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HomeMy WebLinkAbout02/17/2015 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION FEBRUARY 17,2015 STUDY SESSION: M/Tye called the Study Session to order at 5:53 p.m. in Room CC -8, South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, CA 91765 Present: Council Members Carol Herrera, Jimmy Lin, Jack Tanaka, Mayor Pro Tern Nancy Lyons, and Mayor Steve Tye Staff Present: James DeStefano, City Manager; Ryan McLean, Deputy City Manager; David DeBerry, City Attorney; Dianna Honeywell, Finance Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; Marsha Roa, Public Information Manager; Alfredo Estevez, IS Help Desk Support Technician; Isaac Aziz, Network Systems Administrator; John Beshay, Associate Engineer, and Tommye Cribbins, City Clerk. No. GRAND AVENUE BEAUTIFICATION PROJECT CM/DeStefano stated that tonight's study session is meant to provide the City Council with the latest information regarding the Grand Avenue Beautification Project and a refresher on the major elements. During this evening's Regular Meeting the City Council will be asked to award the contract. SCE/Young reported that tonight, during the Council's regular meeting, there are two items on the Consent Calendar related to the Grand Avenue Beautification Project. The first is an award for construction management services to Onward Engineering and the second is an award of the construction contract to All American Asphalt. Tonight's study session consists of a brief review of the history of the project, the final design elements, the budget and the request for additional appropriations for funding of this project. The purpose of the project is to enhance the streetscape at two intersections along Grand Avenue. The first intersection is at Diamond Bar Boulevard (city center) and the second at Longview Drive (city limit with Chino Hills). The design and project is a collaborative effort among several departments including Public Works, Community Development, Community Services, Public Information and the City Manager's Office. The project goals were reflective of the General Plan's Goal which is to be recognized as a community in a well-planned and aesthetically pleasing physical environment. Accordingly, this project was aimed at highlighting the Diamond Bar community identity, creating visual points of interest, establishing new streetscape standards and guidelines to be implemented in the future at major intersections throughout the City, to be a catalyst for FEBRUARY 17,2015 PAGE 2 CC STUDY SESSION business growth and to distinguish the City's historical and culture identity in a modern interpretation that will promote City pride. The project accomplishments began in April 2013 when the idea for a streetscape was first presented to the City Council for Grand Avenue. Federal funds were designated for Grand Avenue only, so different ideas of how to use those Federal funds were discussed and those discussions culminated in the idea of accomplishing a streetscape project along Grand Avenue. In August 2013 the concept designs were presented to Council and in November 2013 based on Council's input, the design was refined and presented to Council for approval. During the November meeting discussion included having an open house receive the community's input on the streetscape project since it was intended to establish and implement a streetscape that would identify and promote the City's identity at these intersections. The open house was held in March 2014 attended by 53 individuals comprised of residents and business owners from the area. Feedback received during the open house included use of the diamond as a main design element and use of decorative traffic signals and pavers. In July 2014 staff presented the materials for the final design which Council approved as well as the final design to be completed and to then go out for bids. As a requirement for the use of Federal funds, Caltrans approval was required and obtained in September 2014 to take the project out to bid. Council approved the entry monument in October 2014 and that portion of the project went out to bid in December 2014 with- - the bid opening on January 14, 2015 where staff received eight (8) bids in January. SCENoung detailed the design elements which included several natural color palates and textures for both the streetscape and landscape areas. Enhancements will be made to both the median islands and the parkways at the two intersections. The median islands are the landscaped area in the center of the roadway and the parkways are the sidewalk areas on either side of the pavement. Colored concrete with a green hue will be added to the sidewalks and parkway areas while custom tree grates with a diamond pattern will be added around the trees in the parkway. Pavers in a natural color palate to accent the colored concrete will be added around the tree grates to create a more visual appeal and defined walkway for pedestrians. Finally, to create a raised visual feature in the parkway and add more intimate defined walkways for pedestrians, a wooden rail and concrete posts will be added with landscape and low level lighting beneath. The post and rail concept was developed to give homage to the Diamond Bar Ranch history of the City. The medians will have natural color (cinnamon brick) concrete along with accent rocks and boulders of varying shapes and sizes adding texture to the streetscape. The median islands will also incorporate the post and rail streetscape feature which will include core -ten steel panels with the iconic windmill and rolling hills that have long been a defining design element for the City. Steel panels will be highlighted from below with LED lights for prominent viewing during nighttime hours. One of the most prominent features of the new design is the crosswalks because they will be seen at all four legs of each intersection when driving through them. The crosswalk design enhances the defined pedestrian path of travel with pavers of natural blend colors accented at each corner with a diamond shape created by a greenish (olive green) paver color. To add further accent to the crosswalk a concrete band and concrete color will surround the green accent diamonds in a rusty (brick red hue) color. To meet MUTCD requirements there will be a white thermal plastic stripe surrounding the crosswalk to delineate it. M/Tye asked if any of the area would be raised. SCE/Young responded that it was all pavers. The champagne and espresso colored pavers will surround the iron colored tree grates with the letters of Diamond Bar cut into the grate. The grates will surround each tree in the parkway. MPT/Lyons asked if the grate would have a word cut into it. SCE/Young reiterated that the tree grate will be imprinted (cut in) with "Diamond Bar" on either side of the tree grate at the upper right or bottom left corner. Participants in the open house indicated they wanted to see decorative traffic signal poles so staff developed a design to be incorporated at major intersections which entails painting the poles with the charcoal gray color on the bottom right corner. All four corners will be changed out with the modern traffic signals. MPT/Lyons asked if there would be new traffic poles. SCENoung responded "yes" but the existing illuminated street signs will be retained. M/Tye asked if the landscaped walkways would be on all four sides. SCENoung responded that they would be on most of the sides where the right-of-way width warrants it. In order to be compliant with ADA requirements a four -foot walkway must be maintained and if there is FEBRUARY 17,2015 PAGE 4 CC STUDY SESSION insufficient right-of-way width the landscaping will not be incorporated. In most areas along Diamond Bar Boulevard there is sufficient width to improve the landscaping. M/Tye asked if it was possible to underground the utility boxes or move them off of the sidewalk area. PWD/Liu responded that SCE usually prefers above -ground structu res/cabi nets for ongoing maintenance purposes. Staff can look into the plans and specifications and determine whether it could be changed. The City has existing vaults that have been in place for many, many years that SCE wants to upgrade with much larger underground vaults which will not affect above -ground improvements. MPT/Lyons asked if it was a vault. PWD/Liu said "No" that he was using the underground vault they are working on right now as an example which exists underground where they want to upgrade to a much bigger vault. The City has a lot of above- ground cabinets. M/Tye said he was wondering if the cabinet could be moved into the shrubs since it is unattractive and this project is attempting to improve the aesthetics of the area. Anything the utility company could do to help in that regard would be great. MPT/Lyons asked if the sidewalk would remain four feet wide. SCENoung responded affirmatively and stated that once the landscape is added the sidewalk will be a minimum of four feet wide. Currently, along Diamond Bar Boulevard the sidewalk is anywhere from 8 to 10 feet wide. C/Lin said that typically, the sidewalk area should be a minimum of six feet in width. SCE/Young reiterated that to meet the minimum requirement in the landscaped areas the sidewalk will be taken down to four feet wide which has been deemed sufficient. PWD/Liu said that staff would check with the utility companies to see if they are willing to at least move the cabinet out of the way. SCENoung further stated that the new entry monument sign that will be located at the Longview intersection will incorporate all of the design features in a deconstructed manner which has long defined the City. A steel panel featuring the windmill and rolling hills similar to the steel panels will be included in the medians and parkways and will be illuminated from behind at the top of the 10 Y2 foot monument accented with stone. Steel letters identifying Diamond Bar, the place, the community, the City with the incorporation date will be mounted over diamond patterned concrete with steel panels illustrating the rolling hills at the bottom and landscaping will be added around the monument walls. The monument will be located in the median at Longview Drive and will be anchored by stone columns about five to six feet in height. The landscape palate that will accompany the hardscape elements will include plants familiar to residents and the community such as red ground cover roses, star jasmine ground cover, crepe myrtles, London plane trees, sycamore trees and ginkgo biloba trees. Also included into the landscape palate will be new trees such as agave and yellow yucca and other types of plants that will help give the landscape texture and compliment the new streetscape. PWD/Liu stated that another element that has a potential location is the street clock. Previously, it was shown to be located in the median area on Diamond Bar Boulevard in front of El Pollo Loco and irrigation lines and electrical lines will be run to that point. Staff is reaching out to the business owners of California Trust as well as, the business owners on the southeast corner to see if there are opportunities at that site. PWD/Liu said C[Tanaka had spoken to the business owner and that they had expressed a willingness to work with the City. M/Tye asked who expressed the interest, the business owner or the land owner. C/Tanaka responded "the landlord." PWD/Liu explained that CDD/Gubman is looking at possibilities for location of the street clock and ultimately this matter will come back to the City Council for consideration, MPT/Lyons asked if staff was considering putting the street clock in their corner. PWD/Liu said "possibly". MPT/Lyons believed that there was already a time and temperature sign at that location. PWD/Liu responded "yes." Following discussion, MITye said he believed the owner would be very easy to deal with. The business was recognized as Business of the Month and they seem like very accommodating people. FEBRUARY 17,2015 PAGE 6 CC STUDY SESSION SCE[Young then went on to explain the construction budget. The project budget currently totals just over $1,730,000 million from a variety of planning sources including over $1 million in Federal funds, just under $700,000 from SAFETEA-LU funds which are strictly designated for Grand Avenue and STPL (Federal) funds. With the encumbrance of the entry monument design, the proposed cost of the construction management contract and the construction contract, staff will be recommending appropriations from several funding sources as indicated in staff's report which includes savings from past CIP projects, appropriation of unused gas tax funds, Prop C savings due to the savings in the Diamond Ride program, as well as, unrestricted traffic improvement funds. With these appropriations the project will be fully funded. Tonight staff's recommendation will be to reject the low bidder, Unique Performance, due to inadequate Good Faith Efforts. Because the City is using Federal funds for the project a goal of 18.4 percent of Disadvantaged Business Enterprise (DBE) was established for the project. The use of Federal funds requires that the contract be awarded to the contractor that may not necessarily meet the goal but shows a good faith effort in attempting to meet the goal. The low bidder committed .37 percent of DBE's on the project and was not able to establish a sufficient good faith effort for such a low commitment. The second low bidder, All American Asphalt, committed to 11.4 percent toward the goal and was able to demonstrate a good faith effort toward that goal. Therefore, tonight, staffs recommendation will be to reject the low bidder and award to the second low bidder so the budget currently before the Council is reflecting All American's contract bid price of $1,939,000 plus a 10 percent contingency requested by staff. It is not staff's intent to use the contingency but it is something that staff requests and in the event the contingency is not used, the $194,000 will go back to the respective funding source when the project is completed. Regarding the project schedule, staff is anticipating award of a construction contract this evening with commencement of construction in March and completion by August 2015. M/Tye asked if Edison would be done by that schedule. SCENoung responded that as part of their permit the City requires that they be done by March 2. MPT/Lyons said that was her first question as well and asked if anyone else is scheduled to be digging on Grand Avenue. C/Lin asked if travel lanes would be reduced by one lane during construction. SCENoung responded that because there is not yet a contractor on board there has been no discussion of traffic control during the course of construction but specs did identify that the City would permit lane closures as long as the contractor maintains one left -turn and one through right -turn at all times so it is likely that there will be lane closures especially during construction of the crosswalks. PWD/Liu further explained that staff's thought about sequencing is to get everything outside of the curb area within the street area done first because the majority of the project are landscaping and property improvements which will follow the initial phase. SCE/Young stated that the contractor also has the option to work at night. It would be the contractor's choice as it is not a requirement of the project because such a requirement would drive up costs. C/Lin stated that when street improvements were done in anticipation of the Olympics in Utah the public was asked whether they wanted a three year phased in project or a one year all -in -one project and whether the public wanted three years of misery or one year of hell, the one year of hell prevailed. His point is he agrees closures should be kept to a minimum if it requires the project being done in a single phase. M/Tye asked if anyone knew what the cost of the median monument sign was. SCENoung said that for All American it is shown as a separate item amounting to $63,000 and the cost of the columns are an additional $43,000. PWD/Liu said that depending on how the City approaches the next improvement project(s), if the signs are done in bulk it could potentially save the City a few dollars. CM/DeStefano said that as the City develops and redevelops intersections and contractors build new intersections these types of elements will be seen throughout the City. When the Council guided staff through this process over the last year it established the palate. Pieces of this palate are being implemented at Brea Canyon Road and Diamond Bar Boulevard through the Lennar project's public improvements. The theme will be carried out throughout the City in this manner. FEBRUARY 17, 2015 PAGE 8 CC STUDY SESSION CM/DeStefano stated that staff is not asking the City Council for any decisions during the study session. This meeting was intended to provide the City Council with a reminder and update on the status of this project. MPT/Lyons asked if staff was going to get back to the City Council on whether or not the utility box can be moved. PWD/Liu reiterated that he would and at the same time check both intersections to see if there were any other utility boxes that might need to be moved. MPT11-yons said that if it cannot be moved perhaps it can be cheerfully painted. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, MfTye adjourned the Study Session at 6:20 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this 3rd day of March 2015. STEVEIrYE, May�r MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 17, 2015 STUDY SESSION: 5:53 p.m. — Room CC -8 ► Grand Avenue Beautification Project — Discussion and Action. Public Comments: None CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Leticia Pacillas, Los Angeles County Fire Department, led the Pledge of Allegiance. INVOCATION: Associate Pastor Tim Park, Evangelical Free Church, gave the invocation. ROLL CALL: Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons, Mayor Tye. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; Isaac Aziz, Network Systems Administrator; John Beshay, Associate Engineer, and Tommye Cribbins, City Clerk. "'APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that during tonight's study session the City Council received a presentation on the design elements of the Grand Avenue Beautification Project in concert with Consent Calendar Item 6.9 which is the award of contract to begin the project. Council has looked at this project over the past year and a half, received a presentation once again on the design elements and took no action. 3. PUBLIC COMMENTS: Matt Kabany, Unique Performance Construction, requested that the City Council pull Council Consent Item 6.9(b) for separate consideration stating that his firm conducted a good faith effort to hire DBE sub -contractors, that his company was the lowest bidder and there is a $200,000 difference between his company's bid FEBRUARY 17, 2015 PAGE 2 CITY COUNCIL C! 5. and the second bidder. Mr. Kabany stated that the City hired RKA Consultants to evaluate the DBE good faith effort and that in his opinion the consultant came up with a result that is not accurate according to the consultant he hired. He has a report from DB Aldrich that he wished to submit in protest to the outcome of the award of the project to the second bidder and requested the project be re - awarded to the lowest bidder Unique Performance which will save the City $200,000 as well as the potential risk of losing Federal money for the project due to the DBE good faith effort being improperly evaluated. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded that this is a project the City Council may wish to have pulled from the Consent Calendar for a more involved presentation but it is one that involves significant Federal dollars. The City went through the process with Caltrans' assistance and confirmation of staff's processes including the highly regarded consultant the City used in the process. Staff has concluded with its recommendation that the second lowest bidder is the appropriate contractor for the project having met the requirements set forth by the City and the requirements set forth by the Federal Government. 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., SCAQMD/Government Center, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, MPT/Lyons seconded, to approve the Consent Calendar with the exception of Items 6.6 pulled by MPT/Lyons and 6.9(b) pulled by M/Tye. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of February 3, 2015. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES - Regular Meeting of November 20, 2014. FEBRUARY 17, 2015 PAGE 3 CITY COUNCIL 6.3 RATIFIED CHECK REGISTER — Dated January 29, 2015 through February 11, 2015 - in an amount totaling $1,246,456.02. 6.4 AWARDED CONTRACT TO ICG, INC. IN AN AMOUNT NOT -TO - EXCEED $49,750, FOR DESIGNS OF THE STEEP CANYON CONNECTOR TRAIL AND PANTERA PARK TRAIL. 6.5 AWARDED 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. 6.7 ADOPTED RESOLUTION NO. 2015-07: 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 2014-15 AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT TO COMPLETE THE PURCHASES. 6.8 AWARDED 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. 6.9 (a) AWARDED 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. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.6 APPROVE NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM PROJECT. MPT/Lyons asked CM/DeStefano to explain this system and how it works for traffic in Diamond Bar. CM/DeStefano asked that PWD/Liu as architect of the system, explain its benefit to citywide traffic concerns. FEBRUARY 17, 2015 PAGE 4 CITY COUNCIL PWD/Liu stated that as reported the City has equipped 33 out of a total of 63 signalized intersections with the battery backup system. Over the past number of years from time to time Diamond Bar experiences power outages. Traffic is one of the City's top priorities and when conditions warrant, there is a backup system in place. This means that should a power outage occur at any given location or area, the backup system will kick in and keep the signal running for up to five to six hours. Thereafter, the system will revert to red flashes, which requires less power than a fully functional system. Typically, an average battery backup system can ensure that signalized intersections can run adequately and routinely for up to six hours. Each signalized intersection is different. When certain intersections have longer timing phases it requires more electricity. MPT/Lyons thanked PWD/Liu and stated that the system is not only enhancing the movement of traffic should there be an electrical failure, it is also a very important safety feature. She believes this is an excellent system and looks forward to further enhancement. M/Tye thanked MPT/Lyons for pulling this item and pointed out that this phase of the project came in $14,000 under budget which is significant to the City as well. MPT/Lyons moved, C/Herrera seconded to approve Consent Calendar Item 6.6 Approving the Notice of Completion for the Traffic Signal Battery Backup System Project. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.9 (b) APPROPRIATE PROP C SAVINGS OF 53,600 FROM THE FY 2014-15 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. 2015-08: 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 FEBRUARY 17, 2015 PAGE 5 CITY COUNCIL HE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $2,132,900. CM/DeStefano stated that staff will provide a more detailed report and SCE/Young will provide a report and additional staff follow up in response to the question raised by an audience member. He read the title of this item and at the conclusion turned the presentation over to SCE/Young. SCE/Young reported that tonight the City Council has before it two items related to the Grand Avenue Beautification Project. She briefly described the history of the project, the final design elements and the budget related to the project. The purpose of the project is to enhance the streetscape at two intersections along Grand Avenue. The first intersection is at Diamond Bar Boulevard (city center) and the second at Longview Drive (city limit with Chino Hills). The project goals were reflective of the General Plan's Goal which is to be recognized as a community in a well-planned and aesthetically pleasing physical environment. Accordingly, this project was aimed at highlighting the Diamond Bar community identity, creating visual points of interest, establishing new streetscape standards and guidelines to be implemented in the future at major intersections throughout the City, to be a catalyst for business growth and to distinguish the City's historical and cultural identity in a modern interpretation that will promote City pride. The project accomplishments today date back to April 2013 and reflect the collaboration among several departments of the City including the Community Development Department, Community Services Department, Public Works Department, Public Information and members of the City Manager's Office. The idea for a streetscape was first presented to the City Council specifically for Grand Avenue because the Federal funds are only to be used on Grand Avenue. With Council's consent staff proceeded to develop concept designs which were presented to Council in August 2013. In November 2013 based on Council's input, the concept plans were refined and presented and an open house was held to invite the public to view the conceptual plans and provide input. In April 2014 the City Council approved the final concept design and staff proceeded to establish the final design and final materials palate which was presented to Council and approved by Council in July 2014. In September the City received the approval from Caltrans to proceed with the project going out to bid. Again, Federal funds require that Caltrans approve the design prior to going out to bid because the use of Federal funds is administered by Caltrans. In October, Council approved the final entry monument design which was incorporated into the project plans and the project was advertised for bids in December 8, 2014. On January 14, 2015 the bid opening was held publicly for this project and eight (8) bids FEBRUARY 17, 2015 PAGE 6 CITY COUNCIL were received. SCE/Young stated that the project incorporates several natural color palates and textures for both the streetscape and landscape areas. Enhancements will be made to both the median islands and the parkways at the two intersections. Colored concrete in a green hue will be added to the sidewalks and parkway areas and custom tree grates with a diamond pattern will be added around trees in the parkway. Pavers in a natural color palate to accent the colored concrete will be added around the tree grates to create a more visual appealing and defined walkway for pedestrians. Finally, to create a raised visual feature in the parkway and to add more intimate defined walkways for pedestrians, a wooden rail and concrete posts will be added with landscape beneath and low level lighting. This post and rail concept was developed to give homage to the Diamond Bar Ranch history of the City. The medians will have natural color concrete along with accent rocks and boulders of varying shapes and sizes to add texture to the streetscape. The median islands will also incorporate the post and rail streetscape feature which will incorporate a core -ten steel panel with the iconic windmill and rolling hills that have long been a defining design element for the City. Steel panels will be highlighted from below with LED lights for prominent viewing during nighttime hours. Crosswalks are likely one of the most prominent features of the new streetscape design because they will be seen along all four legs of the intersection when driving through and will also be enhanced as part of this project. The crosswalk design enhances the defined pedestrian path of travel with pavers and natural blend colors accented at each corner with a diamond created by a greenish paver color and bordered by a concrete band. The pavers around the tree wells will be installed in various natural colors (champagne and espresso) with a tree grate in a finished rust/iron color that will have the iconic diamond shape and Diamond Bar enhanced in the tree grate. The traffic signal poles, one of the most prominent changes and elements requested from the community, will be enhanced to be decorative traffic signal poles. The old standard Caltrans poles will be removed and replaced with modern gray colored and finished traffic poles at all four corners. SCE/Young further stated that the new entry monument that will be located at the Longview intersection incorporates all of the design features in a deconstructed manner which has long defined the City. A steel panel featuring the windmill and rolling hills similar to the steel panels that will be included in the medians and parkways, will be illuminated from behind at the top of the 10.5 foot monument and accented with stone. Steel letters FEBRUARY 17, 2015 PAGE 7 CITY COUNCIL identifying Diamond Bar, the place, the community, the City with the incorporation date will be mounted over diamond patterned concrete with steel panels illustrating the rolling hills at the bottom. The monument will be located in the median island and will be anchored by stone columns about five to six feet in height to anchor the entry feature. The project currently has a total budget of just over $1.73 million which is from a variety of funding sources including $1 million in Federal funds in the form of SAFETEA-LU Funds, just under $700,000 of funds designated specifically for Grand Avenue in STPL (Federal) Funds. With the encumbrance of the entry monument design and proposed cost of the Construction Management Contract and Construction Contract, an appropriation is being requested from Council tonight from several funding sources. With these appropriations, the project will be fully funded. Staff's recommendation is to reject the low bidder Unique Performance due to the inadequate Good Faith Efforts. Because of the use of Federal funds for the project the goal of 18.4 percent Disadvantage Business Enterprise (DBE) was included as a requirement for the project; however, Federal requirements do permit the contract to be awarded to a contractor that does not meet the goal so long as they can provide sufficient "Good Faith" efforts in attempting to meet the goal. The low bidder, Unique Performance, committed to .37 percent of DBE's on the project and was not able to establish a sufficient Good Faith Effort for such a low commitment. The second low bidder, All American Asphalt, committed to 11.4 percent toward the goal and was able to demonstrate a sufficient "Good Faith" effort. Therefore, staffs recommendation tonight is to reject the low bidder and award to the second low bidder, All American Asphalt whose proposed bid the current budget reflects. PWD/Liu gave an overview of the Disadvantage Business Enterprise program. As presented earlier, this Grand Avenue Beautification Project is a Federally funded project which means $826,000 of Federal dollars are coming to the City's funding scenario. One of the conditions for receipt of such funding is that the City of Diamond Bar must comply with the Federal requirements to make a "Good Faith Effort" or in this case, cause bidders on the project to make "Good Faith Efforts" to solicit bids from Disadvantaged Business Enterprises. These are groups whose members are certified as socially and economically disadvantaged including, African Americans, Native Americans, Asian -Pacific Americans, Hispanic Americans, and Women. With that said, in the bid proposal plans and specifications, the City is required to state that Federal funding requirements very specifically and, as a condition of receiving Federal funding, the City has to make a "fair and reasonable" judgment as to whether the bid meets the goal of making adequate Good Faith Efforts. If the City does not comply with Federal funding conditions it could expose the City to losing current and all future Federal funds. As previously FEBRUARY 17, 2015 PAGE 8 CITY COUNCIL mentioned, the City retained RKA Consulting for the federal compliance work. RKA Consulting has extensive experience in making these types of determinations as well as, recommendations and of course, the criteria for which is stated in the Code of Federal Regulations. The DBE participation goal for this project was established at 18.4 percent and Unique Performance Construction or the apparent low bidder achieved only a 0.37 percent. Since Unique Performance did not meet the DBE goal the next step for the City was to determine whether or not Unique Performance Construction made the Good Faith Effort, RKA Consulting reviewed the company's efforts against the criteria established in the Code of Federal Regulations and according to the Code, in reaching the Good Faith Effort conclusion, the City "must review the performance of other bidders in meeting that contract goal". Furthermore, in considering the participation achieved by other bidders the City "may reasonably raise the question of whether, with additional effort, the apparent successful bidder could have met that goal." Given that Unique Performance Construction reported only 0.37 percent participation while the second low bidder, in this case All American Asphalt, achieved 11.4 percent, the City then reasonably raised the question of whether additional efforts by Unique Performance Construction could have had higher participation. Ultimately, again using the criteria established in the Code of Federal Regulations, RKA Consulting concluded that Unique Performance did not meet the Good Faith threshold as outlined in those regulations. PWD/Liu pointed out that concurrently, while conducting its own federal compliance work, staff coordinated with Caltrans local assistance. Not only did Caltrans concur with the findings and recommendations coming from RKA Consulting, they too, conducted their own independent evaluation and reached the same conclusion in terms of Unique Performance not meeting the Good Faith Efforts. During this entire process, CA/DeBerry provided his review and concurrence as well which have been highlighted in staff's report. CA/DeBerry explained that the City retained a consultant who is an expert in evaluating these types of contracts and that consultant has determined that the low bidder did make efforts but did not meet the criteria established in the Federal regulations and Caltrans who administers the funds has agreed with that finding. His understanding is that the latest emails from the low bidder have not changed the recommendation of the City's consultant. The problem is that if in fact it is determined that we awarded a contract to an entity that did not comply with the Good Faith Efforts that the City could lose the funding or even in a subsequent audit, the Federal government could require that the City reimburse the grant funds for not meeting the grant guidelines. He reiterated that it is not that the Council is being asked to award to the second lowest bidder because the low bidder did not meet the goal, it is because the consultant concluded that it did not meet the Good Faith Efforts to reach that goal. FEBRUARY 17, 2015 PAGE 9 CITY COUNCIL CM/DeStefano reminded the City Council that earlier this evening the public was invited to comment on a matter not on the agenda as well as, Consent Calendar matters and the City Council received comments from one speaker regarding this item specifically and that the Council had afforded the public the ability to comment on this item. Since Council has already solicited public comments staff is available to answer any questions the Council may have regarding this agenda item before it; after which staff would then ask that the City Council approve staff's recommendation. M/Tye referred to Page 4 of the presentation as it refers to the September 2014 approval to advertise for construction by Caltrans which to him means the project could not have been advertised without Caltrans approval. SCE/Young acknowledged that M/Tye was correct. M/Tye stated that Caltrans has reviewed the determination by RKA that the Good Faith Effort was not sufficiently documented. SCE/Young acknowledged that M/Tye was correct. M/Tye said he wanted people who are paying attention to this issue that a Disadvantaged Business Enterprise is not something of Diamond Bar's creation and there are guidelines to follow which are not Diamond Bar's guidelines but the Federal government guidelines. This is grant money from the Federal government. It is the government's money and Diamond Bar needs to spend it within those guidelines. He wants to be very specific about these facts because one of the pieces of correspondence says "there should be a point or standard to what each contractor should do at the minimum." And that might be true, but it is not up to Diamond Bar to decide that. He asked for comment from CA/DeBerry, PWD/Liu and/or CM/DeStefano. CA/DeBerry said that in response to M/Tye's questions, the answer to all of his questions is "yes." As a condition of receiving the Federal grant Diamond Bar promises the Federal government that it will abide by their guidelines. DBE requirements only come into play when accepting Federal funds. With respect to whether or not it should be more objective and there should be a point scoring system, while that may be a good point that is not the way it is set up. In fact, the Code of Federal Regulations state that it is going to be a judgment call in all situations. M/Tye said he wanted folks to understand that he is a big proponent of saving $189,574.20 but not at the risk of losing $800,000 or $1 million. As he said earlier, he is grateful that staff has come up with the battery backup system that saved the City $14,000 over what was budgeted and FEBRUARY 17, 2015 PAGE 10 CITY COUNCIL the City is watching every nickel and he does not believe it would be the goal of this or any Council to spend more money than is necessary. MPT/Lyons asked staff to comment on why the City uses a consultant to go through these proposals. CM/DeStefano said it is very simply an area of very complicated Federal regulations for which there is no in-house expertise. Diamond Bar is a contract City and often will engage contract service providers in various disciplines. In this case, it is due to the very precise and complicated nature of the Federal guidelines. PWD/Liu stated that earlier he mentioned that RKA Consulting has extensive experience in making these types of federal compliance requirement determinations. Not only do they have the working knowledge, they have established working relationships with the necessary agencies such as Caltrans so they have the ability to talk with the right people and have decisions made literally within the two week timeframe. In fact, staff made a call to Caltrans today to confirm that not only do they concur with RKA's findings in this case, but more importantly Caltrans conducted their own independent evaluation and reached the same decision that in this case Unique Performance did not meet the Good Faith Efforts. M/Tye reiterated that it is important to note again that while a good share of the money for this project comes from the Federal government, the project is administered by Caltrans. C/Lin asked if Caltrans gave the City its findings in writing or verbally. PWD/Liu responded that Caltrans gave a verbal response and sent an email confirmation this afternoon. C/Lin said that as an individual who has been involved in construction and design for 40 plus years he is fully aware of the DBE requirement as set forth by the Federal government and as M/Tye stated, if the City does not concur with the requirements it could immediately lose the funding. Because of the findings of non -response to the DBE requirements by both the City's consultant and Caltrans he is very comfortable with staff's recommendation. C/Lin moved, C/Herrera seconded, to Approve Consent Calendar Item 6.9 (b) to Appropriate Prop C Savings of 53,600 from the FY 2014-15 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 FEBRUARY 17, 2015 PAGE 11 CITY COUNCIL amount of $165,014 to the FY 2014-15 Grand Avenue Beautification CIP Budget; Adopt Resolution No. 2015-08: 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. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Lin said that he was away from the City for a couple of weeks and has nothing to report. C/Tanaka hoped that everyone had a nice Valentine's Day. During the past couple of weeks he attended several Neighborhood Watch meetings on Twin Canyon, Cold Spring and Hawkwood and thanked Deputy Aaron Scheller and Volunteers on Patrol Dean LaCesne and Gene Doss for their help. He commended all of the residents' efforts in keeping Diamond Bar safe. Last Friday he and M/Tye attended the Boy Scouts of America Golden Eagle District Dinner and Awards Banquet. Diamond Bar Boy Scout Troops are 730, 737, and 777 and Cub Scout Packs 737 and 788. He congratulated the 47 Eagle Scouts from the class of 2014 for the entire district. C/Herrera attended a SCAG meeting last week where she was requested to invite her entire City Council to its upcoming General Assembly on May 7 and 8 in Palm Desert. The General Assembly is a very informative event. Council Members who have not previously attended are encouraged to attend as she believes they will enjoy receiving the information. Staff can make reservations should individuals choose to attend. SCAG will be doing the new regional transportation plan in 2016 and will begin work on that now with emphasis on public transportation, particularly as it relates to "Millennials". In a few years the Millennials (individuals between the ages of 18 and 35) will make up a majority of the population in this region and many choose public transportation rather than choosing to drive on the freeways which will be the focus of the new regional FEBRUARY 17, 2015 PAGE 12 CITY COUNCIL transportation plan and she hopes to assist SCAG in formulating that plan. MPT/Lyons said she attended the Diamond Bar Women's Club Casino Night Fundraiser, a great event to raise money for various charities including scholarships, Shoes that Fit, House of Ruth and others. She complimented CSD/Rose's staff for obtaining three more grants to help complete the Parks Trail Plan which is a big asset to the City and getting better every day. As C/Tanaka said, there are now three additional Neighborhood Watch groups which in her opinion is another step in keeping Diamond Bar safe. M/Tye said it was his privilege to represent Diamond Bar along with C/Tanaka at the Boy Scout Awards. The Golden Eagle District and Baden-Powell Award is named after Robert Stephenson Smyth Baden-Powell who is given credit for starting what is known to us as the Boy Scouts of America. The Baden-Powell Award is the highest youth award achievable and it was great to give it to the leadership, the moms and dads who are providing leadership. The LA area Council of Boy Scouts was formed in 1911 so they have a little bit of experience doing this. He appreciates that staff provides the City Council with information it needs to make informed decisions and provides the Council with the deep background whether it be battery backups or the Beautification project on Grand Avenue. Having all of the is crossed and i's dotted is very, very important and that is how the Council is able to do what it does as efficiently as it is done. Congratulations to staff for Diamond Bar again being name a Tree City USA for several years in a row. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the City Council Meeting at 7:21 p.m. f W, TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 3rd day of March , 2015. r STEVE TYE, MAYO