demonstration of good faith effort
Other supportive information that was provided by the 2"d Low Bidder to demonstrate a good faith effort
included all subcontractors, both DBE and non -DBE, who were contacted to bid on the project. A total
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Memo Bid Analysis Report for HPLU 5455(016) Apparent 2"d Low Bidder Evaluation of Good Faith Effort
By: Steve Loriso
of 22% of all subcontractors contacted were DBEs. The 2nd Low Bidder awarded a total of 25% of all
subcontract work to DBE subcontractor.
The 3rd low bidder did meet the Goal with a 24.7% DBE participation; however, no supportive
documentation of their DBE sub commitment was provided.
The 2"d Low Bidder's level of reported participation does support a finding of good faith due to the
effort and acceptance as an overall total of their subcontract work to sustain DBE commitment.
Therefore, RKA believes that, the 2nd Low Bidder could be recommended for contract award with the
commitment goal.
FINDING OF RKA CONSULTING GROUP
RKA Consulting Group finds that the 2nd Low Bidder, All American Asphalt does demonstrate a
good faith effort to meet the DBE participation for this contract, for the reasons cited in the evaluation
report.
Submitted by:
Natalie Avila
Associate Engineer
'Must be approved by someone other than the revieIver.
Approved by:
Steve -Lo ° o, PE*
Director of Municipal Services
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RESOLUTION NO. 2015 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE DESIGN AND PLANS FOR THE GRAND
AVENUE BEAUTIFICATION PROJECT PURSUANT TO GOVERNMENT
CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT.
The City Council of the City of Diamond Bar does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City retained DMS Consultants, Inc. ("Consultant") as the engineer to
design and prepare the plans for the Grand Avenue Beautification Project;
B. The Consultant informed the City Engineer that these plans are complete
and that construction of the Project may begin;
C. The City Engineer reviewed the completed design and plans for the
Project and agrees with the Consultant that the plans are complete and
the Project may be constructed;
D. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity; Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or
designee, to establish a fund containing sufficient monies from the current
fiscal year budget to pay for the Project ("Project Payment Account").
The Project Payment Account is the sole source of funds available for the
Contract Sum, as defined in the Contract Document administering the
Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED this 17th day of February, 2015.
Steve Tye, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution No. 2015 -XX was duly and regularly passed and
adopted by the City Council of the City of Diamond Bar, California, at its regular meeting
held on the 17th day of February, 2015, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
2
Tommye A. Cribbins, City Clerk
AGREEMENT
The following agreement is made and entered into, in duplicate, as of the date executed by
the Mayor and attested to by the City Clerk, by and between All American Asphalt hereinafter
referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred
to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened,
and declared on the date specified in the notice; and
WHEREAS, City did accept the bid of CONTRACTOR All American Asphalt and;
WHEREAS, City has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the Grand Avenue
Beautification Project, Federal Project No. HPLUL-5455(016) in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed:
I . GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor,
tools, materials, appliances, and equipment for and do the work for the Grand Avenue
Beautification Project, Federal Project No. HPLUL-5455(016) in the City of Diamond Bar.
The work to be performed in accordance with the plans and specifications, dated December 2014
(The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid
prices hereinafter mentioned and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED
COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and
made a part hereof with like force and effect as if set forth in full herein. The Plans and
Specifications, CONTRACTOR'S Bid dated January 13, 2015, together with this written
agreement, shall constitute the contract between the parties. This contract is intended to require a
complete and finished piece of work and anything necessary to complete the work properly and in
accordance with the law and lawful governmental regulations shall be performed by the
CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that
any inconsistency exists between the aforesaid documents and this written agreement, the
provisions of this written agreement shall control.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set
forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and
fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages,
and consequences arising out of the nature of the work during its progress or prior to its acceptance
including those for well and faithfully completing the work and the whole thereof in the manner
and time specified in the aforesaid contract documents; and also including those arising from
actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of
the work, suspension or discontinuance of the work, and all other unknowns or risks of any
description connected with the work.
4. TERM OF CONTRACT: The CONTRACTOR agrees to complete the work
within Sixty (60) working days from the date of the notice to proceed.
The CONTRACTOR agrees further to the assessment of liquidated damages in the
amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete
beyond the expiration of the completion date. City may deduct the amount thereof from any
monies due or that may become due the CONTRACTOR under this agreement. Progress payments
made after the scheduled date of completion shall not constitute a waiver of liquidated damages.
5. INSURANCE: The CONTRACTOR shall not commence work under this contract
until he has obtained all insurance required hereunder in a company or companies acceptable to
City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract
until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall
take out and maintain at all times during the life of this contract the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the
CONTRACTOR shall furnish to the City a certificate of insurance as proof
that he has taken out full workers' compensation insurance for all persons
whom he may employ directly or through subcontractors in carrying out the
work specified herein, in accordance with the laws of the State of California.
Such insurance shall be maintained in full force and effect during the period
covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor
Code, every CONTRACTOR shall secure the payment of compensation to
his employees. The CONTRACTOR, prior to commencing work, shall sign
and file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers'
compensation or to undertake self insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of work of this contract."
b. For all operations of the CONTRACTOR or any sub -contractor in
performing the work provided for herein, insurance with the following
minimum limits and coverage:
1) Public Liability - Bodily Injury (not auto) $500,000 each person;
$1,000,000 each accident.
2) Public Liability -Property Damage (not auto) $250,000 each person;
$500,000 aggregate.
3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person;
$1,000,000 each accident.
4) CONTRACTOR'S Protective - Property Damage $250,000 each
accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each
accident.
6) Automobile - Property Damage $250,000 each accident.
C.
11
Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City,
which is authorized to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers,
agents and employees, and any other parties specified in the bid
documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or
owned by the designated additional insured shall be called upon to
cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be
canceled nor the amount of the coverage thereof reduced until thirty
(30) days after receipt by City of a written notice of such
cancellation or reduction of coverage as evidenced by receipt of a
registered letter."
5) Otherwise be in form satisfactory to the City.
The policy of insurance provided for in subparagraph a. shall contain an
endorsement which:
1) Waives all right of subrogation against all persons and entities
specified in subparagraph 4.c.(2) hereof to be listed as additional
insured in the policy of insurance provided for in paragraph b. by
reason of any claim arising out of or connected with the operations
of CONTRACTOR or any subcontractor in performing the work
provided for herein;
2) Provides it shall not be canceled or altered without thirty (30) days'
written notice thereof given to City by registered mail.
e. The CONTRACTOR shall, within ten (10) days from the date of the notice
of award of the Contract, deliver to the City Manager or his designee the
original policies of insurance required in paragraphs a. and b. hereof, or
deliver to the City Manager or his designee a certificate of the insurance
company, showing the issuance of such insurance, and the additional
insured and other provisions required herein.
f. Self Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured
retention ("SIR") and/or deductible of the policy in lieu of the Owner (as
the named insured) should Owner fail to pay the SIR or deductible
requirements. The amount of the SIR or deductible shall be subject to the
approval of the City Attorney and the Finance Director. Owner understands
and agrees that satisfaction of this requirement is an express condition
precedent to the effectiveness of this Agreement. Failure by Owner as
primary insured to pay its SIR or deductible constitutes a material breach of
this Agreement. Should City pay the SIR or deductible on Owner's behalf
upon the Owner's failure or refusal to do so in order to secure defense and
indemnification as an additional insured under the policy, City may include
such amounts as damages in any action against Owner for breach of this
Agreement in addition to any other damages incurred by City due to the
breach.
6. PREVAILING WAGE: Since this is a Federally assisted construction project,
Davis -Bacon will be enforced. If Federal and State wage rates are applicable, then the higher of
the two will prevail. The Federal Labor Standards Provisions (Form HUD -4010) and the Federal
Wage Determination are attached and made part of this agreement, and compliance will be
enforced.
Notice is hereby given that in accordance with the provisions of California Labor Code,
Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than
the general prevailing rate of per diem wages for work of a similar character in the locality in
which the public works is performed, and not less than the general prevailing rate of per diem
wages for holiday and overtime work. In that regard, the Director of the Department of Industrial
Relations of the State of California is required to and has determined such general prevailing rates
of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of
the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are
available to any interested party on request. City also shall cause a copy of such determinations
to be posted at the job site.
The CONTRACTOR shall forfeit, as penalty to City, not more than 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 prevailing rate
of wages hereinbefore stipulated for any work done under this Agreement, by him or by any
subcontractor under him.
7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of
Section 1777.5 of the Labor Code, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the performance of
the work.
The CONTRACTOR is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or journeymen in
any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site
are making such contributions.
The CONTRACTOR and subcontractor under him shall comply with the
requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex -officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's
work for all workmen employed in the execution of this contract, and the CONTRACTOR and
any sub -contractor under him shall comply with and be governed by the laws of the State of
4
California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of
the Labor Code of the State of California as amended.
The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00)
for each laborer, workman or mechanic employed in the execution of the contract, by him or any
sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar
day during which the laborer, workman or mechanic is required or permitted to labor more than
eight (8) hours in violation of the Labor Code.
9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and
subsistence pay to each workman needed to execute the work required by this contract as such
travel and subsistence payments are defined in the applicable collective bargaining agreements
filed in accordance with Labor Code Section 1773.8.
10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents
and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss
or damage that may happen to the work or any part thereof, or for any of the materials or other
things used or employed in performing the work; or for injury or damage to any person or persons,
either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage
to adjoining or other property from any cause whatsoever arising out of or in connection with the
performance of the work. CONTRACTOR shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees
harmless from any and all actions, claims, damages to persons or property, penalties, obligations
or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political
subdivision, or other organization arising out of or in connection with the work, operation, or
activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for
herein, whether or not there is concurrent passive negligence on the part of City. In connection
therewith:
a. CONTRACTOR will defend any action or actions filed in connection with
any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses,
including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against
CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and
liabilities arising out of or in connection with such work, operations or activities of
CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees
harmless therefrom.
C. In the event Indemnitees are made a party to any action or proceeding filed
or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection
with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees
and any all costs and expenses incurred by Indemnitees in such action or proceeding together with
reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine
or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without
affecting the rights of City under any provision of this agreement, Contractor shall not be required
to indemnify and hold harmless City for liability attributable to the active negligence of City,
provided such active negligence is determined by agreement between the parties or by the findings
of a court of competent jurisdiction. In instances where City is shown to have been actively
negligent and where City active negligence accounts for only a percentage of the liability involved,
the obligation of Contractor will be for that entire portion or percentage of liability not attributable
to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall
be considered necessary by City may be retained by City until disposition has been made of such
actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as
broad and inclusive as is permitted by the law of the State of California. This indemnity provision
shall survive the termination of the Agreement and is in addition to any other rights or remedies
which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any
insurance coverage which may have been required under this Agreement or any additional insured
endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the Indemnitees, while acting within the scope of
their duties, from all claims, losses and liabilities arising out of or incident to activities or
operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent,
or subsequent passive negligence by the Indemnitees.
11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no
discrimination shall be made in the employment of persons in the work contemplated by this
Agreement because of the race, color or religion of such person. A violation of this section exposes
the CONTRACTOR to the penalties provided for in Labor Code Section 1735.
12. PAYMENT FUND: A City Council resolution established a Project Payment
Account, encumbered money in the current budget, and assigned that money to the Project
Payment Account, which is the sole source of funds available for payment of the contract sum set
forth in Section 3 of this Agreement. CONTRACTOR understands and agrees that
CONTRACTOR will be paid only from this special fund and if for any reason this fund is not
sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The
availability of money in this fund, and City's ability to draw from this fund, are conditions
precedent to City's obligation to make payments to CONTRACTOR.
13. TERMINATION: This agreement may be terminated by the City, without cause,
upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days
prior to the date of termination specified in the notice. In the event of such termination,
CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior
to the effective date of termination.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities
required by law on the respective dates set forth opposite their signatures.
State of California
"CONTRACTOR'S" License No. 267073
All American Asphalt
PO Box 2229
Corona, CA 92787
IN
Date
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
By:
STEVE TYE, MAYOR
ATTEST:
By:
TOMMYE CRIBBINS, CITY CLERK
Date
CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any
APPROVED AS TO FORM:
ATTORNEY
Date
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